Losing a loved one is a traumatic experience, especially if their death was caused by someone else’s negligence. Wrongful death claims allow surviving family members to seek compensation for their loss. However, not everyone can file such a claim.
Spouse or domestic partner
A surviving spouse or domestic partner has the legal right to file a wrongful death claim. They are considered the primary person who can seek compensation for the loss of their partner. The law recognizes the emotional and financial impact on the surviving spouse, so they are eligible to recover damages such as loss of companionship, financial support, and funeral expenses.
Children and parents
If the deceased person did not have a spouse or domestic partner, their children can step in to file a wrongful death claim. Children of all ages, including adult children, are eligible to pursue this action. In the case where no children exist, the deceased’s parents may be able to file the claim. They can seek damages for the loss of their child, though the compensation may vary depending on the specific circumstances of the case.
Siblings and other relatives
Siblings or other close family members are generally not allowed to file a wrongful death claim unless they can prove they were financially dependent on the deceased. However, this is quite rare, and it often requires evidence showing that the deceased person provided significant financial support to the relative filing the claim.
Personal representative of the estate
If no immediate family members are able or willing to file a claim, the personal representative of the deceased’s estate may be able to do so. This person, appointed through the probate process, has the authority to file a wrongful death claim on behalf of the estate and the surviving family members. They will typically seek compensation for damages to the estate, including funeral costs and any loss of future earnings.
Understanding who can file a wrongful death claim in Wisconsin is essential for those who believe they have the right to pursue such a case. If you are a surviving spouse, child, or other relative who has lost a loved one due to another’s actions, it is important to know your rights and options under the law.