Those who can file a wrongful death claim include a representative of the deceased person's estate, a spouse, a domestic partner, a child of the deceased, a parent of the deceased, and a legal guardian of the deceased.
In the event that a person suffers a personal injury by a wrongful act, neglect, or malpractice so severe that it results in death, the family of the deceased can bring a wrongful death claim against the defendant in lieu of a personal injury claim. In order to win your case, you need to provide proof that the death of your loved one was caused by negligence from a third party. We will also need as much information about the incident & the deceased that you can give. If a person is killed due to a negligent driver, our trucking accident attorneys will fight for your rights and ensure you receive a proper settlement. We handle the rest at NO cost to you until after we win your case. If you’ve lost a family member due to negligence, contact the best Wisconsin wrongful death attorneys at Warshafsky Law as soon as possible so we can fight for what you deserve.
The statute of limitations in Wisconsin is different depending on the incident that caused your family member’s death.
Regardless of how much time you have, it’s imperative that you contact Warshafsky Law as soon as possible after the death has occurred. Waiting too long to seek legal counsel will result in a severe loss of evidence, which means an even greater loss in your settlement amount. The sooner you contact us, the more money we will win for you. Our 7-day checklist can help you keep track of everyone to notify immediately following a death.
No one can put a price tag on your family member’s life, but the reality is that death is expensive. From medical bills to funeral costs, a sudden and unexpected death can leave you penniless. The person responsible for the loss of your loved one should be held responsible for the cost of their death.
Compensation should not just cover monetary losses. A family member’s death is painful, and it may seem like nothing can make up for their loss. But you should still be compensated for all non-monetary damages too.
When people choose their Wisconsin personal injury lawyer based on the endorsement of a football player or actor, they risk choosing an attorney who has never won more money in a courtroom. Settlement mills forward your paperwork and take a cut of your damages. Hundreds of times we have prepared cases like yours beyond the brink of trial. Facing unlimited liability AND an expensive jury trial, insurance companies fess up what your case is worth. They HATE when you choose Warshafsky. Insurance companies know: it IS about the money.
Wisconsin State Legislature: Injury to the person. Wisconsin Statute § 893.54 (2023). Plaintiff in wrongful death action. Wisconsin Statute § 895.04. Punitive damages. Wisconsin Statute § 895.043
Krista LaFave and Victor Harding made a recovery for almost nine times more than is allowed by law! My husband was killed in an auto accident because a municipality failed to erect warning signs alerting drivers of a road closure ahead. Early on, I was told that a municipality is protected by a $50,000 cap and that was the most that could be recovered for his wrongful death. A statutory $50,000 cap enacted 35 years ago is meaningless in today’s dollars. It provides no accountability or consequences for a municipality’s gross negligence. Krista and Victor discovered a statute that rendered the $50,000 cap inapplicable in certain situations. The statute written 60 years ago had never before been tested. Through their perseverance in applying this law, I was able to recover far more than the cap. I can only pray that this result causes the municipality to change its ways.You can’t find better representation out there than can be provided by Warshafsky.
Deidra U
on 
There can be some confusion between criminal court and civil lawsuits. When someone has committed a crime, they are tried in criminal court. Regardless of the outcome in that case, it has NO bearing in what happens in a civil lawsuit. Wrongful death claims are civil lawsuits. That means that whether the person responsible for your family member’s death has been found guilty, you still have a right to file a wrongful death claim against them. Even if they don’t serve jail time for what they did, the attorneys at Warshafsky Law will make sure they pay you for what they did to your family. We can help families both in Wisconsin and nationwide.
Choose the wrongful death attorneys at Warshafsky for your lawsuit. We charge NO FEES until you receive your settlement. Contact our Milwaukee personal injury lawyers for a free consultation today.
You can file a wrongful death claim against any individual or organization who caused someone's death through negligence. Common defendants in wrongful death cases include drivers at fault in a fatal motor vehicle accidents, doctors/hospitals, nursing homes, airlines, and childcare workers/businesses. It's best to speak with a wrongful death attorney to make sure you have a valid case.
According to Wisconsin Statue §893.54, you have 3 years to sue for a wrongful death. If the cause of death was an accident involving a motor vehicle, you only have 2 years to file a wrongful death claim. If you file your claim within the legally allotted time after death, your case will be valid.
In Wisconsin, there is no limit on special damages in wrongful death cases. Representatives of the deceased can make a Wisconsin wrongful death statutory claim to seek damages for associated financial loss. Pecuniary damages may also be compensated for (medical expenses, lost financial contributions/inheritance, funeral expenses). There IS a cap on damages for loss of society and companionship - Max. $500,000 per deceased minor, Max. $350,000 per deceased adult.
In Wisconsin, it's common for wrongful death settlements to reach hundreds of thousands of dollars. Some case settlements aren't as high, some settlements reach millions of dollars. Death settlement amounts vary depending on the unique details of each case. Always consult your attorney for a more accurate estimate of what your settlement should be.
It is most common for the insurance company providing liability coverage to the person found at fault to pay the settlement. If the settlement amount is higher than the insurance policy's limit, or the individual at fault is uninsured, they are personally responsible for paying the settlement amount or jury award. Damages awarded in a wrongful death claim must also include interest calculated from the date of the victim's death.
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