Skip to main content

Wrongful Death Lawsuits | Wisconsin Wrongful Death Claims

4 Things to Know About Wrongful Death Claims in Wisconsin

It is hard to lose a loved one. It’s harder when someone else’s negligence led to the death. Situations like this may be legally considered a wrongful death in Wisconsin which makes it possible for family members of the victim to claim damages for the death from the negligent party. Damages may include medical expenses, loss of income due to the victim’s death, and pain and suffering.

Since it is possible to file these lawsuits in Wisconsin, we want to share a few facts about these types of cases.

  1. These Deaths Affect the Victim’s Loved Ones

The United States did not originally allow wrongful death claims because courts considered the victim to be the one who died. According to the legal system, since there was no victim to bring forth a claim, there was no case. Eventually, the judicial system recognized that a death affects more than the person who died; it also affects family members. States then began to families to file claims in the hopes of obtaining compensation for their loss.

  1. The Claims Fall Under Civil Law

Wrongful death lawsuits are governed by civil law. These claims are filed by the decedent’s family against the negligent person or party. The lawsuits can only be brought forth by surviving family members or beneficiaries of the victim. In Wisconsin, surviving spouses, domestic partners, children, parents, and guardians of the deceased can file suits.

  1. The Burden of Proof is on the Filer

Simply believing another person is responsible for the victim’s death is not enough to file a suit. Wrongful death claims must meet the burden of proof, which shows that negligence occurred, led to the death, and that the death caused harm to the victim’s beneficiaries. Although every claim is unique, they all seek compensation based on the financial losses suffered by the victim’s family. To meet the burden of proof, filers will have to prove:

  • Culpability
  • Negligence
  • That there are beneficiaries, spouses, or dependents
  • That the beneficiaries have suffered monetary loss and/or hardship due to the death
  1. States Differ in How They Handle Wrongful Death Claims

Claims are governed by state civil law, which means they differ from state to state. Wisconsin allows beneficiaries or their representatives to file claims, but claims must be filed within two (2) years of the victim’s death to meet the state’s statute of limitations guidelines. Filers must prove negligence and prove damages. Suits may be filed against individuals and/or organizations who caused the victim’s death due to negligence.

File a Wrongful Death Claim with Help from Eisenberg Law Offices

If you think you have a wrongful death case on your hands, it’s always best to consult an attorney experienced in these types of claims. Not only are you facing the statute of limitations, but you are also navigating a particularly emotional and possibly financially challenging time. Your attorney can look out for you, manage the process to protect your best interests, and negotiate claims on your behalf without feeling the emotional stress you are experiencing.

Trust the personal injury attorneys at Eisenberg Law Offices to be your advocate and guide. We can help you file a claim within the appropriate time frame, collecting all of the necessary evidence and information needed to prove your case, allowing you time to grieve while still pursuing a claim.

To learn more about our services, call our Madison, Wisconsin office at 608-256-8356 or email us at to arrange a free consultation.



Eisenberg Law has successfully represented our clients in thousands of Personal Injury, Criminal Defense and Family Law Cases during our 30-plus years in business.