Common Questions About Wrongful Death Claims
Posted by PKSD Law Firm on October 16, 2015 in Wrongful Death
Wrongful death cases arise from somber circumstances. During this difficult time, you and your family may have many questions. Below are answers to commonly asked wrongful death questions.
What Is a Wrongful Death Claim?
A wrongful death claim is a civil matter, not a criminal charge, though criminal charges may be filed by a prosecutor depending on the circumstances. A claim can be filed if the decedent could have filed a personal injury lawsuit, had they not lost their life. Wrongful death claims seek monetary damages from the responsible party who caused the death of the person in question. It does not ask for jail time or other criminal penalties.
Who Files a Wrongful Death Claim?
In the state of Wisconsin, certain rules are set regarding who can file a claim for wrongful death. The following parties can initiate a wrongful death claim:
- The individual acting as the personal representative of the decedents estate
- The decedents domestic partner or spouse, child, parent or guardian
No matter who files the claim, if the decedent has surviving dependents, such as a spouse or child, a portion of the damage award will be allocated by the court for their care.
When Can a Wrongful Death Claim Be Filed?
In Wisconsin, wrongful death claims can be filed up to three years after the injury occurred which caused the death of the decedent. This can be difficult to apply, especially in cases where an injury occurred though the decedent did not succumb to the injuries until sometime later.
What Damages May Be Awarded?
In a wrongful death claim, compensation may be awarded for medical expenses related to the negligent actions causing death, funeral expenses, lost earnings of the decedent, and loss of companionship.
If you have questions regarding a wrongful death claim, contact a personal injury attorney at PKSD today to discuss your case with an attorney, free of charge.