Wisconsin is one of the few states that caps non-economic wrongful death damages by statute — $500,000 for a minor and $350,000 for an adult under Wis. Stat. § 895.04 — but imposes no cap on pecuniary damages, making the economic loss calculation the most critical element of every wrongful death case.
Under Wis. Stat. § 895.04, wrongful death actions may be filed by the personal representative, surviving spouse or domestic partner (priority), minor children, lineal heirs, or siblings. Wisconsin imposes a statutory cap on non-economic damages (loss of society and companionship): $500,000 for a deceased minor, $350,000 for a deceased adult. There is no cap on pecuniary damages. Motor vehicle wrongful death has a shorter two-year SOL under Wis. Stat. § 893.54(2m), compared to three years for general wrongful death under § 893.54(1m)(b).
Wisconsin has two different statutes of limitations for wrongful death depending on the cause. General wrongful death — including medical malpractice, premises liability, and product liability — has a three-year SOL under Wis. Stat. § 893.54(1m)(b). Motor vehicle wrongful death — including car, truck, and motorcycle fatalities — has a shorter two-year SOL under § 893.54(2m). The distinction is critical: a family that loses a member in a truck crash has one year less to file than a family that loses a member to a defective product. The motor vehicle two-year deadline catches families off guard because three years is the more commonly cited Wisconsin SOL.
Wisconsin's statutory cap on non-economic damages in wrongful death cases is one of the most significant limitations in the country. Under Wis. Stat. § 895.04, loss of society and companionship damages are capped at $500,000 for a deceased minor and $350,000 for a deceased adult. These caps apply per occurrence, not per claimant. There is no cap on pecuniary damages — lost earning capacity, lost services, medical expenses, and funeral costs are fully recoverable. The practical effect: in every Wisconsin wrongful death case, the economic loss calculation is the most critical element. A forensic economist who can document the decedent's lifetime earning trajectory, benefits, household services, and financial contributions to dependents determines the size of the uncapped portion of the award.
Under Wis. Stat. § 895.04, wrongful death actions may be filed by the personal representative, the surviving spouse or domestic partner (who has priority), minor children, lineal heirs, or siblings. The priority structure matters when multiple eligible plaintiffs have conflicting interests — a surviving spouse and adult children from a prior marriage, for example, may disagree on settlement strategy. Wisconsin's modified comparative negligence rule under Wis. Stat. § 895.045 applies to wrongful death with a 51% bar: if the decedent's fault exceeds the combined fault of all defendants, the family recovers nothing.
If a government entity caused the death, Wis. Stat. § 893.80 imposes the 120-day written notice requirement plus a separate itemized claim. After disallowance (or 120 days deemed disallowed), the claimant has 6 months to file suit. The 120-day window runs from the date of the event — in a wrongful death case, that may be the date of the crash or incident, not the date of death. Clarifying the accrual date is essential for government wrongful death claims.
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The legal information on this page is for general educational purposes only and is not legal advice. Laws change, and every case is different. Always consult with a licensed attorney in your state to verify the current law and how it applies to your specific situation.
It depends on the cause. Motor vehicle wrongful death: two years under Wis. Stat. § 893.54(2m). General wrongful death (medical malpractice, premises liability, product liability): three years under § 893.54(1m)(b). If a government entity was involved, written notice is due within 120 days under Wis. Stat. § 893.80.
Yes — on non-economic damages only. Wis. Stat. § 895.04 caps loss of society and companionship at $500,000 for a deceased minor and $350,000 for a deceased adult, per occurrence. There is no cap on pecuniary damages (lost earning capacity, medical costs, funeral expenses, lost services). The economic loss calculation determines the uncapped portion of the award.
Under Wis. Stat. § 895.04: the personal representative, the surviving spouse or domestic partner (priority), minor children, lineal heirs, or siblings. When multiple eligible plaintiffs exist, the priority structure and potential conflicts (e.g., surviving spouse vs. adult children from prior marriage) must be addressed early.
Yes. Wisconsin's 51% comparative fault bar under Wis. Stat. § 895.045 applies to wrongful death. If the decedent's fault exceeds the combined fault of all defendants, the family recovers nothing. Early evidence preservation — dashcam footage, EDR data, witness statements, toxicology — is critical because the decedent cannot testify.
All legal information on this page is sourced from primary government statutes. Last verified 2026-04-07.
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