Taking legal action following the unexpected loss of a loved one can be a difficult decision for many victims' families. However, it can be an important part of the healing process knowing that the negligent parties are being held accountable for their actions.
At the law office of Sigman Janssen, Sewall, Pitz & Burkham, our Green Bay wrongful death attorneys are ready to answer questions you may have regarding a wrongful death damages claim. For nearly 100 years, our firm has provided legal counsel to Wisconsin families and we have a proven history of success that includes millions of dollars in compensation recovered on behalf of our clients.
Contact us today to get the legal answers you need to help you decide what to do next. We offer free consultations and charge no upfront legal fees because we work on contingency – we only get paid for our services if you receive compensation.
Call (877) 888-5201 or complete our contact form.
What is a Wrongful Death?
Wisconsin, like many other states, follows a specific state statute that outlines the surviving family member’s rights after a wrongful death. According to Section 895 of the Wisconsin Statutes, a wrongful death is a death caused by the negligent or wrongful acts of another party. The deceased person could have pursued a personal injury claim if he or she survived.
A person’s actions, inactions or negligence can result in the wrongful death of a loved one. Some situations that may result in wrongful death include:
If you need assistance to determine if you have a case, contact our team today to review the details of the incident. The initial consultation is free.
Call us today at (877) 888-5201.
Who Is Eligible to File a Wrongful Death Claim?
Wisconsin law explains who can and cannot file a wrongful death claim on behalf of the deceased. This includes the following parties:
- A surviving spouse
- Domestic partner
- Guardian of the deceased
- A personal representative of the estate
No matter who files a wrongful death claim, if the deceased person has a surviving spouse, domestic partner, or more than one child under 18 years of age, the court is obligated to set aside a portion of any damages awarded for the care of the deceased person’s dependents. However, the amount awarded to dependents cannot exceed more than 50 percent of the total damages awarded.
Compensation Awarded in Wrongful Death Cases
According to Wisconsin Statute §895.04, the purpose of a wrongful death claim is to obtain compensation for the life of the deceased. Surviving family members or the personal representative of the deceased person’s estate may be eligible to recover economic and non-economic damages caused by the wrongful death, including:
- Reasonable cost of medical expenses related to the deceased person’s final injury or illness
- Burial and funeral expenses, including the cost of a cemetery lot, care of the lot, grave marker or burial monument, coffin, cremation, urn, vault, or any other article needed for burial
- Lost wages and other financial losses the deceased person would have reasonably earned if still alive
- Pain and suffering the deceased victim suffered prior to death
Wisconsin also gives surviving family members the right to pursue financial compensation for loss of society and companionship of the deceased. These damages cannot exceed more than $500,000 for the death of a child or $350,000 for the death of an adult.
While no amount of money could ever compensate you for the loss of a loved one, wrongful death claims may help you hold the other party accountable for the harm his or her negligence has caused. Our Green Bay wrongful death lawyers are here to determine if you have a case and if so, we can help you pursue justice for your loved one.
Have some questions? Call (877) 888-5201.
Wisconsin’s Time Limits on Wrongful Death Claims
Wrongful death claims are subject to a statute of limitations, which sets the deadline for filing a lawsuit after an accident. In the state of Wisconsin, the statute of limitations for wrongful death cases is within two or three years of the incident that resulted in your loved one’s death. This timeframe depends on the cause of the person’s death and is explained in Wisconsin Statute §893.54.
The two-year deadline for wrongful death claims applies to those who have lost a loved one because of negligent or other wrongful acts involving a motor vehicle, while the three-year deadline applies to the death of a loved one not caused by a motor vehicle accident.
Although you may have two or three years to file a claim, it is important that you take legal action as soon as possible. If you fail to file before the deadline passes, you may lose the right to file a lawsuit. However, there may be some exceptions to the two or three-year deadline. An experienced Green Bay personal injury attorney can determine whether you have a legal claim to file a wrongful death claim and if so, the deadlines and any exceptions that may apply.
Evidence Needed in a Wrongful Death Case
When building a wrongful death lawsuit, the legal professionals at Sigman, Janssen, Sewall, Pitz & Burkham thoroughly investigate each detail of the incident.
Some of the information we obtain may include:
- Accident reports
- Autopsy reports
- Medical records
- Physical evidence
- Death certificates
- Photographic evidence
- Video surveillance
- Eyewitness statements
- Expert witness testimony
- Pay stubs or tax returns
You can learn more about how we may be able to assist you throughout the legal process by contacting us for a free legal consultation. It is confidential and there is no obligation on you to take legal action.
Contact a Green Bay Wrongful Death Attorney for Help
If your loved one was fatally injured due to the negligence of another individual or as a result of a product malfunction, it's important to have a proven legal team on your side.
At Sigman Janssen, Sewall, Pitz & Burkham, our Green Bay wrongful death attorneys can review your case, evaluate your legal options, and determine whether you may be eligible to obtain compensation. If you have a valid claim and decide to move forward, we can guide you throughout the legal process and pursue full compensation for your losses.
Schedule a free, no-obligation consultation with our firm today. It is a no-risk opportunity for you to have your claim reviewed by an experienced and qualified attorney. There are zero upfront costs or fees involved. Our attorneys do not get paid unless we collect compensation for you.
Contact our team today at (877) 888-5201.