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Taking Legal Action After a Wrongful Death in Milwaukee
In the devastating aftermath of losing a loved one, it can be very difficult to make practical decisions and plan for the future. Sometimes the most you can do is to get through each day in one piece as you plan a funeral, deal with logistics, and help your family members process the loss. And when that loss is caused by someone else’s negligence, the grief and overwhelm are compounded by a deep sense of injustice, even anger.
If this situation sounds painfully familiar to you, you may have legal options. In Wisconsin, surviving family members have the right to pursue a wrongful death claim to seek accountability and compensation. While no amount of money can make up for what you have lost, a successful lawsuit can provide the financial support and legal recognition your family deserves.
If you believe your loved one’s death was preventable, one of our experienced, compassionate Milwaukee wrongful death attorneys can guide you through the complex legal process and help you decide what you want to do next.
What Is Considered Wrongful Death in Wisconsin?
A wrongful death occurs when a person dies as a result of another party’s negligent, reckless, or intentional act. Under Wisconsin Statutes § 895.03, a civil wrongful death claim can be brought when the deceased could have filed a personal injury lawsuit if they had survived.
Common causes of wrongful death lawsuits in Wisconsin include:
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Fatal car, truck, or motorcycle accidents
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Medical malpractice
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Workplace accidents
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Nursing home abuse or neglect
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Defective products
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Fatal falls or drownings on unsafe property
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Violent criminal acts
These cases are emotionally challenging and often involve complex civil litigation. They may even involve a criminal case against the person responsible for the death. They require careful investigation from an attorney who understands the relationship between different types of civil litigation, and their interaction with criminal charges, to establish fault and prove damages.
Who Can File a Wrongful Death Lawsuit in Wisconsin?
The right to file a wrongful death claim belongs to the deceased person's personal representative, which is often a close family member. Wisconsin law prioritizes certain relatives, including spouses and domestic partners, children (including adult children), parents (if the deceased was a minor or had no spouse or children), and legal guardians. If there is a will, it may name a personal representative. If not, the court may appoint one to handle the estate and any legal claims.
What Compensation Is Available in a Wrongful Death Case?
Wrongful death lawsuits are designed to provide compensation for the losses suffered by surviving family members as well as the estate. In Wisconsin, these can include:
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Medical bills related to the fatal injury
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Funeral and burial expenses
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Loss of the deceased’s financial support
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Loss of companionship, guidance, and care
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Pain and suffering (in some cases, for the decedent prior to death)
Under Wis. Stat. § 895.04, there is a cap of $350,000 for loss of society and companionship for an adult and $500,000 for a minor. However, there is no cap on economic damages such as lost income or medical costs.
How Long Do You Have to File a Wrongful Death Claim in Wisconsin?
The statute of limitations for most wrongful death claims in Wisconsin is three years from the date of death. However, if the death resulted from a car accident, the deadline may be reduced to two years under Wis. Stat. § 893.54. Missing the deadline could mean permanently losing your right to seek compensation.
That is why it is critical to speak with a wrongful death attorney as soon as possible. Evidence can disappear quickly, and the legal process takes time.
What Is the Process for Filing a Wrongful Death Lawsuit?
Wrongful death cases follow a structured process in Wisconsin civil courts:
1. Investigation and Evidence Gathering
Your attorney will collect accident reports, medical records, witness statements, expert opinions, and other documents to build a strong case.
2. Filing the Claim
A formal complaint is filed in the appropriate circuit court, naming the defendants and stating the basis of the claim.
3. Discovery Phase
Both sides exchange evidence and may take depositions. This is often the longest phase and is critical for identifying strengths and weaknesses in each party’s case.
4. Settlement Negotiations
Most wrongful death lawsuits settle out of court. A skilled attorney will negotiate aggressively to secure fair compensation while preparing for trial if needed.
5. Trial
If no settlement is reached, the case proceeds to trial, where a jury or judge decides whether the defendant is liable and what damages are owed.
Frequently Asked Questions About Wrongful Death Lawsuits
Can I sue for wrongful death if criminal charges are also being filed?
Yes. A civil wrongful death lawsuit is separate from any criminal case. You can pursue damages even if the state is prosecuting the person responsible.
What if my loved one was partly at fault?
Wisconsin follows a comparative negligence rule. If your loved one was less than 51 percent at fault, the estate and family may still recover damages, reduced by the percentage of fault.
Will we have to go to court?
Not necessarily. Many wrongful death claims settle before trial. However, choosing a firm with trial experience ensures your case will be handled effectively if it does go to court.
How long does a wrongful death case take?
It depends on the complexity of the case. Some may resolve in months; others may take several years, especially if expert witnesses or contested liability are involved.
What is the average value of a wrongful death case in Wisconsin?
There is no fixed value. Claims can range from tens of thousands to millions of dollars, depending on lost income, age and health of the decedent, medical costs, and other factors. That being said, many people are surprised to learn that the actual value of their case is higher than they thought it would be. This is why talking to an experienced personal injury attorney is so important; we have seen many claims and know how to demand fair compensation.
Contact a Milwaukee, WI Wrongful Death Lawyer for a Free Consultation
If you have lost a loved one in a tragic accident, you deserve answers and legal support. At Gimbel, Reilly, Guerin & Brown, LLP, we are committed to helping families navigate the legal system and pursue justice. Our team offers compassionate, experienced representation backed by the resources needed to take on serious, high-value claims. Call us at 414-271-1440 for a free consultation with a trustworthy Milwaukee, WI wrongful death lawyer.
