Who may bring a claim
Wisconsin's wrongful-death statute sets an order of who may recover — generally a surviving spouse or domestic partner, then children, then parents, depending on the circumstances. A related survival claim can address what the person endured before death. These cases are legally and factually complex, and they deserve careful, personal handling.
Paul M. Marriett approaches wrongful-death matters with the sensitivity the loss demands and the diligence the law requires.
What a claim can address
Recovery may include medical and funeral expenses, lost financial support, and the loss of the relationship itself — what the law calls loss of society and companionship. Wisconsin places certain limits on some of these categories; Paul will walk your family through what applies.
Two claims after a wrongful death
Wisconsin law often recognizes two related but separate claims after a death caused by negligence, and it helps to understand the difference:
- The wrongful-death claim belongs to the surviving family and addresses their loss — lost support and the loss of the relationship.
- The survival claim stands in for the person who died and addresses what they endured — such as medical expenses and the pain and suffering before death.
Handled together, the two claims tell the full story of what the negligence caused. Paul M. Marriett explains which apply to your family's situation.
Situations that lead to a wrongful-death claim
A wrongful-death claim can arise whenever another party's negligence causes a death. The circumstances Paul most often sees include:
- Fatal car, truck, and motorcycle crashes;
- Pedestrian and bicycle fatalities;
- Deaths caused by unsafe property conditions;
- Neglect or abuse in a care facility.
Whatever the cause, the work is the same: establish what happened, who is responsible, and the full extent of the family's loss.
Time limits, handled with care
A fatal car or truck crash carries a shorter deadline than most people expect. Wisconsin generally allows three years to bring a wrongful-death claim, but when the death arises from an accident involving a motor vehicle, the deadline is two years (Wis. Stat. § 893.54(2m)). Claims involving a government vehicle or employee can require formal notice within just 120 days.
Because the shorter deadline applies to exactly the situation most families face, it is worth confirming your timeline early — even if you are not ready to decide anything else. Evidence is easier to preserve early, too. None of that changes the fact that grief comes first; Paul M. Marriett is glad to have an initial conversation whenever a family is ready, and there is no pressure to decide anything on the spot.
What a case costs
Cases like this are handled on a contingency-fee basis: no hourly bills, and the attorney fee comes out of any recovery. Clients may be responsible for litigation costs and expenses regardless of outcome — Paul M. Marriett explains exactly how that works, in writing, before you sign anything.
Frequently asked questions
Who can file a wrongful-death claim in Wisconsin?
Wisconsin's wrongful-death statute sets an order of who may recover — generally a surviving spouse or domestic partner, then children, then parents, depending on the circumstances. Paul can explain who holds the claim in your family's situation.
How long do we have to bring a wrongful-death claim?
It depends on how the death happened. Wisconsin generally allows three years, but when the death arises from an accident involving a motor vehicle the deadline is two years under Wis. Stat. § 893.54(2m). Claims involving a government vehicle can require formal notice within 120 days. Because the shorter deadline covers the most common situation, it is worth confirming your timeline early.
What can a wrongful-death claim recover?
Depending on the facts, recovery may include medical and funeral expenses, lost financial support, and loss of society and companionship. Wisconsin places certain limits on some categories, which Paul will walk you through.
Is a wrongful-death claim the same as a criminal case?
No. A wrongful-death claim is a civil matter brought by the family, separate from any criminal case the state may pursue. The two can proceed independently, and one does not depend on the other.
Will we have to go to court?
Many claims resolve without a trial, but a case that is prepared as if it may go before a jury is taken more seriously. Paul handles the process so your family can focus on each other.
How much does it cost to hire Paul for a wrongful-death case?
These cases are handled on a contingency-fee basis: no hourly bills, and the attorney fee comes out of any recovery. Clients may be responsible for litigation costs regardless of outcome, and Paul explains exactly how that works, in writing, before you sign.