Who Can Pursue a Wrongful Death Action in Wisconsin?
When you lose a loved one, legal action may be the last thing on your mind. However, if financial stress related to the loss is an issue, it is important to understand your rights under Wisconsin law. A wrongful death lawyer in Milwaukee, WI can determine liable parties and help you bring a lawsuit to recover compensation. Wisconsin statute 895.04 Plaintiff in wrongful death action explains who has the right to file a wrongful death claim. When someone dies, the court assigns a personal representative ― or a will or other estate planning document may designate a personal representative. Personal representatives can sue for wrongful death, and so can the person with a right to recover damages. You are entitled to recover compensation if you are a surviving spouse, domestic partner or a child under 18 who legally depended on the deceased loved one for support. You may also be entitled to recover compensation of you are the parent of an adult child where there are no spouse or children.
The law sets specific guidelines that protect a child’s right to receive compensation over a surviving spouse or domestic partner. If there are no surviving spouses, domestic partners or minor children, then the following individuals take priority, in the order listed:
* Brothers and sisters
* Grandparents (one-half to surviving maternal grandparents and one-half to surviving paternal grandparents)
* Surviving relatives on the maternal or paternal side if no surviving grandparents
If you lose a loved one because of someone else’s negligence or wrongdoing, a Milwaukee wrongful death law firm can provide you with legal guidance and protect your rights. Scherr & Scherr, LLP has more than 65 years of combined experience and has helped numerous families take effective legal action regarding wrongful death.