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Wisconsin | FAQs

Is it possible to make a financial recovery for pain and suffering in a Wisconsin wrongful death case?

You can recover pain and suffering damages through a wrongful death lawsuit

Yes, Wisconsin law allows you to recover for pain and suffering in a wrongful death case. Your loved one’s physical pain and emotional suffering from the time of the accident until death and your family’s emotional suffering since your loved one’s death are the most personal and among the most important types of damages that you can recover.

What Wisconsin Law Allows

In Wisconsin, it is possible to pursue a full recovery of monetary damages and also damages for:

  • Loss of society and companionship to the spouse, children, or siblings (if they are minors) of the person who died. The law caps these damages at $500,000 for the death of a child and $350,000 for the death of an adult.
     
  • The pain and suffering of the person who died. This is known as a survivorship claim and it may include compensation for the physical pain and emotional suffering that the person suffered from the time of the accident until the time of death. There are no statutory caps on survivorship damages.

If you are pursuing a survivorship claim or seeking damages for loss of society and companionship, then you are going to have to prove the amount of these significant, personal, and hard-to-value damages.

Don’t Do This Alone

The defendant’s attorney is going to work hard to minimize your recovery of these non-economic damages. The lawyer may try to frame your relationship with the person who died in an unflattering way and make little of the emotional suffering you are feeling now or the pain that your loved one suffered prior to death.

As with any type of damages, you are going to need evidence to get the compensation that you deserve. While there aren’t bills to submit or invoices to point to, there are ways to prove loss of society and companionship and survivorship claims.

Our experienced Wisconsin wrongful death lawyers will fight hard for your fair recovery of all damages related to your loved one’s death. We will gather the relevant evidence and make strong arguments so that you can be compensated in court or through a settlement agreement. To learn more, we encourage you to contact us at any time to schedule a free, confidential, no-obligation consultation.

Jason F. Abraham
Managing Partner, Hupy and Abraham

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