If you have been injured in Wisconsin due to someone else’s negligence, you may be entitled to compensation for your damages. However, pursuing a personal injury claim can be a complicated and intimidating process. In order to increase your chances of a successful claim, there are several important elements to keep in mind.
Table of Contents
Establishing Negligence
The first step in any personal injury claim is establishing negligence on the part of the defendant. In order to do this, you must show that the defendant had a duty of care to you, and that they breached that duty, causing your injury. This can be a complex legal question, and you will need to gather evidence and present a persuasive argument to the court.
Duty of Care
Duty of care refers to the legal obligation that people and organizations owe to those around them to act in a way that avoids causing harm. For example, a driver has a duty of care to other drivers, pedestrians, and passengers on the road. A property owner has a duty of care to keep their property reasonably safe for visitors.
Breach of Duty
Breaching duty of care means that the defendant failed to meet their legal obligation to act in a responsible manner and avoid causing harm. For example, if a driver was texting while driving and caused an accident, they would have breached their duty of care to other drivers.
Causation
Finally, you must establish that the defendant’s breach of duty was the direct cause of your injuries. This can be tricky, as it requires proving that the defendant’s actions were a significant factor in causing the injury.
Finding Damages
Once you have established negligence on the part of the defendant, you must then show the court the extent of the damages that you have suffered. This includes both economic damages (such as medical bills or lost wages) and non-economic damages (such as pain and suffering).
Economic Damages
Economic damages refer to the tangible costs of your injury, such as medical bills, lost income, and property damage. In order to claim economic damages, you will need to provide documentation to the court, such as hospital bills and wage statements.
Non-Economic Damages
Non-economic damages are more difficult to quantify, but equally important. These damages refer to the emotional and mental toll that the injury has taken on you, including pain and suffering, loss of enjoyment of life, and emotional distress.
Statutes of Limitations
It is important to keep in mind that there are strict time limits for filing a personal injury claim in Wisconsin. These deadlines, known as statutes of limitations, vary depending on the type of claim you are filing. In general, you have three years from the date of the injury to file a claim. However, if you are filing a claim against a government entity, the deadline may be as short as 120 days.
Working with an Attorney
Navigating the legal system can be difficult, especially when you are dealing with the aftermath of a serious injury. That’s why it’s important to work with an experienced personal injury attorney who can guide you through the process and maximize your chances of success. An attorney can help you gather evidence, negotiate with insurance companies, and present a persuasive case in court.
Conclusion
A successful personal injury claim in Wisconsin requires a strong case built on solid evidence, a clear understanding of the damages you have suffered, and a strict adherence to deadlines and legal procedures. By hiring a skilled attorney and following these guidelines, you can increase your chances of securing the compensation you deserve.