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If you or a loved one has been seriously injured, please fill out the form below or call us at (414) 333-3333
One phone call can change everything. A fatal crash on I-39, a nursing home mistake, or another preventable tragedy can leave families in Wausau facing grief, financial uncertainty, and questions they never expected to ask.
When someone else’s negligence causes a death, Wisconsin law allows surviving family members to pursue compensation for both financial and personal losses. But these cases move quickly. Evidence disappears, witnesses become harder to reach, and insurance companies often begin building their defense immediately.
At PKSDs, we help families across Wisconsin understand their legal options after a devastating loss. A Wausau wrongful death lawyer can protect your family’s rights, investigate what happened, and guide you through every stage of the claims process while you focus on your family.
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Wisconsin law establishes a clear standard for wrongful death claims. Under Wisconsin Statute 895.03, a wrongful death action arises whenever a person’s death is caused by a wrongful act, neglect, or default that would have entitled the deceased to bring a personal injury claim had they survived. The party who would have been liable for those injuries remains liable for the death. This means a wide range of negligent conduct can give rise to a claim, as long as the death occurred in Wisconsin and the underlying conduct meets the threshold for a personal injury lawsuit.
Wisconsin also imposes a statute of limitations on wrongful death actions, giving families a defined window of time to file a lawsuit against the at fault parties. Missing that deadline can bar the claim regardless of how solid the evidence is, which is why consulting with a Wausau wrongful death lawyer promptly after a loss is critical.
Wrongful death claims in Wausau can arise from a range of circumstances, such as:
Each of these situations requires its own factual and legal analysis. The underlying cause of death determines the evidence needed, the parties potentially responsible, and the damages available under Wisconsin law.
Not everyone who grieves a loss has the legal standing to bring a claim. Under Wisconsin Statute 895.04, a wrongful death action may be brought by the personal representative of the deceased person’s estate or by the person to whom any recovered amount belongs.
When the deceased leaves behind a surviving spouse and minor children under 18 years of age, Wisconsin law directs the court to determine how any recovery is allocated, giving priority to the protection of those minor children. The court considers the children’s ages, the amounts involved, and the capacity of the surviving parent when making that determination
For families in Wausau, understanding who holds standing to bring the claim and how any recovery will be distributed is essential before litigation begins. These procedural questions have real financial consequences and deserve careful legal attention from the outset. In some cases, multiple family members believe they have a right to file, creating conflicts that can delay or complicate the process. Identifying the proper plaintiff and structuring the claim correctly from the start prevents unnecessary complications later.
Proving liability in a Wisconsin wrongful death case requires demonstrating that the responsible party owed a duty of care to the deceased, breached that duty, and that the breach directly caused the death. These elements mirror those in a standard negligence claim, but the stakes and complexity increase when the injured person is no longer alive to provide testimony.
Wisconsin follows a comparative negligence framework. If the deceased is found to have been partially at fault, any recovery is reduced in proportion to their share of responsibility. Recovery remains possible as long as the deceased’s fault did not exceed 50 percent. This rule has direct implications for case strategy and settlement negotiations.
Building a solid liability case in Wausau may require accident reconstruction reports, medical records and autopsy findings, employment records, witness statements, and expert testimony. Evidence collection in the early weeks following a death is often critical, as physical evidence deteriorates and witness memories fade. A Wausau wrongful death lawyer can begin investigating to protect that record.
Wisconsin wrongful death claims can encompass significant financial recovery depending on the circumstances of the death and the losses the family has sustained. Compensation is not limited to funeral costs; it reflects the full economic and personal impact of the loss on survivors.
Two broad categories apply in most claims: economic damages, which cover measurable financial losses, and non-economic damages, which address the personal and relational suffering that no receipt can capture.
Families pursuing a wrongful death claim may be entitled to recover the following:
The value of a wrongful death claim depends on the deceased’s age, their earning history, the nature of family relationships, and the extent of the negligence involved. Younger victims with dependents typically generate higher damage calculations due to the extended period of lost support and guidance. Our wrongful death lawyers can work with financial and medical experts to build the record needed to present a complete damages case.
No family should face the aftermath of a preventable death without someone on their side. Grief, unanswered questions, and mounting financial pressure arrive all at once, and the legal system adds another layer of complexity that most people have never had to navigate.
At PKSD, we have helped Wisconsin families pursue accountability and recover what they are owed after losing a loved one to another party’s negligence. Contact a Wausau wrongful death lawyer today at (414) 333-3333 for a consultation.
Mr. Pitman is a member of the Nursing Home Litigation Group of the American Association for Justice. Mr. Pitman was President of the Wisconsin Association for Justice in 2013 and is a current member of the National Academy of Elder Law Attorneys (NAELA). He lectures extensively on nursing home abuse and neglect and has authored numerous articles in the area of personal injury litigation.
Client Reviews
PKSD was great to work with after I had been in a car accident. They were incredibly thorough, patient, and understanding through the whole process! Sam Killian handled my case and kept me up to date every step of the way. He worked to negotiate my final settlement and was transparent about timelines and total amounts. Great, clear communication! Definitely would recommend! They make it a breeze.
Excellent service! They handled my case with care and importance. They kept me updated every step of the way. They fought for me to get a higher payout and succeeded! I am grateful for their help!
I have use PKSD 3 times. They took very good care of me. They walked me through the process and answered all my questions. I recomend them to everybody I know.
Outstanding Legal Representation – Highly Recommend! I had an incredible experience working with PKSD. They fought hard for me and made sure I got the money I truly deserved. From start to finish, they were professional, responsive, and genuinely cared about my case. Their expertise and dedication made the process smooth and stress-free. I couldn’t be happier with the outcome and would highly recommend them to anyone in need of legal help. Thank you for everything!
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney Jeffery A. Pitman, who has more than 28 years of legal experience and handled thousands of personal injury cases while obtaining millions of dollars in verdicts and settlements in Wisconsin.
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1110 N Doctor M.L.K. Jr Dr #320, Milwaukee, WI 53203 Get DirectionsPhone
414-333-3333About Us
PKSD is a Milwaukee personal injury law firm dedicated to helping injured individuals. We take a hands-on, client-focused approach and work closely with the people we represent from start to finish. We are committed to providing responsive service and strong legal advocacy when it matters most.
Areas We Serve
PKSD proudly serves clients throughout the state of Wisconsin. We represent individuals and families in Milwaukee, Madison, Green Bay, Appleton, Eau Claire, Wausau, and surrounding areas. No matter where you are located, our team is ready to help.
