The sudden death of a loved one is a heartbreaking event. However, if their death was caused by another person’s negligent or irresponsible actions, you may be able to file a wrongful death claim to recover compensation.
Filing a wrongful death claim is probably the farthest thing from your mind, but it may be absolutely financially necessary depending on your situation.
But a wrongful death claim can be a confusing and time-consuming process. We’ve put together a quick guide on filing wrongful death claims in Wisconsin below.
If you already know you want to file a wrongful death claim or if you’d like some advice from one of our wrongful death lawyers, you can schedule a free consultation at our Madison office by calling 608-268-0268.
A wrongful death claim may be filed by “the personal representative of the deceased person or by the person to whom the amount recovered belongs,” according to Wisconsin state legislature. Those parties may include a surviving spouse, domestic partner, child, parent, or guardian of the deceased.
Regardless of who files the claim, the court must allocate a portion of any damages awarded to the deceased’s dependents, which includes a spouse, domestic partner, and child or children under age 18.
The amount of these damages is determined by the court after considering factors like the age and abilities of the dependents, but it can’t exceed 50 percent of the total damages awarded.
However, just because the other party was negligent in their behavior, there are some situations where you won’t be able to pursue a wrongful death claim. We covered that in a previous blog post, but every situation is different.
The quickest way to you can get answers about your specific situation is to call our law firm at (608) 268-0268 for a FREE consultation.
There is a three-year statute of limitations on filing a wrongful death claim in Wisconsin. The statute of limitations begins when the injury initially occurred, or when the deceased should have reasonably known of the injury.
For example, if your loved one died instantly in a car accident, the statute of limitations begins on the date of the accident. If they were injured severely but survived for several weeks before passing away, the three-year time limit may begin on the date of the accident, not their date of death.
In Wisconsin, monetary compensation may cover:
Additionally, your wrongful death lawsuit may include a separate “survivorship claim,” which seeks compensation for pain and suffering that the deceased endured from the moment of injury until their time of death. In Wisconsin, there’s no cap, or limit, to the monetary amount that can be recovered in a survivorship claim.
Filing a wrongful death lawsuit can be an overwhelming burden when you’re also dealing with the death of a loved one. Furthermore, the at-fault party may offer you an initial settlement that isn’t enough to meet your needs.
The wrongful death lawyers at Boller & Vaughan in Madison, Wisconsin can help you recover the monetary compensation you and your family deserve. Call Boller & Vaughan at 608-268-0268 to schedule a free consultation today. You can also follow our Facebook page for updates.
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We live in Friendship, Wisconsin, and Boller & Vaughan came to our doorstep to discuss our mother’s wrongful death claim on a Saturday morning. Not only were we pleased with the large recovery, we were so thankful to have lawyers who were willing to explain to us every twist and turn along the way. It is great to know there is a law firm that will fight for the rights of elderly people all over Wisconsin.
Mr. Boller and Ms. Vaughan were incredible in working on my case and my daughter’s case. I was out of work and in the hospital with a new baby. Mr. Boller and Ms. Vaughan protected our rights and it was a pleasure to work with them. I hope never to be in another motor vehicle accident, however, if I am and I am injured, I will contact Boller & Vaughan immediately.
I was referred to Michelle through a friend. I have never had a better experience. It took a little over a year to get my settlement but the staff there stayed in constant contact and kept me in the loop. Oh, and Michelle actually got me MORE money than we discussed. I will refer anyone to this firm. Words cannot do justice the thanks that I have for Michelle and her staff (Mary especially) thank you guys so much!
After my husband died as a result of a motor vehicle accident, Boller & Vaughan spent countless hours talking with me, meeting with me in person, and making sure that I was okay. The drunk driver who hit us did not have any insurance, and we had to make a claim through our own insurance. Boller & Vaughan was fantastic at explaining the law to me and the handling of our claims.
After my son was injured in a daycare setting, Ms. Vaughan took the time to thoroughly investigate our case and my son’s injuries. Michele was approachable and had answers to our questions. Talking with her helped to relieve many of our anxieties.
