Losing someone you love is painful. Losing them because someone else was careless or negligent adds a weight no family should have to carry. At Nowlan Personal Injury Law, we help Wisconsin families pursue justice after wrongful deaths due car accidents, medical errors, workplace incidents, or other preventable tragedies.

Our compassionate wrongful death lawyers know the emotional and financial toll these cases take. That’s why our team goes the extra mile to help you secure the financial compensation your family needs to cover the loss and move forward.

Hire Us for Your Wrongful Death Claim

Wrongful death cases are not like other personal injury claims. The emotional weight is heavier, and the outcome affects not just the estate, but the entire family. At Nowlan Personal Injury Law, we take that responsibility seriously. We protect your peace of mind and help you get through one of the most difficult times of your life.

Here’s why families across Wisconsin choose our team to handle their wrongful death claims:

• Proven Experience with Fatality Cases: We have handled wrongful death cases involving fatal car accidents, medical malpractice, work-related deaths, and unsafe property conditions. These cases often involve multiple insurance companies, disputed liability, and the need for expert analysis. Our team knows how to investigate, prepare, and present claims that hold up in court or at the negotiation table.
• Focus on Emotional Impact: Wrongful death claims are about more than numbers. We work to show not just the financial loss, but the human cost. We help document the loss of companionship, guidance, and emotional support: losses that insurance companies often try to minimize. We build full, fact-based damage models that reflect the true impact on your family.
• Strong Track Record in High-Stakes Negotiations: Wrongful death cases often involve large insurance policies, corporate defendants, or hospital systems with dedicated legal teams. We’re strategic, persistent, and focused on securing a resolution that reflects the full value of your loss, without giving in to pressure tactics or early lowball offers.
• Access to Expert Witnesses: We work with economists, vocational experts, medical professionals, and grief specialists to quantify damages and make your legal claim stronger. These experts help us prove not only what was lost, but what that loss means for the people left behind.
• We Fight for the Full Value of Your Claim: Insurance companies often pressure families into quick settlements. We don’t accept less than what your case is worth. We push back against lowball offers and are fully prepared to go to trial if that’s what it takes to get a fair outcome. Your family’s future deserves more than the bare minimum.

Why You Should Hire a Wisconsin Wrongful Death Lawyer

Losing someone suddenly is devastating. When that loss is caused by another person’s actions (or failure to act) it’s even worse. A wrongful death attorney can file your claim against the at-fault party or parties and deal with insurance companies on your behalf. They will also investigate how the death occurred and who is legally responsible.

Insurance companies often act quickly to reduce their liability in fatal accident cases. Without legal representation, families may accept settlements that don’t cover the full extent of their loss. A skilled lawyer knows how to evaluate your case, identify all sources of compensation, and negotiate for a resolution that reflects both the financial and emotional impact on your family.

Wrongful death claims also involve strict legal standards. In Wisconsin, only certain family members are allowed to recover monetary damages, and the process must follow state law. A personal injury attorney helps you comply with those rules, whether your case involves a car crash, medical negligence, or another cause of death.

What Is a Wrongful Death Under Wisconsin Law?

In Wisconsin, a wrongful death occurs when a person dies as a result of someone else’s negligent or intentional actions. That can include:

• A driver running a red light and causing a fatal crash
• A hospital failing to diagnose or treat a condition correctly
• A property owner ignoring safety hazards that lead to a fatal fall
• A manufacturer selling a defective product that causes death

Wrongful death is a civil claim, not a criminal charge. That means the case is about financial compensation, not jail time. It’s separate from any criminal proceedings that may be happening at the same time.

Who Can File a Wrongful Death Claim in Wisconsin?

Wisconsin law limits who can bring a wrongful death suit. The following people are typically eligible:

• The personal representative of the deceased person’s estate
• The surviving spouse or domestic partner
• Children of the deceased
• Parents or legal guardians (in some cases)
• Other heirs, if no immediate family survives

If multiple family members are eligible, the court may become involved in how any settlement or award is divided.

The personal representative (also known as the executor or administrator) is the one who officially files the case. This person works with the attorney and makes sure that proceeds are distributed according to Wisconsin law.

Types of Compensation in a Wisconsin Wrongful Death Case

A wrongful death claim in Wisconsin allows surviving family members to recover financial and emotional losses caused by the death. These compensatory damages fall into two categories: economic and non-economic. 

Economic Damages

Economic damages reflect the direct financial losses related to the death. They’re based on documentation and may require input from medical providers, employers, and financial experts. Examples include:

• Medical expenses related to the final injury or illness, including emergency care, hospitalization, and treatment before death
• Funeral costs and burial expenses, including memorial services, transportation, and other end-of-life expenses
• Loss of future income the deceased would have earned and contributed to the household over their working life
• Loss of financial support, including benefits like health insurance or retirement contributions
• Loss of household services, such as childcare, cooking, cleaning, transportation, and care for elderly or disabled family members

Non-Economic Damages

• Non-economic damages address the personal and emotional harm caused by the death. These losses are harder to calculate but are no less important. Examples include:
• Loss of companionship, affection, and emotional support from a spouse, parent, or child
• Loss of care and guidance, especially for children who lose a parent
• Emotional distress and mental anguish experienced by close family members due to the sudden loss

In some wrongful death cases, Wisconsin law limits the amount of non-economic damages that can be awarded. These caps apply only in certain situations, such as medical malpractice wrongful death cases, where non-economic damages are capped at $500,000 for the death of a minor and $350,000 for the death of an adult.

