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Wrongful death is a legal term used to describe a situation where an individual dies due to the negligence, recklessness, or intentional actions of another party. In Wisconsin, as in many other states, wrongful death claims allow certain family members or representatives to seek compensation for the loss of their loved one. Understanding who can file a wrongful death claim in Wisconsin is essential for those seeking legal recourse after the loss of a family member. In such cases, working with our experienced Wisconsin wrongful death attorney can provide invaluable guidance and assistance.
Wrongful death can occur in various situations, including car accidents, medical malpractice, workplace accidents, defective products, and intentional acts such as assault or homicide. When a person dies as a result of another party’s wrongful actions or negligence, surviving family members may have grounds to file a wrongful death claim to seek compensation for their loss. This financial compensation may cover economic damages such as medical expenses, funeral costs, and loss of financial support, as well as non-economic damages such as pain and suffering, loss of companionship, and emotional distress.
In Wisconsin, like in many states, there is a time limit within which a wrongful death lawsuit must be filed, known as the statute of limitations. The statute of limitations serves as a deadline for initiating legal action and varies depending on the type of case and the state in which it is filed. Understanding Wisconsin’s statute of limitations for wrongful death lawsuits is crucial for those considering legal action after the loss of a loved one.
Under Wisconsin law, the statute of limitations for wrongful death lawsuits is governed by Wisconsin Statute section 893.54. According to this statute, a wrongful death lawsuit must generally be filed within three years from the date of the deceased person’s death. This means that individuals seeking to file a wrongful death claim must ensure that the lawsuit is initiated within three years of the date of death, or else they may lose their right to pursue legal action.
It’s important to note that there are some exceptions and nuances to Wisconsin’s statute of limitations for wrongful death lawsuits. For example, if the wrongful death was caused by medical malpractice, the statute of limitations may be extended to three years from the date the injury was discovered or should have been discovered but no more than five years from the date of the injury.
The Statute of Limitations is a deadline for settling a wrongful death claim or putting it into a lawsuit. If you are one day late in filing a lawsuit, your right to make a claim may be forfeited. This deadline is different depending on the type of claim you are making and who you are making it against.
To calculate the deadline, an attorney must consider what caused the death, the date of the incident, the date the victim died, and what person or persons caused the death, along with other important facts and dates. The correct answer is different in every case.
It takes an experienced lawyer to calculate that date. You can hire one lawyer to calculate the deadline and another to handle the death claim. The Law Offices of John V. O’Connor can help you calculate the deadline at no charge, and you are not obligated to hire us to handle the claim.
Additionally, Wisconsin law provides certain exceptions for cases involving minors or individuals with disabilities, which may extend the statute of limitations or toll (pause) the time limit until the individual reaches a certain age or competency level.
Failing to file a wrongful death lawsuit within the applicable statute of limitations can have serious consequences, as it may result in the case being dismissed by the court. Therefore, it’s essential for individuals considering a wrongful death claim to consult with a knowledgeable Wisconsin wrongful death attorney as soon as possible to ensure that their legal rights are protected and that they comply with the applicable deadlines.
Filing a wrongful death claim in Wisconsin allows surviving family members to seek justice and financial compensation for the loss of their loved one. By understanding who can file a wrongful death claim and working with an experienced Wisconsin wrongful death attorney, grieving families can navigate the legal process with confidence and pursue the compensation they deserve. While no amount of money can undo the pain of losing a loved one, a successful wrongful death claim can provide some measure of closure and financial security for the future.
In Wisconsin, the right to file a wrongful death claim is granted to specific individuals based on their relationship to the deceased. The following parties may be eligible to bring a wrongful death claim:
Navigating the legal process of filing a wrongful death claim can be complex and emotionally challenging for grieving family members. An experienced Wisconsin wrongful death attorney can provide compassionate support and legal guidance throughout the legal proceedings. From investigating the circumstances of the death to negotiating with insurance companies and representing the family in court, an attorney can help ensure that the family’s rights are protected and that they receive fair compensation for their loss.
After you or a loved one has experienced the tragic loss of a family member due to another’s negligence, it’s crucial to understand that the time you have to file a wrongful death claim is limited by Wisconsin law. The Law Offices of John V. O’Connor is prepared to offer the experience you need to pursue your wrongful death claim. Contact our Wisconsin wrongful death attorney at The Law Offices of John V. O’Connor at (262) 605-8400 to receive your free consultation. Let us help you obtain the financial compensation you need for your suffering and losses.
