July 10 , 2023 | Personal Injury Lawyer
Many accidents in Wisconsin lead to serious injuries, lost earnings, medical bills, and more. Fortunately, Wisconsin state law allows injured parties to demand compensation for their injuries in a personal injury lawsuit. If you or your loved one was hurt in an accident, learn more below about Wisconsin’s personal injury laws, and contact our Franklin personal injury lawyers if you need legal advice.
What Type Of Damages Is Available In A Wisconsin Personal Injury Claim?
A personal injury lawsuit in Wisconsin may result in economic or non-economic damages. Economic damages refer to your monetary costs after an accident, such as medical bills and lost earnings from being out of work. Non-economic damages are the more subjective costs of the injury, including loss of enjoyment of life and pain and suffering.
The jury can decide how much you may receive in pain and suffering damages in a personal injury lawsuit. Factors that the Wisconsin jury could weigh to make this critical decision include:
- How seriously you were injured
- Any disability or disfigurement
- Degree of impairment to do normal daily activities
- Any aggravation of preexisting conditions
Who Decides If I Get A Settlement For A Wisconsin Personal Injury Claim?
When you are hurt in Wisconsin because of someone’s negligence, the insurance company for the defendant usually determines the outcome. Most people and businesses have liability insurance to cover damages if they are negligent. The insurance company will investigate the claim and determine if their client is liable. They could offer a settlement at that point, but it could be less than you deserve, which is why it is essential that a personal injury attorney represent you.
Is There A Cap On Pain And Suffering Damages In Wisconsin?
Wisconsin does not limit these damages expressly, but there is a cap of $250,000 for personal injury claims against the state. There also is a cap on non-economic damages in medical malpractice claims of $750,000. Also, Wisconsin’s modified comparative negligence rule bans recovery if you were more than 50% responsible for your injury.
What Is The Statute Of Limitations For Personal Injury Claims?
Wisconsin Statutes section 893.54 states that the statute of limitations to file a personal injury claim is three years from the date of the injury. You and your attorney must get the initial lawsuit documentation in court within three years, or the case could be dismissed.
However, if the injured party was under 18 or mentally ill when the injury occurred, they have two years to get the claim filed after they reach legal age or are mentally competent. That said, the filing deadline is not extended for more than five years when the injured party has a mental illness.
How Do I File A Wisconsin Personal Injury Claim?
You should seek immediate medical treatment after your personal injury. Medical evidence is essential for a successful personal injury claim. Then call a Wisconsin injury attorney to help you with a potential lawsuit. They will let you know if you have a strong case.
How Much Evidence Is Required In A Personal Injury Lawsuit?
The law requires you and your attorney to prove the case with a preponderance of the evidence. This means that the jury believes your account of what happened is more likely true than false. This is a lower standard than for a criminal trial, but you should still collect as much evidence as you can after the accident to increase the chances of a favorable outcome.
What If The Other Driver Is Uninsured?
Wisconsin requires all drivers to have uninsured motorist coverage. The minimum amount is $25,000 for one person and $50,000 for two or more. It is wise to purchase more than the minimum coverage because many drivers do not have insurance. If you are seriously hurt in an accident, and the other party does not have insurance, you could be stuck with large medical bills. So, paying for more coverage is a financially prudent move.
Whose Car Insurance Policy Pays In Wisconsin?
In this state, the person found negligent in the car accident has to pay damages, generally done through an insurance company. This is a fault-based system, so a skilled personal injury attorney is often essential when fault is being questioned.
How Do I Cover Medical Bills Until The Case Settles?
You will not get any money until the personal injury case settles or goes to trial. So, you must explore options to pay your medical bills until that happens. If you have health insurance, it can often cover at least some of your costs, and your auto insurance may pay for property damages.
After the case settles, you may need to reimburse the insurance companies for what they paid. If you lack health insurance, consider negotiating a payment plan with your medical providers. If you hire an attorney, they may be able to negotiate on your behalf with your healthcare providers once the case is resolved.
What If I Was Partially At Fault For The Car Accident?
Suppose another car hit you from behind in Milwaukee, but your brake lights were not working. The other driver should not have hit you from the rear, but not having functioning brake lights probably contributed to the accident. In Wisconsin, the contributory negligence law means you can still collect compensation for your losses if you are not more than 50% responsible for the incident.
Will My Personal Injury Claim Go To Trial?
Possibly, but most personal injury claims result in a settlement before it goes to trial. Minor personal injury cases are more likely to be settled before trial. However, a trial is more likely if you are severely injured in a car accident. That is why having an injury attorney with a successful track record in court is vital.
Contact Our Franklin Personal Injury Lawyers
Accidents in Wisconsin are common, and if it happens to you because of someone else’s negligence, you should consult with an attorney. To file a personal injury claim, contact our Franklin personal injury lawyers at Martin Law Office, S.C., at (414) 856-4010.