Losing a loved one is devastating. Losing them due to someone else’s negligence or wrongful actions compounds that grief with anger, confusion, and questions that demand answers.
When a preventable death occurs in Milwaukee, Wisconsin law provides a path for families to hold responsible parties accountable.
Our Milwaukee personal injury lawyers at Cannon & Dunphy S.C. will work tirelessly to seek justice for your family. Our trial lawyers pursue the maximum possible compensation in every wrongful death case, and we handle all claims on a contingency fee basis—you will never pay a fee unless we win.
Contact us today for a free consultation about your family’s rights and options.
Types of Wrongful Death Cases
Wrongful deaths can result from many types of negligent or reckless conduct. Our Milwaukee wrongful death attorneys handle claims arising from:
- Motor vehicle accidents involving cars, trucks, motorcycles, or pedestrians
- Medical malpractice, including surgical errors, misdiagnosis, and medication mistakes
- Workplace accidents in construction, manufacturing, or other dangerous occupations
- Nursing home neglect or abuse affecting elderly or vulnerable residents
- Defective products that cause fatal injuries when used as intended
- Premises liability incidents, such as slip and falls or inadequate security
- Criminal acts, including assault and murder
Understanding Milwaukee Wrongful Death Cases
A wrongful death lawsuit is a civil claim brought when a person dies because someone else acted carelessly, recklessly, or wrongfully. Unlike a criminal case, which can send the at-fault party to prison, this type of claim provides financial accountability for the family left behind.
It can be difficult to know whether your case qualifies for wrongful death litigation. A death can feel preventable without it being clear who, if anyone, is legally responsible. That’s where a free legal consultation becomes valuable. Sitting down with Cannon & Dunphy S.C. costs you nothing and gives you a clear picture of whether you have a claim, what it may be worth, and how the process unfolds—with no obligation to move forward.
Who Can File a Wrongful Death Claim in Wisconsin?
Wisconsin law defines who has legal standing to pursue a wrongful death claim. The personal representative of the deceased person’s estate—essentially the executor—typically initiates the lawsuit on behalf of eligible family members.
If there’s no representative, surviving relatives can file directly, in this specific order:
- The spouse or domestic partner
- Children or grandchildren
- Parents
- Grandparents
- Siblings
The Statute of Limitations for Wrongful Death in Wisconsin
Every wrongful death case comes with a filing deadline, and missing it can permanently prevent you from pursuing compensation. In Wisconsin, you generally have three years from the date of the death to take action. When the death results from a motor vehicle accident, however, that window shrinks to two years.
A handful of situations can shift these timelines; claims against government entities, for instance, often carry much shorter notice requirements. Because these deadlines arrive sooner than many families expect, it is wise to speak with a Milwaukee wrongful death attorney as early as you can. This gives your lawyer the maximum time to preserve evidence, identify everyone who may be responsible, and build the strongest possible case.
Wrongful Death Laws in Wisconsin
When the deceased can no longer seek compensation for their suffering, their surviving family members should not be left without recourse. Wisconsin’s wrongful death statute creates a legal remedy when someone dies due to another party’s wrongful act, neglect, or default.
Essentially, if your loved one could have filed a personal injury lawsuit had they survived their injuries, you may be able to pursue a wrongful death claim.
Types of Damages That Can Be Recovered in Wrongful Death Cases
When wrongful death claims succeed, defendants are required to provide financial compensation for the losses families have endured.
Wisconsin wrongful death damages may include:
- Medical expenses for treatment related to the fatal injury
- Funeral and burial costs for laying your loved one to rest
- Lost inheritance that would have been passed to the survivors
- Lost financial support, including wages and income your loved one would have earned
- Loss of society and companionship
How a Lawyer Can Help After a Wrongful Death in Milwaukee
Navigating a wrongful death claim while grieving is overwhelming, and you deserve all of the support that you can get.
A Milwaukee wrongful death attorney handles the legal complexities—investigating the circumstances, gathering evidence, consulting experts, and negotiating with insurance companies—so you can focus on your family.
Your lawyer becomes your advocate, helping you meet all applicable deadlines, protecting your rights throughout the proceedings, and holding the responsible parties accountable.
Wrongful Death FAQ
The questions below address concerns that families frequently raise after losing someone in a fatal accident or incident. If you don’t see your situation reflected here, call us today—we are happy to answer your questions directly during a free case review.
What Is the Difference Between Wrongful Death and Survival Action?
Wisconsin law allows for two separate claims after a fatal injury, and each serves a different purpose. A survival action belongs to the deceased person’s estate. It seeks compensation for what your loved one personally went through before passing, such as medical bills, lost earnings, and the pain and suffering they endured. Since the claim belongs to the estate, the estate’s representative files it, and any recovery returns to the estate.
A wrongful death claim, on the other hand, belongs to the surviving family. It compensates relatives for their own losses, such as the companionship, guidance, and financial support they no longer have. Both claims can arise from the same event, but they address different harms and pay out to different parties. Pursuing them together takes coordination, which is one more reason families benefit from legal guidance.
How Do You Prove Wrongful Death?
To win a wrongful death lawsuit, you generally need to establish four elements:
- Duty: The at-fault party owed your loved one a duty of care.
- Breach: They failed to uphold that duty through negligent or reckless conduct.
- Causation: That failure directly led to the fatal injury.
- Damages: The death caused measurable losses for the family.
Backing up these elements requires strong evidence. Useful materials often include police and accident reports, medical and autopsy records, photographs, surveillance footage, witness statements, and testimony from relevant experts.
Contact a Wrongful Death Attorney in Milwaukee to Discuss Your Claim
For years, Cannon & Dunphy S.C. has helped families pursue legal action against those responsible for their loved ones’ wrongful death.
We can guide you through this difficult process with compassion and determination. Contact us at (262) 239-4124 to schedule a free consultation with our Milwaukee wrongful death lawyers today.