The key differences between Minnesota and Wisconsin’s wrongful death laws involve who can file a claim and the types of damages that may be available. There are also a few procedural differences to consider. Both Minnesota and Wisconsin have a three-year statute of limitations to file a wrongful death claim, though fatal vehicle accidents in Wisconsin have a two-year statute of limitations.
The team at Bye, Goff & Rohde has represented families in both states in wrongful death lawsuits. We’d like to look at a few differences in these states’ laws for these kinds of claims as well as some similarities. We’ll then turn our attention to why you need our lawyers on your side for these kinds of complicated and emotionally draining claims.
If you need to speak with a lawyer about what happened to your loved one, our team is ready to listen. When you are ready to share your story with wrongful death attorneys who handle cases in Wisconsin and Minnesota, contact Bye, Goff & Rohde at (715) 425-8161 or complete an online contact form today. You have our sincerest condolences and full attention.
Who Can File a Wrongful Death Claim?
The biggest difference in wrongful death litigation in these neighboring states involves who is allowed to file a claim.
Who Can File a Wrongful Death Lawsuit in Minnesota?
In Minnesota, a wrongful death claim must be filed by a court-appointed trustee who acts on behalf of the surviving spouse and next of kin. Family members of the deceased will typically petition the court to appoint a trustee before the wrongful death case can proceed.
Who Can File a Wrongful Death Lawsuit in Wisconsin?
In Wisconsin, a wrongful death claim is generally filed by the personal representative of the deceased’s estate. This personal representative pursues compensation for the spouse, children, or other eligible beneficiaries.
Differences in Wrongful Damages
While the same kinds of damages are awarded in wrongful death claims in both states, there are two differences worth noting as they can affect the value of your claim.
- Wrongful Death Damages in Minnesota: In 2023, the state of Minnesota expanded its wrongful death laws to allow recovery for the decedent’s pain and suffering before death. This is in addition to traditional wrongful death damages.
- Wrongful Death Damages in Wisconsin: The state of Wisconsin has caps on certain types of non-economic damages, such as loss of society and companionship. These laws could limit the amount a family may recover in some wrongful death cases. Minnesota does not have such caps in place.
Common Damages in a Wrongful Death Lawsuit
In a wrongful death lawsuit, it’s common for a court-appointed trustee or the personal representative to seek damages for the following:
- Funeral and burial expenses
- Medical bills related to the final injury or illness
- Lost income, benefits, and financial support
- Loss of care, guidance, and companionship
- Cost of grief counseling and therapy
- Mental anguish and emotional distress
- Loss of society and companionship
When you meet with the lawyers at Bye, Goff & Rohde, we’ll review what happened and consider the long-term impact on your family’s future. We’ll also be able to provide you with a sense of how much your case could be worth.
Differences in Wrongful Death Statutes of Limitations
Both Minnesota and Wisconsin have slightly different statutes of limitations to file a wrongful death claim.
- Minnesota’s Wrongful Death Statute of Limitations: In Minnesota, you have three years from the date of your loved one’s death to file a wrongful death claim.
- Wisconsin’s Wrongful Death Statute of Limitations: In Wisconsin, you have two years to file a lawsuit for a fatal motor vehicle accident. For all other wrongful death claims, you have three years to file a lawsuit.
Once this time limit has passed, you will not be able to file a wrongful death claim.
There are a few exceptions to the respective statutes of limitations in each state. However, it’s always best to speak with a wrongful death lawyer as soon as possible. By reaching out to Bye, Goff & Rohde, you can find out if you have a claim. From there, we can start building a case and seeking compensation.
Comparative Fault in Minnesota and Wisconsin
Minnesota and Wisconsin have similar laws regarding partial fault in a fatal accident. This means that you can still receive compensation in a wrongful death case even if your loved one was partially to blame for what happened.
In Minnesota and Wisconsin, you can still seek wrongful death compensation as long as your loved one was 50% or less at fault in a fatal accident. The percentage of your loved one’s liability will be deducted from the overall compensation received.
Insurance companies will often try to shift as much blame as possible onto your deceased loved one to minimize payouts. The attorneys Bye, Goff & Rohde will focus on the facts of the case and make sure any fault is properly assessed.
Types of Wrongful Death Cases Our Lawyers Can Handle
Bye, Goff & Rohde can handle all kinds of fatal accident cases. Below are just a few kinds of cases we can help families with.
- Fatal Car Accident Claims: If you lose a loved one in a car wreck, we can make sure the other driver, the automaker, or other liable parties are held accountable. This includes seeking compensation after a drunk or intoxicated driving accident.
