Godfrey, Leibsle, Blackbourn & Howarth, S.C.
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A review of wrongful death actions in Wisconsin

The laws of Wisconsin recognize wrongful death claims when victims lose their lives due to the negligent and wrongful acts and defaults of others. Wrongful deaths can result from many types of accidents, intentional actions or omissions, and other causes. While this post will provide an overview on this important personal injury topic, readers are encouraged to seek their own counsel on personal legal matters as this post provides no guidance or advice.

A claim based on a wrongful death only arises after a victim has lost their life. In Wisconsin, certain family members who were related to the victim may file the lawsuit based on loved one’s wrongful death, or the claim may be pursued by the personal representative of the victim’s estate. Individual personal injury attorneys can advise their clients on how and when to begin this process.

Wrongful death claims require that pleading parties prove certain elements to prevail on their lawsuits. They must prove that there was a death and that the death was the fault of the named party or parties who they have elected to sue. In addition to these elements, individuals must also show that they have suffered losses as a result of the deceased victim’s passing and that they are entitled to damages because of their losses.

There is nothing harder than losing a loved one to a tragic but preventable personal injury accident. Wrongful death actions can provide grieving families with the financial support they need to get their lives moving forward after saying goodbye to deceased loved ones. Statutes of limitation can apply in these cases, so readers with inquiries about wrongful death claims may wish to communicate directly with personal injury attorneys.

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