Who is Entitled to Sue on Behalf of a Deceased Person?

Suing On Behalf of Deceased Person

Q: Who is entitled to sue on behalf of a deceased person?

A: Suing On Behalf of Deceased Person requires bringing an action for wrongful death by the personal representative of the deceased person or by the person to whom the amount recovered belongs.

Q: To whom does the money belong and how is it determined?

A: Suing On Behalf of Deceased Person requires being appointed by Probate Court. If the deceased leaves a surviving spouse, and minor children under 18 years of age with whose support the deceased was legally charged, the court shall determine the amount, if any, to be set aside for the protection of the children after considering the age of such children, the amount involved, the capacity and integrity of the surviving spouse, and any other facts or information it may have or receive.

Q: What if there are no surviving minor children?

A: If there are no surviving minor children, the amount recovered shall belong and be paid to the spouse of the deceased.

Q: What if there is no surviving spouse?

A: If there is no spouse that survives the deceased, the money or assets will go to the deceased’s lineal heirs as determined by Wisconsin Statute § 852.01.

Q: What if there are no linear heirs that survive?

A: If there are no lineal heirs surviving, the amount or assets go to the deceased’s brothers and sisters.

Q: What if there are no such relatives or they die before the court is able to render judgment?

A: In that case, if any such relative dies before judgment in the action, the relative next in order shall be entitled to recover whatever money there is for the wrongful death of the family member at issue.

Q: Is there any limit as to how much one may recover for the death of a relative?

A: Yes and with certain exceptions. If the deceased was a minor child, the amount does not exceed $350,000.00. If the deceased was an adult, the amount does not exceed $500,000 per occurrence for loss of society and companionship and, the amount is awarded to the following and in the following order:

  • the spouse
  • children or parents of the deceased,
  • or to the siblings of the deceased, if the siblings were minors at the time of the death.

Q: Is that all there is to recover?

A: No. If the deceased was subjected to pain and suffering before death, the estate of the deceased is entitled to pain and suffering damages which have no limit and are based upon the nature and extent of the suffering as determined by the court/jury.

Also, If the personal representative brings the action, the personal representative may also recover the reasonable cost of medical expenses, funeral expenses, including the reasonable cost of a cemetery lot, grave marker and care of the lot.

If a relative brings the action, the relative may recover such medical expenses, funeral expenses, including the cost of a cemetery lot, grave marker and care of the lot, on behalf of himself or herself or of any person who has paid or assumed liability for such expenses.

[x_blockquote cite=”” type=”left”] If your loved one was killed as a result of the negligence of another, call the Milwaukee Wisconsin Wrongful Death Lawyers at The Accident & Personal Injury Law Firm of Emmanuel L. Muwonge & Associates, LLC. Call (414) 933-4144.[/x_blockquote]

Share this Post