Cannon & Dunphy S.C. is here to help bereaved families who lost loved ones at the hands of someone else’s wrongful actions. The Wisconsin personal injury lawyers at Cannon & Dunphy can help you file a wrongful death claim seeking compensation for your financial burdens, medical expenses, funeral expenses, and emotional grief.
Our Wisconsin wrongful death lawyers have handled a wide variety of wrongful death lawsuits caused a range of fatal accidents and negligence of others including, car accidents, motorcycle accidents, pedestrian accidents, medical malpractice, and more.
If you have lost a loved one due to an unexpected accident or fatal injury, contact our experienced Wisconsin wrongful death lawyers at Cannon & Dunphy, S.C. to discuss your wrongful death claim today and find out how our law firm can help you recover financial compensation.
What Is a Wrongful Death Case?
Our Wisconsin wrongful death lawyers are well-versed in the state-specific laws regarding wrongful death. In the state of Wisconsin, an action for wrongful death may be brought by the personal representative of the deceased person or by the person to whom the amount recovered belongs. Separate actions can be brought for the same wrongful death, but in some situations, these separate actions are consolidated upon filing a motion to consolidate.
Who Can File a Wrongful Death Claim?
Claimants in wrongful death cases are typically the deceased’s surviving family members, such as the spouse or domestic partner, children, lineal heirs, or brothers/sisters. Claimants in wrongful death cases can attempt to recover financial damages in the following categories:
Types of Wrongful Death Actions
- Loss of consortium
- Loss of society/companionship
- Costs related to:
- Medical expenses
- Funeral and burial expenses
- Loss of financial support
- Loss of inheritance
- Loss of help/aid
Wisconsin’s Wrongful Death Law – Section 895.04
Wrongful death actions in the state of Wisconsin are dictated by the statutes contained in § 895.04 – “Plaintiff in wrongful death action.” For detailed information on these laws, visit Chapter 895 of the Wisconsin Statutes.
Wisconsin Caps on Damages
As a part of tort reform, certain caps or “limits” were placed on noneconomic damages, that is, damages that are not easily quantifiable such as emotional pain and suffering.
According to § 895.04, these “additional damages” cannot exceed $500,000 in the death of minors and $350,000 in the death of adults.
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Your Legal Rights After a Wrongful Death
When you lose a loved one due to another party’s actions or negligence, you are not just dealing with grief—you are also facing significant financial burdens and legal questions. Wisconsin’s wrongful death laws exist to protect your rights and provide a path toward compensation during this difficult time.
Wisconsin defines wrongful death as any death caused by another party’s wrongful act or negligence in situations where your loved one could have filed a personal injury lawsuit if they had survived.
Several types of incidents can form the basis of your wrongful death claim, such as:
- Negligence-based accidents like car crashes
- Medical malpractice that results in death
- Intentional acts of violence
You must act quickly when pursuing these claims. Wisconsin’s statute of limitations gives you three years from the date of death to file your lawsuit in most cases.
However, if your loved one died in a car accident, you have only two years to commence an action. Missing these deadlines typically means losing your right to seek compensation entirely, regardless of how strong your case might be.
Proving Liability in a Wrongful Death Case
To prove that another party caused your loved one’s death, you will need to establish four key elements that form the foundation of any negligence claim.
Your attorney will work to gather the evidence necessary to prove the following facts:
- Duty of Care: The defendant owed your loved one a legal obligation to act with reasonable care under the circumstances.
- Breach of Duty: The defendant failed to meet this standard of care through their actions or inactions.
- Causation: The defendant’s breach directly caused or substantially contributed to your loved one’s death.
- Damages: You suffered measurable losses as a result of the death, including financial and emotional harm.
What Is a Wrongful Death Claim Worth?
The financial value of your wrongful death claim depends on multiple factors unique to your situation.
Wisconsin law allows compensation for both economic and non-economic damages, giving you the opportunity to recover compensation that reflects the full impact of your loss.
Your wrongful death claim can help address:
- Medical expenses related to the final injury or illness
- Funeral and burial costs
- Lost inheritance your loved one would have left behind
- Financial losses, including the wages and income they would have earned throughout their lifetime
- Loss of society and companionship, capped at $350,000 for adults and $500,000 for minors
Several factors influence your claim’s final value. Your loved one’s age, health, earning capacity, and life expectancy can all influence the value of future financial losses.
Their relationship with family members, including their role as a provider or caregiver, also affects compensation for loss of companionship. The circumstances surrounding the death and the degree of the defendant’s fault can impact the overall award as well.
Your attorney will work with economists and other experts to project these losses accurately. With this thorough preparation, we will fight for fair compensation that accounts for both immediate expenses and long-term financial impact on your family’s future.
How Can a Wrongful Death Lawyer in Wisconsin Help?
If you choose to retain Cannon & Dunphy S.C. for your wrongful death case, we will utilize every measure possible to build a strong case on your behalf.
Our Wisconsin wrongful death attorneys can utilize expert testimony such as physician and vocational/economic testimony – whatever it takes to ensure that you and your loved ones make a complete financial recovery after the tragic and unexpected loss of your loved one.
Contact a Milwaukee wrongful death attorney at Cannon & Dunphy, S.C. by calling (262) 782-2700 today for a free case evaluation.