Understanding Personal Injury Laws in Wisconsin

Wisconsin's legal framework for personal injury cases implements a comparative negligence system. This means when an injury occurs, the degree of fault is assessed for all parties involved. If the injured party is found less at fault than the other party, they may be eligible for compensation. However, the amount of damages they can receive is reduced by their percentage of fault. This system emphasizes fairness in the compensation process, ensuring that responsibility is proportionately assigned to the degree of each party's negligence.

Providing justice for injury victims, Wisconsin's personal injury statutes require that actions are taken within a specified timeframe. Known as the statute of limitations, this period is typically three years for personal injury claims, but it can vary depending on the nature of the claim. Acting within these time constraints is vital, as failure to do so can result in the loss of the right to seek redress through the court system. Knowledge of these timelines is crucial for individuals looking to protect their rights and pursue legal remedies for injuries sustained.

Basics of Personal Injury Law in Wisconsin

At our Wisconsin locations, you will learn that personal injury laws provide a legal framework for individuals to seek compensation for harm suffered due to another's actions. This section outlines the foundational aspects of these laws.

Definition and Scope

Personal injury law in Wisconsin encompasses legal disputes where an individual suffers harm from an accident or injury, and someone else might be legally responsible for that harm. The law covers a range of incidents from automobile accidents to slip and fall cases, addressing both intentional acts and negligence.

Comparative Fault System

Wisconsin operates under a comparative fault system. This means that when an injury occurs, the fault—and the associated liability for damages—can be distributed among all parties involved to varying degrees. If a plaintiff is found to be partially at fault, their recoverable damages are reduced by their percentage of fault, as long as it is not more than 50%.

Statutes of Limitation

The timeframe to file a personal injury lawsuit in Wisconsin is governed by statutes of limitation. Generally, injured parties have three years from the date of the injury to commence legal action. There are variations, such as claims against government entities which may require notice within 120 days for city/county/school employees and 180 days for state employed physicians.

Personal Injury Claims Process

In Wisconsin, the personal injury claims process is structured to help injured parties obtain compensation through legal mechanisms. This section details crucial steps a claimant should take after sustaining an injury, how to file a lawsuit, engaging a lawyer's services, and understanding the settlement and trial procedures.

First Steps After an Injury

Immediately following an injury, the injured party should seek medical attention to document their injuries effectively. It's advisable to obtain medical records and bills, which will be critical in any future claims. Additionally, if the injury resulted from an accident, one should report the incident to the appropriate authorities and collect the contact information of any witnesses.

Filing an Injury Lawsuit

Prior to filing a lawsuit in Wisconsin, one should be aware that the statute of limitations for personal injury cases is typically three years from the date of the injury. The process starts with filing a complaint in the correct court, outlining the negligence or intentional torts that caused the injuries and stating the damages sought.

Seeking Legal Advice

Consulting with a personal injury attorney is recommendable for guidance on navigating the claims process and to protect one's rights. Lawyers can offer expertise on the deadlines specific to the type of claim, such as those against a government entity which may require a notice of claim within 120 days.

Settlement and Trial Process

Most personal injury cases in Wisconsin may be resolved through a settlement where the involved parties agree on a compensation amount. If a settlement isn't reached, the case will proceed to trial. During trial, attorneys will present evidence and argue the case before a judge or jury who will make a judgment on liability and damages.