Can Multiple Family Members Recover Damages in a Wrongful Death Lawsuit?

Multiple family members can recover damages in a wrongful death lawsuit in some (but not all) cases.

Under Wisconsin law, the family members who are eligible to recover damages are determined based on which family members survive the victim’s passing and where they fall in the statutory order. While the victim’s minor children and spouse or domestic partner are first in line to receive compensation, other family members can receive compensation in certain circumstances. 

Families that have lost loved ones too soon have clear legal rights in Wisconsin. Grieving families can file wrongful death lawsuits on various grounds, and they can seek to hold all at-fault parties duly accountable for their loved one’s untimely passing.

Seeking accountability involves pursuing a claim for damages. In Wisconsin, the specific family members who are eligible to recover damages vary from case to case.

If you have lost a loved one in a fatal accident, you may be eligible to recover damages. To ensure that you make an informed decision about asserting your legal rights, you should consult with an experienced wrongful death lawyer promptly. 

Determining Which Family Member(s) Are Eligible to Recover Damages in a Wisconsin Wrongful Death Lawsuit 

The family members who are eligible to recover damages in a wrongful death case are determined by Section 895.04(2) of the Wisconsin Statutes. The general rules are as follows:

• Surviving Spouse or Domestic Partner and Minor Children – The victim’s minor children are entitled to receive up to 50% of the damages recovered, with the remaining damages being paid to the victim’s spouse or domestic partner. 
• Surviving Spouse or Domestic Partner and No Minor Children – The victim’s spouse or domestic partner is entitled to receive 100% of the damages recovered. 
• No Surviving Spouse, Domestic Partner, or Minor Children – The victim’s lineal heirs (as determined by § 852.01) are first in line to receive compensation, followed by the victim’s siblings (under specific circumstances) if no lineal heirs are alive at the time of the victim’s death.

If any minor children are eligible to receive damages in a wrongful death lawsuit, the court handling the case will determine an appropriate amount to be set aside “for the protection of such children.” In doing so, the court will consider the children’s respective ages, the total damages recovered, and any other relevant factors under the circumstances at hand. 

Importantly, the decedent’s estate may also have a survival claim in some cases. A survival action is separate from a wrongful death lawsuit and can provide compensation for certain damages the deceased suffered before death.  

Determining Which Family Member(s) Should File a Wrongful Death Lawsuit 

When pursuing a wrongful death case in Wisconsin, one of the first steps is to determine who should file a lawsuit in court. § 895.04(1) of the Wisconsin Statutes provides that, “[a]n action for wrongful death may be brought by the personal representative of the deceased . . . or by the person to whom the amount recovered belongs.” 

This means that in most (but not all) cases, a wrongful death claim can be filed by the victim’s personal representative, spouse, or domestic partner.

If the victim prepared an estate plan, they may name someone to serve as personal representative, subject to appointment through the probate process. If multiple individuals file wrongful death lawsuits, the court may consolidate the lawsuits into a single action, or it may dismiss all lawsuits except for the one filed by the victim’s personal representative.

It’s important to understand that the person who files the lawsuit isn’t necessarily the person who ultimately receives the recovery.

Filing a Wrongful Death Lawsuit in Wisconsin 

Pursuing damages through a wrongful death claim is a complex, multi-step process that starts with gathering evidence of liability. In order to file a lawsuit, you need to know who (or what company) should be held accountable. You also need to know how much financial compensation to seek in your lawsuit, and this requires various forms of evidence as well. 

Once you hire a wrongful death lawyer to represent you, they will be able to take all necessary and appropriate steps on your behalf. Most wrongful death attorneys (including ours) represent family members on a contingency-fee basis, which means it costs nothing out-of-pocket to seek experienced legal representation. 

Schedule a Free Initial Consultation with a Plover, WI Wrongful Death Lawyer Today

If you need to know more about your legal rights after losing a spouse, parent, or another close family member in a fatal accident in Wisconsin, we strongly encourage you to get in touch. 

Contact a Wisconsin wrongful death attorney 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. We do more so you get more.