When someone dies in a preventable way, the surviving family members are often entitled to compensation for the associated damages. As long as the loss was due to another party’s negligent or malicious conduct, the family should have grounds for a claim under wrongful death law. However, not all relatives are entitled to seek funds, and not all damages are recoverable. 

Who May File a Wrongful Death Claim?

Although an unanticipated loss can affect dozens of people, Wisconsin wrongful death laws limit eligibility when it comes to filing an actual claim. Generally speaking, the case can only be brought by the personal representative of the deceased’s estate or by one of the eligible beneficiaries of that estate. Examples include the victim’s surviving spouse, child, or parent. While multiple parties may file separate actions, the claims can also be consolidated. 

What Kinds of Damages Can You Seek by Filing a Wrongful Death Claim?

Under wrongful death law, you may seek compensation for reasonable funeral and burial costs, as well as for medical expenses incurred as a result of the deceased’s final injury or illness. If you depended on the victim for financial support, you may also include damages like lost income and lost benefits in the settlement negotiations. Additionally, claimants can seek non-economic damages like loss of society and companionship; however, these payouts are capped at $350,000 for deceased adults and $500,000 for deceased minors. 

If your family is grieving the unanticipated loss of a loved one, turn to the compassionate attorneys at Egan & Richgels, S.C. The resourceful team at this La Crosse, WI, firm will conduct a thorough investigation to determine if you have grounds for a claim under wrongful death law. Since 1978, clients throughout western Wisconsin and southeastern Minnesota have turned to them for practical legal solutions. With a focus on personal injury law, they are well-versed in handling claims involving motor-vehicle collisions, medical malpractice, and premises liability. To request a case review, reach out on their website or call (608) 784-0087.