The K & B Blog

The wrongful death of a loved one due to the intentional, negligent, or reckless conduct of another person is an unfortunate occurrence that takes place all too often in our society. While no amount of money can truly compensate for the loss of human life, there are legal remedies in place that can help to ease the financial burden placed upon friends and family members of the deceased as a result of a wrongful death.

Wisconsin Statute § 895.04 was enacted to provide the surviving spouse, parent, guardian, beneficiary, or personal representative of a wrongful death victim with a cause of action against persons responsible for the fatal injury. In the event of a wrongful death, two separate legal actions may be taken in concert with one another.

The first is a survivorship action brought by the estate of the decedent in order to recover the medical expenses incurred as a result of the wrongful death, funeral and burial expenses, loss of income and earning capacity, as well as pain and suffering. Second is a traditional wrongful death action brought by surviving beneficiaries for their own losses sustained from the death of a loved one such as loss of income upon which they relied and loss of society and companionship. Wisconsin law caps emotional damages at $350,000 if the decedent was an adult and $500,000 if the decedent was a minor.

If you believe that the death of a loved one may have resulted from the intentional, negligent, or reckless conduct of another person, it is imperative that you contact an experienced attorney as soon as possible. Time is of the essence in wrongful death cases due to the applicable statute of limitations and the necessity to preserve evidence.

John M. Kelly, Attorney at Law, LLC is home to over 42 years of experience handling wrongful death and other personal injury claims. Call today to consult with a seasoned legal expert to ensure that you maximize recovery and hold those responsible for the wrongful death of your loved one accountable for their actions.