Who Can File a Wrongful Death Claim in Wisconsin

By the FigureMyTax Editorial Team · How we calculate

Wisconsin allows either the personal representative or the beneficiary to sue, and keeps the class narrow.

Who sues

Under Wis. Stat. 895.04(1), an action may be brought by the personal representative of the deceased or by the person to whom the amount recovered belongs. If the personal representative sues, it may also recover reasonable medical and funeral expenses under 895.04(5).

Who recovers society and companionship

Additional damages for loss of society and companionship may be awarded to the spouse, children or parents of the deceased, or to the siblings of the deceased if the siblings were minors at the time of the death.

A narrow class

A Wisconsin firm summarizes that other family members are not allowed to recover under the wrongful death statute. Court annotations also address adult children and parents; confirm your situation with an attorney.

One lawsuit

Only the personal representative's action may proceed unless actions are consolidated so a single judgment protects all defendants.

Settlements

A secondary summary says every settlement in a wrongful death case where the deceased leaves minor children under 18 is void unless approved by a court; confirm the current rule.

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.