PERSONAL INJURY LAWYER
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When you get seriously injured and someone else is at fault, working with a personal injury attorney is the best way to ensure that you get the full compensation you’re owed.
Has an auto wreck left you buried in debt and struggling to determine the best way forward? Our Milwaukee law firm can guide you through every step of the claims process.
Injured motorcyclists often discover too late that insurers love to take advantage of stereotypes and blame them for the accident. Make sure that your claim gets the respect it deserves.
A wreck with an 18-wheeler doesn’t have to leave you struggling to figure out how to put your life back together. You can hold the responsible party accountable for the damages caused.
Injuries caused by boating accidents can lead to huge amounts of medical debt and other damages. A personal injury claim is often the best way to recover compensation for your losses.
Whether you were bitten by a dog on private or public property, you might have options available to hold the animal’s owner or handler accountable for what you’ve been through.
When someone dies in a fatal accident, the victim’s family goes through turmoil, both financially and emotionally. A civil suit can help you protect your family’s wellbeing and future.
Whether you tripped or slipped, a fall on a dangerous surface can lead to incredibly serious injuries. Let our lawyer help you file a personal injury claim seeking damages to get you back on your feet.
About the Law Offices of Gary S. Greenberg
At our firm, the name on the door is the very person you’ll get to talk to. When you need a personal injury lawyer that delivers results and personal attention, we are the firm to call.
Milwaukee’s Personal Injury Attorney
Gary Greenberg has been practicing law in Wisconsin for well over two decades. He has dedicated his career to helping the victims of accidents and injuries recover compensation for the damages they’ve suffered. He takes every case as seriously as he would his own; when you work with the Law Offices of Gary S. Greenberg, you’ll benefit from the services of a dedicated, determined legal advocate.
Attorney Greenberg is a member of the Wisconsin Association for Justice, and his practice has received an A+ rating from the Better Business Bureau. We treat our clients like family and never stop fighting to get the results they need to get back on their feet and put their lives back together. Whether you’ve been hurt in a car crash or been bitten by a dog, Gary is the Milwaukee personal injury lawyer for you.
Get in touch with our injury law firm today to find out how we can help you. When you receive your free consultation, you’ll be talking with Attorney Greenberg himself. The name on the door is the very same person you’ll be dealing with from start to finish—not some paralegal or junior attorney. Contact the Law Offices of Gary S. Greenberg today and discover the difference we can make in your case.
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Free Consultation with a Personal Injury Lawyer
Medical bills, lost time at work, property and vehicle repair . . . the time after a personal injury is filled with expenses and losses, so it’s no surprise that many victims are hesitant to contact an injury lawyer because they’re worried about legal fees.
At the Law Offices of Gary S. Greenberg, we have no interest in adding to your burdens. This is why we offer our legal representation on a contingency basis and provide all new clients with a free consultation. You can discuss your case with a top Milwaukee personal injury lawyer with no strings attached!
Why Choose Greenberg Law
Recovering from an injury-causing accident isn’t easy, and dealing with the legal system can be even worse. When life puts you into this situation, make sure you’ve got the right attorney on your side.
Get the Full Personal Injury Settlement You Deserve
The Law Offices of Gary S. Greenberg is committed to the principle that those responsible for causing an accident are obligated to compensate their victims for the damages and injuries caused. In short, when you get injured, we take it personally. You want our personal injury lawyer in Milwaukee on your side because he’ll do everything possible to get you the full compensation you need and deserve.
Other law firms might be happy to simply get an offer from the insurance company, but Attorney Greenberg is relentless in pursuing every cent of compensation that should be included in your settlement check. From commercial trucking accidents to brain injuries, our Milwaukee law firm’s experience and reputation will serve you well in successfully resolving your claim.
We know Milwaukee’s court system, and we know the nuances inherent to fully investigating an injury claim. When seeking financial compensation, you need a lawyer who provides the right mix of capability, resources, and investment in you, which is precisely what you get when you work with the Law Offices of Gary S. Greenberg.
Don’t settle for simply getting a settlement. Instead, work with a Milwaukee personal injury attorney who will fight for your rights and who’s willing to take your case to court if that’s what’s necessary. If you’ve been hurt and someone else was at fault, choose the Law Offices of Gary S. Greenberg and get an attorney in your corner who takes your case as seriously as you do.
Milwaukee Personal Injury Lawyer
An accident can happen anywhere: the comfort of your own home, on the road, and places where you least expect one to occur. Unfortunately, the results can be catastrophic. When you’ve suffered a major injury, you’re dealing with not only the pain, but also the expenses, trauma, and legal problems that follow an accident.
