Wisconsin Wrongful Death Claims: Statute of Limitations and Damages
By Attorney Mike Zara
Losing a loved one due to someone else's negligence is devastating. In Wisconsin, the law provides surviving family members with the right to pursue a wrongful death claim to seek compensation for their loss. Understanding the legal requirements, deadlines, and available damages is critical to protecting your rights.
What Is a Wrongful Death Claim in Wisconsin?
Under Wisconsin Statutes Section 895.04, a wrongful death claim arises when a person dies as a result of another party's wrongful act, neglect, or default. If the deceased person would have had a valid personal injury claim had they survived, their family members may bring a wrongful death action against the responsible party.
Common causes of wrongful death in Wisconsin include car accidents, truck accidents, medical malpractice, workplace injuries, defective products, and premises liability incidents.
Wisconsin's Statute of Limitations
Wisconsin imposes a three-year statute of limitations on wrongful death claims, measured from the date of the decedent's death (Wis. Stat. Section 893.54). If you fail to file within this window, the court will almost certainly dismiss your case regardless of its merits. There are limited exceptions for minors and cases involving delayed discovery, but you should never rely on an exception without consulting an attorney.
Who Can File a Wrongful Death Claim?
Wisconsin law designates specific parties who may bring a wrongful death action. The personal representative of the deceased person's estate files the lawsuit on behalf of eligible beneficiaries. Typical beneficiaries include the surviving spouse, minor children, and, in some cases, parents or other dependents of the deceased.
Damages Available in Wisconsin Wrongful Death Cases
Wisconsin allows two categories of damages in wrongful death cases. The first category covers pecuniary (economic) losses, including medical expenses incurred before death, funeral and burial costs, the value of lost future earnings and financial support, and loss of benefits such as health insurance or pension contributions.
The second category covers non-economic losses. Under Section 895.04(4), certain family members may recover damages for loss of society and companionship. These damages recognize the emotional and relational toll of losing a loved one and are separate from the estate's economic claims.
Wisconsin's Comparative Fault Rule
Wisconsin follows a modified comparative fault rule with a 51% bar. This means that if the deceased person was partially at fault for the incident that caused their death, the family's recovery is reduced by the deceased's percentage of fault. If the deceased is found to be 51% or more at fault, the family cannot recover any damages at all.
Contact a Wisconsin Wrongful Death Lawyer
If you have lost a family member due to negligence in Wisconsin, attorney Mike Zara can help you understand your rights and pursue the compensation your family deserves. With experience handling wrongful death cases in Wisconsin and five other states, Mike provides compassionate and aggressive representation.