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What is the difference between a survival claim and wrongful death claim in Wisconsin?

In Wisconsin survival claims are allowed when it can be proven that the deceased person suffered from conscious pain and suffering.  If so, medical expenses before death and loss of earning capacity before death can be awarded to any surviving family members or beneficiaries by way of the estate of the accident victim.  Many times a wrongful death attorney will enlist the help of an experienced probate attorney.

Unlike the estate laws tied to survival claims, wrongful death claims are those that belong to family members of the deceased.  Common damages awarded in this type of claim include mental anguish and emotional loss over losing a loved one.  Loss of wages and loss of inheritance can also be factored into wrongful death claims.

When your husband, wife, parent or child has died the thought of filing a wrongful death claim can be difficult.  You may feel guilt over any possible money awarded to you, and the newness of your loss can be overwhelming.  We know what you are going through, we have seen hundreds of people go through the emotionally trying first stages of filing a lawsuit. 

With compassion and an eye on your future, the future of your children, we can lift your burden, allow you to begin to slowly come to terms with your loss. If you have any questions at all please do not hesitate to contact an experienced, compassionate wrongful death attorney at Hupy & Abraham for your free consultation. Together we can help you get through this.