There is no cap on non-economic damages in wrongful death cases involving motor vehicle accidents, falls, workplace incidents, or defective products. Every case must be evaluated individually to understand what types of damages apply and whether limits exist. An experienced attorney can calculate the full value of your claim, explain what is recoverable, and guide you through what to expect in settlement negotiations or trial.

Survival Claims vs. Wrongful Death Claims

In many cases, a wrongful death lawsuit is filed alongside a survival claim. While a wrongful death claim focuses on the losses of surviving family members, a survival claim seeks fair compensation for what the deceased person suffered before death. This can include:

• Pain and suffering experienced before passing
• Medical treatment between the injury and death
• Conscious pain or emotional trauma

The monetary damages from a survival claim become part of the deceased person’s estate and are distributed according to their will or Wisconsin’s inheritance laws.

Common Causes of Wrongful Death in Wisconsin

Wrongful death can happen in many ways. At Nowlan Personal Injury Law, we’ve handled cases involving the following preventable accidents.

• Fatal Car and Truck Accidents: From distracted drivers on I-90 to drunk drivers on rural roads, motor vehicle crashes are one of the most common causes of wrongful death. We represent families in fatal accidents involving passenger vehicles, motorcycles, semi-trucks, and pedestrians.
• Workplace Accidents: If someone dies on the job, there may be grounds for both a workers’ compensation death benefit and a wrongful death claim if third-party negligence caused the accident.
• Dangerous Properties: Slip-and-fall accidents, poor security, and unsafe construction zones can all lead to preventable deaths. In these cases, the property owner may be held liable.
• Defective Products: Manufacturers and sellers can be held responsible when their product causes a fatal injury. This includes vehicles, machinery, prescription drugs, medical devices, and household products.

How Long Do You Have to File a Wrongful Death Claim in Wisconsin?

Under Wisconsin Statute § 893.54, the general deadline to file a wrongful death claim is three years from the date of death. However, in some cases, such as wrongful death from a motor vehicle accident, the deadline may be just two years.

Missing the deadline can bar you from recovering any damages, even if the case is strong. If you’re unsure how the statute of limitations applies to your situation, contact our team as soon as possible. We’ll review your case and make sure your rights are preserved.

How Is a Wrongful Death Lawsuit Different From a Criminal Case?

Many people assume that if someone is responsible for a death, the matter will be handled entirely through the criminal justice system. While that may be true in some situations, a wrongful death claim is a separate legal process that falls under civil law, not criminal law.

A criminal case is brought by the government, typically through the district attorney or prosecutor’s office. The purpose of a criminal case is to punish the wrongdoer. Penalties can include jail time, probation, or fines. The state controls the case, and the victim’s family does not decide whether charges are filed or how the case moves forward.

A wrongful death action is a civil lawsuit filed by the family or the estate of the deceased. The goal is not punishment but financial compensation. This compensation helps cover losses such as medical bills, funeral expenses, lost income, and the emotional impact on surviving family members.

You can bring a wrongful death claim even if no criminal charges are filed. In fact, you can still file a civil claim if the defendant was acquitted in criminal court. That is because the legal standards are different. In a criminal case, guilt must be proven “beyond a reasonable doubt.” In a civil wrongful death case, you only need to prove the claim by a “preponderance of the evidence,” which means it is more likely than not that the defendant’s actions caused the death.

This lower burden of proof allows families to seek justice and accountability through the civil system, even if the criminal system does not lead to a conviction. A wrongful death attorney can help you understand how the two systems work together and whether a civil claim is appropriate in your case.

How Much Does It Cost to Hire a Wrongful Death Lawyer?

One of the most common questions families have after a fatal accident is whether they can afford legal representation. The answer is yes. At Nowlan Personal Injury Law, you do not pay anything upfront to hire us for a wrongful death case.

We work on a contingency fee basis, which means our payment is based on the outcome of your claim. You only owe attorney fees if we successfully recover compensation for your family through a fair settlement or a court verdict. This arrangement allows families to pursue justice without worrying about hourly rates, retainers, or out-of-pocket expenses during a time that is already financially and emotionally difficult. 

Before moving forward, we explain the fee agreement in writing so you understand exactly how it works. There are no surprises, and no pressure to make a decision before you are ready. Our goal is to make high-quality legal representation accessible to every family, regardless of financial circumstances.

Talk to a Wisconsin Wrongful Death Lawyer Today

If you lost a loved one due to someone else’s negligence, you have the right to hold them accountable. A wrongful death claim won’t undo the loss, but it can provide financial stability and a sense of justice during an incredibly difficult time.

At Nowlan Personal Injury Law, we are here to guide you with honesty, clarity, and compassion. We serve families across southern Wisconsin, including Janesville, Beloit, Madison, Sun Prairie and the surrounding communities. Call us today for a free, confidential consultation. There’s no pressure, and no cost to speak with an experienced lawyer. Let us help you move forward with the strength and support your family deserves.