Pursuing a personal injury claim can be confusing and overwhelming, particularly if you’re currently dealing with the pain and stress of recovery. At LawtonCates, we’re not just committed to defending the rights of our injured clients. We’re also here to explain your rights and how to exercise them.
Read our personal injury FAQ to learn more about your options and the legal process in Wisconsin. Remember that this is generalized information and may not apply to your situation. An experienced personal injury lawyer can provide a more detailed explanation after reviewing your case.
What Is the Deadline for Filing a Personal Injury Claim in Wisconsin?
Under Wisconsin law, you generally have three years from the date of an accident to file a personal injury lawsuit.
Sometimes, the statute of limitations for a personal injury claim is shorter. For instance, a wrongful death claim arising from a motor vehicle accident must be filed within two years. If you plan to sue a government entity, you must notify them within 120 days of the incident.
In other cases, the time limit is longer. Here are a few circumstances where the typical time limit does not apply:
- Minors – For injured children, the clock does not start running until their 18th birthday.
- Mental incapacity – For people who are legally incompetent due to disability, the statute of limitations pauses until they regain capacity.
How Is the Value of a Personal Injury Case Determined?
Understandably, the first question many of our clients ask is, “How much is my personal injury case worth?” The answer comes from investigating what happened, who is responsible, and the available insurance coverage of the liable party(s).
In general, personal injury victims can seek compensation for the financial losses associated with an accident. This money, called economic damages, covers losses such as:
- Medical bills
- Lost wages
- Reduced earning capacity
- Cost of physical therapy, home health care, and assistive medical equipment
Compensation is also possible for personal losses that do not have a specific dollar amount. This money
is called noneconomic damages and covers experiences like:
- Pain and suffering
- Emotional distress
- Lost enjoyment of life
- Mental anguish
- Loss of companionship
- Disability
- Disfigurement
After thoroughly reviewing the evidence, a knowledgeable personal injury attorney will place an appropriate estimate on the value of your case. This figure can serve as a starting point in settlement negotiations with the at-fault party’s insurer.
Will My Medical Expenses and Lost Wages Be Covered?
Medical expenses and lost wages are two of the most common forms of compensation awarded in personal injury cases.
The negligent party may be liable for the cost of all past, ongoing, and future medical treatment related to your injuries. That could include rehabilitation like physical therapy, occupational therapy, prosthetics, and prescription medications.
If you missed work or had to reduce your working hours while recovering from your injury, you may also be entitled to compensation for lost income. If the accident resulted in injuries that prevent you from working permanently, you can also receive compensation for diminished earning capacity.
Can I Receive Compensation If I’m Partially at Fault for the Injury?
Yes. Wisconsin’s modified comparative negligence law allows you to recover financial compensation as long as you are less than 50 percent responsible for an accident. However, the amount of compensation you can recover will be reduced by your percentage of fault. To get fair compensation, it’s essential to prevent the insurance company from unfairly blaming you for the accident. If you’re found more than 50 percent at fault, you won’t be able to recover damages at all. An experienced attorney can anticipate the tactics an insurer might use against you and develop a strategy to counter them.
Will My Personal Injury Case Go to Court?
The ideal outcome for any personal injury claim is an out-of-court settlement for maximum compensation. Achieving that goal requires successful negotiations with the at-fault party’s insurance provider. An experienced personal injury lawyer can represent you during negotiations, but cannot guarantee the insurer will settle without going to trial.
When your case goes to court, your attorney will present your case to a judge or jury. This process can be time-consuming and complicated, but it can also be the best possible path toward a fair outcome.
Whose Insurance Covers Damages in a Personal Injury Auto Accident?
In most Wisconsin car accident cases, the at-fault driver’s insurance will be liable to compensate you for your injuries. However, there are some instances when that’s not the case.
For instance, if the at-fault driver is uninsured, then your uninsured motorist coverage (UM) will kick in, and your insurance company will be liable for compensation. Under Wisconsin law, every auto insurance policy must include it.
If the driver was insured but not adequately enough to cover all the compensation you’re entitled to, then you could still be covered by your own insurance if you purchased underinsured motorist coverage (UIM).
What Legal Fees Are Involved in a Personal Injury Case?
Affording an attorney is a common concern among injured people. Personal injury cases come with legal fees, but you only pay them if your lawyer wins your case.
At LawtonCates, we work on a contingency fee basis. This arrangement means you pay no upfront expenses as we prepare your case. Instead, you only owe fees if your case concludes favorably. If your case wins, the amount owed is an agreed-upon percentage taken from the settlement amount or court award. Always ask a personal injury attorney to explain their fee agreement so you understand your financial obligations before the case begins.
Contact a Wisconsin Personal Injury Lawyer Today
We hope you found this personal injury lawyer FAQ helpful and informative. If you have more questions or believe you have a valid personal injury claim, reach out to the legal team at LawtonCates. Our law firm has proudly served South Central Wisconsin for nearly 70 years. Contact us today for a free initial consultation.