How long do I have to file a wrongful death lawsuit in Wisconsin?

Most Wisconsin wrongful death lawsuits must be filed within three years of the date of death, but cases involving motor-vehicle accidents have a shorter two-year statute of limitations. Missing the deadline usually leads to dismissal, which is why families are encouraged to speak with a Wisconsin attorney early. This answer is informational only and not legal advice.

What damages are available in a Wisconsin wrongful death case?

Wisconsin allows recovery for medical bills, funeral expenses, lost financial support, and loss of services. Families may also recover noneconomic damages for loss of society and companionship, though these damages are capped by statute. The estate may recover the decedent’s conscious pain and suffering before death. Economic damages are not capped. This answer is informational only and not legal advice.

Who can file a wrongful death lawsuit in Wisconsin?

Wisconsin allows the surviving spouse or domestic partner to bring a wrongful death lawsuit, followed by children and then parents if no spouse or children survive. In some situations, the personal representative of the estate may file the claim. Although Wisconsin identifies priority among beneficiaries, the recovery is ultimately distributed according to statutory rules. This answer is informational only and not legal advice.

How long do I have to file a wrongful death lawsuit in Wisconsin?

Most Wisconsin wrongful death lawsuits must be filed within three years of the date of death, but cases involving motor-vehicle accidents have a shorter two-year statute of limitations. Missing the deadline usually leads to dismissal, which is why families are encouraged to speak with a Wisconsin attorney early. This answer is informational only and not legal advice.

What damages are available in a Wisconsin wrongful death case?

Wisconsin allows recovery for medical bills, funeral expenses, lost financial support, and loss of services. Families may also recover noneconomic damages for loss of society and companionship, though these damages are capped by statute. The estate may recover the decedent’s conscious pain and suffering before death. Economic damages are not capped. This answer is informational only and not legal advice.

Who can file a wrongful death lawsuit in Wisconsin?

Wisconsin allows the surviving spouse or domestic partner to bring a wrongful death lawsuit, followed by children and then parents if no spouse or children survive. In some situations, the personal representative of the estate may file the claim. Although Wisconsin identifies priority among beneficiaries, the recovery is ultimately distributed according to statutory rules. This answer is informational only and not legal advice.

Wisconsin Wrongful Death Law Guide

Quick facts for Wisconsin

Who can file: Wisconsin allows certain family members—primarily the surviving spouse, domestic partner, children, and parents—to bring a wrongful death claim. The personal representative may also file in some circumstances.

Deadline to file: Most Wisconsin wrongful death actions must be filed within three years of the date of death; some motor-vehicle cases have a two-year limit.

Key statute: Wis. Stat. § 895.03; § 895.04

Types of compensation families may pursue

Medical and funeral expenses

Loss of financial support

Loss of society and companionship

Decedent’s pre-death pain and suffering

Lost income and earning capacity

Loss of household services

Wisconsin caps noneconomic damages for loss of society and companionship in wrongful death cases, with different caps depending on whether the decedent was a minor or an adult.

Wisconsin wrongful death law: a guide for grieving families

Wisconsin’s wrongful death laws aim to balance financial recovery with recognition of the deep emotional loss families experience. This guide walks through the essentials in clear, supportive language.

What is wrongful death in Wisconsin?

A wrongful death occurs when someone’s negligence or wrongful act causes a death. Families may file a civil claim to seek financial and emotional damages. These cases often involve vehicle crashes, unsafe property conditions, medical errors, or dangerous products.

Who may file?

Wisconsin allows the following individuals to bring a wrongful death action:

Surviving spouse or domestic partner
Children
Parents (especially when the decedent was a minor)
The personal representative, when appropriate

Wisconsin statutes outline who has priority and how damages are allocated among beneficiaries.

What damages may be recovered?

Families may seek:

Medical and funeral expenses
Lost financial support
Loss of society and companionship
Loss of services and guidance
The decedent’s pain and suffering before death

Wisconsin caps noneconomic damages for loss of society and companionship, with higher caps for deceased minors.

Damage caps

Wisconsin caps noneconomic damages for loss of society and companionship:

Higher caps apply for minors
Lower caps apply for adults

Economic damages (like medical costs and lost income) are not capped.

Filing deadline

Most cases must be filed within:

Three years of the date of death
Two years for motor-vehicle-related wrongful deaths

Disclaimer

This guide is informational only and not legal advice.