Personal Injury Claims or Lawsuits in Wisconsin: What to Know Before You Pursue One
Personal injuries take place because of another party’s negligent actions. Every person has a duty of care to others. If they breach this duty and cause damages or injuries, their victim can pursue damages from them. If you want to bring a personal injury lawsuit in Wisconsin, you can get compensation for your lost wages, medical expenses, and pain and suffering. With a skilled attorney from https://www.fitzpatricklaw.com/ on your side, you can increase your chances of getting fair compensation for your damages. The strength of your personal injury claim starts when you are listened to and understood.
The Role that an Injury Attorney Plays
If you sustain a severe injury because of the negligence of another party, you bear the burden of proof. Thus, you should collect evidence such as medical records, witness statements, and police records. But depending on your case’s complexity and the kind of injury lawsuit you pursue, you may need expert witnesses.
Your personal injury attorney can help identify the liable parties, prepare witnesses, strengthen your claim, and collect evidence. They can offer legal guidance and advice according to your case’s circumstances to ensure reasonable compensation.
What Does the Law Say?
Different laws in Wisconsin govern the way personal injury claims are carried out. For instance, you can file a lawsuit within three years of the accident under the statute of limitations. If you sustained just property damage in the accident, you can pursue a lawsuit within 6 years of the accident.
If a loved one died because of the negligence of another party, you can bring a wrongful death claim within 3 years of the death. But if the death happened because of a motor vehicle accident, you only have 2 from the date your loved one died to pursue a wrongful death claim. Also, the state adopts a modified comparative negligence system. This means that a party can’t get compensation for damages if they are at least 51 percent at fault for the accident or injuries. If you are found to be 50 percent or less at fault, your compensation will be decreased on your fault percentage. Let us say you are 20 percent at fault for an accident and your claim is worth $100, 000. In the end, you will only get $80, 000.
State law allows personal injury victims to pursue compensatory and punitive damages, depending on their circumstances. Some victims may be entitled to compensation for medical bills, lost wages, pain and suffering, and more.
