Questions + Answers About

Wrongful Death

How long do I have to file a claim after a wrongful death?

The statute of limitations is a time limit established by the laws of Wisconsin, and it determines how long you have to file a lawsuit. The statute of limitations varies depending on the details of your wrongful death case, so we recommend you pursue your case immediately.
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How is a wrongful death case different than a homicide case?

A wrongful death lawsuit is a civil action. This means that the case is filed by the relatives of the deceased or by the estate, on the basis that the defendant caused the victim’s death through a deliberate or negligent act. Meanwhile, homicide lawsuits are criminal cases, which means the case is filed by the state, on the basis that the defendant committed an act that is illegal in society.

Homicide is determined by intent. When an individual intentionally kills another, they are guilty of murder. While wrongful deaths can be the result of intent, they can also be due to accidents and negligent acts.
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Who can file a wrongful death case?

In Wisconsin, the surviving spouse, domestic partner, child, parent or guardian of the deceased person may bring a wrongful death case, as well as the person representative of the deceased person's estate.
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