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Wis. Stat. § 895.031

Recovery from estate of wrongdoer

Applied in 1 court decision — leading case 353 Wis. 2d 619 - Sharon R. Waranka v. Wadena Insurance Company (2014)

Most recently applied in 353 Wis. 2d 619 - Sharon R. Waranka v. Wadena Insurance Company (June 2014)

1993 a. 486; 2001 a. 102.

If the death of a person is caused by a wrongful act or omission committed in this state that, if death had not ensued, would have entitled the injured party to maintain an action and recover damages and the wrongdoer dies prior to the time of the death of the injured person, the wrongdoer shall be liable for damages notwithstanding either death. Any right of action against a deceased wrongdoer under this section shall be enforced by bringing an action against the deceased wrongdoer’s personal representative.

Official source: Wisconsin State Legislature. Reproduced from public-domain Wisconsin statutes; confirm against the official source for the current text. Not legal advice.