If you have been injured due to someone else’s negligence, Wisconsin law allows you to pursue compensation for your damages through a personal injury claim. Below is a step-by-step guide to help you file a personal injury claim in Wisconsin.
Table of Contents
Step 1: Seek Medical Attention
The first step you should take after sustaining an injury is to seek medical attention. Even if you feel like your injuries are not severe, it’s important to have a medical professional examine you in case there are underlying issues that are not immediately apparent. Additionally, having a record of your injuries and medical treatment will be necessary when filing a personal injury claim.
Step 2: Gather Evidence
To strengthen your case, you should gather as much evidence as possible. This includes:
- Witness statements: Ask anyone who witnessed the accident to provide a written or recorded statement detailing what they saw.
- Photos and videos: Take pictures and videos of the accident scene, your injuries, and any property damage.
- Police reports: If applicable, obtain a police report detailing the accident and the parties involved.
Step 3: Consult With A Personal Injury Lawyer
Before filing a personal injury claim, it’s wise to consult with a personal injury lawyer. They can review your evidence, assess the viability of your claim, and guide you through the legal process. Additionally, Wisconsin has a statute of limitations of three years for personal injury claims, meaning you have three years from the date of the accident to file a claim. A personal injury lawyer can help ensure that you file your claim within the deadline.
Step 4: File A Claim With The Insurance Company
After consulting with a lawyer, your next step is to file a claim with the at-fault party’s insurance company. Provide them with all of the evidence and documentation you have gathered, including medical bills and records. The insurance company will review your claim and determine whether to accept or deny it. If they deny your claim, your lawyer can help you appeal the decision.
Step 5: Consider Mediation or A Settlement
If the insurance company accepts your claim, they may offer a settlement. Before accepting a settlement, it’s important to consider whether it adequately compensates you for your damages. Additionally, you may consider mediation as an alternative to going to court. Mediation involves a neutral third party who works to help you and the at-fault party come to an agreement outside of court.
Step 6: File A Lawsuit If Necessary
If you are unable to reach a settlement or come to an agreement through mediation, your lawyer can file a personal injury lawsuit on your behalf. During a lawsuit, both sides will present evidence and arguments to a judge or jury, who will determine the outcome of the case.
Conclusion
Filing a personal injury claim in Wisconsin can be a complex and overwhelming process, but the above steps can help guide you through it. Remember to seek medical attention, gather evidence, consult with a personal injury lawyer, file a claim with the insurance company, consider mediation or a settlement, and file a lawsuit if necessary. With the help of a qualified personal injury lawyer, you can pursue the compensation you deserve for your injuries and damages.