Whether due to a car crash, motorcycle collision, pedestrian accident, or any other injury-causing incident, when someone we love is harmed, it’s reasonable to want to take steps to hold the responsible party accountable. When that action results in death due to a wrongful or negligent act, Wisconsin law considers this a wrongful death and allows certain parties to take legal actions against the party liable for the death. It is important to understand who may file a wrongful death lawsuit in Wisconsin before taking action.
Under Wisconsin law, there are specific individuals who may or may not file a wrongful death lawsuit. One of the potential eligible parties is the personal representative of the decedent’s estate. In many situations, though, the parties most likely to file the lawsuit include the surviving spouse, a domestic partner, surviving children, parents, or the decedent’s guardian. This order is set by statute.
No matter who files the lawsuit, however, the court must award a portion of the damages to any spouse, domestic partner, and children under the age of 18 left behind by the deceased party. The amount that may be recovered is dependent on a number of factors, including the dependents’ ages and earning capability.
The damages that may be awarded to the party filing the wrongful death lawsuit are dependent on various factors, but they often include expenses for medical bills incurred from the time of the injury to the time of the death, costs of burial and funeral, and more. The court may also award lost wages and income the deceased party would have earned, as well as lost companionship or guidance.
Our Milwaukee wrongful death lawyers understand the severity of these types of cases. We make it a point to provide knowledgeable, aggressive representation for our clients during such a difficult time. It’s important to know what is possible in a wrongful death claim and our team wants to guide you every step of the way.
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