You may be reading this page because the unimaginable happened to you. First and foremost, Attorney Kristen Lojewski is so incredibly sorry for your loss.
Losing someone you love, especially when it is the result of a preventable act and negligence caused by another person or a corporation's actions or inactions, is something nobody should have to go through. Not only are you heartbroken and devastated, but now you are likely faced with a financial burden too. Wrongful death cases can take both severe emotional tolls and a financial toll on those left behind.
As a mom and a wife, the thought of losing those closest to Attorney Kristen Lojewski is what keeps her up at night. She empathizes with what you are enduring and believes that you should be able to grieve this loss while she fights for you and your family. Share your story with Kristen and let her take some of this emotional burden away from you.
Wisconsin Wrongful Death
What is Wrongful Death?
When someone dies as a result of the negligence or misconduct of another person, you may have a wrongful death claim. In Wisconsin, a wrongful death case may be brought by the personal representative of the deceased person or by the person to whom the amount recovered belongs. If separate actions are brought for the same wrongful death claim, a Wisconsin court may require the wrongful death claims to be consolidated.
Who Can Bring a Wrongful Death Claim in Wisconsin?
Typically, the family of the deceased person, such as spouse, domestic partner, children, lineal heirs, or siblings may bring a wrongful death claim against the person at fault. Depending on how the wrongful death occurred, such as car accident, nursing home abuse, medical malpractice, also plays a factor into who is entitled to bring a wrongful death claim.
What Damages Can I Recover in a Wrongful Death Case in Wisconsin?
In a wrongful death claim, a plaintiff can seek compensation for things like:
- Loss of income / financial support
- Medical expenses prior to the death
- Funeral and burial expenses
- Pain and suffering prior to the death
- Loss of consortium
- Loss of companionship
- Loss prospect of inheritance
Wisconsin Caps on Damages
Tort reform started in the 1970s and was a movement spearheaded largely by insurance companies and corporations. Tort reform is a group of ideas that are designed to change the laws of the civil justice system. Often times, tort reform makes the litigation process more challenging for injured folks.
Wisconsin Statute 895.04 governs wrongful death actions in Wisconsin, and there are caps or "limits" on the amount of damages that can be recovered on wrongful death claims.
Damages for economic losses (such as medical expenses and funeral expenses) may be awarded to any person entitled to bring a wrongful death claim. But, "additional damages," these are the noneconomic damages, such as loss of society and companionship, are limited to:
- Up to $500,000 can be awarded for the death of a child.
- Up to $350,000 can be awarded for the death of an adult.
Common Causes of Wrongful Death Claims
Wrongful death claims in Wisconsin can occur from various negligent acts or inactions, such as:
- Car accidents, especially those involving drunk drivers
- Truck accidents involving 18-wheelers
- Motorcycle accidents
- Pedestrian accidents
- Medical malpractice, including birth injuries
- Product liability, meaning when a consumer is injured by a product, e.g, design defects, manufacturing defects, defective medical devices
- Airplane accidents, including wrongful death caused by pilot error, mechanical failures, weather conditions, and maintenance issues
- Nursing home neglect
- Workplace accidents or construction accidents, including deaths caused by falls, falling objects, improper training, or exposure to toxic substances
- Premise liability accidents, e.g., a slip and fall or another accident occurring on someone else's property
How Can a Milwaukee Wrongful Death Attorney Help?
At Lojewski Abuse & Injury Law, Attorney Kristen Lojewski provides compassionate, honest legal advice where you will be able to share your story. Your voice is heard here. If you choose to retain Kristen for your wrongful death case, she takes action with grit, creativity, and persistence and will guide you through every step of the way. Call Kristen today to Be Seen, Be Heard, Be Safe, and Be Championed.