Wisconsin Personal Injury Law: What You Need to Know

March 9 2023

In Wisconsin, plaintiffs who suffer personal injuries due to negligence can be eligible to receive damages from the liable party. Depending on the specifics of the case, these damages include both economic and non-economic losses such as medical bills, property loss, and pain and suffering.

Overview of Wisconsin Personal Injury Law

The legal system in Wisconsin strives to protect the rights of injured individuals by providing them with ways to seek compensatory damages. Personal injury law is an area of law that seeks to provide a legal remedy when an individual has been harmed due to another’s negligence or carelessness. It is also part of civil law and provides both physical and non-physical forms of damages. Such as medical bills, lost wages, pain and suffering, and mental distress.

Wisconsin personal injury law allows for the injured party to receive economic and non-economic damages if their case is successful. Economic damages are intended to compensate for the monetary losses suffered due to the injury, including medical bills, lost wages, and replacement costs of any items that were damaged during the incident. Non-economic damages are intended to compensate for pain and suffering caused by the injury, and may be awarded in cases where physical or emotional trauma occurred. In some cases, punitive damages may also be awarded if the court finds that the defendant acted with intention or malice during the incident.

It should be noted that Wisconsin personal injury law is often quite complex, so it’s important that you consult with a skilled attorney early on in the process in order to ensure that you understand all of your rights as an injured person. Additionally, Wisconsin has a strict statute of limitations on filing personal injury cases. Generally speaking, this statute requires filing within three years of sustaining an injury or loss due to someone’s negligence or recklessness.

Now that we have provided an overview of Wisconsin personal injury law, let’s move on to our next section which will discuss the rights of the injured person.

Rights of the Injured Person

When someone has been injured due to the negligence of another, they have many rights regarding the pursuit of justice. According to Wisconsin personal injury law, an injured person is entitled to a legal remedy – either through a civil lawsuit or criminal proceeding – if they can prove that the person or entity responsible for the injury was negligent. Depending on the nature and extent of the injury, damages may be awarded to cover medical expenses, lost wages, and pain and suffering.

The court must also take into account any contributory negligence when determining liability. Contributory negligence holds that if the victim was partially at fault for their own injury, any damages they receive will be reduced in proportion to their degree of fault. It is important for an injured person to understand their rights and determine whether the other party was negligent before initiating a claim in court.

It is also within a person’s right to pursue compensation for non-economic damages under Wisconsin personal injury law. These damages are intended to compensate an injured party for physical pain and emotional distress caused by the injury. In order to receive compensation for these damages, however, it must be proven that the physical harm suffered constitutes severe impairment of some bodily functions, such as mobility or other activities of daily living.

While Wisconsin personal injury law seeks to provide a remedy to victims of accidents that were caused by another’s negligence, an experienced attorney is necessary in order to get a fair ruling from the court. With guidance from a knowledgeable lawyer, an injured victim can ensure that their rights are protected and all possible avenues for compensation pursued.

Having discussed the rights of an injured person according to Wisconsin personal injury law, we will now move on to consider how these cases are used to seek compensation for accident damages.

  • Wisconsin follows comparative negligence laws, which means that if the plaintiff is found to be partly at fault, they can still bring a claim, however their damages will be reduced by their proportion of fault.
  • In Wisconsin, there is a three year statute of limitations for filing personal injury claims.
  • According to Wisconsin civil code section 893.55, a person injured due to negligence may be able to receive economic or non-economic monetary damages depending on the circumstances.

Compensation for Accident Damages

As the victim of an accident, you are entitled to compensation for any damages you may have suffered. These damages can include physical injuries, medical costs, lost wages, and emotional distress. While the dollar amount of a case depends on the type and severity of the damage done, Wisconsin laws stipulate that you are entitled to money to cover any losses that resulted from the accident.

In personal injury cases, both parties must accept responsibility for their actions and pay a proportional amount accordingly. For example, if one party is 80% at fault for an accident and the other is 20% at fault, they will receive 80% and 20%, respectively, of whatever damages have been assessed.

