How Are Wrongful Death Damages Calculated in Wisconsin?

If you have lost a spouse, child, parent, or another close family member in a fatal accident, no legal proceeding can truly provide a “just” outcome. While seeing the at-fault party held accountable can provide some semblance of closure, the reality is that your family is facing an immeasurable—and irrecoverable—loss.

Recognizing that this is the case, monetary compensation, referred to as “damages,” is the best our legal system has to offer. Grieving families can file wrongful death claims on various grounds; and, by filing wrongful death claims, eligible family members can seek compensation for the financial and non-financial consequences of their loved one’s untimely passing. 

Wrongful Death Claims and Survival Actions: Two Separate Grounds for Seeking Damages 

In Wisconsin, grieving families are often entitled to file two different types of claims after a fatal accident resulting from an individual’s or company’s negligence. A wrongful death claim seeks compensation for the family’s financial and non-financial losses resulting from their loved one’s death. In contrast, a survival action seeks compensation for the victim’s financial and non-financial losses prior to death.

Here is a look at what is involved in calculating wrongful death damages in both types of cases: 

Calculating Damages in Wrongful Death Claims

As we just mentioned, filing a wrongful death claim involves seeking compensation for eligible family members’ losses resulting from a loved one’s untimely passing. While fatal accidents impact different family members in different ways, and the specific categories of available damages differ from case to case, the types of wrongful death damages that are generally available include:

• Funeral Expenses and Other Out-of-Pocket Costs – Comparatively speaking, calculating these wrongful death damages is relatively straightforward. If your family has already incurred funeral expenses and other out-of-pocket costs, you can seek reimbursement for the costs your family has actually incurred to date. If your family will incur these costs in the future, your family’s lawyer can assist with estimating the funds your family will need. 
• Loss of the Victim’s Future Earnings – Calculating a fatal accident victim’s lost future earnings involves looking at his or her income and employment history prior to death. This information is used to forecast the victim’s lifetime earnings through retirement age. 
• Loss of Society and Companionship – Calculating compensation for eligible family members’ loss of society and companionship involves understanding how the victim’s death impacts each family member’s life individually. There are established methods for calculating these wrongful death damages on a case-by-case basis. 

Under Wisconsin law, there is no cap on the wrongful death damages that families can recover for out-of-pocket costs and lost earnings. However, compensation for non-financial losses is capped at $350,000 if the victim was an adult and $500,000 if the victim was a child.

Calculating Damages in Survival Actions

If a fatal accident victim survives for any length of time, no matter how short, after the accident, he or she may incur various financial and non-financial losses. Eligible family members can seek to recover damages for these losses through a survival action. The types of damages that are generally available in survival actions include:

• Medical Expenses and Other Out-of-Pocket Costs – Calculating these damages involves adding up the financial costs incurred (paid or unpaid) prior to death. 
• Lost Income and Benefits – Similarly, calculating these damages involves adding up the value of the victim’s lost earnings prior to death. 
• Conscious Physical Pain and Suffering – Determining what constitutes “just” compensation for the pain and suffering caused by severe traumatic injuries involves looking at the nature and severity of these injuries and their effects on the victim before his or her passing. 
• Emotional Distress, Mental Anguish, and Other Non-Financial Losses – Likewise, calculating damages for fear in anticipation of death, emotional distress, mental anguish, and other non-financial losses suffered prior to death involves looking at how the accident impacted the last days or moments of the victim’s life.

In some cases, families can seek punitive damages in their survival actions as well. When a claim for punitive damages is warranted, these damages are calculated based on the egregiousness of the at-fault party’s conduct, among other relevant factors. 

Speak with a Wisconsin Wrongful Death Lawyer for FREE

At Studinski Law, LLC, we understand how devastating the loss of a loved one can be; especially when the loss was a preventable result of negligence. While no amount of compensation can make up for your immeasurable loss, it may help you and your family avoid undo financial burdens during this difficult time. If you need to know more about how wrongful death damages are calculated under Wisconsin law, we strongly encourage you to get in touch. 

Contact Studinski Law, LLC today online or at (715) 343-2850 for a FREE case evaluation. We serve clients in Plover, Marshfield, and other Wisconsin areas.