Wausau Wrongful Death Attorneys

Losing a loved one is a weight that no words can lighten. When that loss is sudden and preventable, the grief is often compounded by a sense of deep injustice. Many families feel overwhelmed by the emotional weight of the loss and the unexpected financial concerns, unanswered questions, and uncertainty about what to do next.

At Bye, Goff & Rohde, we understand that no amount of financial compensation can ever replace a person who meant the world to you. However, the legal system provides a path to hold responsible parties accountable and ensure that your family is not left to carry the heavy financial burden of someone else’s mistake. For a free consultation with our Wausau wrongful death attorneys, call (715) 425-8161 or contact Bye, Goff & Rohde online.

What Counts as a Wrongful Death in Wisconsin?

Under Wisconsin law, a wrongful death occurs when a person dies because of another party’s wrongful act, neglect, or failure to act responsibly. If the person who passed away (referred to legally as the decedent) would have been entitled to file a personal injury lawsuit had they survived, then a wrongful death claim likely exists.

A wrongful death is not always about a deliberate act of violence or malice. In fact, most cases we see in Wausau are rooted in negligence. Negligence happens when someone fails to act with the level of care that a reasonable person would have used in the same situation. This could be a distracted driver, a property owner who ignored a dangerous staircase, or a corporation that put a defective product on the shelves.

The Elements of Negligence

To prove a wrongful death case in Wisconsin, your wrongful death lawyer generally needs to establish four things:

Duty of Care: The responsible party had an obligation to act safely. For example, drivers must follow traffic laws, doctors must provide competent medical care, and property owners must maintain reasonably safe premises.
Breach of Duty: The person or company failed to meet that responsibility. This could involve distracted driving, ignoring safety hazards, or failing to follow medical standards.
Causation: The breach of duty directly caused the fatal injury.
Damages: The death resulted in measurable losses for the surviving family members.

These elements form the foundation of most wrongful death claims.

Wrongful Death vs. Survival Claims

A survival action often accompanies a wrongful death claim. There is a key difference between these two legal actions:

Wrongful death claims compensate the family for their losses, such as funeral costs and loss of companionship.
Survival actions seek damages for medical bills and pain and suffering the deceased person endured between the time of the injury and the time of their death.

The estate typically recovers these damages and distributes them according to the will or applicable inheritance laws. Understanding this distinction can help families better understand why multiple legal claims may arise from the same incident.

Who Can File a Wrongful Death Claim and How the Case Is Brought

Wisconsin law is very specific about who can file a lawsuit after a fatal accident. Unlike some states where any relative can sue, Wisconsin follows a strict hierarchy. Under Wisconsin Statute § 895.04, the following individuals can pursue compensation through a wrongful death lawsuit in Wausau:

The Surviving Spouse or Domestic Partner: They are first in line. If the person was married, the spouse holds the exclusive right to bring the claim.
Children of the Deceased: If there is no surviving spouse, the right to file passes to the adult and minor children.
Parents of the Deceased: If there is no spouse and no children, the parents are next in line.

Siblings or Other Close Relatives in Certain Situations: In specific situations where there are no surviving spouses, children, or parents, brothers and sisters may have the right to file.
Dependents Who Relied on the Deceased for Financial Support: The law also protects those who were financially dependent on the deceased, even if they are not the primary person filing the suit.

The Role of the Personal Representative

Usually, the personal representative (formerly known as an executor) of the deceased person’s estate is the one who technically files the claim on behalf of the eligible family members. If your loved one did not have a will or name a representative, the court in Marathon County can appoint a special administrator to handle these legal matters. Our Wausau wrongful death attorneys often help families navigate this probate process so the lawsuit can move forward smoothly.

Common Causes of Wrongful Death Cases

Fatal accidents can occur in many settings throughout Wausau and the surrounding Wisconsin River Valley. While every situation is unique, certain types of incidents appear more frequently in wrongful death claims.

Car Accidents: Busy roadways such as I-39, Highway 51, Grand Avenue, and Stuart Avenue experience heavy traffic and can become dangerous when drivers speed, drive while distracted, or operate vehicles while impaired. Our car accident lawyers help families seek justice after fatal accidents.
Semi-Truck Accidents: Collisions involving semi-trucks and commercial vehicles often result in catastrophic injuries. These cases may involve multiple responsible parties, including the driver, trucking company, maintenance providers, or vehicle manufacturers.
Medical Malpractice: We trust our local hospitals and clinics to provide a certain standard of care. When a surgical error, misdiagnosis, or medication mistake leads to a loss of life, it is a profound betrayal of that trust.
Workplace Accidents: From construction sites to manufacturing plants, workplace safety is paramount. If a contractor or a third-party equipment manufacturer fails to maintain safety standards, a wrongful death can occur on the job.
Defective Products: Sometimes the danger is inside the home. A faulty heater, a dangerous toy, or a malfunctioning car part can cause a fatal incident. In these cases, we hold the manufacturers and distributors accountable for putting profits over people.
Unsafe Property Conditions: Property owners are responsible for maintaining reasonably safe premises. Fatal incidents can result from fires, structural hazards, inadequate security, or dangerous conditions that were not properly addressed.

