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Wisconsin Wrongful Death Claims

Wisconsin Wrongful Death Claims Because losing someone is a very challenging experience, filing Wisconsin wrongful death claims not only requires competence, it also requires compassion and concern for the grieving client.

The Wrongful Death Lawyers at the Accident & Injuries Law Firm of Emmanuel L. Muwonge, LLC., are ready to represent you and the family regarding a wrongful death claim arising from the negligent and often reckless conduct of others.

Emmanuel L. Muwonge, LLC., will represent you with Competence, Compassion & Concern© claiming for and on your behalf, adequate compensation for such items as Medical Expenses, Funeral Expenses, Loss of Society, Loss of Companionship and Grief.

Please Call (414)933-4144 We Are Available 24/7 To Consult Regarding Your Matter At No Charge.

Wisconsin Wrongful Death Claims fall into several types

A claimant or claimants may bring a Wisconsin wrongful death claim for and on behalf of the Estate of the Deceased as dictated by Wisconsin Statutes 895.04. The following are the various categories of Wisconsin Wrongful Death Actions:

  1. Funeral & Burial Expenses
  2. Medical Expenses
  3. Loss of Society & Companionship
  4. Loss of Consortium
  5. Loss of Inheritance

Who Can Sue in a Wisconsin Wrongful Death Claim?:

Wisconsin Wrongful Death Claims may be brought on behalf of the Estate of the deceased by Personal Representative or By the person to whom the amount recovered belongs, such: as a Surviving Spouse, a Child and or a Parent.

A. Surviving SpouseChild and or a Parent.

B. Child and or Parent.

C. Parent.

When an injured victim passes on, the pain and suffering sustained between the onset and time of death is compensable. Those damages belong to the Estate of the deceased and the action is referred to as a Survival Action controlled by Wisconsin State Statute 895.01 and 895.03.

Those damages (Conscious Pain & Suffering) belong to the Estate of the deceased. The action to recover these is referred to as a Survival Action. Survival Actions are governed by Wisconsin State Statute 895.01 and 895.03.

When death occurs, a category of beneficiaries is created. A category of damages is also created. The process of collecting these damages owed is what is referred to as a Wrongful Death Action, which is governed by Wisconsin State Statute 895.04.

EXCEPTION: Wrongful Death cases due to Medical Malpractice involving an adult patient are limited to the following:

His or her spouse

His or her parents

His or her minor sibling and

His or her minor children.

The foregoing are the class of beneficiaries permitted under Wisconsin State Statutes 655.007.

This means that the adult child cannot or may not sue for damages in these circumstances. An adult child has zero standing to sue in these circumstances.

Wisconsin wrongful death claims may be brought as Survival Actions which is permitted for the following elements of damages:

  • Conscious Pain and Suffering, if any is provable;
  • Medical Expenses before death, and,
  • Loss of Earning Capacity before death.
  • Wrongful Death – Who To Sue in a Wisconsin Wrongful Death Case?
Who To Sue in a Wisconsin Wrongful Death Case?

Responsible Party for Death/Injury/Losses – Driver, Mechanic, Garage, Automobile Manufacturer, Landlords and Rental Management Agencies, Cop & Police Department, City or Town or Village, Nurse / Doctor, Nursing Home, Product Manufacturer, Pharmacist & Pharmacy, Gun Shops Owners, Owner of Commercial Premises, Hotels and Motels (eg., Drowning at Hotel Pool, Slip & Fall, Trip & Fall, Criminal Acts of Third-parties), Grocery Store & Supermarkets (Slip & Fall), Hardware Stores (Merchandise Falling On Customers From Shelves). It all depends upon who is responsible for what conduct, who has what responsibilities and obligations and what injuries, losses and damages arose as a result of those responsibilities, duties and obligations.

What To Sue For in a Wisconsin Wrongful Death Claim?
  1. Medical Bills
  2. Pre-death Conscious Pain and Suffering
  3. Loss of Pecuniary Losses
  4. Loss of Inheritance
  5. Loss of Support

If either the victim or the beneficiary was contributorily negligent, the damages are reduced in proportion to the percentage of fault of the victim as may be determined by a Jury or Court.

If you or a loved one lost someone, have them call or you Call the Milwaukee Accident & Personal Injuries Law Firm of Emmanuel L. Muwonge & Associates, LLC., at (414) 933-4144 for your Free No Obligation Telephone Consultation.

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