Dealing with all these things at once can be tough. It’s difficult to know where to start, who you can turn to, and what to do when you need to take legal action. Fortunately, you do have options available.
When you didn’t cause your accident and someone else was at fault, you deserve compensation for the pain and suffering you’ve been put through, and a Milwaukee personal injury lawyer can help. With the Law Offices of Gary S. Greenberg, you can expect dependable legal counsel and an attorney who will fight for your compensation.
Types of Injuries and Civil Suits
After your accident, you’re likely thinking primarily about the serious injuries you’ve suffered. An injury serious enough to warrant legal action can leave you in excruciating pain and, in some cases, may affect your life going forward.
As such, it’s important to keep track of the injuries and losses you’ve suffered. To get the full compensation you deserve, we’ll need to consider all the injuries you’ve suffered and their impact on your life. Understanding what symptoms you’ve experienced and to what degree will help us determine the damages you’re due.
If you’ve suffered any of the following injuries, the personal injury lawyer from our firm can help you determine what action to take when seeking compensation:
- Traumatic Brain Injuries – The brain may be protected by the skull, but a forceful impact can damage the brain and disrupt it. Whether the result is a mild concussion or severe brain damage, a brain injury can affect your normal functions like memory and mental focus, making it almost impossible to live as you once did.
- Spinal Cord Injuries – The spinal cord is a sensitive body part, and damage done to it will affect your mobility most. An incomplete spinal injury may cause pain, weakness, and numbness below the damaged area, but a complete injury severs the spinal cord and stops all brain signals from reaching below the point of the injury.
- Whiplash – While not as long-lasting as other injuries, whiplash is painful, and it can be difficult to recover from. You may need extensive strength training and physical therapy to recover from your neck injury.
- Broken Bones – A fracture can be severely painful, and a serious break can make it difficult or impossible to return to work until you’ve healed. Some bones may also require surgery to repair the damage, which adds to your medical expenses.
- Organ Damage – The force of an impact, such as what’s suffered in a car accident, can cause internal bleeding, which is life-threatening if not treated quickly. If you’re suffering from any pain after your accident, you may need further medical treatment in order to recover.
Types of Personal Injury Cases in Wisconsin
Once you’ve gotten the immediate medical treatment you need, your Milwaukee personal injury lawyer will then need to examine your case and determine what type of accident you’ve suffered. From there, we can begin investigating and gathering information.
Knowing your case type will help us determine exactly what happened, what caused the accident, and who’s at fault for it. These factors will help us determine who the at-fault party is and what we’ll need to prepare your case for negotiations or trial. If you’re not sure what case type you’re dealing with, consider the following or contact our attorney for help.
Motor Vehicle Accidents
Many people suffer major accidents on the road every day. It can happen at any time: you’re in your car or on your motorcycle and another driver doesn’t take the basic duty of care needed to protect you from harm. This driver might be in another car, or you may have been hit by an 18-wheeler, which could be more devastating.
In these cases, you’ll need to act quickly to show that you weren’t at fault and the other driver was. Since Wisconsin is a “fault” state for auto insurance, the person responsible for the accident should also be responsible for the expenses caused by it.
You’ll need to fight for this compensation. Auto crashes can be one of the most violent types of accidents, and the damage one can do can affect your overall health, leaving you with physical and mental trauma that can haunt you for the foreseeable future.
Dogs may be man’s best friend, but they’re not always friendly. If you were out enjoying a day at the park, or if you were taking a walk, an aggressive dog might have bitten you without provocation for example.
When this happens, the owner may be responsible for your injuries, and it’s important to fight for your compensation. Dog bites are serious, and your medical expenses could be especially high even though the attack wasn’t your fault.
We often rely on goods and appliances to make our life easier. Whether it’s improving our health, cooking our food, or connecting with others, the products we use should make our lives better. Unfortunately, products can injure you or make you ill when the manufacturer doesn’t take care to protect your health and safety.
As such, you may have taken a defective drug for a serious illness, and now you’re sicker because of their carelessness. In other cases, you and your property could have been severely damaged when your appliance malfunctioned, leaving you with severe injuries like burns and electrical injuries.
In some cases, your injuries might not have been an accident. Another person intended to harm you and left you in serious pain and with the expenses of the damages caused. These cases are unique because you’re not dealing with your civil personal injury lawsuit alone. The person responsible for your injuries may also be tried in criminal court.
