Wrongful Death Claim. A wrongful death claim is not a murder or manslaughter criminal case. A wrongful death case is one in which death was caused by the actions of someone else, or by neglect or failure to act. These lawsuits can be taken against an individual or a company. Some of the more common causes of death stem from auto accidents, workplace accidents, defective products and drugs, and medical malpractice. Related article: “Facts and myths about medical malpractice…”
Compensation may be available for:
- medical expenses incurred
- funeral and burial expenses
- financial losses
- limited compensation for loss of society and companionship
- other legal damages
Wisconsin Law. Although the deceased person can no longer bring a personal injury claim, family members can. Each state has specific rules regarding who may or may not file a wrongful death claim. In Wisconsin, a personal representative of the deceased person’s estate, surviving spouse, domestic partner, child, parent, or guardian of the deceased person may file a claim.
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If the deceased person left behind a spouse, domestic partner, and one or more children under the age 18, the court must set aside a portion of any damages awarded, for the care of the deceased person’s dependents. This amount varies by state. A “survivorship claim” from the personal representative on behalf of the estate, seeks damages for the conscious pain and suffering the deceased person endured. (From moment of injury, until the time of death.) Wisconsin law does not limit the damages that can be recovered in a survivorship claim. However, Wisconsin does not allow punitive damages. In addition, the claim must be filed within three years of the dated when the wrongful death occurred, or when that injury could reasonably have been discovered. Section 895 of the Wisconsin Statutes
Keep a sad event from becoming even more painful by ensuring that your unnecessary burdens are compensated for fairly. For more than fifteen years, the attorneys at Action Law offices have represented numerous families who have lost a loved one due to the wrongful conduct of someone else.