However, there may be cases when both parties cannot come to an agreement on who was more at fault. In such cases, it may be necessary for a judge or jury to weigh out the evidence and decide which party is more liable for the damages inflicted in the accident. Plaintiffs will then generally receive 100% of the damages determined, with no additional funds owed.

The total cost of any personal injury damages will depend largely upon how much insurance coverage each party has as well as any applicable state limits. It is important to remember that in Wisconsin, a victim’s own insurance company is not allowed to provide coverage for personal injury damages unless it is specifically named by policy. Thus legal representation is often necessary in order to ensure fair compensation under Wisconsin law.

Now that you know what types of compensations may be available after an accident in Wisconsin, it’s time to discuss what happens during the court process when seeking this financial restitution. The next section will explain how a case moves through Wisconsin courts so that victims can understand all steps involved in obtaining compensation for their damages.

The Court Process

The court process for Wisconsin personal injury law can be a lengthy and complicated process. Depending on the severity of the case, the plaintiff may choose to file a lawsuit in a local court or, if the damages are severe enough, an appeal may be filed with the Wisconsin Supreme Court. In either instance, it’s important to keep in mind that there is a two-year statute of limitations for all civil cases in Wisconsin.

In civil suits involving personal injury law, the defendant has the option of challenging the case within the allotted timeline. Additionally, they may attempt to dispute any evidence presented or alleging fault. Parties involved can also negotiate a settlement out-of-court or via mediation prior to bringing the suit before a judge. If no settlement can be reached, then a jury trial may ensue. During this time each party will present their respective argument and provide evidence in support of their case. The jury will then decide on appropriate compensation for damages based on this evidence and information provided.

Because personal injury cases are often nuanced and highly complicated due to their unique and individual circumstances, having an experienced attorney alongside one during arbitration and/or litigation is important in ensuring they receive any fair compensation due. It’s always best to seek legal counsel prior to filing a case against an individual or business in order to ensure your rights are being protected.

Moving forward it’s important to note that understanding statutes of limitations is paramount when pursuing claims related to personal injury law in Wisconsin. The next section of this article will focus on the various laws that dictate these deadlines and provide an overview of situations where exceptions might apply.

Statute of Limitations

When you’ve been injured due to the negligence or wrong-doing of another, it’s important to understand Wisconsin’s laws and limitations when it comes to filing a personal injury claim. The statute of limitation is applicable in most personal injury cases and is defined as the time limit placed on filing a lawsuit.

In Wisconsin, the law allows three years from the date of the incident for an individual to file a personal injury lawsuit. When this deadline passes, you will no longer have legal recourse to recover any damages from those responsible for your injuries. For minors under the age of 18 at the time of the accident, the law states that they may have up to 6 years from their 18th birthday to simply assert a claim, or until their 20th birthday to actually bring a lawsuit against those liable.

There are certain scenarios in which this timeline can be extended. For instance, if the wrong-doer is unable to be located or served with court papers prior to these deadlines lapsing, then you may still be permitted to pursue a claim within 6 months after they were located and served through an alternate means.

It’s important to note that even with extensions under certain specified conditions, expired claims are typically not revived by Wisconsin courts and so it is prudent to err on the side of caution and file suit within the sattute of limitation period allotted. Otherwise, individuals could risk forfeiting the right to hold parties responsible for negligent behavior accountable for their actions.

Now that you understand Wisconsin’s laws regarding statute of limitations for personal injury cases, let’s move onto discussing how you can go about finding a Milwaukee personal injury law firm.

Find Milwaukee Personal Injury Law Firm

When looking for a Milwaukee personal injury law firm, it is important to carefully research your options. There are numerous firms available in the area and you should take time to evaluate each one’s credentials, experience, and reviews. Consider talking to any potential lawyers or representatives to make sure they understand your case and can provide the right legal assistance. Additionally, investigate the attorney fees associated with each firm as they tend to vary quite substantially.

