Wrongful Death Caps on Society and Companionship in Wisconsin

By the FigureMyTax Editorial Team · How we calculate

Wisconsin treats the economic and emotional parts of a death claim very differently.

Pecuniary injury is uncapped

Judgment for damages for pecuniary injury from wrongful death may be awarded to any person entitled to bring a wrongful death action, and the personal representative can add medical and funeral expenses.

Society and companionship is capped

Additional damages not to exceed $500,000 per occurrence for a deceased minor, or $350,000 per occurrence for a deceased adult, for loss of society and companionship may be awarded to the spouse, children, parents, and siblings who were minors.

What it covers, and what it does not

The Wisconsin jury instruction for a child's loss of a parent defines society and companionship as the love, affection, care, protection and guidance the child would have received, and says it does not include the loss of monetary support or the grief and mental suffering caused by the parent's death.

How the limits grew

The Wisconsin jury instruction explains that the limit was raised from $150,000 to $350,000 for an adult and $500,000 for a minor by 1997 Wisconsin Act 89, and that it is a limit on recovery, not a measure of damages.

No punitive damages

A statutory annotation says punitive damages are not recoverable incident to damages for wrongful death.

Malpractice deaths

The jury instruction adds that in a death caused by malpractice, the wrongful death cap applies in place of the malpractice cap, not in addition to it; a Wisconsin firm summarizes that pre-death pain and suffering remains under the $750,000 malpractice cap.

This is general information, not legal advice, and the state comparisons above are illustrative, not an exhaustive survey. Confirm how Wisconsin's rules apply to your specific case with a licensed Wisconsin attorney.