What if someone died long after suffering injuries from a defective product?

Whether a wrongful death claim is still viable depends on your state’s statute of limitations and the ability to prove the product defect directly caused the death. Nicolet Law attorneys can review the timeline and medical evidence to explain your legal options.

What is the statute of limitations for minors injured or killed by a defective product?

In many states, the statute of limitations for minors may be extended or tolled until they reach the age of majority (often 18). However, wrongful death claims involving minors can have unique rules and deadlines. Consult a lawyer as soon as possible to avoid missing critical filing deadlines.

I received a settlement offer from the manufacturer’s insurance company. Should I accept it?

It’s usually not a good idea to accept an initial settlement offer without speaking to a lawyer. Early offers often aim to limit the company’s liability and may not cover long-term losses or non-economic damages like pain and suffering. An attorney can assess the offer, calculate claim value, and negotiate for a fair settlement.

How long does it take to settle a wrongful death lawsuit when defective products are the cause?

The timeline varies widely based on the facts of the case, the evidence available, and whether litigation is required. Some cases settle quickly, while others take longer. Nicolet Law Accident & Injury Lawyers can manage the process from start to finish and keep you informed throughout.

Can You Hold a Manufacturer Accountable If Their Product Causes Wrongful Death?

When a product fails and leads to a fatal accident, it is more than a tragedy; it is a catastrophe. It can also be a case of corporate negligence.

Families can hold a manufacturer accountable if a defective product causes a wrongful death. Pursuing a wrongful death claim can be complicated, and the process often benefits from the help of an experienced lawyer. That way families can grieve and begin to heal while a legal professional manages the complex investigation and various legal processes.

The attorneys at Nicolet Law have experience holding manufacturers accountable for putting harmful products on store shelves. Our firm serves families across Wisconsin, Minnesota, North Dakota, and Iowa, working to prove that a product’s defect directly caused the loss of a loved one.

These cases are rarely simple. Corporations and their insurers often have powerful legal teams dedicated to minimizing their liability and financial exposure.

They may argue the product was misused or that the death was unrelated to the defect.

The complex nature of these cases is why having a dedicated legal advocate can be so important. A lawyer can counter these arguments, preserve critical evidence, and build a case based on facts and expert analysis.

If you are grieving the loss of a loved one and suspect a dangerous consumer product was to blame, you may wonder what your legal options are.

Call 1-855-NICOLET or message an experienced defective product liability attorney online to discuss how you can hold a manufacturer accountable if their product caused the wrongful death of your loved one.

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Key Takeaways About Why Legal Representation Matters in Product Liability Wrongful Death Claims

Holding a manufacturer accountable requires proving a specific defect. A lawyer works to show that a design defect, manufacturing error, or failure to warn directly caused the wrongful death, which is a complex task requiring technical evidence.
Corporations will defend their products aggressively. Manufacturers and their insurers often try to shift blame to the consumer. A legal team can manage all communication and negotiations, protecting the family from unfair arguments and disputes.
Multiple parties could be liable. Beyond the manufacturer, the distributor, retailer, or even a parts supplier could be responsible. A lawyer can investigate the entire supply chain to identify all potential defendants and sources of recovery.

Understanding how often defective and unsafe products cause serious harm can help explain why families may need to hold a manufacturer accountable after a wrongful death.

Defective Product Fatalities Statistics

wrongful death on paper next to gavel and pen

Reports from the U.S. Consumer Product Safety Commission (CPSC), the National Safety Council (NSC), and other safety organizations provide specific data points that illustrate the scale of the problem:

The CPSC has reported that an estimated 50,900 deaths in 2019 were associated with consumer products, including hazards such as falls, fires, poisoning, drowning, and mechanical asphyxia in the home and community.
CPSC materials also state that deaths, injuries, and property damage associated with consumer products cost the nation more than $1 trillion annually, reflecting the immense economic impact of unsafe products.
A recent “Safe at Home in 2025?” report from PIRG and related coverage found that numerous recalled products remained on store shelves or in consumers’ homes years after recalls were announced, including dangerous children’s products and home goods that continued to pose risks of serious injury or death.
NSC’s Injury Facts data show that millions of emergency department visits each year are associated with consumer products, such as household appliances, furniture, sports and recreational equipment, and other everyday items used in the home and community.
Industry and insurance data indicate that product liability claims, including those involving fatal injuries, represent a substantial share of liability cases and payouts, underscoring how frequently defective products lead to litigation against manufacturers and other companies in the supply chain.

These concrete statistics make clear that deadly incidents involving dangerous products are a known, large‑scale safety issue. When a defective product causes a wrongful death, pursuing a claim can be a critical way for a family to hold the manufacturer accountable.

Understanding Product Liability in Wrongful Death Cases

A product liability claim argues that a manufacturer, distributor, or seller is responsible for placing a defective product in the hands of a consumer.

When that defect causes a death, it becomes a wrongful death claim based on product liability principles.

These cases are common in the Midwest and nationwide, involving everything from defective vehicle parts causing fatal crashes to dangerous drugs with undisclosed side effects.

There are generally three types of defects that can form the basis of a claim:

Design defects: The product is inherently dangerous because its design is inherently flawed. Even if it is manufactured perfectly according to specifications, it poses an unreasonable risk of harm.
Manufacturing defects: The product’s design was safe, but an error occurred during the manufacturing process that made a specific item or batch dangerous.
Failure to warn or “marketing defect”: The product had non-obvious dangers, and the manufacturer failed to provide adequate instructions or warnings about its proper use and risks.

