Understanding Who Can File a Wrongful Death Lawsuit: A Guide for Families
Losing a loved one is an incredibly painful experience. When that loss is due to the negligent actions of another party, the emotional burden can be compounded by feelings of injustice and the need for accountability. In such circumstances, a wrongful death lawsuit can provide a pathway to seek justice and financial security for the surviving family members. However, understanding who has the legal right to file such a claim can be complex.
What is a Wrongful Death Lawsuit?
A wrongful death lawsuit is a civil action brought by the estate or certain surviving family members of a deceased person against the party or parties believed to be responsible for the individual’s death. The purpose of the lawsuit is to seek compensation for the losses suffered as a result of the death, which can include:
- Medical expenses incurred before death,
- Funeral and burial costs,
- Lost income and future earning capacity of the deceased,
- Loss of companionship, love and support, and
- Pain and suffering of the surviving family members.
Who Can File a Wrongful Death Lawsuit in Wisconsin?
Wisconsin law outlines specific categories of individuals who have the legal right to file a wrongful death lawsuit.
- The Personal Representative of the Deceased’s Estate: This is the individual appointed by the probate court to manage the deceased’s affairs. The personal representative has the primary right to bring a wrongful death action.
- Certain Family Members
- Surviving Spouse: The legal spouse of the deceased has the next priority to file a wrongful death claim.
- Lineal Heirs: If there is no surviving spouse, it goes to the next lineal heirs as outlined by the Wisconsin statute. These include children, parents, siblings or other lineal heirs
Important Considerations
- Time Limits (Statute of Limitations): There are strict time limits within which a wrongful death lawsuit must be filed. In Wisconsin, the statute of limitations for wrongful death actions is three years from the date of death. However, it is only two years if the death involved a motor vehicle.
- Dependence: While not always a strict requirement for filing, the degree of financial or emotional dependence of the surviving family members on the deceased can be a significant factor in determining the amount of damages awarded.
- Complex Family Structures: Modern families can be complex, involving remarriages, stepchildren, and other unique relationships. Navigating who has standing in these situations can be challenging, making legal counsel essential.
Why Seeking Legal Guidance is Crucial:
Determining who can file a wrongful death lawsuit and navigating the complexities of Wisconsin law can be overwhelming during an already difficult time. Consulting with an experienced wrongful death attorney at Herrling Clark Law Firm can provide you with:
- Clarity on your legal rights and options,
- Guidance on the proper procedures for filing a claim,
- Assistance in gathering necessary evidence to build a strong case, and
- Skilled negotiation with insurance companies and responsible parties.
At Herrling Clark, we understand the profound grief and sensitive nature of losing a loved one due to a wrongful death. Our dedicated attorneys are here to provide clear and compassionate guidance during this incredibly difficult time. When you are facing the unimaginable loss of a family member due to negligence or wrongdoing, we’re ready to step in as legal counsel and handle your case with the care and compassion you deserve. Contact us today.