Wisconsin Wrongful Death Attorneys

representing victims of personal injury

Working with us on Wrongful Death Cases

No financial compensation is adequate to make up for the death of a family member.  If you have lost a loved one due to someone else’s negligence, your well being comes first.  Your rights are next.  At Eaton John Overbey Jackman, an experienced lawyer will take your case to heart when it comes to collecting just compensation.

Causes of Wrongful Death

Wrongful death may occur as the result of many types of accidents such as a car crash, a construction site accident, a semi truck collision, a train accident, a pedestrian hit by a car, a plane crash, a slip, trip and fall accident, a defective product, asbestos exposure or medical malpractice.

Who can file a wrongful death lawsuit?

A Wisconsin wrongful death lawsuit is governed by the Wisconsin statutes. Only certain people are entitled to file a claim for wrongful death, and then only within a certain period of time:

  • If the victim was married, only the surviving spouse, personal representative, or special administrator of the estate may file a claim
  • In many cases, including medical malpractice, there can only be a claim where there is a surviving spouse or a minor heir
  • Claims must be carefully screened to determine if they meet all state requirements
  • Failure to properly screen a case or observe filing deadlines could bar your claim from consideration regardless of merit.

What types of damages can be recovered for wrongful death in Wisconsin?

A wrongful death claimant is entitled to recover money for both economic and non-economic damages. Economic damages include the financial contributions which the decedent would have made had he or she survived. It also includes the recovery for funeral services in memory of the decedent and for burial costs.  There is no cap on economic damages in Wisconsin.

Non-economic damages include loss of love, society, companionship, comfort, affection, solace or moral support. Non-economic damages in Wisconsin are capped at $350,000 for the death of an adult, and $500,000 for the death of a child.

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