At Nicolet Law, our role is to determine which type of defect caused the death of your loved one and build a case to prove it. We work with families across Wisconsin, Minnesota, North Dakota, and Iowa to navigate these complex legal claims.

Common Wrongful Death Lawsuit Legal Problems Families Face and How a Lawyer Helps

Pursuing a defective product wrongful death claim against a major corporation is challenging. Families often encounter significant resistance and complex legal hurdles that are difficult to overcome without professional guidance.

Corporate defendants and their insurers deny responsibility. They may claim the product was altered, misused, or that the death was a result of the user’s own negligence, not a defect.
Preserving the defective product and other evidence can be challenging. The product itself is the most important piece of evidence. Companies may try to get it back for their own inspection, or it may be lost or destroyed before it can be professionally analyzed.
Proving that the defect caused the death is technically complex. Even if a wrongful death case feels cut and dry, establishing a direct link between the product failure and the fatal injury often requires detailed analysis from engineering, medical, and other industry professionals.
Figuring out who is liable can be confusing. The responsible party might be the final product manufacturer, a part supplier, a wholesaler, or a retail store.

A product liability lawyer can take control of these challenges, acting quickly to secure the defective product, hire qualified professionals to analyze the failure, identify all liable parties, and handle all communications with the defendants' legal teams.

Key Laws and Filing Deadlines for Wrongful Death in the Midwest

Each state has specific laws governing who can file a wrongful death claim and the time limits for doing so. Missing these deadlines can permanently bar a family from seeking justice.

Who Can File a Claim?

The person who can file is determined by state law. Typically, it is a trustee or personal representative of the deceased's estate who acts on behalf of the surviving family members, such as the spouse, children, or parents.

Statutes of Limitation

There are critical deadlines for seeking compensation in a wrongful death lawsuit filed due to a defective product. These statutes of limitation can be extended or shortened depending on the specific circumstances of the case.

Wisconsin: The statute of limitations for wrongful death is generally three years.
Minnesota: The deadline to file a wrongful death claim is typically three years from the date of death.
North Dakota: The statute of limitations is generally two years.
Iowa: Families also have two years to file a claim.

While this may seem like a long time, the truth is that the legal process requires early and fast intervention to protect your right to pursue compensation. Speak with a lawyer as soon as possible to understand how these filing deadlines impact your case.

Comparative Negligence in Defective Product Claims

Comparative negligence laws determine how fault is shared between parties and can impact the amount of compensation a family may recover in a wrongful death claim. In the Midwest states Nicolet Law serves, these rules vary slightly:

Wisconsin, Minnesota, and Iowa: Modified comparative negligence with a 51% bar. Families can recover damages if the deceased is found to be 50% or less at fault; recovery is barred at 51% or more, and any award is reduced by the percentage of fault assigned.
North Dakota: Modified comparative negligence with a 50% bar. Families can recover damages only if the deceased is found to be less than 50% at fault; at 50% or more, recovery is barred, and any award is reduced according to the percentage of fault.

For example, if the deceased was found to be 20% at fault, the total recovery would be reduced by 20%. In product liability wrongful death cases, manufacturers and their insurers may argue that the deceased misused the product or ignored safety warnings to shift blame.

Nicolet Law attorneys work to counter these arguments by gathering evidence, consulting with experts, and demonstrating that the product’s defect, not the actions of the deceased, was the primary cause of the fatal accident.

What Types of Compensation May Be Available In a Defective Product Wrongful Death Lawsuit?

Legal compensation concept with a judge’s gavel, law books, and cash labeled ‘compensation,’ representing a personal injury or legal settlement.

While no amount of money can replace a loved one, a wrongful death claim seeks financial compensation to help a family cope with the economic and emotional losses. Compensation in a product liability wrongful death case may include:

Economic damages: These cover measurable financial losses, such as loss of financial support the deceased would have provided, funeral and burial expenses, and the value of lost household services.
Non-economic damages: This category addresses the profound human losses, including the loss of society and companionship for surviving family members, as well as pain and suffering.
Punitive damages: In cases where the manufacturer’s conduct was especially reckless or egregious (for example, hiding known defects), a court may award punitive damages. These are intended to punish the company and deter similar behavior in the future.

Corporate legal teams often fight to minimize these damages. The attorneys at Nicolet Law carefully document all losses, work with financial professionals to project future economic impacts, and build a compelling argument for the full value of a family’s claim.

Defective Product Wrongful Death Liability Claims FAQ

Nicolet Law’s Defective Product Lawyers Offer Free Case Evaluations

Losing a family member is a devastating experience, and the thought of taking on a large manufacturer can feel impossible. However, you do not have to do it alone.

At Nicolet Law, our attorneys have experience holding corporations accountable for placing unsafe products on the market. Contacting a compassionate, experienced attorney can be a vital step toward preventing future tragedies and securing your family's financial future.

The legal process is complex, and corporate defendants have vast resources to protect their interests. Trying to navigate this without experienced legal guidance can jeopardize your family’s right to fair compensation.

If your family has suffered a loss due to a defective medical device, vehicle part, or any other consumer product, contact Nicolet Law Accident & Injury Lawyers. We offer a free, confidential consultation to discuss your case and help you understand your legal options.

Call 1-855-NICOLET or message our award-winning personal injury law firm online for 24/7 legal support in English or Spanish.

Defective Product Liability & Wrongful Death Lawsuit Legal Resources for Families in WI, MN, ND, and IA

Want to learn more about your legal rights and options in a defective product wrongful death lawsuit? Check out our curated resources:

Ready to speak with a lawyer about your case? Call 1-855-NICOLET or message experienced personal injury lawyers online for a free case evaluation.