Can I File a Wrongful Death Claim for My Loved One?
After you lose a loved one, you need time to grieve and manage the changes in your life. If your loss comes from someone else’s negligent or intentional act, you may have a right to sue for wrongful death. An experienced Madison attorney can help you understand your rights in a Wisconsin wrongful death action.
Basis for the Claim
Before you can file a wrongful death claim, your loved one has to die due to someone’s negligence or intentional behavior. Further, it has to be someone who owed a duty of care to your loved one. This duty is not necessarily specific to the person who passed. It can include a duty to maintain property, to drive responsibly, or take safety precautions at a work site.
Importantly, in Wisconsin an award can be offset by contributory negligence. If a jury finds the person who died was more than 50% responsible for an accident, you will not be awarded damages in the case.
Whom Do You Sue?
Depending on how the death occurs, you may be able to sue an individual, a company, or sometimes even a government agency. It comes down to who owed a duty and failed to fulfill that duty. Your attorney will listen to your story and learn what happened and how, and will help you identify which party or parties to sue in your wrongful death action.
Who Can File?
In Wisconsin, generally immediate family members or partners of the deceased can file a wrongful death action. You can recover for losses such as medical costs, funeral costs, and the loss of support for a minor child or spouse. In addition, you can recover for the value of services the person used to perform, lost love and companionship, and loss of consortium.
If you have lost a loved one due to someone else’s negligence or intentional act, you can file a wrongful death action. Contact Eisenberg Law Offices today for help with your claim.