If you have lost a loved one due to someone else’s negligence in Wisconsin, understanding your legal rights is a critical first step toward justice. This guide covers Wisconsin’s wrongful death laws, profiles three law firms that handle these cases, and answers the most important questions families face.
Introduction
Losing a family member due to another party’s negligence is devastating. Wisconsin’s wrongful death framework caps only the loss of society and companionship category – economic damages remain fully uncapped – making economic damages maximization the central litigation strategy.
Wisconsin Wrongful Death Laws
The Wisconsin Wrongful Death Statute
Wisconsin’s wrongful death law is governed by Wisconsin Statutes § 895.04. The statute allows the Personal Representative or specified family members to file.
Who Can File
The Personal Representative or the surviving spouse or children may file.
Statute of Limitations
Wisconsin imposes a 3-year statute of limitations, measured from the date of death.
Recoverable Damages
Wisconsin allows recovery for pecuniary loss, loss of society and companionship, and funeral expenses. Economic damages are fully uncapped. The loss of society and companionship category is capped at $350,000 for adult victims and $500,000 for minor victims, with separate limits applicable to each category. Medical malpractice wrongful death claims are subject to additional restrictions.
Survival Action
Wisconsin maintains a separate survival action alongside the wrongful death claim.
Top 3 Wrongful Death Attorneys in Wisconsin
1. Habush Habush & Rottier S.C.
Location: Milwaukee, Madison, Wausau, WI (Statewide)
Phone: (414) 271-0900
Website: https://habush.com
The most prestigious personal injury and wrongful death firm in Wisconsin, with over 80 years of history. Because Wisconsin caps loss of society and companionship but not economic damages, they deploy elite economists to project massive, uncapped lost future earnings and household services, consistently securing multi-million dollar recoveries that far exceed the society/companionship cap.
2. Hupy and Abraham, S.C.
Location: Milwaukee, Madison, Green Bay, WI (Statewide)
Phone: (800) 800-5678
Website: https://hupy.com
One of the largest and most well-known personal injury firms in the Midwest. They excel at fatal motorcycle, auto, and commercial trucking accidents. Their deep resources allow rapid deployment of investigators and biomechanical experts. Because Wisconsin caps companionship at $350,000 for adult victims, they focus heavily on uncapped economic damages to maximize total recovery.
3. Peterson, Berk & Cross, S.C.
Location: Appleton, WI (Serving statewide)
Phone: (920) 831-0300
Website: https://appleton-injury.com
A highly respected mid-size firm with strong connections across Wisconsin’s state and federal courts. They handle complex medical malpractice and industrial wrongful death claims, with specific expertise in pursuing both the wrongful death and survival action claims simultaneously to ensure families recover every available dollar.
Frequently Asked Questions
What does Wisconsin’s cap apply to?
Wisconsin’s cap applies specifically to the loss of society and companionship category of damages: $350,000 for adult victims and $500,000 when a minor child is killed. It does not apply to economic damages such as lost future income, lost household services, or medical expenses. This distinction is critical – skilled attorneys focus on building the strongest possible economic damages case, which is fully uncapped and typically represents the largest portion of total recovery.
Who can file a wrongful death lawsuit in Wisconsin?
Wisconsin allows either the Personal Representative of the estate or the surviving spouse or children to file directly.
What should I do immediately after losing a loved one due to negligence?
Contact a wrongful death attorney as soon as possible. The 3-year deadline runs from the date of death. Preserve all evidence and do not speak with insurance companies before consulting an attorney.
Closing
Wisconsin’s partial cap structure makes economic damages maximization the core litigation strategy. The firms listed above have the expertise and resources to build the strongest possible economic case. If you have lost a loved one due to another party’s negligence, contact one of these attorneys today.
For immediate grief support, contact the National Alliance for Grieving Children at (866) 432-1542.