Lost a Loved One Due to Someone Else’s Negligence?

There is no step-by-step guide that can address what you and your family are going through. The loss of a loved one due to someone else’s negligence or recklessness is devastating, and no legal process can undo that harm.

But when you’re ready, there are steps you can take to protect your family’s legal rights and financial future. There is no rush — take the time you need. But be aware that there are legal deadlines (discussed below) that make it important not to wait too long before seeking guidance.

If you need immediate support, the Dane County Medical Examiner’s Office can be reached at (608) 284-6000. Grief counseling resources are available through UW Health, SSM Health, and community organizations throughout Madison and Dane County.

Evidence preservation is critical, even in the early days. If your loved one died as a result of a car accident, workplace incident, medical error, or other event caused by negligence, the following evidence may be important: police or incident reports — request copies from the Madison Police Department at (608) 255-2345, the Dane County Sheriff’s Office, or the Wisconsin State Patrol, depending on where the incident occurred; medical records — all records from your loved one’s treatment before and after the incident; autopsy and medical examiner reports — the Dane County Medical Examiner will issue a report for deaths under their jurisdiction; photographs and video — of the accident scene, the conditions that contributed to death, and any physical evidence; employment and financial records — documenting your loved one’s income, benefits, and financial contributions to the family; witness information — names and contact details of anyone who witnessed the incident.

An attorney can help you identify and preserve the specific evidence relevant to your case and can send preservation letters to prevent the destruction of evidence by the responsible parties.

Wisconsin’s wrongful death statutes (Wis. Stat. § 895.03 and § 895.04) specify who can bring a claim and what damages are available.

For injuries and damages before death (the "survival claim"): The personal representative of the deceased person’s estate can recover damages the deceased person could have recovered had they survived — including medical expenses incurred before death, lost wages before death, and pain and suffering experienced between the injury and death.

For the death itself (the "wrongful death claim"): Specific family members can recover damages for their losses, including: spouse — loss of companionship, society, and consortium; minor children — loss of parental society and companionship; parents — loss of society and companionship of an adult or minor child; siblings (in some circumstances) — may have claims depending on the relationship.

The personal representative of the estate typically brings the wrongful death action on behalf of all eligible family members.

Wisconsin’s wrongful death claim has two separate deadlines, and both matter.

Personal injury deadline: Under Wis. Stat. § 893.54, a claim for the injuries that led to death must be filed within three years of the date of injury (the date of the accident or incident).

Wrongful death deadline: Under Wis. Stat. § 893.205, the wrongful death claim itself must be filed within two years of the date of death.

These deadlines can overlap or diverge depending on whether the death occurred immediately or after a period of treatment. In either case, the shorter of the two applicable deadlines controls when you must act.

Claims against government entities (if the death resulted from negligence by a city, county, or state employee or agency) may have even shorter notice deadlines — sometimes as little as 120 days. Consult an attorney promptly.

Wrongful death claims in Wisconsin can recover several categories of damages: medical expenses incurred before death — emergency treatment, hospitalization, surgery, life support; funeral and burial expenses; lost financial support — the income and benefits the deceased would have provided to their family over their expected lifetime; loss of companionship, society, and consortium — the intangible but real loss of your loved one’s presence, guidance, affection, and support; pain and suffering experienced by the deceased between the injury and death; loss of parental guidance for minor children; punitive damages — in cases involving particularly egregious conduct (drunk driving, intentional acts, gross negligence), punitive damages may be available to punish the wrongdoer.

The value of a wrongful death claim depends on many factors, including the deceased’s age, earning capacity, health, and family circumstances. An experienced attorney can help calculate the full scope of damages.

Wrongful death claims in the Madison area commonly arise from: motor vehicle accidents — car, truck, motorcycle, and pedestrian crashes on the Beltline, I-90/94, East Washington Avenue, Stoughton Road, and other high-risk roads. Dane County recorded 44 traffic fatalities in 2022; medical malpractice — surgical errors, diagnostic failures, medication errors, and birth injuries at area hospitals and clinics; workplace accidents — construction falls, machinery incidents, and industrial accidents; defective products — vehicles, machinery, medications, or medical devices with design or manufacturing defects; premises liability — deaths resulting from unsafe property conditions (falls, structural failures, fires); drunk driving — Wisconsin’s high binge-drinking rate (23.5%, highest in the U.S.) contributes to an elevated rate of fatal drunk driving crashes; nursing home negligence — abuse, neglect, falls, and medication errors in long-term care facilities.

In the aftermath of a death, insurance companies and the responsible party’s legal team may reach out to your family. They may express sympathy and offer a quick settlement. Do not give recorded statements. Do not sign any documents. Do not accept any offers.

Insurance companies settle wrongful death cases for as little as possible. Quick settlements are almost never in the family’s best interest, especially before the full scope of financial losses has been calculated.

Wrongful death cases are among the most legally complex and emotionally difficult personal injury matters. An experienced Madison wrongful death attorney can: guide your family through the legal process with compassion and clarity, investigate the incident and establish who is responsible, identify all liable parties (which may include multiple individuals, companies, or entities), calculate the full scope of damages including long-term financial support and loss of companionship, handle all communication with insurance companies and opposing counsel, represent your family in Dane County Circuit Court if a fair settlement cannot be reached.

Most wrongful death attorneys work on contingency — your family pays nothing unless compensation is recovered. Initial consultations are free and confidential.