It can be overwhelming to have a loved one die due to the negligence of another person or company. Along with great pain and anguish, you and your family may find yourselves in a difficult financial situation after the unexpected death of a spouse, parent, or child. Wrongful death damages can help your family during this time of need. You need an experienced Wisconsin lawyer to help you through the process of seeking damages from those responsible for the untimely death of your loved one.
Wrongful death actions can be initiated by either close survivors of the deceased. Contact Studinski Law, LLC, today to speak with a lawyer about damages in your wrongful death case. With offices in Plover and Marshfield, we serve grieving clients throughout Wisconsin, including Wisconsin Rapids, Stevens Point, and Waupaca. Call us at (715) 343-2850.
Damages and Limits for Wrongful Death
When seeking damages in a wrongful death action, you must be prepared to show the court your specific quantifiable losses, called pecuniary damages, and non-pecuniary damages for things such as pain and suffering and loss of companionship. You and your loved ones may be able to recover for many things, including:
- Funeral Expenses
Funerals can be costly, and an unexpected death can cause immediate financial stress on a family as they plan a funeral.
- Loss of Companionship
The family of the deceased can recover damages for the social loss that can devastate those who survive the untimely death of a loved one. In seeking these damages, we will show how the family has lost a caring partner, nurturing parent, or a loving homemaker.
- Loss of Income
Damages can be recovered for the loss of the income, medical benefits, and retirement benefits of the deceased. The sum of these damages is calculated by the person’s income, earning capacity, and age at the time of death.
- Loss of Inheritance
These damages consider the fact that the deceased person’s estate is smaller than it would have been had they lived longer.
Wisconsin law does not place any limits on pecuniary damages that you can recover for quantifiable losses that can be specifically proven. Among other things, this would include things such as funeral costs, loss of income, and loss of inheritance. However, state law does limit what you can recover for non-pecuniary damages such as loss of society and companionship. The limits on non-pecuniary (sometimes called non-economic) damages for wrongful death are the following:
- $350,000 for the loss of society and companionship if the deceased loved one was an adult
- $500,000 for the loss of society and companionship if the deceased loved one was a child
Seeking Damages in Survival Actions
In addition to helping you recover in a wrongful death suit, Studinski Law, LLC, can help you file a survival action to seek damages for injuries suffered by your loved one before their death. Survival actions are suits where the living relative sues on behalf of the deceased for injuries that the deceased could have sued for, but did not due to their death before being able to take action to recover damages. You may be able to recover damages for expenses that your loved one incurred due to the negligence of others before their death. Additionally, you can also recover for non-pecuniary damages for things such as pain and suffering.
A survival action can be filed at the same time as a wrongful death lawsuit, and it will allow for you to recover on behalf of your deceased loved one. In these cases, we can help you recover for the following:
- Medical Expenses
- Wage Loss
- Pain and Suffering
- Emotional Distress and Mental Anguish
- Property Damage
A Lawyer Can Help Your Recover Wrongful Death Damages
You and your family can be devastated by the untimely death of a loved one. However, due to Wisconsin’s statute of limitations law, it is important that you seek a wrongful death attorney as soon as possible if you would like to recover compensation from the negligent or responsible party. This law generally requires you to file a wrongful death suit within three years of the injury that caused the death, or three years from when the injury could have reasonably been discovered. One exception to the three-year statute of limitations for wrongful death involves wrongful death arising out of a motor vehicle wreck, in which case the statute of limitations may be reduced two years, depending upon the date of the wreck. We suggest that you consult with counsel immediately for a specific analysis of the statute of limitations in your case. This law can be subject to much debate in your case, and therefore it is very important to give your attorney as much time as possible as you seek damages for wrongful death.
Our wrongful death attorneys have helped many families during this difficult time, and we will use our knowledge and experience to recover damages for you after the wrongful death of a loved one. We serve clients in Wood County, Portage County, Waupaca County, Marathon County, and surrounding areas.
Contact Studinski Law, LLC, to speak with a wrongful death attorney about your case. Call us today at (715) 343-2850.