What Damages Could I Be Entitled to in a Personal Injury Case?
A Milwaukee personal injury attorney from LawtonCates helps victims of personal injury accidents to pursue compensation from those responsible for their injuries. This compensation includes:
- Medical Care – Past and future medical treatment, including hospitalization, surgeries, specialist care, medical tests and lab work, prescriptions, and medical equipment
- Rehabilitation – Might include physical, speech, respiratory, and vocational rehabilitation depending on the type and extent of injury
- Lost Wages – Compensation for wages lost due to injury, hospital stays, and doctor’s appointments
- Reduced Earning Potential – Addresses potential impact that injuries have on your ability to return to your previous job, temporary disability, or the need to perform work based on limitations
- Pain and Suffering – Compensation for the physical, emotional, and psychological harm as a result of the accident or injury
- Loss of Companionship – Acknowledges the diminishment or absence of companionship, consortium, guidance, support, and protection from the injuries
- Property Damage – To repair or replace property damaged or destroyed during the incident
- Survivor Benefits – Compensation for surviving family members resulting from the death of a loved one through another party’s negligence or misconduct
Can I Still Get Compensation If I Was Partly to Blame for My Injuries?
Some personal injury cases have a single responsible person or entity. Many times, however, both parties (or more) have some liability. Under Wisconsin’s comparative negligence system, you can still recover compensation so long as you are no more than 50 percent to blame for the accident. Your compensation is diminished in accordance with your share of fault.
Here’s a hypothetical example of how this might play out in practice. Vivian’s car hits Cassie’s as the latter is changing lanes. After a careful analysis of the evidence, Vivian is found to be 80 percent responsible because she was going 20 miles over the speed limit at the time. Cassie is 20 percent responsible because she didn’t use her turn signal. If Cassie is seeking $100,000 in compensation, her potential recovery drops by her 20 percent of fault to $80,000.
Comparative negligence laws can be confusing. Do not forego an opportunity to seek compensation for an accident or injury in which you played a small part. Get a free consultation with a Milwaukee personal injury lawyer from LawtonCates to help you understand your rights and options.
How Soon Should I Start a Personal Injury Claim?
Filing a personal injury claim or personal injury lawsuit might not be at the top of your list while you’re recovering from a serious injury or illness. However, an experienced personal injury lawyer in Milwaukee will probably tell you that the sooner you initiate a claim, the better, and for several reasons:
- Evidence can deteriorate or disappear.
- Witness memories fade and become less accurate.
- Subject expert testimony might not be available.
- The statutes of limitations can expire, ending your ability to sue.
Don’t lose out on compensation because you wait too long to act. Seek help now and start pursuing what’s rightfully yours.
How Long Do I Have in Wisconsin to File a Personal Injury Lawsuit?
Wisconsin’s statute of limitations for personal injury lawsuits is generally three years from the accident date. You should consult an experienced Milwaukee personal injury attorney at LawtonCates as soon as possible for the filing date specific to your case. Certain exceptions could apply that would alter the time frame, and you don’t miss any crucial deadlines.
How Long Does a Typical Personal Injury Case Last?
Personal injury cases may take several weeks, months, and, in some circumstances, a few years. Several factors affect how long a typical personal case might last, including:
- The nature of the incident
- The extent of injuries
- The number of injured individuals
- The complexity of the case
- The willingness of both parties to negotiate
At LawtonCates, we work diligently and efficiently to resolve our clients’ cases, but we do not rush when doing so puts their financial recovery at risk.
What Must Be Proven in a Personal Injury Claim?
To recover compensation for what you’ve suffered, you will likely need to show that another party is ultimately to blame for your injuries. Two of the most common ways to do so are by establishing negligence and intentional misconduct.
Negligence
Negligence is the failure to take reasonable measures to avoid causing injuries that an average person would use in the same situation. For example, all Wisconsin drivers must follow the rules of the road to avoid causing accidents. A driver who fails to check their blind spot before changing lanes and crashes into your car has not behaved as a normally prudent driver should. Their actions were negligent rather than intentional, but they are still responsible for their behavior’s outcome
Intentional Misconduct
Intentional misconduct occurs when someone purposefully sets out to cause harm. For example, a stranger at a bar physically assaults you, necessitating emergency medical care, surgery, and an extended hospital stay. In such a case, the perpetrator intended to harm you and is responsible for the consequences. This civil liability is separate from any criminal consequences of their behavior.
What Are Common Personal Injury Cases?
Personal injury cases encompass a wide range of incidents. At LawtonCates, we’re prepared to handle the following types of personal injury cases:
- Slip-and-fall accidents
- Medical malpractice
- Product liability
- Workplace injuries
- Dog bites
- Wrongful deaths
What Types of Injuries Happen Due to Personal Injury Accidents?
Personal injury accidents can result in a variety of injuries, including:
- Broken Bones – Fractures or breaks in the bones caused by accidents, trauma, or violence
- Spinal Cord Injuries – Damage to the spinal cord, potentially leading to paralysis and loss of function, requiring long-term care
- Traumatic Brain Injuries – Harm to the brain caused by a sudden blow, jolt, or penetrating object (such as a bullet) that can result in cognitive and physical impairments
- Neck and Back Injuries – Damage to the neck or back from force of impact or trauma, which can include painful sprains or more severe conditions like herniated discs
- Internal Bleeding – Bleeding that occurs inside the body, often caused by trauma, injury, or violence, and can lead to organ failure and death unless treated immediately
- Burns – Exposure to heat (fire), chemicals, electricity, or radiation that damages the skin and tissue, often leaving scarring and disfigurement
Contact a Milwaukee Personal Injury Attorney Today
LawtonCates has been protecting the rights of injured people in South Central Wisconsin since 1958. We never back down from the insurance companies that stand in the way of full and fair compensation for Milwaukee citizens who have suffered injuries through no fault of their own.
Our dedicated team has extensive experience in all types of personal injury cases, and we’re ready to put it to work for you. If you or a loved one has injuries from an accident caused by someone else, contact us at LawtonCates today. Learn what a Milwaukee personal injury attorney can do for you in a free, no-obligation consultation.
