A personal injury claim is a demand for financial compensation after you’ve been wrongly injured in an accident. By definition, someone else must be at fault for your injuries (under the law, a business or government body can also be liable). If you or someone you love has suffered a face or head injury due to negligence, we will investigate all routes to determine whether you have grounds for a slip and fall lawsuit.
Requirements for a Personal Injury Claim
If your injuries resulted from an accident caused by someone else, you may have the right to file a personal injury claim and collect damages (money awarded as compensation for injury or loss). In most cases, the compensation will come from the at-fault person’s insurance company.
Proving liability in personal injury and product liability claims can be challenging and complex, and Warshafsky Law liability attorneys use their extensive experience and a professional investigative team to prepare every case to WIN at trial. This commitment shows we mean business and often results in a large settlement offer.
Wisconsin Tort Law
Tort means a wrongful act. A tort is something a person did that hurt someone else badly enough to justify compensation for the injury. Tort law defines torts as civil acts (not criminal) and gives the injured party the right to recover damages.
Wisconsin tort law:
- Puts a time limit on your right to file a personal injury lawsuit
- Says people involved in an accident can share the blame
- Has different rules for claims against the government
It’s important to understand how Wisconsin statutes (laws) can affect the outcome of your personal injury claim. An experienced personal injury attorney will protect your rights during the claims process and increase your chances of collecting the damages you need. In order to collect compensation for your injuries, your claim must:
- Prove the at-fault party was negligent (careless). For example, if a drunk driver ran a red light and crashed into your car, the other driver would be considered negligent under Wisconsin law. If the cause of the accident was a manufacturing defect in the brakes, the car manufacturer could be found liable.
- Prove their negligence caused your injury. In the example above, if you suffered a broken arm and whiplash in the car crash, the drunk driver’s negligence is the cause of your injuries. In the instance of defective brakes causing the crash, it’s possible to hold the manufacturer accountable.
- Prove your injuries caused harm. This may sound obvious, but you will need to show how exactly the broken arm and whiplash affected your life. Medical expenses and lost wages are examples of compensatory damages (harm you deserve to be compensated for).
An experienced personal injury attorney will help ensure your claim meets the requirements of Wisconsin tort law and increase your chances of collecting the compensation you deserve.
Time Limits for Making a Personal Injury Claim
The statute of limitations is the amount of time you have to file a personal injury claim after an accident. In Wisconsin, victims have three years from the date of the accident to file a personal injury lawsuit. You get one opportunity to recover damages for your injuries, and if you wait too long you can lose your chance to ever collect compensation.
An experienced personal injury lawyer can provide you with important guidance in deciding when is the right time to file a personal injury claim. Settling too quickly or waiting too long can both harm your outcome.
Insurance Companies Will Use Delay Tactics to Run Out the clock
Insurance companies like GEICO use the statute of limitations to their advantage and have many ways to delay the claim process. Your ability to file a personal injury lawsuit is your one bargaining chip during settlement negotiations. If the time limit runs out and you still haven’t agreed on a settlement for your claim, you now have to accept whatever amount the claim adjuster is willing to offer. In the worst scenarios involving fatalities of loved ones, our wrongful death attorneys will fight for the highest possible compensation.
How Much Your Personal Injury Claim is Worth
After a devastating accident, you deserve compensation for the total of all the harm you suffered, including the disruption of your daily life and the stress of dealing with the aftermath. There are varying types of damages available to accident victims, and each case is unique. The total compensation you can expect from your personal injury case depends on your circumstances and whether you have an experienced lawyer on your side.
- Medical Expenses (including bills, transportation, rehabilitation, and our pocket expenses)
- Lost Earnings (including time spent unable to work and lost future earning potential)
- Pain and Suffering (including emotional turmoil, physical pain, and loss)
The financial costs of an accident are easy to calculate. However, determining future medical expenses or lost earning potential requires expert help—not to mention estimating the value of pain and suffering in terms of dollars and cents.
Warshafsky Law has the resources to maximize your personal injury settlement, including doctors, economists, and years of experience working both as insurance company lawyers and personal injury attorneys. We have a reputation for obtaining large sums of money for our injured clients.
Wisconsin’s Shared Fault Law Can Lower the Value of Your Claim
If a lawyer representing the at-fault party (or their insurance company) argues you are partly to blame for the accident, this can limit the amount you’re able to recover in damages. Your chances of collecting the compensation you need are much higher with the help of an experienced attorney. Insurance companies have entire legal departments devoted to minimizing the amount they pay in claim settlements. You need a lawyer who understands how they operate in order to protect your rights and reach a fair settlement.
A lawyer interested in turning your case into a quick payout may give you examples of average settlements and try to talk you into a quick agreement with the insurer. Sign and settle law firms rely on handling claims quickly and can’t be trusted to tell you the true value of your case. At Warshafsky Law, we investigate every claim thoroughly to ensure you get the biggest settlement you’re entitled to.
