Can I Sue for My Child’s Wrongful Death in Wisconsin?

How to file a Wrongful Death lawsuit in Wisconsin for the death of a child

Losing a child is devastating to any parent. Even worse is the feeling when someone else’s actions caused your child’s death. When this happens, you face both emotional and financial pain. If your child dies due to someone else’s actions, you may have a claim for wrongful death.

What Is Wrongful Death?

In Wisconsin, you can file a lawsuit for wrongful death when someone’s “wrongful act, neglect, or default”causes a death. It takes the place of a personal injury claim your child would have if he or she survived. You have many of the same considerations that you would have in a personal injury suit; you must show that the other person owed a duty of care for your child; the person failed to fulfill that duty; and that failure caused your child’s death.

When Can You Sue?

The statute of limitations for wrongful death in Wisconsin is two years if the death was caused by a car accident. Otherwise, it is three years. That said, the time begins running at the time of the event that led to the child’s death. If you wait too long, you may lose the right to recover damages.

Damages Available

In a wrongful death suit, you can recover damages for both economic and non-economic losses. This includes the cost of medical care and funeral and burial expenses, but it may also include other damages that are less obvious. Your attorney can help you understand what you are entitled to receive.  No amount of money can ever replace a lost child. Still, you have a claim of recovery for some of the losses you suffer.

If you have lost a child due to someone else’s action or inaction, contact Eisenberg Law Offices, online or at (608)256-8356. We will give you the experienced, compassionate legal guidance you need.