Wisconsin Personal Injury Lawsuit
How Do I Know if I Should File a Personal Injury Lawsuit?
This is tricky for anyone who isn’t a lawyer. If you’ve suffered injuries with resulting expenses, you may have good reason to take legal action. A personal injury lawyer in Wisconsin is the best person to provide advice about filing.
In general, if someone else’s actions or mistakes can be blamed for your injuries, you have a right to file a personal injury lawsuit. You may choose to do so if you can’t get compensation from the insurance company or if your injuries are severe and medical costs high.
When is it Too Late to File in Wisconsin?
Every state puts a time limit on filing a personal injury lawsuit, known as the statute of limitations. In Wisconsin, you have three years from the time of the incident to file. It’s important to talk to a lawyer as soon as possible because the courts rarely allow exceptions past the deadline.
What Will My Lawyer Need in Order to Prove My Case?
In every state, the requirements for proving negligence and liability include four components:
- The defendant had a legal duty to act in a certain way in the given situation.
- The defendant breached this duty.
- The breach directly resulted in your injuries.
- Your injuries resulted in significant damages.
An easy example of how these apply in the real world is a negligent vehicle accident. Every driver has a legal duty to drive safely and to obey traffic laws. If someone drives recklessly, runs a red light, drives distractedly, or otherwise breaks the law, their actions may cause an accident. If that accident results in your injuries and medical expenses, you can show the driver was negligent.
How Does a Wisconsin Personal Injury Lawsuit Work?
Civil lawsuits over personal injuries follow the rules of the court in the state, which are essentially the same everywhere. If you start a personal injury lawsuit in Wisconsin, you will go through most or all of these steps as you attempt to recover damages from the negligent party:
- The Complaint
The first step in a personal injury case is to file a complaint naming defendants and allegations against them. Your lawyer will do this. It triggers the start of the lawsuit and a discovery period. - Discovery Period
Once notified, the defendants can begin investigating the incident. Your lawyer will continue investigating and collecting evidence to build your case. They may also talk to experts and witnesses, hold depositions, and exchange information with the defendants’ lawyers. - Pre-Trial Negotiations
Most Wisconsin personal injury lawsuits settle before trial. If you can get a fair amount, this is ideal because it takes less time than a full trial. Your lawyer will negotiate with the insurance company or defendants’ lawyers to get you the money you deserve. - Trial
Only when negotiations fail is your case likely to go to court. You can accept what the defendants offer or push them into a trial where they may pay more in a jury award. Both sides make a case to the jury, which decides if the defendants are liable and owe you money. - Appeals
Even if you get a jury award, the defendants may delay paying you by appealing the verdict. This takes the case to a higher Wisconsin court, where the defendants hope to get it overturned. Your lawyer will argue to keep the verdict.
How Much Can I Recover in Damages?
Your lawyer will estimate the amount of damages you can reasonably seek, but this is not a guarantee. They will do their best to get you this amount in negotiations. In court, they will argue your case to win a fair amount in a jury verdict. Damages estimates take into account several factors unique to your situation:
- How severe your injuries are and if you are left with any permanent disabilities
- The extent of your medical expenses up to the present
- How much you expect to have to pay in medical bills and care costs in the future
- Any income you have lost due to being unable to work
- Any lost earning potential for the future because of disabilities
- Non-economic factors, such as pain and suffering, loss of companionship, or trauma
Wisconsin law caps non-economic damages only in medical malpractice cases. The limit is currently set at $750,000. The state’s shared fault rule also limits what you can recover. If the defendants prove you share some of the blame in the incident, the court will reduce a jury award.
Examples of Wisconsin Personal Injury Lawsuits
These examples of personal injury lawsuits in Wisconsin can give you a good idea of what is possible when you file. There are no guarantees, but seeing what other people have achieved with their lawsuits may be helpful.
- $4.5 Million Settlement in Bus Accident. Matthew Ball sued a school bus transportation company and a bus driver that struck his vehicle in Sharon in 2016. He ended up with permanent neurological damage from the accident. His case ended in a settlement.[1]
- $17.5 Million Settlement for Chemical Contamination. Residents of Peshtigo sued Tyco Fire Products and other companies responsible for contaminating their drinking wells with PFAS chemicals. PFAS is found in firefighting foam the companies used in the area. Residents claimed the companies caused property damage and illness. They settled the case in 2021.[2]
- $25 Million Verdict for Medical Malpractice. A jury awarded Ascaris Mayo significant damages in 2014 after a terrible medical mistake led to the amputation of all of her limbs. Doctors at Columbia St. Mary’s Hospital in Milwaukee failed to treat a severe infection, which caused gangrene in her arms and legs. The jury verdict included $15 million in non-economic damages and challenged the state’s cap. Mayo’s case went all the way to the Wisconsin Supreme Court, which upheld the cap and reduced her non-economic damages to just $750,000.[3]
These cases, and many others, highlight how serious negligence is and the damage it causes. If you think you a reason to file a Wisconsin personal injury case, contact a lawyer who can provide advice, guidance, and representation.