A wrongful death lawsuit is a civil legal action brought against a party who can be held legally liable for a death. Unlike a criminal case, which focuses on punishment or jail time, a civil lawsuit focuses on providing financial compensation to the survivors for their losses.

In Wisconsin, the law is very specific about who has the legal standing to file a wrongful death lawsuit. Typically, the action is brought by the personal representative of the deceased person’s estate or by certain relatives. The priority of those entitled to file and recover usually begins with the surviving spouse or domestic partner, followed by the children, and then the parents of the deceased. Because these rules are strict, it is vital to work with the experienced Herrling Clark wrongful death attorneys who can ensure the correct parties are represented.

Proving a wrongful death claim requires your personal injury lawyers to establish four key elements: (1) Duty of Care: The defendant owed the deceased a duty to act reasonably (such as following traffic laws); (2) Breach of Duty: The defendant failed in that duty; (3) Causation: This failure directly caused the death; and (4) Damages: The survivors have suffered quantifiable losses as a result.

While the estate can recover for medical and funeral expenses, the primary beneficiaries of a wrongful death lawsuit are usually the immediate family members. In Wisconsin, the law allows for the recovery of “loss of society and companionship,” which is intended to compensate for the loss of the relationship itself. This can be a complicated question and you should discuss this with your attorney so you understand the statutory framework on who can recover in those situations.

The timeline for a settlement varies significantly depending on the complexity of the case and the willingness of the insurance company to offer a fair amount. Some cases may settle in several months, while more complex litigation may require several years to resolve.

Proving emotional distress—legally referred to as “loss of society and companionship”—involves demonstrating the depth and quality of the relationship between the survivor and the deceased. This is often established through testimony from family and friends, photographs, videos, and evidence of the role the deceased played in the daily lives of their family. Wisconsin law currently places a “cap” or limit on these non-economic damages ($350,000 for an adult and $500,000 for a minor). Contact Herrling Clark Law Firm today.