Hiring a Wrongful Death Lawyer in Wisconsin
Who can bring a wrongful death claim in Wisconsin, the deadline, limits on damages, how lawyers usually charge (contingency fees), how to check a lawyer's license, and free help. We do not recommend or rank lawyers.
What a lawyer costs in Wisconsin: fee rules
| Rules on contingency fees | Under Wisconsin SCR 20:1.5(c), a contingent fee agreement must be in a writing signed by the client stating how the fee is determined, including the percentage(s) for settlement, trial or appeal; litigation and other expenses deducted from the recovery; and whether expenses are deducted before or after the fee is calculated, and clearly notifying the client of expenses owed whether or not the client prevails. At the end, the lawyer must give a written statement of the outcome and, if there is a recovery, the remittance and how it was determined. SCR 20:1.5(d) bars contingent fees in any action affecting the family (including divorce, legal separation, annulment, paternity, support and maintenance, custody and placement, property division, termination of parental rights and adoption), except to collect past-due support, maintenance or property division, and for representing a defendant in a criminal case or any proceeding that could result in deprivation of liberty. Source: Wis. SCR 20:1.5(c)-(d) |
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| If you disagree with a lawyer's bill | The State Bar of Wisconsin's Fee Arbitration Program may be available when you and your lawyer disagree about the amount charged for legal representation, including costs or expenses. The panel's decision is final and binding, subject only to appeal rights under Chapter 788 of the Wisconsin Statutes; having a lawyer at the hearing is optional. A nonrefundable application fee of $35 to $150 per party applies. Contact feearb@wisbar.org; the Office of Lawyer Regulation does not handle fee disputes. |
| If a lawyer takes your money | The Wisconsin Lawyers' Fund for Client Protection, administered through the State Bar of Wisconsin, may reimburse clients who suffered financial loss due to the dishonest conduct of their attorney, up to the Fund's maximum amount. The committee meets three times a year and sets application deadlines for each meeting. File through the State Bar's File a Claim page; an informational brochure is available in English, Spanish and Hmong. Contact WLFCP@wisbar.org. |
Wisconsin rules to know first
| Who can sue | The personal representative, or the person to whom the recovery belongs, may bring the action. The recovery belongs to the surviving spouse or domestic partner (with up to 50% possibly set aside by the court for minor children the person supported); if none, to the lineal heirs; if none, to the brothers and sisters. Besides pecuniary damages, the spouse, children, parents, or minor siblings may recover for loss of society and companionship up to $500,000 per occurrence for the death of a minor or $350,000 for the death of an adult. Settlements involving minor children must be court-approved. Source: Wis. Stat. § 895.04 |
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| Deadline to file | Three years for an action for death caused by the wrongful act, neglect or default of another. If the death arose from a motor vehicle accident, the deadline is two years after the cause of action accrues. Official annotations to § 893.54 note that wrongful death claims based on medical malpractice follow the malpractice limitation period in § 893.55. Source: Wis. Stat. § 893.54(1m)(b), (2m) |
| Damage caps | No general cap on compensatory damages in ordinary personal injury cases was found. Wisconsin caps noneconomic damages in medical malpractice cases, loss-of-society damages in wrongful death cases ($500,000 for a minor, $350,000 for an adult), punitive damages, and damages against governments. |
Find and check a lawyer
| Lawyer referral service | The State Bar of Wisconsin's Lawyer Referral Service (LRS) connects the public with a trained legal assistant (not legal advice) who assesses your situation and points you to the most appropriate resource; if you need an attorney, LRS refers you to one in your area interested in your type of legal issue. Referred attorneys agree to charge no more than $20 for the first 30-minute consultation; regular fees apply after that. Phone: (800) 362-9082. |
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| Check that the lawyer is licensed | The Wisconsin Court System's Lawyer Status and History site lets the public search Wisconsin lawyers by name, State Bar number, law firm, city, state, law school or graduation year; the Office of Lawyer Regulation lists it for lawyer status and history. |
| Check discipline history or file a complaint | Grievances against Wisconsin lawyers go to the Supreme Court's Office of Lawyer Regulation (OLR). File by phone at (608) 267-7274 or (877) 315-6941, option 1 (not available to incarcerated persons); by mailing a letter or the LR-004 grievance form to Office of Lawyer Regulation, P.O. Box 1648, Madison, WI 53701-1648; or by emailing the form and documents to olr.intake@wicourts.gov. Grievances are against individual attorneys, not firms. OLR's preliminary evaluation may forward the matter, resolve a minor dispute, close it, or refer it for investigation, diversion or a consent reprimand; investigated matters can go to the Preliminary Review Committee, which can authorize a complaint in the Supreme Court. Some cases take 30 to 90 days, complex ones one to two years. You generally cannot learn whether grievances were filed, but OLR will disclose public discipline and formal complaints filed with the Supreme Court. |
Free legal help
| Free legal aid | Legal Action of Wisconsin provides free civil legal help to people who qualify. Apply online or call (855) 947-2529 (about 20 minutes); intake asks about income, assets, household size and the legal issue, applying does not guarantee services, and people who are not accepted get referrals to other resources. The Wisconsin courts' Self-Help Law Center offers forms and information for people representing themselves (not legal advice). LSC lists Legal Action of Wisconsin as its Wisconsin grantee. Self-Help Law Center: https://www.wicourts.gov/services/public/selfhelp/index.htm; LSC grantee list: https://www.lsc.gov/about-lsc/our-grantees |
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.