Getting involved in an automobile accident can be a traumatic experience, with potentially life-changing injuries that can affect your finances and quality of life. If you have been injured in an automobile accident in Wisconsin due to the negligence of another driver, you may be wondering whether you are eligible to sue for compensation. In this article, we would be addressing the legal options available to you as a victim of an automobile accident in Wisconsin and the steps to take to ensure your rights are protected.
Table of Contents
Understanding Liability in Wisconsin Automobile Accidents
Before delving into the question of whether you can sue for damages, it is essential to understand the concept of negligence as it applies to automobile accidents in Wisconsin. Under Wisconsin law, drivers have a legal duty to exercise reasonable care while driving, and failure to do so could result in liability for any harm that ensues. The law permits the recovery of damages for any injuries that result from automobile accidents caused by the negligence of another party.
To establish negligence, you must be able to prove that:
- The driver owed you a duty of care
- They breached that duty by engaging in negligent conduct
- The breach caused you to suffer injury
Types of Damages Recoverable in Wisconsin Automobile Accidents
If the negligence of another driver causes you to suffer injury in an automobile accident, you may be eligible for compensation for your damages. The type of damages that can be recovered in a Wisconsin automobile accident lawsuit includes:
Medical Expenses
You have the right to compensation for any medical expenses resulting from the accident. This provision covers the cost of medical treatment, medication, rehabilitation, and therapy required to treat your injuries.
Lost Wages and Income
If you sustain injuries that prevent you from working, you can recover any lost wages that result from the accident, including lost income and other benefits associated with employment.
Pain and Suffering
While no amount of money can compensate for the physical pain and emotional suffering, a victim of an automobile accident in Wisconsin can sue for damages for pain and suffering caused by the accident.
Property Damage
If your vehicle sustains damage in the accident, you can recover the cost of repairing or replacing your car.
Wrongful Death
When an automobile accident results in the death of a loved one, the surviving family members can sue for damages in a wrongful death lawsuit. The damages typically recoverable in such cases include medical bills, funeral expenses, loss of the income or support that the deceased would have provided, and other costs related to the death.
Filing a Lawsuit
To sue for damages in an automobile accident in Wisconsin, you must file a personal injury lawsuit against the at-fault driver within the statute of limitations. Under Wisconsin law, you have three years from the date of the accident to file your lawsuit.
Working with an experienced car accident lawyer can make the process of filing a lawsuit easier, as they can help you gather evidence and build a solid case against the at-fault driver. Your lawyer will also determine the strength of your claim and estimate the value of your damages to ensure you receive adequate compensation.
Conclusion
If you have suffered injuries due to an automobile accident caused by the negligence of another driver in Wisconsin, you may have a legal claim to sue for compensation. By understanding how liability is determined and the types of damages that can be recovered, you can take the necessary steps to protect your rights and recover your losses. It’s advisable to work with an experienced car accident lawyer who can guide you through the legal process and help you secure the compensation you deserve.