Understanding Wrongful Death Cases in Waukesha, WI
A wrongful death claim or lawsuit is a legal action taken against a party responsible for a person’s death due to negligence, misconduct, or wrongdoing. There are various reasons for a wrongful death including medical malpractice, slip and fall accident, auto accident, and criminal acts.
The legal complaint can be initiated by the surviving family members or the personal representative from the deceased’s estate. Family members that receive compensation from a wrongful death claim include the spouse, domestic partner, children, grandchildren, parents, grandparents, and siblings.
The damages available in wrongful death cases in Waukesha include economic damages, such as medical bills, funeral expenses, and lost income, and non-economic damages, such as loss of companionship, mental distress, pain, and suffering.
The total amount of the damages can vary depending on several factors including the age, earning capacity, and health of the deceased. The share of liability can also play a key role in wrongful death claims, as the defendant will try to deflect liability and minimize their payout. You will need to gather strong evidence, such as expert testimony, to support your case.
Statute of Limitations for Wrongful Death Cases
The statute of limitations for wrongful death cases in Wisconsin is three years. However, if the death involved a car crash, then the statute of limitations is two years from the date of the accident. If you miss this deadline, you lose your rights to recover compensatory damages for your losses. This is why we urge our clients to move their claim forward as soon as possible.
