Can I File a Wrongful Death Suit?

The unexpected loss of a loved one due to someone else’s negligence can be one of the most devastating experiences a family can endure. In addition to the emotional cost of losing someone dear, you may face a number of financial hardships, especially if the deceased was a primary earner for your family. You may be worried about how you’ll manage your daily expenses or pay for the medical bills and burial costs of your lost family member.

While no financial compensation can make up for such an immeasurable loss, damages in a wrongful death claim can provide you with the ability to manage unexpected economic hardships and provide a sense of justice for you and your family.

The experienced wrongful death attorneys at Studinski Law, LLC understand what a confusing and difficult time this may be for you and your family. We are committed to helping relieve your burdens so you can focus on healing and moving forward.

Who Can File for Wrongful Death in Wisconsin?

According to Wisconsin law, a wrongful death suit may be filed by immediate survivors of the deceased, such as a:

• Spouse or domestic partner
• Child
• Parent or guardian

Regardless of who files a wrongful death lawsuit, the court will allocate some of the award to the dependents of the deceased, which may include those listed above. When a victim has children under the age of 18 at the time of their passing, the court will work to ensure that those children have access to the funds they need in the absence of the parent. When determining the amount of financial award to set aside, the court considers factors such as the child’s age and needs, in addition to the surviving parent’s ability to provide for the child.

What Damages Are Available in a Wrongful Death Claim?

The loss of a family member can create significant emotional and financial challenges for those left behind. In addition to immediate funeral and burial expenses, the loss of the deceased’s income can pose long-term threats to the financial stability and security of their surviving family.

Depending on the unique details of your case, you may be eligible to pursue damages for:

• Medical bills
• Funeral expenses
• Loss of financial contributions
• Loss of inheritance
• Loss of companionship

Insurance companies often attempt to settle these cases for far less than they are truly worth. It is important to have the knowledge and skill of an experienced wrongful death lawyer on your side to protect your rights and your family’s best interests. At Studinski Law, LLC, our attorneys understand the complexities of these difficult cases and are prepared to fight for the full and fair compensation to which you may be entitled under the law.

How Is Compensation Calculated in a Wrongful Death Case?

In wrongful death cases, there are two types of damages:

• Pecuniary damages: These are the monetary losses that are quantifiable, such as lost wages, medical expenses, and other related costs. These losses can be proven with receipts and other documentation.
• Non-pecuniary damages: These involve damages such as loss of love, loss of companionship, loss of society, and other related losses. Expert witnesses are used to show the amount of distress that the loss of a loved one has caused. 

Proving damages in a wrongful death case can be complicated, and requires the knowledge, skill, and resources of an experienced attorney. The lawyers at Studinski Law, LLC have extensive experience in these complex cases. We are committed to helping you and your family pursue the maximum compensation you deserve for your considerable loss.

What Is the Statute of Limitations for a Wrongful Death Suit in Wisconsin?

Wrongful death lawsuits must generally be filed within three years of when the injury that caused the death occurred, or when the injury could have reasonably been identified. However, if the injury that caused the death involved a car accident, the statute of limitations is only two years.

In cases where the deceased’s death did not occur instantly, the statute of limitations can become a contentious issue. Regardless of whether someone’s death was instant or prolonged, a wrongful death case can be dismissed if it is not filed within the statute of limitations. Because of this, it is imperative that you contact a wrongful death attorney as quickly as possible to discuss the merits of your case and the legal options available to you.

Contact a Wrongful Death Attorney In Wisconsin Today

The wrongful death attorneys at Studinski Law, LLC know what a difficult time this is for you and your family. We can take the additional strain out of a legal action by dealing with the insurance company and responsible parties on your behalf. 

Our compassionate lawyers will listen to your concerns and give you honest feedback about your rights and legal options. We will work closely with you to develop a strategy based on your unique input and needs.

See our results.

If you’ve lost a family member because of another person’s negligence, call Studinski Law, LLC today at (715) 343-2850 for a free, no-obligation consultation. We have offices in Plover and Marshfield and serve the entire state of Wisconsin.