It is also important to be cautious when selecting a law firm. Many attorneys focus on generating revenue from clients instead of providing quality services. Be wary of firms that suggest legal solutions that may not fit your particular situation or prefer settlements outside of court. Selecting an experienced and knowledgeable law firm will likely give you better results both legally and financially.

That said, it may also be wise in some cases to work with smaller firms over larger, more well-known ones. This may offer clients more personalized attention since much of the financials burden is already taken care of for larger law firms through their corporate sponsorships or other initiatives. Ultimately, determining what type of Milwaukee personal injury law firm best suits your needs is an individual decision based on research and thorough consideration.

Leading into the next section: Negligence as a Legal concept, it is important to understanding how the terms are generally applied by courts when dealing with personal injury cases involving negligence.

Negligence as a Legal Concept

When it comes to negligence as a legal concept in personal injury law, Wisconsin courts and attorneys experience cases with similar legal elements. Negligence applies when a person’s actions or lack of action results in the harm of another individual. In a negligence claim, the victim has the burden of proving that the other party had a duty to and then breached that duty, resulting in injury to the plaintiff.

Essentially, negligence occurs when someone fails to do something, or acts without following proper procedures and protocols or holds a duty of care toward another individual who is injured as a result. For example, a driver may be negligent for their failure to obey all of the laws of the roadway, including driving at posted speed limits, coming to full stops at crosswalks, and more.

The standard for negligence varies depending on which state you are in but it is generally defined as “conduct that falls below the standard established by law for protecting others against unreasonable risks of harm”. In Wisconsin specifically, there must be proof of all four elements in order to successfully prove negligence: Duty of care, Breach of Duty, Causation and Damages. Duty of care means there was an obligation of reasonable prudence owed by one party (defendant) to another party (plaintiff). Breach of Duty is where the defendant acted (or didn’t act) in a manner significantly different from how another reasonable person would have acted under similar circumstances.

Factors like whether or not both parties were using due diligence and taking necessary precautions are also taken into consideration when determining liability for negligence. Causation means that any injury to the plaintiff must be proven to directly result from actions taken by defendant. Lastly, damages must be proven in order for courts to award damages for pain and suffering incurred due to the defendant’s failure or action.

In conclusion then, it is important for those seeking relief from personal injury or those defending against allegations of civil liability understand the concept of negligence and how it applies through Wisconsin law when assessing damages. Now that we have discussed Negligence as a legal concept let us move onto Financial Recovery and Medical Insurance in our next section.

Financial Recovery and Medical Insurance

The ultimate aim of filing a personal injury claim in Wisconsin is to secure financial recovery. Depending on the circumstances of the accident and injury, you may be able to recover different types of compensatory damages. These damages allow the victim to be made whole again and cover both economic losses such as medical expenses, lost wages, and property damage, along with non-economic losses such as pain and suffering, inconvenience, loss of consortium and more.

It is important to consider how medical insurance will interact with any potential awards from a personal injury claim. If your medical bills are covered by private insurance or government programs such as Medicare and Medicaid, you will likely have to repay them if your case is successful. The settlement you receive goes to your personal pocketbook and not for reimbursements for these entities.

If you have uninsured or underinsured motorist coverage on your auto policy in addition to health insurance, you should carefully review each policy’s terms as certain compensation from an injury claim may count as a “recovered expense” under these policies, resulting in greater reimbursement to your insurer than you would receive if there was no intersection between the two types of claims.

At the same time, personal injury lawyers often speak with lien holders on behalf of their clients prior to settling a case in order to negotiate liens down so that victims can keep more money for themselves after their claims are settled. This is why it is important to consult an experienced attorney who is familiar with lien negotiation techniques before agreeing to a settlement in a Wisconsin personal injury case.

