What Is a Wrongful Death Lawsuit?
If a person dies because of someone else’s negligence, wrongdoing, or criminal act the surviving family members or the estate can bring a wrongful death claim or lawsuit against the at-fault party. For example, it could be a wrongful death case if a person dies as a result of medical malpractice or in an auto accident caused by a negligent driver.
Who May Bring a Wrongful Death Lawsuit?
Wisconsin law dictates who can file a wrongful death lawsuit. Generally, the personal representative of the deceased person’s estate is the one who files a wrongful death lawsuit on behalf of the surviving family members. Wisconsin statute 895.04 states that “the action may be brought by the personal representative of the deceased.” The personal representative is sometimes named in the deceased’s will. However, if there is no will, then the personal representative is appointed by the court. The person is typically a close family member of the deceased.
Based on the wrongful death statutes in Wisconsin, the deceased person’s surviving spouse, parents, children, and siblings (if they were under the age of 18 at the time of the wrongful death) are eligible to file a wrongful death lawsuit. In some circumstances parents of adult children can assert a claim. It can often be complex to determine who can bring a lawsuit, so it is best to consult with wrongful death attorneys in Eau Claire, WI.