What Damages Can a Family Recover in a Wrongful Death Claim?

Losing a loved one because of someone else’s negligence is one of the most painful experiences a family can endure. Along with grief and emotional upheaval, families often face unexpected financial burdens, unanswered legal questions, and the overwhelming sense that the loss simply should not have happened. A wrongful death claim cannot undo the tragedy, but it can provide financial stability and a measure of justice for the life that was taken too soon.

At Studinski Law, LLC, we help Wisconsin families navigate this difficult process with clarity, compassion, and determination. Understanding the damages available to you is an important first step. Wisconsin law provides specific rights to surviving families, and our team works to ensure those rights are fully protected. We do more so you get more.

Understanding Wrongful Death Damages in Wisconsin

In Wisconsin, wrongful death claims are generally governed by statutes that outline who may bring a claim and what compensation may be recovered. These statutes recognize that families suffer in different ways both financially and emotionally, when a loved one is taken from them due to negligence or wrongdoing.

Damages in a wrongful death claim generally fall into two categories:

1. Economic damages, which reflect measurable financial losses
2. Non-economic damages, which compensate for emotional harm and loss of companionship

Some cases also involve survival claims, which pursue compensation for the suffering the deceased experienced before passing. Each type of damage plays a role in helping families rebuild their lives.

Economic Damages

Economic damages in a wrongful death claim compensate a family for certain financial contributions the deceased would have provided had the wrongful act not occurred. These losses can be substantial, especially when a primary wage earner, caregiver, or parent is taken unexpectedly.

Medical Expenses

If the victim received medical care before their passing, families may recover the costs of treatment, hospital care, emergency transportation, and related medical bills. These expenses can be overwhelming, and the law allows families to recover them in full.

Funeral and Burial Costs

Wrongful death damages also include the reasonable costs of funeral services, burial or cremation, and any related expenses. These costs often arise suddenly and can strain a family’s finances at an already difficult time.

Lost Financial Support

This is often one of the largest components of a wrongful death claim. Families may recover income, benefits, and financial contributions the deceased would have provided over a lifetime, including:

• Wages and earning capacity
• Health insurance and retirement benefits
• Household financial support
• Contributions to savings or childcare

Calculating damages in a wrongful death claim requires careful analysis of the victim’s age, health, career trajectory, education, and expected lifetime earnings. At Studinski Law, LLC, we work with economists and financial experts to present a clear, compelling picture of the financial impact of the loss.

Loss of Household Services

Beyond wages, many individuals contribute to their families in important non-monetary ways. Household services may include childcare, home maintenance, transportation, and other daily responsibilities. Wisconsin law recognizes the value of these contributions, and families may recover compensation to replace them.

Non-Economic Damages

Wisconsin law also allows families to recover damages for the emotional and relational losses that come with the death of a loved one. These damages include:

Loss of Society and Companionship

This category reflects the emotional toll of the loss—love, guidance, support, comfort, and the relationship the family shared with the deceased. Wisconsin places caps on these damages:

• Up to $500,000 for the wrongful death of a minor
• Up to $350,000 for the wrongful death of an adult

These limits apply only to non-economic damages for loss of society and companionship. All other wrongful death damages are uncapped.

Emotional Distress for Certain Survivors

Recognized beneficiaries, such as spouses, parents, and children, may also recover damages for the emotional distress associated with the death under certain circumstances. These damages, when applicable, are not easily quantified, but they are real, lasting, and legally compensable.

Survival Claims

In addition to damages suffered by the family, Wisconsin allows recovery for harms experienced by the victim before their passing. These damages are pursued under a separate action called a survival claim.

A survival claim may include:

• Pain and suffering the deceased experienced before death
• Fear in anticipation of death
• Medical costs before passing
• Lost wages from the time of injury until death

These damages belong to the estate and are distributed according to the decedent’s will or Wisconsin’s intestacy laws.

Who Can File a Wrongful Death Claim in Wisconsin?

Under Wisconsin law, the right to file a wrongful death claim generally belongs to:

• The deceased person’s spouse
• Domestic partner
• Children
• Parents
• Guardians
• Siblings

If none of these relatives survive, the personal representative of the estate may pursue the claim.

Wisconsin law also dictates how certain damages are distributed. For example, when minor children are involved, the law ensures they receive compensation from any award.

Why a Thorough Investigation Matters

Wrongful death claims are complex, and the stakes are high. Determining damages requires much more than adding up medical bills or estimating income. It involves understanding the full impact of the loss on the entire family, both financially and emotionally.

At Studinski Law, LLC, we conduct comprehensive investigations to uncover evidence others might overlook. We work with medical experts, economic specialists, and accident reconstruction professionals to ensure every aspect of your claim is supported. The more complete the evidence, the stronger your case for full compensation.

We do more so you get more.

Talk To a Wisconsin Wrongful Death Lawyer for FREE

If you lost a loved one because of someone else’s negligence, you deserve clear answers and strong legal support. At Studinski Law, LLC, we are committed to helping Wisconsin families pursue justice, hold negligent parties accountable, and secure the compensation they need to move forward.

For a FREE, confidential consultation with a Wisconsin wrongful death attorney, call (715) 343-2850 or contact us online today. We proudly represent families throughout Marshfield, Plover, and communities across Wisconsin.