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Coping with the death of a loved one is truly one of the most difficult aspects of life. A more devastating factor can be when that loved one dies as a result of someone else’s negligence.
Wrongful death happens when a persons reckless behavior or negligent intentions cause someone else to die.
The Milwaukee personal injury attorneys at Pitman, Kalkhoff, Sicula & Dentice (PKSD) bring their compassionate knowledge and experience to help you determine whether you may be able to receive financial compensation in a wrongful death settlement.
Our successful track record has helped numerous Wisconsin families get the financial compensation that they deserve. Although we cannot bring your loved one back, we can help support you in a wrongful death settlement, bringing some closure to your tragedy.
Section 895 of The Wisconsin Statutes defines wrongful death when a person dies due to a wrongful act, neglect or default.
If the deceased person would have lived, they could have sought their own personal injury claim by filing a civil lawsuit. However, in the case of a wrongful death, appropriate parties have the right to pursue a wrongful death suit.
If your loved one was killed as a result of someone else’s negligence, contact the wrongful death attorneys at PKSD for a free legal consultation.
Mr. Pitman is a member of the Nursing Home Litigation Group of the American Association for Justice, the Illinois Trial Lawyers Association, the Iowa Association for Justice and the New Mexico Trial Lawyers Association. 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.
Our firm handles these common causes of wrongful death include:
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According to Wisconsin State Legislature, Section 895, an action for wrongful death may be brought by the personal representative of the deceased person or by the person to whom the amount recovered belongs. The appropriate parties who can file a wrongful death lawsuit include:
Please note that regardless of who files the settlement or claim, the court is required to set aside a portion for the dependents of the deceased person. Dependents may include the deceased persons spouse, domestic partner or any children under 18 years of age. These dependents will receive no more than 50 percent of the damages.
I started my career defending insurance companies, but quickly realized my heart was in helping real people – not corporations. Now, I’m proud to fight for the little guy every day.
Wisconsin law allows an appropriate party to file a wrongful death lawsuit within three years of when the deceased person sustained injuries that caused death. If the injuries caused instantaneous death, the three-year time limit begins on the date the person died. If the person suffered prolonged injuries from a situation or accident and then later died, the three-year time limit may begin on the day of the accident and not on the day of death.
Sometimes, inconsolable grief causes those closest to the deceased to wait until it is too late to file a wrongful death claim. It is important to get support as soon as possible by speaking with a knowledgeable and compassionate Wisconsin wrongful death attorney.
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, Illinois, Iowa and New Mexico.