The unexpected death of a loved one changes everything in an instant, leaving families trying to make sense of what happened and how to move forward. The shock and sorrow can make it difficult to focus on anything beyond the pain of the loss.

When someone else’s negligence causes the death of a loved one, the grief can be compounded by unanswered questions, financial strain, and a deep sense of injustice. Families in Green Bay who are facing this unimaginable loss may have legal options under Wisconsin law.

Wrongful death claims often stem from serious car accidents, workplace incidents, medical negligence, unsafe premises, or other preventable events.

If your family has lost a loved one due to negligence, a compassionate and experienced Green Bay wrongful death lawyer can help you understand your rights. Brian Hodgkiss Injury Lawyers stands by families throughout Brown County as they seek accountability after a wrongful death.

Contact us today to schedule a free case review.

What Is Considered a Wrongful Death in Wisconsin?

A wrongful death occurs when the wrongful act, neglect, or default of another party causes a person’s death. In other words, if the deceased person could have filed a personal injury claim had they survived, their surviving family members could have the right to pursue a wrongful death claim.

Wrongful deaths can be caused by:

• Car and truck accidents
• Motorcycle or pedestrian collisions
• Workplace accidents
• Medical negligence
• Defective products
• Unsafe property conditions

To succeed in a wrongful death claim, it must be shown that another party’s negligence directly caused the death and resulted in damages to surviving family members.

How Is a Wrongful Death Claim Different from a Criminal Case?

Families are sometimes surprised to learn that a wrongful death claim is separate from any criminal charges resulting from the same incident. These are two different legal processes with different purposes.

A criminal case is brought by the government and focuses on whether a defendant violated criminal law. A conviction could include fines or imprisonment.

A wrongful death claim is a civil lawsuit brought on behalf of the deceased person’s estate and surviving family members to seek financial compensation for losses caused by the death. The burden of proof is different. In civil cases, the standard is a “preponderance of the evidence,” meaning it must be more likely than not that negligence caused the death.

Even if no criminal charges are filed, or if a defendant is found not guilty, a family can still pursue a wrongful death claim under Wisconsin law. Civil accountability doesn’t depend on a criminal conviction.

Who Can File a Wrongful Death Claim in Wisconsin?

Wisconsin law limits who can file a wrongful death claim and how damages are distributed. In most cases, a wrongful death claim is brought by the personal representative of the deceased person’s estate. However, the recovery is typically for the benefit of surviving family members.

Under Wisconsin law, those who may benefit from a wrongful death claim are:

• The surviving spouse or domestic partner
• Children of the deceased
• If there’s no spouse or children, the deceased person’s parents
• In certain circumstances, siblings or other next of kin

The personal representative files the lawsuit, but compensation is distributed to eligible family members as defined by statute. The court may also oversee the allocation of damages.

Because wrongful death claims involve both estate law and personal injury law, navigating the process can be difficult. Families in Green Bay grieving the loss of a loved one may find it helpful to work with an attorney who understands how Wisconsin’s wrongful death statutes apply.

What Is the Statute of Limitations for Wrongful Death in Wisconsin?

In Wisconsin, wrongful death claims generally must be filed within three years from the date of the person’s death. If a claim isn’t filed within this time, the family could lose the right to pursue compensation.

There can be exceptions depending on the circumstances, such as cases involving motor vehicle accidents or specific types of negligence.

Waiting too long to act can make it harder to gather evidence, locate witnesses, and build a strong case. Speaking with an attorney as soon as possible after a loss can help ensure compliance with Wisconsin law and preserve important evidence.

At Brian Hodgkiss Injury Lawyers, we know the legal process can be overwhelming for people already suffering from the death of their loved one. You need a trusted advocate who can offer expert guidance on how to proceed.

Contact us today. We’re here to support you and your family.

What Compensation Is Available in a Wisconsin Wrongful Death Claim?

A wrongful death claim is intended to provide financial compensation for the losses suffered by surviving family members. While no amount of money can replace a loved one, compensation can help ease the financial burden that often follows a sudden or unexpected death.

In Wisconsin, wrongful death damages can include:

• Funeral and burial expenses
• Medical expenses related to the final injury or illness
• Loss of financial support and income
• Loss of companionship, society, and guidance
• Loss of services the deceased provided to the household

Wisconsin law also places certain limitations on non-economic damages in wrongful death cases, depending on the circumstances. Understanding how these limits apply can be an important part of evaluating a potential claim.

A wrongful death claim can help address these financial losses while also holding negligent parties accountable.

Grief and Community Support Resources in Green Bay

After the death of a loved one, families often need more than legal guidance. Emotional support and counseling can play an important role during the grieving process.

In and around Green Bay, families can seek support through organizations that offer bereavement and counseling services, such as Mental Health America Lakeshore and University of Wisconsin-Green Bay Camp Lloyd. Community grief recovery groups that meet locally are listed on Griefshare.

Having access to emotional and mental support can be an important step toward healing during an incredibly difficult time. While no legal process can remove the pain of a loss, seeking appropriate support services alongside legal guidance can help you begin to move forward.

Contact Brian Hodgkiss Injury Lawyers After a Wrongful Death

Whatever the circumstances are that led to the death of your loved one, it’s still a painful loss – and knowing where to turn for support can be a huge comfort. Brian Hodgkiss Injury Lawyers can take the legal burden off your shoulders and give you peace of mind.

We approach wrongful death cases with care, clarity, and a commitment to pursuing accountability. Our team can investigate the circumstances surrounding the death, gather evidence, and communicate with insurers and opposing parties. We can work toward a fair outcome to help secure the financial well-being of surviving family members.

Local experience matters. We’ve proudly served the people of Wisconsin for years. We live in the community and have a deep understanding of state law. Our team of attorneys has the knowledge and experience to build a strong case on your behalf.

Our goal is to be your advocate during a difficult and uncertain time. Let us help you understand your rights and decide on the next chapter for your family. Contact us today and tell us your story. It costs nothing to get started, and you don’t pay unless we recover compensation for you.