Some things to consider that will ultimately affect how much you may be able to receive include:
- Who was at fault? Was the accident brought on by you or someone who was behaving carelessly?
- Do you have insurance that protects you from injuries incurred at work or while driving?
- Does the other person involved in the accident have liability insurance or personal injury protection (PIP) coverage?
- Where did the incident occur? Was it on a person’s property or that belonging to the government?
All of these factors are rather important and the accident lawyer in Wisconsin you elect to hire is going to need honest answers to all of these questions and more so they can begin working on your case and getting you one step closer to receiving the compensation you need and deserve.
What Types of Compensation Are You Entitled You?
When a person is looking to collect money for their injuries or property damage that has been done, it is referred to as “damages.” There are different types of damages that allow you to collect compensation if they apply to you, and in most cases, negligence was the underlying cause of the accident.
Medical Bills– If you were injured, you likely went to the hospital or another health care provider where it was determined what you suffered from and what type of treatment you are going to need rendered to help you recover. Although some injury victims are expected to fully recover from their condition, not always is this the case. Therefore, whatever medical attention you have received because of the harm imposed from the accident should be compensated for as opposed to you being required to pay for it.
Loss of Wages– Did the accident cause you to miss work. Whether it was a week or a month, if someone else’s negligent actions caused you to miss out on making money, this should be taken into consideration along with any funds you would have received for your retirement, promotion, etc.
Loss of Consortium– If your injuries have affected you and your loved one’s relationship, they may qualify for compensation as well as the incident has negatively impacted them.
Get the Funds You Deserve for Your Pain, Suffering, and Distress
To learn more about what you may be entitled to, schedule your free, no-obligation case review with one of the accident lawyers in Wisconsin featured on our site.
Wisconsin accident victims should hire experienced injury attorneys to recover damages.
Accidents cause unexpected expenses to address injury and property damages after an accident, and may not be covered by insurance. Attorneys in Wisconsin initiate legal action to support victims’ rights to compensation for injuries and property damage loss under the State laws that provide for payment when an injured party was harmed, referred to as “damages.”
Damages.
A Wisconsin accident lawyer can explain auto insurance claim valuations and formulas used for other accident damage compensation to victims. They are instrumental in determining the financial responsibility for economic losses, including lost wages, medical bills, medical care, and treatment, plus household expenses; and non-economic harms, including pain and suffering, loss of consortium, or companionship. Punitive damages are meant to punish the individual who caused harm, or injury and loss to the victim and are sometimes awarded in Wisconsin, but an attorney can apprise accident victims of case specifics. They are based on 1) the grievousness of the wrongdoer’s acts; 2) the degree of malicious intent; 3) the potential damage that might have been caused by the acts; and 4) the defendant’s ability to pay. The amount of punitive damages that may be awarded in a Wisconsin civil action may not exceed twice the amount of any compensatory damages recovered by the plaintiff, or $200,000, whichever is greater.
Professional services.
Experienced personal injury attorneys understand an insurance company’s desire to close out claims quickly, and are aware of imposed time constraints under Wisconsin’s statutes of limitations. It is important to contact legal counsel shortly after an accident to avoid aggressive actions from insurance representatives with low settlement offers. Accident lawyers in Wisconsin can build a case utilizing field experts by:
- sending investigators to an accident scene,
- reviewing police reports, witness testimony and medical records,
- hiring appropriate financial experts to make valuations of loss,
- assessing initial cause of the accident, and
- drafting and filing complicated insurance and legal documents.
Motor vehicle.
In Wisconsin, individuals have a duty to stop after an accident occurs involving personal injury, or property damage. Wisconsin Department of Motor Vehicles requires accident victims to report the accident within ten days if someone was injured, or killed, or if there is $1000 or more in property damage. Auto accident attorneys can explain Wisconsin’s car insurance requirements and how they affect the recovery of compensation after an accident, utilizing the contributory fault rule where individuals may recover diminished compensation for damages up to 51 percent, after fault in the accident has been identified. Contributory negligence does not bar recovery. Motor vehicle injury claims must be filed within three years of the accident, but there are exceptions where the timeline is only two years, and a lawyer can explain those deviations.
Personal injury.
If a person is hurt because of the action, or inaction of another individual, they may recover compensation when fault and/or liability is proven for the resultant harm. Recovery of damages is contingent upon a personal injury lawyer proving that the individual, or entity was negligent, caused the injury and owed a duty of care to the victim. When personal injury is caused by another’s actions in Wisconsin, the statute of limitations is three years to file a lawsuit from the date the injury occurred, was discovered, or should have been discovered through reasonable care. An experienced attorney can apprise individuals of deviations from that timeline.
Premises liability.
When an individual is hurt on another person’s property, the victim may take legal action if the injury was caused by poor property conditions, poor construction, including improper maintenance, upkeep, or unforeseen interactions with occupants on the premises. An invitee may be owed a duty of care, but a trespasser may not be owed that same duty. Homeowners’ insurance may cover these types of injuries in many cases.
Medical malpractice.
Wisconsin medical malpractice actions occur when individuals are injured under the care of a licensed healthcare professional. Legal action must be filed within three years of the date of the incident, or one year from the knowledge of the injury, or harm, when a foreign body has been left inside of a victim, or when harm has been concealed, but not more than five years. Consultation is necessary with a medical malpractice attorney to ascertain specific time limitations for each individual case.
Wisconsin does not cap economic damages in medical malpractice cases, but they do have a cap on non-economic damages at $750,000 for each occurrence on, or after April 6, 2006. Testimony from expert witnesses who rely on scientific, technical, or other specialized knowledge to assist the trier of fact to understand the evidence is acceptable in medical malpractice cases.
Workers’ compensation.
When a person becomes injured on the job, or contracts a job-related illness, they should hire the services of an experienced workers’ compensation attorney, who can assist with a claim for monetary damages. Injuries may be caused by an accident, or event that results in a physical injury, a medical condition caused by repetitious use of a body part, or conditions associated with the workplace environment itself. A lawyer can deal with the Wisconsin Department of Workforce Development Workers’ Compensation Claims Division on a client’s behalf.
Wrongful death.
In Wisconsin, loved ones, or personal representatives must file a wrongful death legal action within three years from the date of the incident that caused an untimely death in order to secure compensation when someone dies because of the negligent, reckless, or deliberate act of another person. A Wisconsin wrongful death attorney can assist with damage valuations and timelines relevant to a case. Compensation may cover:
- Medical bills and treatment during final illness, or injury,
- Funeral and burial expenses,
- Compensation for lost wages relevant to life expectancy, and household services,
- Compensation for loss of love, companionship, protection, and parent-child relationship.
Accident victims should attempt to minimize additional stress by hiring competent legal counsel who can objectively speak on their behalf in a courtroom, and work toward damage recovery.
