Can You Recover Funeral Expenses in a Wrongful Death Claim?

Losing someone you love is difficult enough without having to worry about the bills that come with this unexpected heartbreak. Funeral and burial costs can add up, creating another burden for you and your family during an already overwhelming time.

In Wisconsin, reasonable funeral expenses in a wrongful death claim may be recoverable. Wisconsin law specifically allows recovery for qualifying funeral, burial, and cremation expenses.

For more help determining if you have a viable claim and potential compensation, contact an experienced and compassionate Wisconsin wrongful death lawyer for a FREE case evaluation.

Frequently Asked Questions About Wrongful Death Claims & Funeral Expenses

What Funeral & Burial Expenses Can a Wrongful Death Claim Cover?

Wisconsin law allows recovery of the “reasonable cost” of funeral expenses in a wrongful death claim (Wis. Stat. § 895.04(5)). These may include:

• A cemetery lot & reasonable costs for its care
• A grave marker or other burial monument
• A coffin or casket
• A cremation urn
• An urn vault
• An outer burial container
• Other qualifying burial-related expenses

Not every expense is automatically recoverable. What matters is whether the cost is reasonable and connected to the funeral or burial. Families should keep records of all expenses so an attorney can determine what can be included in the claim.

How Do I Document Funeral Expenses?

Good documentation can make it easier to establish what was spent and who paid or became responsible for each bill. Keep copies of:

• Funeral home invoices & contracts
• Cemetery & burial bills
• Cremation expenses
• Receipts for caskets, urns, grave markers & burial containers
• Proof of payment
• Unpaid invoices showing who is responsible for the balance

Wisconsin law permits certain funeral expenses to be recovered on behalf of the person who paid them or assumed responsibility for them. That makes it especially important to keep clear records of both the expense and the payer.

What Other Types of Damages Are Available in a Wrongful Death Suit?

Funeral expenses are typically only one part of a Wisconsin wrongful death claim. Depending on the circumstances, other recoverable damages could include:

• Financial losses, including loss of support, contributions & in some cases, inheritance (Wis. Stat. § 895.04(4), John J. Petta v. ABC Insurance Co.)
• Loss of society & companionship for certain eligible family members
• Medical expenses related to the final injury (§ 895.04(5))
• Pain & suffering before death, when recoverable through a separate survival action

The damages available depend on the specifics of your case and which family members are legally entitled to recover.

What Could Complicate My Claim?

Even when the funeral expenses are well documented, there could still be other issues that affect your wrongful death claim, including:

• Disputes over liability or multiple at-fault parties
• Challenges to expenses, like whether particular costs are “reasonable”
• Comparative negligence, which can reduce or even prevent certain damages when the deceased or a person entitled to recover is found partly negligent
• Questions about beneficiaries, including who has the legal right to recover
• Disagreements over distribution, including how a settlement should be divided

These issues can affect both the value of your claim and how compensation is distributed.

Speak With a Wisconsin Wrongful Death Lawyer for FREE

Wrongful death claims are about much more than gathering receipts. And while you and your family are mourning the loss of your loved one, you shouldn’t also have to figure out who’s responsible, keep track of losses, and determine what compensation is available under Wisconsin law. We can help.

Contact the Wisconsin car accident lawyers at Studinski Law, LLC today online or at (715) 343-2850 for a FREE case evaluation. We proudly serve all of Wisconsin, including Plover, Marshfield, Stevens Point, and other areas.