Wisconsin Car Accident Lawsuit
Is Filing a Lawsuit the Right Thing to Do?
Only you, along with the expert advice of a car accident lawyer, can decide if filing a lawsuit makes sense. Wisconsin insurance rules include a variety of options. After an accident, you can:
- Claim compensation with your own insurance policy
- Claim with a third-party insurer, usually that of the negligent driver
- File a lawsuit against the driver or someone else you believe to be negligent in causing the accident
An insurance claim may be faster, but it can also stall. You may not get as much as you need or deserve. A lawsuit may be necessary if your claim doesn’t work out, if your injuries are severe, if your expenses are high, or if you can’t work or have been left with permanent disabilities.
How Long Do I Have to Decide on Filing a Wisconsin Car Accident Lawsuit?
The statute of limitations for personal injury lawsuits in Wisconsin is three years. This means you generally have three years from when the accident occurred to file. If the negligent party is part of the government, you have just 120 days to file a formal claim, which you may follow with a lawsuit.
How Do I Proceed with a Wisconsin Car Accident Lawsuit?
Filing a lawsuit can be complicated. Your first step should be to hire the right lawyer. Look for a Wisconsin attorney or firm that specializes in car accident lawsuits and personal injury cases. They will guide you through the process and do most of the work. They will take you through most or all of these steps in the Wisconsin courts:
- File a complaint
To make a lawsuit official, your lawyer files a complaint to the courts. It notifies the defendants of the lawsuit and outlines the allegations against them. - Discovery
With the complaint filed, the discovery period begins. This is when legal teams on both sides of the lawsuit investigate the accident, collect evidence, talk to experts, and hold depositions. They also share information with each other. - Negotiate a settlement
With all the information gathered, most defendants are willing to settle even if they don’t admit liability. Going to court means they risk being ordered to pay a lot more. Your lawyer will work with their legal team to get you a fair settlement amount before trial. - Litigate
Most car accident lawsuits end in pre-trial settlements, but sometimes they go to court. Here your lawyer will litigate on your behalf, presenting evidence and testimony to prove the defendants are negligent and liable for your damages. - Appeal
Either side can appeal the resulting jury decision. If you win and the defendants appeal, the decision goes to a higher court. A judge can overturn your jury award. This is another reason most people prefer to settle out of court.
What Do I Need to Prove My Case?
Your lawyer will inform you of what they need to prove the case and show the defendants owe you damages. This usually includes your recollections and witness statements from the accidents. It may also include police reports and physical evidence, your medical bills and records, and any other information about how the accident has impacted you.
What is My Wisconsin Car Accident Lawsuit Worth?
Damages recovered in a lawsuit vary depending on the individual factors in the case and state laws. In Wisconsin, the courts follow a shared fault rule, which may limit your damages. If your case goes to court, the defendants may prove you have some fault in the accident, for instance, if you were speeding. The judge will reduce any jury award you get by the degree of your fault, such as 10%.
In terms of individual factors in your case, damages depend on:
- The severity of your injuries
- Your medical bills and other related costs
- Expected future costs for treatment and care
- Any permanent disabilities or disfigurements
- Lost wages and lost future earning potential because of your injuries
- Emotional factors, like trauma or pain and suffering
Examples of Wisconsin Personal Injury Lawsuits
How a lawsuit will turn out is never completely predictable. Your lawyer cannot make you a guarantee, but they can give you the best chance of a good outcome, as happened in these cases:
- $5.25 Million for Drunk Driving Fatality. Nicholas Hanley struck Amy and Keven Sylve’s vehicle in Sun Prairie in 2018, killing Kevin and injuring Amy. She suffered a serious brain injury and the loss of her husband. Hanley faces criminal charges but also agreed to settle with Sylve through his businesses and the insurance company.[1]
- $1.85 Million Settlement for Van Accident. In 1999, seven young adults died in a van accident in Janesville. Five others suffered injuries, some serious. The young victims were selling magazine subscriptions. The subscription company transported them by van and had 14 people in the vehicle that day. The unlicensed driver was speeding and crashed while trying to switch seats with another person as the police were pulling them over. He lost control of the van, which flipped over multiple times. The settlement from the subscription company goes to the survivors and the families of the victims.[2]
- $5.2 Million for Semi Truck Accident. Deante Calvin suffered a traumatic brain injury after his grandmother’s car was struck by a semi-truck in Rock County in 2004. A paving company, Rock Road, had placed temporary stop signs ahead of the actual intersections. These led the car to stop ahead of the intersection and then proceed through it, where the semi struck it. In mediation, Calvin’s lawyers got him compensation from Rock Road and the trucking company.[3]
If you suffered serious injuries or lost a family member to a Wisconsin car accident, lawsuits can help you recover damages and get justice. Talk to an experienced lawyer with expertise in these cases to get the best advice and for representation.