Wrongful Death Lawsuits in Wisconsin
Who can bring a wrongful death claim in Wisconsin, the deadline to file, and any limits on damages.
Short answer: 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); Wis. Stat. § 895.04
| Who can sue for wrongful death | 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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| Wrongful death deadline | 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. |
More Wisconsin personal injury & wrongful death
- Deadlines to File an Injury Lawsuit in Wisconsin
- Medical Malpractice Rules in Wisconsin
- Car Accident Claims in Wisconsin
- Dog Bite Liability in Wisconsin
- Slip, Trip and Fall Injuries in Wisconsin
- Sidewalk and Public Property Falls in Wisconsin
- Motorcycle Accident Claims in Wisconsin
- Pedestrian Accident Claims in Wisconsin
- Bicycle Accident Claims in Wisconsin
- Uber and Lyft Accident Claims in Wisconsin
- Truck Accident Claims in Wisconsin
- Construction Site Injuries in Wisconsin
- All Wisconsin personal injury & wrongful death rules
FAQ
Who can file a wrongful death lawsuit in Wisconsin?
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.
How long do you have to file a wrongful death lawsuit in Wisconsin?
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.
Does Wisconsin cap damages in personal injury cases?
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.
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.