Wisconsin Statutes

Wis. Stat. § 895.031 (2026)

Recovery from estate of wrongdoer

✓ current as of July 2026

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895.031895.031 Recovery from estate of wrongdoer. 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.

895.031 HistoryHistory: 1993 a. 486; 2001 a. 102.

Notes of Decisions

Cited in 2 cases, 1995–2014 · leading case: Sharon R. Waranka v. Wadena Ins. Co., 2014 WI 28 (Wis. 2014).

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Sharon R. Waranka v. Wadena Ins. Co., 2014 WI 28 (Wis. 2014). · cites it 2× “03 , since their passage statutes have been inserted between the two: Wis. Stat. § 895.031 Recovery from estate of wrongdoer (created in 1937); Wis.”

State Ex Rel. Angela M.W. v. Kruzicki, 541 N.W.2d 482 (Wis. Ct. App. 1995). · cites it 3× “With minor variances, Wisconsin's current wrongful-death statute, § 895.031, STATS., mirrors the statute examined by the Kwaterski court.”

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