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The death of a loved one is always a heart wrenching experience. If someone you love has been killed in an accident, the situation is even worse. When someone dies in an accident, survivors suffer significant personal and financial losses. In addition to losing the love and companionship of the deceased person, the survivors lose the deceased person's income and other financial contributions to the family, which often leads to major hardship.
In a wrongful death action, the survivors are entitled to recover for their financial losses including:
- Medical expenses incurred before the deceased died.
- Funeral and burial expenses.
- Lost income.
- The cost of replacing lost services (cleaning, home maintenance, car repair, child care).
- Loss of society and companionship.
Further, if the deceased person did not die immediately, and suffered before death, the person's estate is entitled to compensation for that suffering.
Who can bring a wrongful death suit? Wisconsin law allows the spouse of a deceased person to sue for his or her wrongful death. If the deceased person has no spouse, the deceased person's children or grandchildren may make a claim. If the deceased has no spouse, children or grandchildren, the deceased person's brother or sister may bring a wrongful death suit.
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