How does comparative negligence affect a wrongful death case?

Wisconsin state law states comparative negligence does not eliminate your ability to recover damages for wrongful death as long as the deceased was less than 51% responsible for the incident. In a wrongful death case, the insurance company of the person you are seeking damages from will likely attempt to prove the deceased person was partially or mostly responsible for the death.

  • If the deceased is judged to have no responsibility for the incident, you will receive the full amount of compensation dictated by the court for damages.

  • If the deceased is judged to be less than 50% negligent, the amount of compensation you receive in damages will be reduced by the percentage of which they are found negligent.

  • If the deceased is judged to be 50% negligent, the compensation you receive in damages will be reduced by 50%.

  • If the deceased is judged to be more than 50% negligent, you will receive no compensation for damages.

Wrongful Death cases Warshafsky Law has won

Car Accidents Car Accidents
Cycling Accidents Cycling Accidents
Airplane Accidents Airplane Accidents
Boating Accidents Boating Accidents
Motorcycle Accidents Motorcycle Accidents
Train Accidents Train Accidents
Fires Fires
Mesothelioma (asbestos) Mesothelioma (asbestos)
Poisoning Poisoning
Premise Liability Premise Liability

Milwaukee’s trusted fatal accident attorneys at Warshafsky Law have an in-depth understanding of wrongful death claims and how to secure maximum compensation.

Who can file a wrongful death claim?

Wisconsin State Statutes state 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. In other words, a wrongful death claim can be made by:

  • Children or other dependents of the deceased
  • A spouse or domestic partner of the deceased
  • Parents of the deceased
  • Grandparents of the deceased
  • Siblings of the deceased

If your loved one has been the victim of a wrongful death, the aggressive advocates at Warshafsky Law are the wrongful death attorneys Milwaukee trusts.

No win. No fee. Free Case Assessment.

What damages can be compensated for a wrongful death claim in Milwaukee?

Nobody could ever put a price tag on the life of your loved one, but the unfortunate reality is death can be expensive. Between medical bills, funeral arrangements, and financial uncertainty, the unexpected loss of a family member can be a large strain on your finances. The person responsible for the loss of your loved one should be held responsible for the financial and emotional cost of their death.

Monetary Damages

  • Loss of future income
  • Funeral & burial costs
  • Medical expenses
  • Loss of inheritance

Non-monetary Damages

  • Loss of companionship
  • Shock & emotional turmoil
  • Pain experienced by the deceased

Wisconsin State Statutes are specific on the level of compensation you are entitled to following a wrongful death. You are entitled to compensation for any monetary damages incurred due to wrongful death, and the amount of monetary damage you can claim is not capped. Non-monetary damages, such as loss of companionship or pain and suffering, can be compensated up to $350,000 for a deceased adult or $500,000 for a deceased minor (§895.04). Punitive damages in Wisconsin can be paid up to $200,000 (§895.043).

If the deceased person has left a surviving spouse and at least one child under the age of 18, the court will “set aside” a percentage of the damages awarded specifically for the children. The court can set aside up to 50% of the total damages for minor children and will consider the age of the children and the earning capacity of the surviving spouse when determining the final amount.

Contact Warshafsky Law today to learn more and start the process of filing your Milwaukee wrongful death lawsuit.

Wisconsin’s Wrongful Death Claim Statute of Limitations

Wisconsin’s statute of limitations for filing a wrongful death claim is different depending on the cause of your loved one’s death.

  • There is a 2-year statute of limitations for deaths caused by a motor vehicle accident.
  • There is a 3-year statute of limitations for deaths caused by negligence or other wrongful acts not involving a motor vehicle including assault, medical malpractice or workplace accidents.

Contact the Milwaukee wrongful death attorneys at Warshafsky Law as soon as possible after the death has occurred. Waiting too long to seek legal counsel can result in a significant loss of evidence and possibly a lower settlement amount. The sooner you contact us, the more money we’ll win for you. Use our 7-day checklist to put all of your deceased loved one’s affairs in order and maximize your settlement.

Criminal vs. Civil Court Lawsuits

The criminal justice system and civil court operate independently. If someone’s negligent or criminal act results in the wrongful death of your loved one, they may face criminal charges. But the outcome of their criminal case does not impact your right to pursue compensation through a civil wrongful death lawsuit.

Even if the at-fault party avoids jail time, a dedicated Milwaukee wrongful death lawyer from Warshafsky Law will fight to hold them financially accountable. We work aggressively to secure the maximum compensation you deserve after losing a loved one, regardless of what happens in criminal court.

Don’t let a plea deal, dropped charges or light sentence prevent you from filing a wrongful death lawsuit in Milwaukee. The experienced attorneys at our Milwaukee wrongful death law firm help families navigate the complex civil litigation process after a tragic loss. Trust us to stand by your side as we aggressively pursue fair damages.

We provide legal guidance tailored to your unique situation, and you won’t pay a penny until you receive compensation. Contact Warshafsky Law’s compassionate and successful wrongful death attorneys for a free consultation.

No win. No fee. Free Case Assessment.

Milwaukee Personal Injury Lawsuits Frequently Asked Questions

Who can I sue for wrongful death?

You can file a wrongful death claim against any individual or organization who caused someone's death through negligence. Common defendants in wrongful death cases include drivers at fault in a fatal motor vehicle accidents, doctors/hospitals, nursing homes, airlines, and childcare workers/businesses. It's best to speak with a wrongful death attorney to make sure you have a valid case.

How long do I have to file a wrongful death claim?

According to Wisconsin Statue §893.54, you have 3 years to sue for a wrongful death. If the cause of death was an accident involving a motor vehicle, you only have 2 years to file a wrongful death claim. If you file your claim within the legally allotted time after death, your case will be valid.

How much can I sue someone for wrongful death?

In Wisconsin, there is no limit on special damages in wrongful death cases. Representatives of the deceased can make a Wisconsin wrongful death statutory claim to seek damages for associated financial loss. Pecuniary damages may also be compensated for (medical expenses, lost financial contributions/inheritance, funeral expenses). There IS a cap on damages for loss of society and companionship - Max. $500,000 per deceased minor, Max. $350,000 per deceased adult.

What is the average wrongful death settlement in Wisconsin?

In Wisconsin, it's common for wrongful death settlements to reach hundreds of thousands of dollars. Some case settlements aren't as high, some settlements reach millions of dollars. Death settlement amounts vary depending on the unique details of each case. Always consult your attorney for a more accurate estimate of what your settlement should be.

How are wrongful death settlements paid?

It is most common for the insurance company providing liability coverage to the person found at fault to pay the settlement. If the settlement amount is higher than the insurance policy's limit, or the individual at fault is uninsured, they are personally responsible for paying the settlement amount or jury award. Damages awarded in a wrongful death claim must also include interest calculated from the date of the victim's death.