Losing a loved one is one of the hardest experiences a family can face. When that loss happens because of someone else’s careless or wrongful actions, the emotional and financial toll can feel overwhelming. In Wisconsin, families have the right to seek accountability through a wrongful death claim.
At Murphy & Prachthauser, we have spent more than 40 years helping Wisconsin families navigate these difficult moments. This guide explains how wrongful death claims work, who can file them, what compensation may be available, and how our attorneys can help.
What Is a Wrongful Death Claim in Wisconsin?
A wrongful death claim arises when a person’s death is caused by another party’s negligent or wrongful act. Wisconsin Statutes §§ 895.03 and 895.04 establish the legal right for certain family members to bring this type of claim. The goal is to hold the responsible party accountable and help surviving family members recover losses resulting from the death.
A wrongful death claim is separate from what is known as a “survival action.” A survival action involves damages the deceased person could have recovered had they lived, such as medical expenses or pain and suffering before death. The two claims may be filed together, but each serves a different purpose. A wrongful death claim focuses on the family’s losses, while a survival action addresses the losses of the deceased’s estate.
Common Causes of Wrongful Death
Wrongful death can occur in many different circumstances. Some of the most common examples include:
Each type of case has its own set of legal procedures and evidentiary needs. Regardless of the cause, the central question is whether someone’s wrongful conduct contributed to the loss.
Who Can File a Wrongful Death Claim in Wisconsin?
Under Wisconsin law, the right to file a wrongful death claim generally belongs to the deceased person’s spouse, domestic partner, children, or parents. If none of these relatives are living, the personal representative of the deceased person’s estate may bring the claim on behalf of the estate and eligible beneficiaries.
The spouse or domestic partner holds the highest priority, and in most cases, where a living spouse or domestic partner exists, they are the sole claimant. If there is no surviving spouse or domestic partner, the right to claim compensation then transfers to the deceased person’s children. If there are no children, the claim belongs to the deceased’s parents. If the parents are also deceased, the right extends to the deceased’s siblings. These statutory priorities apply in nearly all circumstances.
Every situation is unique, and determining who can file may require reviewing family relationships, estate documents, and applicable statutes.
How Damages Are Distributed
When compensation is recovered through a settlement or judgment, Wisconsin courts oversee its distribution. This process adheres to the statutory priority of claimants, ensuring the funds are allocated appropriately among the eligible family members. The court considers what is fair and reasonable under the circumstances to properly address the loss suffered by each claimant. When minor children are involved, the court may order that a portion of the recovery be placed in a trust until the child reaches 18.
Statute of Limitations & Key Deadlines for Wisconsin
Most wrongful death claims in Wisconsin must be filed within three years of the date of death, according to Wisconsin Statute § 893.54. There is an exception for motor vehicle cases, which must be filed within two years. Missing these deadlines can mean losing the right to pursue compensation. These time limits can pass quickly, especially during a period of grief.
Discovery Rule
Some cases involve circumstances where the cause of death is not immediately known. Wisconsin’s discovery rule allows the filing period to begin once the cause is discovered or reasonably should have been discovered. For example, if evidence later reveals that a product defect caused an accident, the statute of limitations may begin when that discovery is made.
Why Acting Quickly Matters
Starting the legal process soon after a loss can make a significant difference in the outcome. Key evidence, such as photographs, records, or witness statements, can become harder to locate over time. Acting quickly helps preserve this information and allows attorneys to build a more complete picture of what happened.
Murphy & Prachthauser’s team begins investigations as soon as possible. We interview witnesses, collect reports, and work with experts to ensure every detail is accounted for. Early action often leads to stronger cases and better outcomes for families.
What Compensation Is Available in a Wrongful Death Case?
Compensation in a wrongful death claim can include both financial and emotional losses. While no amount of money can replace a loved one, these recoveries can help ease the financial strain that often follows an unexpected death.
