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7 things you MUST know about wrongful death lawsuits in Wisconsin

Some family members and representatives are eligible to sue for a wrongful death in Wisconsin.

The time you have to file a wrongful death claim in the state of Wisconsin.

How much you can sue for in a wrongful death lawsuit in Wisconsin.

Typical wrongful death settlements range from 6 to 7 figures.

The steps you need to take to sue for a wrongful death lawsuit in Wisconsin.

Wrongful death lawsuits can take time, but the payoff is worth the wait with the right representation.

An online calculator can't account for the quality of your legal representation.

Losing a family member is never easy, especially in cases where negligence is involved. If your loved has been killed in a fatal accident caused by negligence you may have the right to file a wrongful death claim.

What constitutes a wrongful death?

A wrongful death is defined as any fatality caused by another party’s actions or negligence. It may include examples such as motor vehicle accident, bicycle accidents caused by another driver, dangerous roadway or defective vehicles, medical malpractice, motorcycle crashes, animal bites and abuse. If you have a loved one who has died to due to negligence and are eligible to file a suit, here's everything you need to know before making a claim.

How to File a Wrongful Death Lawsuit in Wisconsin
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Take these crucial steps to get compensated for a wrongful death lawsuit in Wisconsin.

1. Who is eligible to sue for a wrongful death

Who can sue for a wrongful death lawsuit in Wisconsin?

According to the Wrongful Death Statute of Wisconsin, the following family members are eligible to file a wrongful death suit on behalf of the deceased:

  • A surviving spouse
  • Domestic partner
  • Child
  • Parent
  • Guardian of the deceased

Additionally, a personal representative of the estate also has permission to file a wrongful death lawsuit.


Can a sibling sue for wrongful death?

According to Wisconsin Statute §895.04, the deceased’s brothers and sisters may be entitled to recover damages in a wrongful death lawsuit if the deceased leaves no surviving spouse, domestic partner, minor children or lineal heirs.

2. How long you have to file a wrongful death claim

What is the statue of limitations to sue for a wrongful death in Wisconsin?

You have three years to sue for a wrongful death in the state of Wisconsin. As long as you file your claim with the state within three years of the death in question your case will be valid.

3. How much you can sue for a wrongful death

Is there a damages cap on wrongful death lawsuits in Wisconsin?

Wisconsin wrongful death law
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Get a free case assessment to learn how Wisconsin law affects your wrongful death case.

No. Wisconsin law puts no limit on the damages in a wrongful death case. As a representative of the deceased you may make what’s called a Wisconsin wrongful death statutory claim to seek damages for financial losses associated with the negligent death.

Damages in a wrongful death claim may include compensation for:

  • Medical expenses
  • Lost financial contributions and/or inheritance
  • Loss of companionship/society – up to $500,000 for a deceased minor & up to $350,000 for a deceased adult
  • Funeral/burial expenses

Wrongful death vs survival action in Wisconsin

A survival action is a different type of lawsuit from a wrongful death action. A wrongful death lawsuit seeks damages on behalf of close family members of the deceased. A survival action seeks damages the deceased person was entitled to before they died, including damages for conscious pain and suffering.

The most important difference between a wrongful death claim and a survival action (or survivorship claim) is that damages in a survival action are paid to the deceased person's estate, rather than to the family members bringing the claim.

Wisconsin Statute §895.01 specifies the types of survival claims recognized in our state. If you believe you have a wrongful death and/or survival action case, contact our law firm for a completely free assessment to learn more about your options.

Punitive damages are not available in wrongful death cases in Wisconsin

Punitive damages meaning above and beyond standard compensation for pain and suffering in order to punish a defendant. These kinds of actions are not permissible in Wisconsin courts.

If you have lost a loved one in a tragic accident and are thinking about filing a wrongful death lawsuit, there is help available. Take action. We can be a tremendous help to your financial well-being after a tragedy.

How are wrongful death settlements paid out?

In most cases, wrongful death settlements are paid by the insurance company providing liability coverage for the person deemed at fault. If the settlement amount surpasses the insurance provider's policy limit, or if the at-fault individual is under or uninsured, then they are personally responsible for the settlement amount or jury award.

Compensatory damages (as opposed to punitive, which may be) are not taxable, according to the IRS.

