By: Attorney Chris Strohbehn 

Motorcyclists contend with many safety challenges. Driving in the open air among trucks, passenger-sized vehicles, and fellow motorcyclists can be precarious. Additionally, motorcyclists are vulnerable to fluctuations in weather, visibility, and road pavement, such as potholes. On average, motorcyclists are 29 times more likely to die in an accident than those in a passenger vehicle. Of the 2,104 motorcycle crashes in Wisconsin during 2020, there were 112 fatalities.

Families of those who have perished in a motorcycle accident may bring a wrongful death claim for monetary compensation (“damages”). Awarded damages are for the loss of potential income from the deceased as well as medical and funeral expenses for the deceased. Emotional trauma incurred from the catastrophic event is also taken into account when awarding damages. The statute of limitations for wrongful death lawsuits resulting from a motor vehicle in the state of Wisconsin is two years after the accident occurs. So, there are crucial time constraints to consider.

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By Attorney Chris Strohbehn 

In Wisconsin, injury victims have the right to file a personal injury claim seeking compensation from the negligent parties who were responsible for their damages. Unfortunately, not all injury victims survive long enough to initiate the process, let alone benefit from the compensation. However, this does not mean that there is no way of holding the negligent party accountable. The victim’s surviving family members can also pursue compensation through a wrongful death lawsuit. If you have recently lost a loved one due to someone else’s negligence, you should be sure to understand your rights to pursue financial compensation.

Protections for Minor Children of the Deceased

According to Wisconsin law, a wrongful death action must be initiated by either the personal representative of the victim’s estate, or the victim’s next of kin who is entitled to compensation. Often, this is the victim’s spouse or domestic partner. However, when the victim has children under the age of 18 at the time of their death, the court responsible for hearing the wrongful death case will seek to ensure that those children have access to the resources they need now that their parent is no longer able to provide them. When determining an appropriate amount to set aside, the court will consider factors including the children’s ages and needs, as well as the capacity of a surviving parent to provide for them.

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If your loved one has died due to the fault of another person or business, Wisconsin law states that you may be able to recover certain monetary damages through a wrongful death lawsuit. 

Who Can Recover Compensation?

Wisconsin law only allows certain people to bring wrongful death actions, and it also dictates certain parties who must recover any award of damages in wrongful death actions. Those who may bring a wrongful death action include:

• The personal representative of the deceased person's estate
• The surviving spouse of the decedent
• The domestic partner of the decedent 
• The child of the decedent
• The parent or guardian of the decedent

If the decedent left behind a spouse, domestic partner, or one or more children under age 18, the court will set aside a part of any award for the care of the deceased person's dependents. The amount will not be more than 50 percent of the total award.

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Home fires are responsible for more than 90 percent of fire fatalities in this country. According to the U.S. Fire Administration, there were more than 1.3 million house fires in this country in 2011. More than 3,000 people were killed in those fires, and another 17,000 were injured. In addition to the loss of life, these fires caused a total of 1.7 billion dollars in damages.

The most common causes of house fires include:

• Cooking equipment;
• Heating equipment;
• Arson;
• Electrical wiring or equipment;
• Smoking materials;
• Clothes washer or dryer; and
• Candles.

More than 40 percent of home fires start in the kitchen. Sixteen percent of fire fatalities are a result of kitchen fires. Less than 10 percent of home fires begin in the bedroom, yet these fires result in 25 percent of fire fatalities. Living room fires are responsible for another 25 percent of fire deaths, however, only four percent of home fires begin here.

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When someone we loves dies because of the negligent actions of another, or as a result of the wrongful actions of another, it is difficult to see past our grief and investigate to make sure we have a complete understanding of why the death occurred. It is very important, however, to fight the urge to avoid the stress of the situation, and instead to learn all of the facts and circumstances surrounding the death, to ensure that if there is a culpable party, they are held responsible and will therefore be deterred from acting the same way in the future. You may also be entitled to damages for the responsible party’s actions if you can prove those actions caused or contributed to the death of your loved one. Such a lawsuit is called a wrongful death lawsuit, and it is governed by Wisconsin’s wrongful death statute.

Who Can Bring a Wrongful Death Claim in Wisconsin?

Depending on the cause of death, there are certain parties that may be entitled to bring a claim for wrongful death after the passing of a loved one. The executor or administrator of the estate may bring a wrongful death claim, and so can any person who has the right to the damages that will be recovered if the action prevails. More specifically, if the person who died was a minor, then the parents or guardians are the parties who are entitled to receive any recovery in a lawsuit, and thus are the parties eligible to bring a wrongful death suit.

If the deceased person was married, then any damages recovered in a wrongful death suit go to the spouse, unless there are any minor children. If there are children under the age of 18, the children may receive up to 50 percent of the recovery for support, and the surviving spouse is entitled to the other 50 percent. If there is no spouse and no children, any damages that are recovered in a lawsuit belongs to any heirs of the deceased, such as parents, adult children, siblings, or grandchildren. Any of these parties are therefore entitled to bring a wrongful death lawsuit.

Damages Allowed in a Wrongful Death Claim

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