Any injury resulting in death that would otherwise constitute a personal injury claim is a wrongful death.
When you file a wrongful death claim on behalf of a loved one, you are responsible for providing evidence to support your losses.
Filing a wrongful death claim in Wisconsin
In Wisconsin, surviving members of the deceased’s immediate family can file a claim seeking damages. However, there is an order in which family members must file. The spouse or domestic partner is first, followed by children and grandchildren. Then parents and grandparents, and the last are the siblings.
How to support economic damages
Economic damages in a wrongful death claim include medical expenses, lost income, funeral expenses and lost inheritance. You can prove these losses using medical bills, income statements and tax returns. You can also claim funeral and burial or cremation expenses by providing receipts for these costs.
How to support non-economic damages
Non-economic damages are an element of tort law referring to the emotional impact of your loved one’s untimely death. Examples can include:
- Physical pain and suffering the deceased experienced
- Loss of emotional support or consortium for the surviving spouse
- Loss of the love and guidance the deceased provided their children
Proving and valuing non-economic damages is slightly more complex. The family can testify about the relationship they had with the deceased. You can also present a video of family and friends talking about the dynamic within your family.
Most wrongful death cases conclude in a settlement. The stronger your evidence is, the more likely you are to receive a fair settlement offer.