Keep in mind that these are two separate systems. While the criminal trial will take priority and may postpone your proceedings, you’ll still be eligible for compensation. You won’t, however, receive any funds from the criminal case itself: The outcome will strictly be to punish the person for the crimes committed.
This can help your personal injury case, however. If the defendant was convicted of a crime against you, you can use this to prove that you were injured by this person and deserve compensation. While criminal cases require evidence “beyond a reasonable doubt,” you’ll only need to provide an abundance of evidence that you suffered damages. Our Milwaukee personal injury lawyer can help with this.
Who’s at Fault?
When preparing your injury case, you’ll need to determine who’s responsible for your damages and therefore needs to cover your expenses. It’s important to remember that this may not be the same person who caused the accident, and in some situations, your accident may have been caused by an inanimate object, so you’ll need to investigate for fault.
For example, when you’re hit by a car, it’s typically the fault of the other driver. But what if that person was delivering flowers at the time? Those drivers are at work, and because of this, the damages caused might be the responsibility of the employer.
In these situations, you’ll need to investigate to find the employer. Rather than suing the driver, you’ll instead act against the company that employs the individual. In some cases, it might not be immediately clear who’s responsible for the accident, but a personal injury lawyer can help you get your investigation underway.
And what if no other person was around during your accident? You may have been injured by an object that malfunctioned, and in some cases, that means that the manufacturer was negligent and should be held responsible for your injuries. If you’ve suffered because they knowingly put out a defective product or didn’t ensure the safety of their product, you may be entitled to compensation.
Suing a Government Agency
While it may be more difficult to manage, it may be necessary to sue a government agency for the damages you’ve suffered. You may have been injured when a government-owned vehicle hit you on the road, or you may have been injured because of dangerous road conditions. If you’ve suffered because of a government agency, you may be eligible for compensation.
For example, let’s say that you hit a major pothole that should have been fixed before your accident. You were badly hurt, but you were the only vehicle involved in the accident. In these cases, the government agency responsible for taking care of the roads should be held responsible for their negligence.
Unfortunately, this isn’t always easy. Suing a government agency can be difficult, so you’ll need aggressive legal representation to make sure you get the full compensation you deserve. You’ll need a lawyer who can find evidence that you weren’t at fault, and you’ll need help to ensure you meet all time limits and protect your case against accusations of negligence.
Dealing with Insurance Companies in Personal Injury Claims
In many cases, your first option might be to go through the insurance companies. Filing a claim for your injuries could get you a settlement faster without going through the court system. While this isn’t an option for every type of personal injury, your personal injury attorney can help you determine what your settlement could be and how to file your claim.
Once you’ve filed an injury claim, the insurance company should send someone to investigate your case and assess the damage. They’ll calculate the losses you’ve suffered, and they’ll give you a settlement offer for those damages.
Unfortunately, even if you’re able to file a claim, you may have trouble getting the settlement offer you need. They may deny you if there’s any question of negligence or fault in your case, and they may use underhanded tactics to avoid paying out the settlement you deserve.
Remember that at the end of the day insurance companies are for-profit businesses. Their priority is keeping their investors happy and making a profit, so they’ll do what they can to fight against paying out for your accident. This might include refusing to respond, responding slowly, or lowballing your settlement, all done in the hopes that you’ll take the settlement they offer. Speak to a Milwaukee personal injury lawyer from the Law Offices of Gary S. Greenberg before accepting their offer.
Wisconsin Injury Laws Will Affect Your Claim
If you’re unable to get the settlement you need from the insurance company, your next option for compensation will be a lawsuit for your personal injury. When you file your claim, you’ll also need to take steps to protect that claim and ensure that you get full compensation for your injuries.
Personal injury law will affect your case, and if you don’t take steps to protect your claim, you could lose a portion or all your compensation simply through not acting. As such, you’ll need to keep certain Wisconsin state laws in mind as you prepare your claim.
Every case is unique, and you may have specific laws beyond these that apply to your case type. The following laws, however, will affect most claim types and should be considered by anyone looking to file a personal injury claim in Milwaukee or elsewhere in Wisconsin.
Statute of Limitations for Personal Injury Claims
Milwaukee residents will need to take care to file their personal injury claim within three years. While these limits are meant to keep evidence fresh, it can keep you from the compensation you need. Those who don’t act within this time limit will have their cases dismissed—and they’ll be barred from monetary recovery.
This might seem like plenty of time to act, but it’s important to get your claim started as soon as possible. When you’re in the hospital for an extended time, or if your insurance settlement process is especially long, it’s easy to miss deadlines. A Milwaukee personal injury attorney can help you keep track of your deadlines.
