Losing a loved one to a wrongful death caused by someone else’s negligence is a heartbreaking experience that leaves families overwhelmed with grief and uncertainty. On top of emotional pain, the financial stresses of losing a loved one unexpectedly can often be devastating.
In Wisconsin, the law offers a way for families to pursue justice and financial relief when someone’s negligence is to blame. But the process can be difficult to manage during such a painful time. Knowing who can file a claim and what compensation might be available is essential to easing some of the burden.
Who Has the Right to File a Wrongful Death Claim?
In Wisconsin, an action for wrongful death may be brought either by (1) the decedent’s personal representative or (2) the person to whom the recovery belongs.
Regardless of who brings the claim, identifying the person to whom the recovery belongs depends on who survives the deceased. If the deceased leaves a surviving spouse or domestic partner along with minor children under the age of 18, then the claim belongs to both the spouse/partner and the children. If the deceased leaves no surviving minor children, then the claim belongs, in order, to (1) the surviving spouse or domestic partner, (2) the decedent’s lineal heirs if there is no surviving spouse or partner, or (3) the decedent’s brothers and sisters.
Statutory Limits on Damages
A wrongful death will often result in a survivor incurring both economic damages (such as medical bills, lost wages, and funeral expenses) and non-economic damages (such as emotional harm from the loss of society and companionship and the mental toll of losing a loved one).
Under Wisconsin law, there is no limit on the amount of economic damages that can be recovered in a wrongful deach claim. What this means is that regardless of whether the decedent would have brought home future earnings over the course of their lives totaling $5,000, $500,000, or $500,000,000, every dollar of those lost future earnings is generally recoverable in a wrongful death action.
Under Wisconsin law, there is a limit on the amount of non-economic damages that can be recovered for wrongful death. The cap is $500,000 for surviving minor children claimants and $350,000 for surviving adult claimants. One of the most difficult conversations we have with our wrongful death clients occurs when we have to explain these caps exist. The caps almost always mean that claimants do not receive full compensation for the loss of their loved ones, and it is never comforting for those claimants to hear that the legislature decided it was more important to protect negligent defendants from verdicts granted by “runaway juries” than it was to fully compensate wrongful death victims for their losses.
The Role of the Estate in Claims
When the decedent’s estate steps in to file a wrongful death claim, it can simplify the process for all involved. The estate acts on behalf of everyone, avoiding the need for multiple lawsuits. The estate can file claims for economic damages such as lost wages and medical bills, while allowing all survivors to make their own claims for non-economic damages. This can help to ensure that the survivors receive their share without unnecessary delays or complications.
Challenges to a Claim
Wisconsin’s wrongful death law requires each claiming survivor to establish how the loss of their loved one has affected them personally. Although such “non-economic” damages are capped as noted above, insurance companies and defendants often try to claim that the claimant deserves less than the maximum compensation for one reason or another. As a result, it is never guaranteed that claimants will recover the maximum amount of non-econcomic damages in a wrongful death claim, and it is important to work with an experienced wrongful death attorney to overcome some of the defenses that are made most commonly.
If you’ve lost a loved one because of someone else’s negligence, it’s important to protect your rights and act swiftly. Dillon Grube Law is here to guide you through this challenging time and fight for the compensation your family needs. Call us today at 608-373-5560 to schedule a consultation.
Dillon Grube