4. The average wrongful death settlement amount in Wisconsin

Wrongful death settlements in Wisconsin won by personal injury attorney Steve Caya

We’ve helped many Wisconsin victims get the compensation they deserve after a senseless tragedy. The average settlement for a wrongful death case is very high due to the severity of the cases, many cases wind up in the hundreds of thousands or even millions. Not everyone is eager to share their story about their wrongful death lawsuit, but here are a few examples of settlements wrongful death lawyer Steve Caya attained for victims in the past:


$250,000 for wrongful death of a mother in a car accident

Attorney Steve Caya secured this settlement for the minor children of a woman killed in a motor vehicle accident.

$225,000 for death as a result of a defective balcony

This settlement was secured for the family of a 69 year old man who was killed after falling from a defective balcony.

$200,000 statutory maximum for a wrongful death

A young man was killed transporting logs for a lumberyard - attorney Steve Caya secured this settlement for his wife.

$450,000 for death in a motorcycle accident

Even though the victim was intoxicated at the time of the accident, Steve Caya was able to recover a six-figure wrongful death settlement.

Debra MorovitsFive stars

Steve Caya was my Lawyer when my husband died from injuries incurred from an accident. Steve's professionalism, compassion for his job and my well being was apparent from the minute he walked in my door. I was kept well informed at all times with the progress being made. He diligently focused towards the best settlement outcome for my family . I would and have recommended him to others and respect and acknowledge his expertise as a Lawyer and consider him a life long friend. My husband would have liked him.

Read more reviews

5. How to file a wrongful death lawsuit in the state of Wisconsin

  1. Find an experienced wrongful death attorney. 
    Losing a loved one is a difficult and emotional experience for any family member. Hiring a wrongful death law attorney will alleviate some of the additional stress of filing a lawsuit and instead focus on the grieving process. An experienced wrongful death attorney can lead you through legal procedures and help you to file the lawsuit within the appropriate time frame.
  2. File the lawsuit within the statute of limitations.
    When filing a wrongful death lawsuit, it is important to act quickly. In Wisconsin, wrongful death lawsuits must be filed within three years of the victim’s death. Individuals who wait too long to file a suit run the risk of having their case dismissed. With this in mind, it is critical that you contact an attorney well before the three-year time limit is over so that the attorney has enough time to conduct an investigation and gather evidence to establish the case in court.
  3. File a complaint with the state court.
    A wrongful death lawsuit formally begins once a complaint is filed with the state court. When drafting a complaint, it is important to be specific and discuss all the important details required to establish a wrongful death claim. It is also important that the complaint outlines all the damages, or compensation options, that you may be entitled to as a result of the wrongful death. An experienced personal injury attorney can help you file a complaint without any cost to you.
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6. How long it takes to settle a wrongful death lawsuit

Wrongful death lawsuits take 1 to 3+ years to settle. Be wary of those who promise less—insurance companies rely on settlement mill lawyers to unquestioningly accept the first offer. Invest in the time + expertise to get what’s yours.

How Long it Takes to Settle a Wrongful Death Lawsuit Wisconsin
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The biggest factor in the time it takes to settle & the settlement amount is how much insurance companies fear your lawyer.

Hint: if someone’s promising a quick turnaround on getting you a settlement they won’t be getting you the compensation you deserve.

The time the lawsuit takes to settle (and the amount of your settlement) is dictated by the quality of your representation. Insurance companies make offers based on the strength of your legal counsel. Teaming up with an A+ attorney make lengthen the time it takes to get compensated, but the return on that time investment is well worth it.

Lawyer up with one of the best attorneys in the state of Wisconsin and put yourself in the best position to maximize your compensation.

7. There is no online settlement calculator for wrongful death cases

Don’t bother filling out an online form promising you an accurate estimate on your compensation in a wrongful death case. Every case is different and the complexities of your wrongful death lawsuit are well beyond the scope of some generalized formula.

Putting value on a life is tremendously challenging and imperfect. Many factors are in play in coming up with a settlement amount:

  • Age of the deceased
  • Their earning capacity
  • Their state of health & income at the time of death
  • Their education and skills
  • Funeral expenses
  • Medical bills
  • Value of benefits lost – retirement savings, insurance, etc.
  • …and most importantly, the quality of your legal representation


Learn more about how you can file a suit and receive the compensation you deserve by contacting personal injury lawyer Steve Caya today. There is no up-front fee and you need one of the best lawyers in the state get involved in your case.