It is also wise to always seek legal counsel when pursuing financial recover in a personal injury claim in Wisconsin given the complicated nature of this process and its implications for other aspects of your case. This leads into the next section which explains the importance of seeking legal advice for any personal injury case in Wisconsin.

Get Legal Advice for Your Personal Injury Case

If you’ve suffered an injury in Wisconsin, it is important to consider getting legal advice before pursuing a personal injury case. Taking legal action can involve complex negotiations and the courts and legal representation can provide the guidance and expertise needed to navigate this process successfully.

Receiving professional advice in advance can offer some significant advantages; for example, it can provide an understanding of the entire legal process, as well as help determine the best way to pursue a case and maximize damages. The experience of a lawyer can also be invaluable in identifying small details often overlooked in personal injury cases that could have a large impact on the outcome of proceedings.

On the other hand, choosing not to seek professional advice may lead to a much higher risk in terms of both pursuing and resolving a personal injury claim. Without the necessary knowledge or understanding of regulations and procedures, plaintiffs may enter into agreements or settlements with much less compensation than if they had received competent legal advice before taking further action.

Ultimately, seeking professional legal counsel is highly recommended prior to filing any formal complaints or initiating any court proceedings pertaining to a personal injury. An experienced attorney will be able to coach clients through every step of the process and ensure that their rights are fully protected throughout all stages, from initial preparation to resolution.

Common Questions and Responses

What types of compensation are offered under Wisconsin personal injury law?

Under Wisconsin personal injury law, compensation for the injured is offered in several forms. In the event of physical injuries sustained due to the negligence of another person or entity, the injured party can pursue a claim for medical bills, lost wages, pain and suffering, and other medical costs related to their injury. Additionally, Wisconsin law allows recovery of punitive damages as a form of punishment in certain cases where the conduct of the defendant was deemed especially egregious. Finally, if a defendant’s actions caused an individual’s death, his or her family may qualify to receive wrongful death benefits. These include payment for any reasonable funeral expenses as well as reimbursement for any loss of future income had the deceased been able to live to an expected life span.

What’s the statute of limitations for personal injury claims in Wisconsin?

In Wisconsin, personal injury claims must be filed within three years of the injury occurrence. This statute of limitations can be extended by a year if the plaintiff is unaware of the injury until after it occurred. The concept of tolls or pauses may also apply in some cases, such as when a minor is involved in the claim.

It is important to note that this statute of limitations applies to all areas of personal injury law, including medical malpractice and birth injuries, negligence and product liability, wrongful death and sexual assault. Claims brought against government entities or agencies in Wisconsin must be initiated within 120 days. If a claimant misses this limited window, he or she may have little chance of recovering any damages.

That’s why it is so important to seek experienced legal counsel as soon as possible after a personal injury occurs – ideally shortly after receiving medical treatment to ensure documentation of the case before evidence can dissipate over time.

What types of evidence are needed to successfully pursue a personal injury claim in Wisconsin?

In order to successfully pursue a personal injury claim in Wisconsin, a claimant must be able to provide sufficient evidence in order to demonstrate that the injury or harm was caused by the negligence of another person or party. There are various types of evidence that can be used to support a successful personal injury claim in Wisconsin.

The most important type of evidence is eyewitness testimony. This includes statements from witnesses who were present at the time of the accident, injury, or other incident in question. These witnesses can provide valuable information about what happened and can support an individual’s version of events.

Another type of evidence that can be used is photographic or video evidence taken around the time of the incident or immediately thereafter. Photographs and videos can help prove that an event happened as described by an individual or show any damages resulting from an incident.

Medical records and reports created around the time of injury or shortly after its occurrence can also be used to prove that a particular injury is related to a specific event. Additionally, medical records may include information related to any medical expenses incurred due to the injury, which can be helpful when seeking compensation for those expenses.

Finally, physical evidence, such as debris from an accident scene or torn clothing from a fall, may be used as well. Physical evidence helps back up witness accounts and other forms of evidence related to a personal injuryclaim in Wisconsin.