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Making a Wrongful Death Claim in Wisconsin

Wrongful Death Attorney

Suddenly losing a loved one can be emotionally devastating and have a significant negative impact on the dependents of the deceased. If the deceased’s death was because of someone’s neglect, they have the right to demand compensation from the accused by filing a wrongful death claim.

According to Section 895 of the Wisconsin Statutes, a ‘wrongful death’ is death that is the result of neglect, a wrongful act or default. The logic behind this civil lawsuit is that if the deceased cannot make a personal injury claim, others can do so on their behalf – through the claim. However, the claim is not based on criminal charges.

Penalties in the latter include prison time and community service. However, in a wrongful death claim, the family of the deceased asks for monetary compensation from the individual or entity responsible for the death of their family member.

Who Can File A Wrongful Death Claim in Wisconsin?

Like all states, Wisconsin has its own set of rules, which govern who can file this claim in court. If you live in Kenosha, WI, you can file a wrongful death claim if you are:

  • The surviving spouse, parent, child, guardian or partner of the deceased; or,
  • The personal reprehensive of the estate of the deceased.

No matter who files the claim, if the deceased has dependents they left behind, (such as children under the age of 18 or a spouse), the court will set aside a portion of the compensation awarded for their care. The amount the court decide on will depend on the age and capabilities of said dependents,but it rarely goes more than 50% of the total award.

Types of Damages Awarded

Some of the damages that can be awarded in this claim include the following:

  • Funeral expenses of the deceased;
  • Medical expenses that went towards treating injuries, which resulted from the neglect that lead to the wrongful death;
  • Lost income the deceased may have earned if they were still alive and which would have gone to the dependents; and,
  • Loss of companionship.

There are certain restrictions to the claim. For example, family members may not be awarded more than $350,000 if the deceased is an adult, however, the amount can increase to $500,000 if the deceased is a minor.

Also, the state does not allow punitive damages in such cases. Besides these damages, the survivors may also make a survivorship claim for the pain and suffering the deceased experienced before, during and after their death. This can come into play if the victim survived for weeks after an accident before succumbing to their injuries.

Losing a beloved member of the family can be emotionally devastating andlead to financial ruin for dependents. If you are looking to file a valid wrongful death claim in Kenosha, WI, get in touch with us at the Law Offices of John V. O’Connor today. We are compassionate and committed at resolving such claims and will ensure you get the compensation you need and deserve.


    The Law Offices of John V. O'connor

    The Law Offices of John V. O'Connor
    600 52nd Street Suite 120
    Kenosha, WI 53140


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