895.03 and another state’s wrongful death statute applies, the terms and limitations in this section do not apply. Waranka v. Wadena Insurance Co., 2014 WI 28, 353 Wis. 2d 619, 847 N.W.2d 324, 12-0320. “Surviving spouse” in sub. (2) does not always simply mean any living spouse of the deceased. A careful reading of sub. (2) makes it clear that the trial court, in an attempt to protect the children, must work from the amount recovered by the spouse who is charged with the support of the minor children. In order to avoid an absurd, unreasonable result contrary to the legislative purposes of the wrongful death statutes, under the unique facts of this case, sub. (2) and s. 895.03 are construed to allow the minor children to recover even though the deceased’s spouse in the instant case is alive and does not recover any damages for the deceased husband’s wrongful death. Force v. American Family Mutual Insurance Co., 2014 WI 82, 356 Wis. 2d 582, 850 N.W.2d 866, 12-2402. The discovery rule continues to apply to wrongful death claims in the only way in which it reasonably can: by permitting those claims to accrue on the date the injury is discovered or with reasonable diligence should be discovered by the wrongful death beneficiary, whichever occurs first. Christ v. Exxon Mobil Corp., 2015 WI 58, 362 Wis. 2d 668, 866 N.W.2d 602, 12-1493.
Updated 23-24 Wis. Stats.
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There may not be separate recovery for both an estate and its beneficiaries. Bell v. City of Milwaukee, 746 F.2d 1205 (1984). Cause of Action by Parents Sustained for Loss of Society and Companionship of Child Tortiously Injured. Gonring. 1976 WLR 641. Expanding and Limiting Damages for Pecuniary Injury Due to Wrongful Death. Schoone. WBB Aug. 1972.