What Damages Are Available in a Wisconsin Wrongful Death Case?

Wrongful death compensation addresses the financial and personal losses that surviving family members experience. Wisconsin law outlines the damages families can recover.

Economic Damages

These are the tangible, measurable financial losses associated with the death. They can include:

Medical expenses related to the final injury
Funeral and burial costs
Loss of income the deceased would have earned
Loss of benefits such as health insurance or retirement contributions
Loss of household services that the deceased provided

Calculating these damages often involves reviewing employment history, earning potential, and the long-term financial impact on surviving family members.

Loss of Society and Companionship

Wisconsin law also recognizes the emotional impact of losing a loved one. Loss of society and companionship damages compensate family members for the loss of love, care, guidance, support, companionship, and protection. Wisconsin law places limits on these damages. Currently, the cap is:

$350,000 for the death of an adult
$500,000 for the death of a minor child

These caps apply only to non-economic damages for loss of companionship and do not limit recovery for economic losses.

Survival Claim Damages

When the deceased experienced conscious pain and suffering before death, the estate can recover additional damages. These damages may include compensation for the pain, emotional distress, and medical treatment experienced prior to death.

Key Deadlines and Time Limits for Filing

When dealing with a legal claim, time is of the essence. There is a strict statute of limitations during which you must file a lawsuit. If you miss this window, you can lose your right to recover compensation. Under Wisconsin Statute § 893.54, the timelines are generally as follows:

General Wrongful Death: For most cases involving negligence, you have three years from the date of the incident to file.
Motor Vehicle Accidents: If the death was caused by a car, truck, or motorcycle accident, the legal deadline is shorter. You only have two years to file a wrongful death claim.

While two or three years might seem like a long time, the deadline can approach faster than many families expect. Evidence disappears, witnesses’ memories fade, and video footage is often deleted. This is why it’s best to contact a Wausau wrongful death lawyer as soon as possible. Starting the investigation early allows us to preserve valuable evidence.

How a Wrongful Death Attorney Helps Your Family Through the Process

Many families wonder whether they really need an attorney or whether they should just try to work with the insurance company directly. The reality is that insurance companies are businesses. Their goal is to pay out as little as possible. When an accident involves a death, the financial stakes are high, and insurers often use various tactics to minimize your claim’s value. Here is how Bye, Goff & Rohde steps in to help:

Conducting a Thorough Investigation: We secure vital evidence, such as dashcam footage, cell phone records, and electronic data from vehicles, before it is lost or destroyed.
Identifying All Responsible Parties: We determine if a trucking company, a vehicle manufacturer, or even a government entity shares liability alongside the primary driver.
Managing Insurance Communications: We handle the phone calls and negotiations with insurance adjusters so they do not pressure you into making statements or accepting lowball offers while you are still processing your loss.
Calculating the Full Value of the Claim: We work with economists and vocational experts to put a precise dollar amount on your family’s financial losses, including future lost wages, retirement benefits, and the value of household services.
Negotiating a Settlement or Filing a Lawsuit: While we strive for a fair settlement that avoids the stress of court, we prepare every case for trial to let the opposing side know we are ready to fight for you in front of a jury.
Providing Guidance During a Difficult Time: Beyond the legal paperwork, we offer a steady hand to help you navigate the probate process and the complex family dynamics that often arise during these high-stakes cases.

Contact Our Wrongful Death Lawyers in Wausau, WI

The Wausau wrongful death attorneys at Bye, Goff & Rohde are here to stand beside you, providing the steady guidance and compassionate advocacy you need during the most difficult chapter of your life. Our goal is to shoulder the legal burden so your family can focus on healing. For a free case review, call (715) 425-8161 or contact Bye, Goff & Rohde online.

Frequently Asked Questions About Wrongful Death Lawsuits

How is wrongful death compensation distributed among family members in Wisconsin?

Distribution depends on the relationship to the deceased.

If there is a surviving spouse and no children, the spouse receives the recovery.
If there are children, the court has the discretion to set aside up to 50% of the recovery for the care and education of minor children.

Our role is to help ensure that the distribution is fair and complies with legal requirements to protect the most vulnerable family members.

What if my loved one was partially at fault—can we still recover damages?

Yes, potentially. Wisconsin follows a comparative negligence rule. As long as your loved one was 50% or less at fault, you can still recover damages. However, the court will reduce the total award by the percentage of their fault.

For example, if the total damages are $100,000 but your loved one was 20% at fault, the recovery would be $80,000.

Are there caps on “loss of society and companionship” damages in Wisconsin wrongful death cases?

Yes. Wisconsin law currently caps these non-economic damages. For the death of an adult, the cap is $350,000. For the death of a minor child, the cap is $500,000. These caps apply only to the society and companionship portion of the claim. There is no cap on economic damages, such as lost wages or medical bills.

Do most wrongful death cases settle, or do they typically go to trial?

Most wrongful death claims settle out of court. A settlement provides the family with certainty and closure without the stress of a public trial. However, we prepare every case as if it is going to trial. By showing the insurance company that we are ready and willing to argue your case in front of a jury, we often secure much higher settlement offers.