Losing a loved one is always a devastating experience. The loss is even more painful when another party’s negligent actions caused it. In Wisconsin, surviving family members have a legal way to demand accountability and justice from the party responsible for the death. A wrongful death claim allows qualifying individuals to pursue compensation for their loss.
For families in South Central Wisconsin, it is important to understand that you only have a limited amount of time to file a wrongful death claim. This time limit is called the Wisconsin wrongful death statute of limitations. Depending on the circumstances of your loved one’s death, the statute of limitations may differ. However, missing this deadline could prevent you from recovering the money and justice your family deserves.
What is a Wrongful Death Claim?
A wrongful death claim is a legal action brought by the personal representative of the deceased individual’s estate or their surviving family members. These claims seek compensation from the responsible party for the medical expenses, funeral costs, lost income, and loss of companionship you suffered because of their negligent or intentional actions. A Wisconsin wrongful death attorney can determine whether you have a valid wrongful death case.
Wisconsin’s Statute of Limitations for Wrongful Death Claims
The wrongful death statute of limitations establishes a time limit for filing a lawsuit to recover compensation. Under Wisconsin law, the statute of limitations for most wrongful death claims places the deadline to file at three years from the date of your loved one’s death. However, a two-year statute of limitations applies if your family member’s death was the result of a motor vehicle accident.
The statute of limitations may also differ if medical malpractice or a government entity caused the death or in cases where the cause of death isn’t immediately known. For this reason, it’s essential to speak to a Wisconsin wrongful death lawyer as soon as possible so they can investigate your case and file your lawsuit before the limitations period expires.
Consequences of Missing the Statute of Limitations in Wisconsin
Failing to file your wrongful death claim within the statute of limitations typically results in the court dismissing your case. If this happens, you will not be able to seek compensation for the loss of your loved one, which can have severe financial implications for your family if you relied on your loved one’s income or need to pay their medical bills.
What Can a Wisconsin Wrongful Death Lawyer Do for Me?
A Wisconsin wrongful death lawyer can manage all aspects of your family’s wrongful death case. They will gather evidence, file the necessary paperwork, calculate your losses, negotiate a settlement with the insurance company, and represent you at trial if necessary. While your lawyer manages your case, you can focus on mourning and rebuilding your life.
Get Help From Our Wrongful Death Attorneys Today
LawtonCates has provided South Central Wisconsin families with compassionate and comprehensive legal support since 1958. If you lost a loved one due to someone else’s negligence, we’re here to fight for the compensation your family deserves. Contact us today to speak with an experienced wrongful death attorney about your case and to learn more about your legal options.
