One common misconception families face after losing a loved one is the belief that they cannot pursue a wrongful death lawsuit if the deceased was not employed at the time of their death. Surviving family members may assume that without lost wages to claim, there are no damages to pursue.
This is simply not true. Wisconsin wrongful death laws recognize that a person’s life has value far beyond their paycheck. Whether the deceased was retired, a child, a stay-at-home parent, unemployed, or disabled, surviving families still have the right to seek compensation.
At Lindner Law, LLC, we often help families understand their rights after tragedy. This guide explains the truth about wrongful death claims, dispels the myth about employment status, and shows what damages may be available under Wisconsin law.
The Myth: Wrongful Death Lawsuits Only Apply to Wage Earners
It is a common misunderstanding that wrongful death claims only exist to replace a deceased person’s income. In reality, wrongful death law is broader than that. Compensation is meant to account for all losses suffered by surviving family members — not just lost wages.
A life has value whether or not a person was working at the time of their death.
Wisconsin Wrongful Death Law Explained
Wrongful death cases may involve two separate and distinct claims. This guide deals specifically with Wisconsin’s statutory wrongful death claim for family members. In some cases, the deceased’s estate also has a separate potential personal injury claim for the deceased’s injuries, medical bills and conscious pain and suffering endured prior to death. It is very important to contact an experienced wrongful death attorney to ensure that you and your family are fully compensated under both claims.
Under Wisconsin Statute § 895.03, a wrongful death claim exists when a person’s death is caused by another party’s negligent or wrongful act. Eligible claimants may include:
- A surviving spouse or domestic partner
- Children of the deceased
- Parents of a minor child
- Other close family members in certain circumstances
Types of Losses Families Can Recover
Importantly, the law does not limit claims to individuals who were employed. The focus is on whether the death was caused by negligence and what losses the surviving family has suffered.
Even if the deceased had no job or income, families may still recover compensation for other damages, including:
- Pecuniary Loss: Any financial loss sustained by the surviving claimant as a result of the decedent’s death, not just actual earnings. For example, the value of household services where the deceased spouse provided services such as cooking, cleaning, household management and essential childcare.
- Loss of Future Earnings: If the deceased was not working at the time of death, but has an established prior work history or a demonstrated earning capacity, a surviving spouse is entitled to compensation equal to the value of the financial support and protection that the deceased would have furnished during his or her life expectancy.
- Funeral and burial expenses: Costs that often place financial strain on families.
- Loss of companionship and society: Recognizing the emotional void left by a loved one’s death.
- Loss of guidance and support: Particularly significant when a child loses a parent or a spouse loses a life partner.
- Emotional suffering: Surviving family members may be compensated for their grief and mental anguish.
Examples of Non-Working Individuals Covered by Wrongful Death Claims
Wrongful death lawsuits are not limited to people with jobs. Families may still pursue claims in cases such as:
- Children: Parents may seek compensation for the loss of companionship and future financial contributions of a child.
- Retirees: The absence of income does not diminish the emotional and social support a grandparent or older spouse provided.
- Stay-at-home parents: Their caregiving and household services have immense value, even if unpaid.
- Disabled or unemployed individuals: Their presence and companionship still matter deeply to loved ones.
Every life has value, and Wisconsin law reflects that.
Damages in Wisconsin Wrongful Death Cases
Wisconsin places limits on certain types of damages, but recovery is still available. For example:
- Loss of society and companionship: Capped at $500,000 for a minor child’s death and $350,000 for an adult’s death.
- Economic damages: Funeral expenses and other measurable costs have no statutory cap.
- Punitive damages: In rare cases, may be awarded if the at-fault party acted with malicious intent or an intentional disregard for the deceased persons’s life
These damages apply regardless of the deceased’s employment status.
Why Families Should Not Assume They Have No Case
The myth that wrongful death claims are only for wage earners can stop families from seeking justice they are entitled to. In many cases, families have received significant compensation even though the deceased was not working. Courts and juries understand that emotional and practical losses extend far beyond income.
How Lindner Law, LLC Helps Families
The aftermath of a wrongful death is overwhelming. Families often struggle with grief, financial stress, and uncertainty about legal rights. At Lindner Law, LLC, we provide compassionate guidance and strong advocacy by:
- Investigating the cause of death and identifying all liable parties.
- Working with experts to quantify both economic and non-economic losses.
- Filing claims on behalf of eligible family members.
- Pursuing maximum compensation, whether through negotiation or trial.
Our attorneys understand that no amount of money can replace a loved one, but financial recovery can provide security and accountability in the face of tragedy.
Seeking Justice Beyond Employment Status
Wrongful death lawsuits in Wisconsin are not limited to working individuals. Families may pursue compensation for emotional, financial, and household losses regardless of whether the deceased earned a paycheck.
If you have lost a loved one due to someone else’s negligence or carelessness, , do not let misconceptions stop you from exploring your rights. Lindner Law, LLC is here to help families throughout Wisconsin seek justice and hold negligent parties accountable.
