Son Sues for the Wrongful Death of his Mother

A bizarre case has dominated the halls of an Outgamie County court house this week as a teenage son sued his father for the wrongful death of his mother.

Noah Wing, 19, took his father, Scott Schmidt, 40, to court earlier this year after Schmidt killed his estranged wife, Kelly Wing Schmidt. The incident happened on April 17, 2009 when Schmidt waited outside the house they once shared and shot at his wife, ultimately killing her. He went to criminal court for multiple charges, including first-degree murder and was convicted, receiving a life sentence.

Judge Dee Dyer awarded Wing a high amount for wrongful death and $500,000 in punitive damages, but Schmidt told the court that he simply has no money left. He claims that all of his money, including retirement funds and the sale of his assets, went to his attorneys.

Now that Schmidt makes just 35 cents per hour in prison, he doesn't see how it will be possible to pay his son. That is of little concern to Judge Dyer who stated that since Wing was a minor at the time of the shooting, Schmidt deprived him of financial and emotional support by taking his mother away.

Planning to file a wrongful death lawsuit to collect compensatory or punitive damages?  If so, it is important that you take the time to speak with a personal injury attorney first so you are aware of the legal process and your rights.