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Who Can Sue in a Wisconsin Wrongful Death Claim?

Whether caused by a car accident, pharmaceutical mistake or workplace negligence, losing a loved one because of someone else’s bad decision is devastating. And once the immediate shock, grief and anger pass, it is only natural to want the person or company at fault to help make it right.

This is how wrongful death lawsuits begin. Survivors typically look for help with both medical and funeral expenses, lost wages, future earnings, and other related financial concerns. Individuals, companies and governmental agencies can all be held accountable for negligence ending in death.

Who can bring suit for wrongful death in Wisconsin?

In Wisconsin, the survivors of the deceased are the ones who bring suit in the United States. There is most often a representative, often the executor, who files the claim on their behalf, although an individual can act alone as well. 

According to Wisconsin wrongful death statutes referred to as “Plaintiff in wrongful death action,” the people who may bring suit include:

  • The surviving spouse and minor children under the age of 18 who depended on the deceased for financial support.
  • The spouse of the deceased if no minor children are involved.
  • If there is no spouse, the “lineal heirs” are next in line. Wisconsin law provides an explanation.
  • If there is no spouse, minor children, or lineal heirs, the siblings—brothers or sisters—of the deceased may bring suit.
  • It is also possible for others to bring suit, but you should hire an attorney to be sure you fully understand the complexities of state law in this matter.

We strongly suggest you seek the services of a competent Madison accident attorney if you feel a wrongful death lawsuit would best serve the interests of your family. 

Call Hupy and Abraham today toll free at 800-800-5678 to find out what you can do to move on with your life. We can offer you the best knowledge of Wisconsin wrongful death law and our proven track record helps our clients go on living when the unthinkable happens.