When you or a loved one has been injured in an accident due to someone else’s negligence, it can be overwhelming to know who to hold responsible for your injuries. Filing a personal injury claim in Wisconsin can be a complex process, and it is essential to understand who you can sue to receive maximum compensation for your damages.
Table of Contents
The Defendant in Wisconsin Personal Injury Lawsuits
The defendant, or the responsible party, in Wisconsin personal injury lawsuits can vary depending on the circumstances of the accident. The defendant can be an individual, business, organization, or government entity who caused or contributed to an accident. Here is an overview of the types of defendants you may encounter in a personal injury claim in Wisconsin.
Individuals
Individuals can be sued in personal injury claims if they acted negligently and caused the accident. If, for example, a driver causes an accident while distracted or under the influence of drugs or alcohol, they may be held liable for the damages caused. In personal injury cases involving assault or battery, the assailant can be sued for damages.
Businesses
Businesses can also be sued for personal injury claims. If a business owner or an employee’s negligence causes the accident during business operations, the business may be held liable. For example, if a customer slips and falls on a wet floor in a grocery store due to the store’s failure to put up warning signs or clean up the spill, the store owner can be sued for damages.
Organizations
Non-profit organizations, charities, and religious institutions can also be held liable in personal injury claims if their negligence resulted in an accident. For example, a church may be held liable if a member or guest falls on its premises due to a failure to maintain safe conditions.
Government Entities
Government entities can also be held liable in personal injury claims. This includes federal, state, and local governments. Examples of government entities that may be sued in personal injury claims include public schools, parks, and transit systems.
Joint and Several Liability in Wisconsin
In Wisconsin, multiple parties can be held liable for the damages in a personal injury claim. Wisconsin follows joint and several liability, which means that each defendant can be held responsible for the full amount of damages awarded to the plaintiff.
If multiple defendants are found responsible, the court may allocate the damages between them based on their percentage of fault. For example, if a plaintiff is awarded $100,000 in damages, and two defendants are found liable, one at 60% fault, and the other at 40% fault, the first defendant would be responsible for $60,000, and the second defendant would have to pay $40,000.
Statute of Limitations in Wisconsin Personal Injury Claims
There is a time limit to file a personal injury claim in Wisconsin. The statute of limitations is three years from the date of the accident. If the plaintiff does not file a lawsuit within this time period, the court is likely to dismiss the case, and the plaintiff will lose their right to seek compensation.
It is essential to contact a personal injury attorney as soon as possible after an accident to ensure that your claim is filed within the statute of limitations.
Conclusion
Holding the appropriate party responsible for your injuries is crucial to receive the maximum compensation possible in a personal injury claim. Understanding who can be sued in a Wisconsin personal injury claim can be complex, but the above information provides a general overview. A personal injury attorney can review the details of your case and advise you on the best legal options available for your situation.