A Death Somebody Caused
Wis. Stat. 895.04 — who recovers, the caps on loss of society, and three years
In Wisconsin, when a death is caused by a wrongful act, neglect or default that would have let the injured person sue had they lived, the person who would have been liable is liable to an action for damages, for a death caused in this state.
Who brings it, and who receives it. The personal representative or the person to whom the recovery belongs may bring the action. The recovery goes to the spouse or domestic partner, then the lineal heirs, then brothers and sisters. Where a spouse or domestic partner and minor children survive, the court may set aside up to 50 percent of the net recovery for the children.
- Damages for pecuniary injury may go to anyone entitled to bring the action.
- For loss of society and companionship, additional damages of not more than $500,000 per occurrence for a deceased minor, or $350,000 for a deceased adult, to the spouse, children or parents, or to siblings who were minors at the time of death.
- Medical and funeral expenses, including burial costs, to whoever paid or assumed them.
Three years, or two for a motor vehicle death. An action for a death caused by the wrongful act, neglect or default of another is commenced within 3 years, but within 2 years if it arises from an accident involving a motor vehicle.
| The question | The statute's answer |
|---|---|
| The questionWho files | The statute's answerThe personal representative, or the person to whom the recovery belongs |
| The questionIs loss of society capped | The statute's answerYes: $500,000 for a deceased minor, $350,000 for a deceased adult, per occurrence |
| The questionHow long | The statute's answer3 years, or 2 years for a death from a motor vehicle accident |
Comparative negligence reductions, settlement approval for minor children and the estate's own claim are not all on this page. Whether a particular death gives rise to an action, and who should bring it, are questions for a licensed Wisconsin attorney.
Sources for this section (3)
- Wis. Stat. 895.03 — Recovery for death by wrongful act
- Wis. Stat. 895.04 — Plaintiff in wrongful death action
- Wis. Stat. 893.54 — Injury to the person
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Wisconsin attorney.