The phrase personal injury is often banded around without explanation, as if everyone should know what it means. Here are some of the questions our clients have about personal injury, answered by an experienced Milwaukee personal injury lawyer at Bykhovsky Law.
What is Personal Injury?
Legally, personal injury is either an injury to you or damage to your property caused by somebody else's act or failure to act. Most often, personal injury refers to an injury severe enough to require medical attention.
What is a Personal Injury Lawyer?
A personal injury lawyer is, simply, a lawyer with experience dealing with personal injury cases. It's very important to hire a lawyer with solid expertise in this area and who does not charge up front fees.
What Does a Personal Injury Lawyer Do?
A personal injury lawyer will assess whether your claim has merit honestly, and then help you put together the evidence you need. They will write to the other party's insurance company seeking a settlement. If necessary, they will help you through a court case. However, the majority of personal injury cases are settled out of court. Part of the job of a personal injury lawyer is to convince the other party's insurance company to cooperate, which they often do when lawyers are involved. It is cheaper for them to settle.
What is a Personal Injury Claim?
If you are arguing that somebody else caused injury to you and/or damage to your property, you are making a personal injury claim. In Wisconsin there are two kinds of damages that can result:
- Economic, which covers the actual direct costs of the accident. These might include medical bills, lost wages, repairs to a vehicle, etc.
- General, which are the subjective costs of an injury, including pain and suffering.
Economic damages are obviously easier to calculate. There is no limit on damages in Wisconsin except for medical malpractice, where pain and suffering is limited to $750,000.
How Long Do You Have to File A Claim?
In Wisconsin, you have three years from the date of the accident to file your claim, or it will likely be dismissed. This means you need to contact a personal injury lawyer in Wisconsin right away. Even though most cases are settled, the intimidation value of a lawyer is reduced when they know you can't actually take them to court.
The one exception is if the victim of the accident is under 18 or considered mentally incompetent. In the former case, you have two years after you turn 18 to file the claim. In the latter, you have two years after you cease to be considered incompetent, to a maximum of five years.
What Are Some Examples of Situations That Might Result in Personal Injury Claims
Some examples of situations that might result in a personal injury claim include:
- Car accidents, especially if the other driver was impaired (drunk, tired, driving recklessly, etc). This includes accidents involving pedestrians, cyclists, motorcyclists, and horseback riders.
- Slip and fall accidents that occur on somebody else's property.
- Dog bites.
- Medical malpractice.
- Product liability, i.e. something you buy turns out to be dangerously defective.
The most common cause of personal injury claims is auto accidents.
What Paperwork Do You Need to File Your Case
For a successful personal injury claim you need to demonstrate that:
- You were injured (or the damage was done).
- It was the person's fault.
Because of this, you need to make sure to keep all the evidence you have, including:
- Medical records and medical bills. Tell your doctor's office you are filing a claim and they will help. Make sure to cover all places you sought treatment from, including alternative practitioners such as chiropractors or massage therapists.
- Your personnel files to show proof of earnings, so you can claim lost wages.
- A record of the time you spent off work where you did not get paid.
- Any information on money you borrowed to pay medical bills.
Contact an Experienced Milwaukee Personal Injury Lawyer
If you have been injured in an accident that was somebody else's fault, you need a good personal injury lawyer in Milwaukee. Bykhovsky Law has the expertise you need to file a successful personal injury claim and get the compensation you deserve.
