When another person’s recklessness or negligence was what caused death to your loved one, you may have a wrongful death case. Deaths in motor vehicle accidents, bicycle accidents, motorcycle accidents, defective vehicles, animal bites, and medical malpractices are just a few examples of where a wrongful death case may apply. When you are uncertain if your situation merits filing a wrongful death claim, a Beloit wrongful death attorney can provide you with clarification and guidance.
Who Can File A Wrongful Death Claim In Wisconsin?
In the state of Wisconsin, any of the following may file on behalf of a loved one:
- Surviving spouse
- Domestic partner
- Guardian of the deceased
- The personal representative of the deceased estate
There is a three-year statute of limitations in the state from the date of the death for any qualified parties to file a claim. You and your Wisconsin wrongful death attorney will determine the amount of compensation you are seeking. There are no limits set on the damages you are looking to recover in the state. Damages may include:
- Medical expenses
- A lost inheritance or financial contributions
- Lost companionship up to $50,000 when a child has lost their life and up to $350,000 when an adult has lost their life
- Final expenses
Survival claims may be pursued after your loved one has died. These claims are different than wrongful death claims most notably because the settlement will go to the estate of the deceased rather than the individual who is filing the claim.
Some states will allow the families of the deceased to pursue additional monies in the form of punitive damages when the accident was extreme. These damages are added to the total value of the settlement. Even if the accident was horrific and the pain and suffering were above and beyond for the victim, the state of Wisconsin does not recognize punitive damages as a part of a settlement.
How Can You File A Wrongful Death Claim In Wisconsin?
The first thing you should do is speak with the Wisconsin and Illinois wrongful death accident attorneys at the Alexander J. Smith Law Offices. We can be reached at (608) 237-7035 for residents of Wisconsin or (815) 243-9686 for residents of Illinois to set up your free consultation.
We will help you file your claim within the statute of limitations. The sooner we can examine the details of your case the sooner we can get to work. Wrongful death claims can take years to come to their completion so when you are thinking about filing one, the sooner the better. We will look at a variety of factors to determine a fair settlement amount including:
- The aged of your deceased loved one
- Their earning capacity
- Their health before death
- Their income when they died
- Funeral expenses
- Medical bills from the accident
- Their education and background
- Funeral costs
- Benefits such as a retirement plan and insurance
At the Alexander J. Smith Law Offices, we care about helping you receive full legal justice after a tragedy.