Wrongful Death Lawyer in Wisconsin

Wisconsin has two different statutes of limitations for wrongful death depending on the cause. General wrongful death — including medical malpractice, premises liability, and product liability — has a three-year SOL under Wis. Stat. § 893.54(1m)(b). Motor vehicle wrongful death — including car, truck, and motorcycle fatalities — has a shorter two-year SOL under § 893.54(2m). The distinction is critical: a family that loses a member in a truck crash has one year less to file than a family that loses a member to a defective product. The motor vehicle two-year deadline catches families off guard because three years is the more commonly cited Wisconsin SOL.

Wisconsin's statutory cap on non-economic damages in wrongful death cases is one of the most significant limitations in the country. Under Wis. Stat. § 895.04, loss of society and companionship damages are capped at $500,000 for a deceased minor and $350,000 for a deceased adult. These caps apply per occurrence, not per claimant. There is no cap on pecuniary damages — lost earning capacity, lost services, medical expenses, and funeral costs are fully recoverable. The practical effect: in every Wisconsin wrongful death case, the economic loss calculation is the most critical element. A forensic economist who can document the decedent's lifetime earning trajectory, benefits, household services, and financial contributions to dependents determines the size of the uncapped portion of the award.

Under Wis. Stat. § 895.04, wrongful death actions may be filed by the personal representative, the surviving spouse or domestic partner (who has priority), minor children, lineal heirs, or siblings. The priority structure matters when multiple eligible plaintiffs have conflicting interests — a surviving spouse and adult children from a prior marriage, for example, may disagree on settlement strategy. Wisconsin's modified comparative negligence rule under Wis. Stat. § 895.045 applies to wrongful death with a 51% bar: if the decedent's fault exceeds the combined fault of all defendants, the family recovers nothing.

If a government entity caused the death, Wis. Stat. § 893.80 imposes the 120-day written notice requirement plus a separate itemized claim. After disallowance (or 120 days deemed disallowed), the claimant has 6 months to file suit. The 120-day window runs from the date of the event — in a wrongful death case, that may be the date of the crash or incident, not the date of death. Clarifying the accrual date is essential for government wrongful death claims.