An accident can turn your life upside down in an instant. Serious injuries often result in sky-high medical bills and can affect your future for years to come. In Wisconsin, the party responsible for your injuries could owe you compensation. But you shouldn’t have to worry about fighting tooth and nail for the money you deserve while you’re recuperating. An experienced personal injury lawyer can lighten the load and help you get justice from the at-fault party.
The legal team at LawtonCates has represented helping accident victims in South-Central Wisconsin for nearly 70 years. Obtaining maximum compensation for our clients is our primary goal, but we don’t sacrifice personal relationships in the process. Our personal injury attorneys get to know our clients. We excel at understanding their needs and getting real results. Let us help you, too.
Call or contact us today for a free consultation with a Wisconsin personal injury lawyer.
Requirements for a Personal Injury Claim
In all likelihood, your personal injury case will be based on the concept of negligence – basically, a legal term for carelessness. Proving negligence requires you to satisfy four elements:
- Duty – First, you must establish the responsible party owed you a duty of care. This means they had a legal obligation to prevent harming others. For example, all Wisconsin motorists have a duty to drive safely and take reasonable measures to avoid causing a car accident.
- Breach – Next, you must demonstrate the careless party violated their duty of care. A classic example of driver negligence is drunk driving.
- Causation – The breach must be the direct cause of your injuries. An intoxicated driver who strikes you head-on after entering a highway in the wrong direction creates a causal link between your injuries and the accident.
- Damages – Finally, you must show that the harm you suffered can be remedied financially. Medical records, toxicology reports, pay stubs, and expert testimony can support a personal injury claim against a drunk driver.
Who Can File a Personal Injury Lawsuit?
Anyone who sustains injuries caused by another party can file a personal injury lawsuit, with minimal exceptions. For example, a minor cannot file a claim on their own. However, the parents of the minor may elect to file a lawsuit on their child’s behalf. The minor could pursue their own claim once they turn 18.
Proving Liability in Personal Injury Cases
You will need substantial evidence to link someone else’s actions to your injuries in a personal injury case. Examples of potential evidence include:
- Police accident report
- Cell phone records
- Medical records
- Medical bills
- Receipts and records of other accident-related expenses
- Photos and videos from the accident scene
- Surveillance videos
- Witness statements
- Expert testimony
- Event data recorder (“black box”) data
An attorney can be instrumental in collecting and preserving vital evidence needed to build a solid case. Some evidence may only be available via legal intervention, such as cell phone records or a vehicle’s data logs.
Types of Compensation Available
The purpose of a personal injury lawsuit is to make you whole again after an accident — to give you the financial means to rebuild your life. A successful personal injury claim could provide compensation for losses like:
- Medical expenses
- Future medical treatment
- Lost wages
- Loss of future earning capacity
- Property damage
- Emotional distress
- Pain and suffering
Working with an experienced personal injury attorney during settlement negotiations is critical to pursuing the full value of your claim. First, they have seen similar cases in the past and will know how to place an accurate estimate on yours. Second, they know how to apply pressure during negotiations with the liable party’s insurance company. And if the insurer company won’t make a fair settlement offer, a hard-hitting personal injury attorney won’t be afraid to take the case to trial and make your case before a judge or jury.
Time Limits for Making a Personal Injury Claim
Wisconsin law gives victims three years from the date of an accident to file a lawsuit against the at-fault party Timely filing preserves your right to pursue maximum compensation. File after the legal deadline passes, and your case faces dismissal.
Personal Injury Claims Process
Pursuing a personal injury claim is a complex process that involves several steps, including the following:
- Investigating the accident
- Sending a demand letter to the at-fault party or their insurance company, or a notice of claim if the defendant is a government entity
- Collecting and preserving evidence
- Engaging in settlement negotiations
- Filing a complaint with the court if settlement negotiations fail
- Attempting mediation to come to an out-of-court agreement
- Taking the case to trial
Most claims never reach the trial stage. You should also know that you are always in control of your personal injury case. An attorney is there to advise you of your legal options, but the ultimate choice of how far your case goes remains in your hands.
Contact a Wisconsin Personal Injury Attorney Today
At LawtonCates, we are serious about helping you pursue full and fair compensation for your injuries. You shouldn’t have to pay the consequences of someone else’s wrongdoing, and we will spare no expense in demanding money that will account for the full extent of your losses.
Hiring us means working with a personal injury law firm ready to go the distance for you. You’re not just another case file to us. You’re a human being who deserves more than a lowball settlement offer from the insurance company. Put your faith in us to fight aggressively for compensation that restores your financial and personal well-being.
Ready to get started? Call or contact us today for a free consultation with a personal injury lawyer in Wisconsin.