The preventable loss of a loved one can be overwhelming. Along with grief and mental anguish come financial stress and anxiety.
If you’ve lost a family member in Wisconsin due to someone else’s negligence, you deserve clear answers about Wisconsin wrongful death damages caps and what compensation the law allows you to seek.
The short answer: Wisconsin limits certain types of wrongful death damages (monetary awards) to $350,000 for a deceased adult or $500,000 for a minor. But some types of losses aren’t subject to any cap at all.
At LawtonCates, our experienced and compassionate attorneys have helped South Central Wisconsin families with wrongful death lawsuits for more than 65 years.
A knowledgeable attorney can help you understand how the wrongful death compensation limit in Wisconsin applies and how our law firm can help you pursue full compensation. Contact us to learn more in a free consultation.
Having experienced legal representation can make all the difference.
What Is Capped and What Isn’t in a Wisconsin Wrongful Death Claim?
Wisconsin’s wrongful death statute divides wrongful death compensation into two categories, and only one has a cap. The first category addresses economic losses, including:
- Lost wages and financial support the deceased would have provided
- Medical bills tied to the fatal injury
- Funeral expenses and burial costs
- Loss of household services
Economic damages are not subject to any statutory cap, and they often make up the largest share of a bereaved family’s total financial recovery.
The other category, loss of society and companionship in Wisconsin, covers non-economic losses, such as the loss of your loved one’s affection, guidance, and emotional support.
This category of damages is capped at $350,000 per occurrence for an adult or $500,000 for a mi-nor. If a Wisconsin jury awards more compensation than the law allows, the court must re-duce the award to the cap amount, regardless of how compelling the evidence is.
Who Can Recover the Capped Damages?
Wisconsin law specifies which relatives of a deceased person may pursue loss of society and companionship compensation.
Surviving spouses or domestic partners and the deceased’s children are first in line, followed by the deceased’s parents. Siblings can recover only if they were minors at the time of death.
One important exception applies to parents of minor children.
In Estate of Hegarty v. Beauchaine, the courts determined that parents of deceased minors have grounds for separate, uncapped claims for the loss of society and companionship they suffered before their children’s deaths.
These pre-death claims exist apart from claims for post-death loss of society and companionship, which are subject to caps.
This distinction can significantly affect a fam-ily’s total recovery. It’s the kind of detail that is easy to overlook if you do not have a lawyer who understands the nuances of Wisconsin wrongful death law.
Why Has the Cap Stayed at $350,000/$500,000 Since 2011?
In Neiman v. American National Property & Casualty Co., the Wisconsin Supreme Court struck down a legislative attempt to raise the cap retroactively for cases already pending.
As a result, the cap in effect at the time of your loved one’s death generally controls the case, regardless of any later statutory changes.
Families pursuing wrongful death claims today should expect the current figures to apply, absent new legislative changes specific to their case timelines.
Does a Different Rule Apply to Medical Malpractice Deaths?
Yes. Deaths caused by medical malpractice don’t follow the standard wrongful death cap. In-stead, Jelinek v. St. Paul Fire & Casualty Insurance Co. established that medical malpractice deaths fall under a separate framework, with different non-economic damages limits and a different set of eligible claimants under Wisconsin’s medical malpractice statutes.
If your loved one’s death involved a hospital, physician, or other healthcare provider, don’t assume the standard cap applies to your case. Ask a lawyer who handles wrongful death and medical malpractice claims to review the facts specific to your situation.
Why Choose LawtonCates for Your Wisconsin Wrongful Death Case?
Insurance companies and defense attorneys know which law firms will settle quickly and which ones fight for the full value of every personal injury claim and wrongful death action.
For over six decades, LawtonCates has built a reputation across South Central Wisconsin as a law firm that seeks real results and prepares every case as if it is headed to trial. Our legal team has previously secured:
- A $2.875 million wrongful death settlement for a family that lost a loved one in a Winnebago County motor vehicle accident
- A $2.3 million settlement in a federal tort claim wrongful death case
- A $1.3 million settlement in another wrongful death case
Past results do not guarantee a similar outcome in any future case. Each wrongful death case depends on its own facts.
Our clients notice the difference in our approach. As one former client put it:
“It was an individual, extensive case and I was very pleased with the results. Kent and his team took it upon themselves to learn our business and the case to come up with the outcome we wanted to have.”
– Tim
How Can LawtonCates Help Maximize Your Recovery?
If your wrongful death claim is successful, much of the compensation awarded typically will be to address economic losses, such as medical expenses, lost income, and financial support your loved one provided the household. Thorough documentation of those losses is critical.
Insurance companies often underestimate these losses, particularly projected future losses of income and support. An experienced wrongful death lawyer knows how to counter insurance company tactics. The team at LawtonCates can help you demand a full and fair recovery by:
- Thoroughly documenting all economic losses, including lost income and household ser-vices
- Identifying every eligible claimant under Wisconsin’s wrongful death law
- Consulting medical, financial, and vocational specialists to project future losses accurately
- Negotiating aggressively with insurers and going to court if necessary to pursue your claim
Contact Our Wisconsin Wrongful Death Lawyers for a Free Case Review
Every wrongful death case demands strong evidence.
At LawtonCates, we maintain established relationships with local medical professionals, financial and vocational experts, and accident reconstruction specialists.
Our law firm has the resources to investigate your loved one’s preventable death and build the strongest possible case for compensation for your fam-ily.
No one should face the legal process alone after a devastating loss.
Contact LawtonCates today for a free consultation to discuss your legal options. Our Wisconsin wrongful death lawyers handle every wrongful death case on a contingency-fee basis.
There is no legal fee un-less we recover compensation for your family.