Economic Damages
Economic damages cover measurable financial losses such as:
- Medical expenses related to the fatal injury
- Funeral and burial costs
- Lost income and future earning potential
- Loss of household services or care
Non-Economic Damages (Loss of Companionship)
Wisconsin law also allows recovery for non-economic damages, which include loss of companionship, love, guidance, and comfort. These damages recognize the emotional and relational impact on surviving family members. The damage limit is $350,000 when the deceased was an adult and $500,000 when the deceased was a minor. Courts consider fairness and compassion when determining these amounts.
Survival Damages
A survival claim addresses the deceased person’s own suffering or expenses before death. The compensation is paid to the estate and may include medical costs or other losses the individual endured before passing. However, this is distinct from the family’s wrongful death claim.
A critical component of a survival claim addresses the individual’s pain and suffering between the time of injury and death. This often includes the physical agony caused by catastrophic injuries, as well as the conscious fear and terror accompanying the realization that death is imminent. These elements often represent the most significant, humanizing part of the case.
Comparative Fault
Wisconsin follows a comparative negligence rule, meaning compensation may be reduced if the deceased person was partly responsible for the incident. For example, if the court finds the deceased was 20 percent at fault, the total recovery would be reduced by 20 percent. Understanding this rule helps you set reasonable expectations for your compensation.
Proving a Wrongful Death Case
Proving a wrongful death case requires careful attention to detail and a strong understanding of Wisconsin law. Each case depends on facts, evidence, and how those details connect to the responsible party’s actions. The process can be complex, but with the right legal guidance, families can present a clear and persuasive claim that reflects both the truth of what happened and the impact of their loss.
Burden of Proof
To succeed in a wrongful death claim, the family must show that the responsible party’s negligent or wrongful act caused the death. This burden of proof requires clear, factual evidence that links the conduct to the fatal outcome. The goal is not to assign blame out of emotion but to establish accountability through evidence.
Key Evidence
Strong evidence is essential in every wrongful death case. Attorneys often use a combination of the following:
- Accident or police reports
- Witness statements
- Photographs and video footage
- Expert analysis from accident reconstructionists or financial professionals
- Medical and employment records
Defense Arguments
In some cases, the defense may argue that the deceased person was partly responsible or that another factor caused the death. There may also be disputes about the value of claimed damages. Navigating and disproving these arguments requires an experienced Wisconsin wrongful death lawyer.
Wrongful Death in Milwaukee: Local Context
Wrongful death cases can arise anywhere in Wisconsin, but local knowledge often plays an important role. Each county court follows the same state laws but may handle cases a little differently based on procedures and jury expectations. Knowing how these cases work in Milwaukee and the surrounding areas can help families feel more prepared for the legal process ahead.
Local Venues & Courts
Wrongful death cases in the Milwaukee area are often filed in the Milwaukee County Circuit Court. Our attorneys are familiar with local court procedures, judges, and jury tendencies. This local experience helps us guide clients through the process with clarity and confidence.
Common Local Scenarios
Many of these cases arise from highway collisions on I-94, workplace incidents in manufacturing zones, or accidents involving pedestrians or bicyclists. Each case requires careful attention to detail and an understanding of how local conditions can contribute to risk.
No Unique “Milwaukee Statute”
The same Wisconsin state laws apply across the state. A case filed in Milwaukee follows the same statutes and procedures as one in Madison or Green Bay. The difference lies in local experience and community understanding, both of which Murphy & Prachthauser provide.
How to File a Wrongful Death Claim (Step-by-Step)
Filing a wrongful death claim in Wisconsin involves several key steps designed to establish liability, gather evidence, and ensure compliance with all legal requirements. Each stage plays an important role in presenting a complete and accurate picture of the events that led to the loss.
Consultation & Case Review
The process typically begins with an initial consultation between the family and an attorney. During this stage, the attorney reviews available documentation, such as police reports, medical records, and insurance correspondence, to assess the strength of the claim. This step helps clarify who may be eligible to file and what legal options are available under Wisconsin law. Consultations are generally free and confidential, so families can explore their rights without financial commitment.