- Fatal Commercial Trucking Accident Claims: A collision with an 18-wheeler often results in fatal injuries. We can hold negligent truckers, trucking companies, and cargo loaders liable for their role in a fatal crash.
- Fatal Motorcycle Accident Claims: Motorcyclists are extremely vulnerable to catastrophic and fatal injuries even if they’re wearing a helmet. If you lose a loved one in a motorcycle crash, we can make sure the person or party responsible is held liable.
- Fatal Bike and Pedestrian Accidents: When bike and pedestrian accidents occur, the injuries are often severe. We can help families who’ve lost a loved one who was simply out for a ride or just trying to cross the street.
- Fatal Slip, Trip, and Fall Accidents: Major slip, trip, and fall accidents could be fatal, particularly if elderly individuals or great heights are involved.
- Fatal Farm and Agricultural Injuries: Working in agriculture can put your life at risk. When fatal farm and ranch accidents happen, our team can investigate what happened and make sure negligent parties are held accountable.
- Fatal Workplace Injuries: Many spouses and families believe that they are only eligible for death benefits through workers’ compensation after deadly on-the-job accidents. If a third party played a role in a workplace accident, you may be able to file a wrongful death claim against that party to supplement your death benefits.
- Fatal Aviation Accidents: Our law firm can help you seek compensation after fatal plane and aviation accidents, whether they involve commercial aircraft, private planes, or helicopters.
- Fatal Medical Errors: If you lose a loved one due to a surgical error or a failure to diagnose a terminal illness, we can file a medical malpractice lawsuit against the negligent doctor, surgeon, or healthcare facility.
Why You Need a Wrongful Death Attorney
Don’t go it alone. It’s important that you have one of the wrongful death lawyers at Bye, Goff & Rohde on your side throughout your case. Some of the benefits of having a lawyer on these kinds of cases include:
- Find Out If You Have a Valid Wrongful Death Claim: Our wrongful death attorneys can review what happened during a fatal accident and let you know if you qualify for a claim.
- Learn If You Can File a Claim in the State: In addition to assessing your claim, we can also look at Minnesota or Wisconsin laws that could affect who files the claim.
- Guidance Through the Legal Process: Wrongful death cases can be very complicated, particularly if there are multiple parties involved in the fatal accident. Our law firm can offer guidance through the process and answers whenever questions arise.
- Negotiation with Insurance Companies: Insurance companies may try to offer a lowball settlement in order to avoid a fair payout. Our attorneys can help negotiate a better settlement offer to address the loss you experienced.
- Emotional Support During a Difficult Time: Your lawyer can focus on deadlines, filings, gathering evidence, and building a case. This gives you time to achieve some peace of mind as you grieve, express your love for the departed, and make plans to move forward.
Why Choose Bye, Goff & Rohde for Your Wrongful Death Case
The people of Wisconsin know that they can trust Bye, Goff & Rohde. We have a decades-long reputation for advocacy and strong counsel in difficult cases. While no amount of compensation can bring your loved one back, it can hold negligent parties accountable and provide your family with some comfort as you plan for the future.
Serving Wisconsin and Minnesota Since 1974
Bye, Goff & Rohde has been around for decades because we focus on our clients, their loved ones, their lives, and their stories. We’ve represented people in Wisconsin and Minnesota for over 50 years.
More Than 215 Years of Combined Legal Experience
When you hire our law firm, you don’t just hire a single attorney. You hire an army. Our lawyers have more than 215 years of combined experience, and we will use that collective knowledge to build a strong case.
A Reputation for Great Legal Results
Our law firm has fought to secure maximum compensation for our clients. We encourage you to view our past verdicts and settlements to get a sense of what we can do for you after someone has caused a fatal accident.
Clients Don’t Pay Unless We Win
The loss of a loved one can be financially and emotionally devastating. To help patients in need, we accept cases on a contingency fee basis. That means clients don’t pay us anything unless and until we can secure a settlement or win damages in court.
Contact Our Wrongful Death Lawyers to Learn About Your Legal Options
The death of a loved one can have a lasting impact on your life, your household, and your future. You do not have to face these difficult and uncertain situations alone. Bye, Goff & Rohde is on your side and prepared to support you and help seek compensation.
When you’re ready to share your story, our lawyers will be here to listen. For a free consultation with our wrongful death lawyers, contact our Wisconsin law firm at (715) 425-8161 or complete an online contact form today.