Losing a loved one is one of the darkest times in a person’s life. When a death is caused by the actions of another, confusion, anger, and intense grief are common reactions to the situation. As family members struggle to manage the aftermath of a death, the person they think to contact is a lawyer. What many people don’t realize is that an attorney offers more than legal advice. They can be a valuable source of support, information, and resources that can help you and your family.
At Warshafsky Law Firm, our wrongful death attorneys put Mequon families first. We know that now more than ever, you need compassion, understanding, and help making sense of this tragic event and your options for protecting your family. We manage the legal and technical aspects of your situation, allowing you to focus on healing and recovery, knowing your case is in good hands.
If you are ready to discuss pursuing justice for a loved one, please contact our law firm to speak with one of our Mequon wrongful death lawyers serving Ozaukee County.
Wisconsin law defines wrongful death as a fatality caused by the negligence or misconduct of another person or entity. Much like an accident, when the careless actions of another cause an injury, or in this case, a death, the at-fault party can be held liable. Most wrongful death lawsuits involve negligence-based incidents, which can include:
Wrongful death lawsuits can also be filed in situations involving intentional acts, such as criminal offenses.
It is possible to seek compensation after the death of a loved one caused by intentional acts, such as crimes. However, there can be some confusion as to how the legal process works in these scenarios. Civil cases and criminal cases are two distinct systems that operate independently of one another.
An individual who intentionally caused the death of a family member may face criminal charges for their actions. In a criminal case, the state brings charges against an accused individual. The state must use evidence to build a case that proves “beyond a reasonable doubt” that an individual committed the act they are accused of. If an individual is found guilty, the result is a punishment that can include fines, imprisonment, or a combination of both.
Civil cases are separate and are filed by the family, not the state. These cases do not establish guilt or innocence, and the burden of proof is lower than in criminal cases. In civil court, you only need evidence that shows it is more likely than not that the actions of the at-fault party caused someone’s death. Instead of punishment, successful civil cases seek compensation for the losses caused by the liable individual.
There is often some confusion over who can file a wrongful death lawsuit following the death of a family member. In Wisconsin, only the personal representative of the deceased individual’s estate or specific family members have the power to bring a wrongful death lawsuit.
A personal representative, also known as an executor, is an individual responsible for managing the estate of a deceased person. This person is typically named in the deceased individual’s will or estate plan. Surviving family members also retain the power to file a wrongful death lawsuit. The family members allowed to pursue a wrongful death lawsuit include, in order:
Regardless of who files the lawsuit, in Wisconsin, if the deceased individual left behind a spouse or domestic partner and one or more minor children, a portion of the damages recovered must be set aside for the children’s care.
Discussing compensation is one of the most painful aspects of a wrongful death case. No dollar amount can replace the love and support of a family member. Still, in civil cases, monetary compensation is often the only way to help a family recover, even if they never feel emotionally whole.
Compensation in Mequon wrongful death cases can include money for:
Wisconsin limits the non-economic damages that a family can recover in a wrongful death lawsuit. Non-economic damages are meant to compensate for intangible losses, such as loss of companionship, care, and emotional support. Bills or receipts cannot measure that. The maximum amount for these damages is $350,000 in the case of deceased adults and $500,000 if the deceased was a minor.
In rare cases, recovery for punitive damages may be possible. These damages punish malicious intent or actions taken with intentional disregard for the well-being of others.
We’ve provided answers to some of the questions our clients ask when they first come to our office.
Yes. Wisconsin law imposes a specific time limit on wrongful death cases. Families generally have three years from the date of the individual's death to file a lawsuit. For cases involving motor vehicle accidents, the time period is two years from the date of death. Meeting these legal deadlines is critical. If you file your case after the deadline has passed, the court can dismiss your case without a hearing, regardless of its merits. Contacting a lawyer promptly helps preserve important evidence and protect your legal rights.
The answer depends on the complexity of the situation. Generally, families seeking a quick settlement may receive less compensation than those who are more assertive in negotiating or prepared to take their case to trial. An attorney can explain your options and provide a more accurate timetable. Some cases may be resolved within a matter of months, while more complex cases can take a year or more.
Yes. The loss of a loved one is a significant hardship, and focusing on legal matters during this time can be challenging. Insurers or at-fault parties may attempt to settle your case for less than you deserve. Working with a lawyer provides the protection you need from these unsavory efforts and the strategic legal representation that can manage the wrongful death process effectively. You can turn everything over to your lawyer and focus on your family.
At Warshafsky Law Firm, our wrongful death lawyers serve Mequon families with compassion and respect. We know that these types of cases aren’t about the money—they’re about justice, holding careless individuals accountable, and pursuing fair compensation so you and your family can rebuild your lives. We aren’t only known for obtaining some of the largest verdicts and settlements in Wisconsin history. We are recognized for our compassion and empathy during the darkest times.
If you have lost a loved one and want to explore your legal options, contact our law firm today. We offer a free consultation where we can review your situation and explain the next steps involved in pursuing a wrongful death case.
