If you or your loved one gets involved in an accident due to another person's negligence, you have the right to file for compensation. The personal injury lawsuit can help you receive claims for all injuries and damage you incurred in the accident.
This guide will help you understand how personal injury compensation works in Wisconsin, and avoid making costly mistakes that could affect your case.
REQUIREMENTS FOR FILING FOR YOUR CASES
Before you file a personal injury case, you can try to settle it outside court. This is because court cases can be costly and time-consuming. If you decide to settle out of court, personal injury attorneys for both sides agree on the settlement terms and close the case once the terms are met. This can relieve you of stress and anxiety when going through a court case.
However, if you decide to file the case in court, it is imperative to understand Wisconsin laws concerning a personal injury claim. You need to provide concrete evidence against the accused. Below is what you need.
1. Proof of Fault- You must prove that the accident happened due to another person's fault. For instance, if a driver ignored the red light and ran into your vehicle, the driver would be at fault.
2. Proof of negligence- It is imperative to prove that the accident wouldn't have happened had the accused taken measures in time. For instance, if you walk into someone's property and slip and fall because of a wet floor, you can file a lawsuit.
3. Proof of injuries incurred- You must show proof of the injuries you suffered from the accident. This isn't as easy as it sounds. It is a deep process where you need to show how the injuries affected your life and the inconveniences you experienced.
Giving concrete evidence that you got involved in an accident due to someone's negligence may not be an easy process. In this case, it is best to work with an experienced personal injury lawyer that can advise you on the best way forward and guide you through the entire process. Involving an experienced lawyer will give you peace of mind and increase your chances of getting the compensation you deserve.
TIME LIMITS FOR FILING A PERSONAL INJURY CLAIM IN WISCONSIN
Wisconsin Statutes section 893.54 states that anyone intending to file a lawsuit should do so within three years. Failure can lead to a dismissal of a case by the accused.
Filing your case within three years can increase your chances of recovering the damages or injuries you incurred.
It is best to work with an experienced personal injury Wisconsin lawyer that understands Wisconsin laws to guide you so that you do not make costly mistakes that could deny you your rights.
FILING PERSONAL INJURY LAWSUIT
Now that you know what the court needs from you when filing an injury claim, you can proceed and file your case. Here are the crucial details for a successful filing.
1. Obtain medical records and medical bills from your doctor and any other places where you sought treatment after an accident.
2. Obtain personnel files from your human resource employer to show proof of your earnings before the accident.
3. Determine the time and wages you've lost from the time you got injured.
4. If you borrowed money from any source to pay your medical bills, gather the information too.
The best time to obtain the above information is within 3-6 months. Once you have all the necessary records, you should review the records and be sure that everything is intact.
HOW A PERSONAL INJURY LAWYER CAN HELP
A Wisconsin personal injury lawyer will help you draft a demand letter to the accused showing the accident details, injuries, damage incurred, and the total amount to settle the case.
A lawyer will draft a complaint to begin the lawsuit. The lawyer will serve the "at fault" party and any other person involved. The "at fault" party has 45 days to respond to the complaint.
Then the lawyer will proceed to file the case in court. The process is lengthy, but this should be a problem because your lawyer will do all it takes to handle your cases, like negotiating, rescheduling, and case settlement. If the "at fault" party denies liability, your lawyer can send a demand letter to them and follow up the case to the end.
Apart from handling legal issues, a personal injury attorney can help you find medical treatment if you need the services. Bykhovsky Law LLC can provide you with details of doctors who can treat your injuries. When you get the list, you can choose one of them and seek treatment.
COMMUNICATE WITH YOUR ATTORNEY TODAY
Every personal injury case is unique on its own. Getting help from a personal injury attorney can free you from the hustle of putting everything together and following up with your case. At Bykhovsky Law LLC, we can help. Our legal team has the expertise and skills required to handle any personal injury case. Get in touch with us today for a free consultation.
