Who Can File a Wisconsin Wrongful Death Lawsuit?

When a loved one dies as a result of the negligent behavior of another individual or business, you or other family members may have the right to file a wrongful death claim on his or her behalf.  Wisconsin Statutes 895.04 sets forth the requirements for a wrongful death suit under Wisconsin law. The executor or administrator of the deceased individual’s estate has the right to file a wrongful death lawsuit, as well as any person who has a right to any damages recovered from the responsible party or parties.

Among the individuals who might be eligible to file a wrongful death suit are the deceased person’s child, parent, or spouse. The priority of these individuals, or the right to claim damages from a wrongful death lawsuit, depends on the situation. If the deceased is a minor child, then his or her surviving parents would have the right to recover damages. If the deceased was married, then the spouse could recover damages; however, if the deceased has minor children, they may be entitled to receive some damages, as well. If the deceased is an unmarried adult with no minor children, then Wisconsin law would dictate the heirs who are eligible to file a wrongful death suit. These individuals might include parents, adult children, grandchildren, or siblings, depending on the circumstances.

The experienced Wisconsin wrongful death attorneys of Boller & Vaughan are here to help you through the aftermath of a motor vehicle crash, no matter how great the damages or injuries may be. We can look into the circumstances surrounding your accident, assess the situation, and evaluate any claims that you may have for damages. We know how to determine fault in a car accident, and build a strong wrongful death claim based on that determination. Contact our office today in order to schedule a free initial consultation about any potential claim that you may have.


Disclaimer: The personal injury, wrongful death, negligence, automobile accident and/or other legal information offered herein by Boller & Vaughan L.L.C., Madison Personal Injury Lawyers, is not formal legal advice nor the formation of an attorney client relationship. Any results set forth herein are based only upon the facts of that particular case and offer no promise or guarantee on the outcome of any case. This site is not intended to solicit clients outside the State of Wisconsin.
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