Wrongful Death Settlements in Wisconsin

If you have been involved in a wrongful death in Wisconsin, understanding how the state's personal injury laws affect your claim is essential. Wisconsin follows the modified comparative fault (51% bar) system, and you have 3 years from the date of your injury to file a lawsuit.

Wrongful Death Settlement Range in Wisconsin

Nationally, wrongful death settlements range from $100,000 to $5,000,000. In Wisconsin, settlement values are influenced by the state's fault rules, damage caps, and local jury tendencies.

Low

$100,000

Estimated

$500,000

High

$5.0M

How Wisconsin Law Affects Your Wrongful Death Claim

Wisconsin uses a modified comparative fault system with a 51% bar under Wis. Stat. § 895.045, meaning plaintiffs who are more than 50% at fault cannot recover. The state caps non-economic damages in medical malpractice cases at $750,000. Wisconsin's major urban centers of Milwaukee and Madison produce the bulk of personal injury litigation, while rural areas tend toward more conservative verdicts.

Under Wisconsin's modified comparative fault (51% bar) system, your settlement may be affected if you share any responsibility for the accident. Your recovery will be reduced by your fault percentage, and you are barred from recovery if your fault reaches 51% or more.

Factors Affecting Wrongful Death Claims in Wisconsin

✓Decedent's age, income, and earning potential
✓Number and financial dependency of surviving beneficiaries
✓Circumstances and degree of negligence
✓Decedent's pain and suffering prior to death
✓Loss of consortium and companionship
✓Funeral and burial expenses
✓State wrongful death statute limitations

Common Wrongful Death Injuries

Fatal traumatic brain injuriesFatal spinal cord injuriesDeath from medical malpracticeFatal burns or smoke inhalationDeath from toxic substance exposureFatal internal injuriesDeath resulting from defective products

Relevant Wisconsin Statutes

•Wis. Stat. § 893.54 (statute of limitations)
•Wis. Stat. § 895.045 (modified comparative fault, 51% bar)
•Wis. Stat. § 893.587 (med mal non-economic cap)

Wrongful Death Claims in Wisconsin Cities

If your wrongful death occurred in Milwaukee, Madison, Green Bay, Kenosha, Racine, or anywhere else in Wisconsin, the same state laws apply. Local court systems and jury pools can also influence settlement outcomes.

Calculate Your Claim →← Wrongful Death Wisconsin Laws →

This information is for educational purposes only and is not legal advice. Consult a licensed personal injury attorney in your state.