Wisconsin Wrongful Death & Survival Claims

Separate the estate’s claim from wrongful death

Wis. Stat. § 895.01 provides for survival of specified causes of action, including damage to the person and property interests. Sections 895.03 and 895.04 address wrongful death. These frameworks concern different interests and must be coordinated. Identify the decedent’s potential claims, the personal representative, eligible family members and any existing probate proceeding before negotiating a combined release.

Identify the proper plaintiff and beneficiaries

Section 895.04(1) permits an action by the personal representative or the person entitled to the recovery. Subsection (2) contains the beneficiary sequence and protections for qualifying minor children where a spouse or domestic partner survives. If there is no surviving spouse or domestic partner, the statute directs recovery to lineal heirs and then, if none, siblings. Eligibility and allocation require the actual family circumstances.

Separate damage categories and limits

Section 895.04(4) addresses pecuniary injury and additional loss-of-society-and-companionship damages. The latter category is capped per occurrence at $500,000 for a deceased minor and $350,000 for a deceased adult, for the relatives specified in that subsection. These are category limits, not a statement that all wrongful-death damages are capped at those totals. Subsection (5) separately addresses reasonable medical and funeral expenses.

Protect minor children and coordinate settlement

Under § 895.04(2), a wrongful-death settlement where the deceased leaves children under 18 is void without the required court-of-record approval. The statute also addresses protected allocations and coordination of multiple actions. Preserve proof of relationships, dependency and support, income, services, expenses and pre-death injury. Review estate and family interests, liens, releases and court requirements together.

Use the motor-vehicle limitations provision

Wis. Stat. § 893.54(2m) states a two-year period after accrual for wrongful death arising from an accident involving a motor vehicle. Do not substitute the general three-year provision in subsection (1m). A survival claim, another underlying cause of action, tolling, government involvement or a different applicable law may require separate analysis. Identify all relevant dates promptly; this page does not determine accrual or an individual filing deadline.