Investigation Phase
Once representation is established, the attorney begins a detailed investigation to gather evidence and determine liability. This may involve obtaining official reports, interviewing witnesses, analyzing financial records, and consulting with relevant experts. The goal is to develop a clear understanding of how the incident occurred and who may be responsible.
Filing & Discovery
After sufficient evidence has been collected, the attorney files a formal complaint in the appropriate Wisconsin circuit court. This initiates the legal process and officially notifies the opposing party. During discovery, both sides exchange evidence, submit written questions, and conduct depositions to clarify facts and strengthen their respective positions. The process ensures that all parties have access to the same information before trial or settlement discussions.
Settlement vs. Trial
Many wrongful death claims are resolved through negotiated settlements. Settlement discussions allow families to obtain compensation without the uncertainty of a trial. However, some cases proceed to court when liability or damages are disputed. In those instances, the court reviews evidence, hears witness testimony, and ultimately decides the outcome. Regardless of the path a case takes, preparation and thorough documentation remain essential to achieving a fair result.
Seeking Accountability & Support After a Wrongful Death
A wrongful death claim cannot undo the loss of a loved one, but it can help families find a measure of justice and financial security. These claims hold negligent parties accountable and provide essential support for those left behind. Taking timely action and seeking experienced legal guidance can make a meaningful difference in protecting the rights of surviving family members.
For more than four decades, our team at Murphy & Prachthauser has helped Wisconsin families navigate complex legal matters with care, integrity, and understanding. We know the challenges that follow a tragic loss and are committed to guiding families through each stage of the legal process with dignity and compassion.
To learn more about how Wisconsin’s wrongful death laws apply to your situation or to discuss your legal options, contact us today.
FAQs About Wisconsin Wrongful Death
1. Do I need a lawyer to file a wrongful death claim in Wisconsin?
While you’re not legally required to hire a lawyer, wrongful death cases are complex — involving statutes, insurance negotiations, and court deadlines. An experienced Wisconsin wrongful death lawyer can investigate the cause, identify eligible claimants, and protect your family’s right to full compensation under Wis. Stat. §§ 895.03 and 895.04.
2. How much does it cost to hire a wrongful death lawyer in Wisconsin?
Most Wisconsin wrongful death attorneys, including Murphy & Prachthauser, work on a contingency fee basis, meaning you pay no upfront fees. The attorney only receives a percentage of the recovery if your case succeeds. This allows families to pursue justice without financial risk during a difficult time.
3. What should I bring to my first meeting with a wrongful death lawyer?
Bring any available documents: police reports, medical or autopsy records, insurance correspondence, witness contact info, and proof of financial losses such as funeral or hospital bills. These materials help your attorney evaluate the case, preserve evidence, and determine whether a wrongful death claim can be filed.
4. How long does a wrongful death lawsuit take in Wisconsin?
The timeline depends on complexity, insurance cooperation, and court schedules. Many cases resolve within 6–18 months, though contested cases may take longer if trial is required. Your attorney will keep you updated throughout the investigation, discovery, negotiation, and settlement or trial phases.
5. Can more than one lawyer or law firm handle a Wisconsin wrongful death case?
Yes. In some cases, multiple family members hire different lawyers or firms, especially when there are disputes over who represents the estate or how damages are divided. However, coordinating through one experienced wrongful death attorney generally helps streamline the process and avoid conflicts between heirs.
6. How do Wisconsin wrongful death settlements get approved?
Settlements involving minors or multiple heirs often require court approval to ensure fairness. The court reviews the proposed distribution, attorney’s fees, and any structured payments before finalizing the settlement. Your wrongful death lawyer will prepare the documentation and represent your family during the approval process.
7. What makes Murphy & Prachthauser different from other wrongful death lawyers in Wisconsin?
Our firm has represented Wisconsin families for over 40 years, combining deep local experience with compassionate, personalized advocacy. We focus on thorough investigation, expert testimony, and open communication — helping clients throughout Milwaukee, Waukesha, and surrounding areas seek justice with dignity and care.