Comparative Negligence in Wisconsin
Even if you follow the deadlines for your personal injury claim, you may still have trouble getting the compensation you need if there’s any question of negligence on your part. Wisconsin recognizes “comparative negligence,” which means that your compensation could be reduced by the percentage of fault you were responsible for—or barred entirely if you’re over 50 percent at fault.
For example, let’s say you were driving down the highway, and you were adjusting the radio when another person swerved into your lane, crashing into your car and injuring you. While the other person caused the accident, the judge may find you 15 percent at fault for the accident.
This may not seem like a lot, but when you need compensation, you need the full compensation that your claim is worth. In this example, if your case was worth $200,000 before you were found 15 percent responsible, you would then lose $30,000 of your compensation (15 percent), which can cut into the funds you need to pay for your damages.
Because of this, it’s best to be prepared to defend your case as well as to show how the other involved parties were responsible. While it may be clear that they caused the accident, you could be found partially at fault when you go without legal help. This is where a personal injury lawyer in Milwaukee will be especially helpful: We can prepare a defense to any accusations of fault that the other side might use to reduce your compensation.
Getting the Personal Injury Compensation You Deserve
Being sure of how much compensation you should receive can help you in the courtroom and with the insurance company. Once you know what your claim is worth, you’ll know what to ask for and what you’ll need to make a full recovery.
But how do you determine what that compensation is worth? This can be complicated, considering that there are different types of damages and that these are all calculated in different ways. It’s generally best to have an injury attorney to help with this, as well. Our law firm can calculate all types of damages and make sure that you’re getting what your claim is truly worth.
When you begin your claim, your economic damages will likely be the first damages that come to mind. These are the financial losses that you’ll suffer in the aftermath of an accident, such as the following:
- Current and future medical expenses
- Lost wages
- Lost earning capacity
- Property damage
- Household accommodations
These can generally be calculated based on what you might have already spent. Medical bills, for example, will simply need to be added up to get the appropriate compensation. Keep in mind, though, that your future health needs and expenses should also be considered.
Any expenses that you’ve suffered because of your injury should be counted, and your future losses are no exception. For these, your Milwaukee personal injury lawyer will calculate their worth based on past expenses. For example, a future surgery can be estimated, and your lost earning capacity can be found by calculating the amount of income you’ve lost through being unable to work.
Non-financial losses can be a little more complicated to calculate. These damages should cover the intangible losses you’ve suffered through your physical, mental, and emotional suffering. Also known as “pain and suffering” damages, these should compensate you for the trauma you’ve been put through because of your accident.
For example, let’s say you were in an accident that damaged your spine, leaving you paralyzed. While your economic damages will cover the medical bills and financial changes to your life, what about the mental trauma of being unable to walk? In addition, you might have physical pain, or you might have experienced changes in your relationship with your spouse, your family, and your friends.
These damages may be intangible, but that doesn’t mean they’re impossible to calculate. A lawyer will have the tools to find their worth, which is based on how severe your suffering is and how much it’s impacted your life. For example, a model might receive more compensation for a facial injury because it affects his or her career. Your injury attorney will have the tools to account for your unique situation.
How Our Milwaukee Personal Injury Lawyer Can Help
When you’ve suffered a major injury, you’re already in a difficult position. On top of that, you have growing bills to pay, the insurance company may be difficult to work with, and you may be unable to work during this time, meaning no income to deal with many of these factors.
A personal injury lawsuit may seem like the best choice for you, but what about the laws related to your case? Making a mistake that costs you your compensation is shockingly easy, and it could leave you struggling to deal with the aftermath of the accident.
Dealing with any of the above is already difficult enough. When you have everything on your plate at once, it’s overwhelming—and you’ll need help. Even if you have the knowledge to handle your case, keeping up with every aspect alone puts too much on you while you’re healing from your accident.
When you’re dealing with a personal injury claim, contacting a Milwaukee attorney can help you through your difficult time. When you need compassionate guidance and an advocate in your corner, you need the Law Offices of Gary S. Greenberg.
Reach Out to a Milwaukee Personal Injury Attorney
When you’ve been injured in an accident and you need compensation, seek out a lawyer from the Law Offices of Gary S. Greenberg. We can give you the professional legal guidance you need to prepare for a claim, and we can fight for the compensation you deserve after you’ve been injured.
If you have questions or if you’re ready to get your case started with a free consultation. We’ll evaluate your case and discuss what we can do for you. We want you to be confident that we’re the right firm for you before we begin your claim.
After a major accident, let our Milwaukee personal injury lawyer help, starting with a free case review. Reach out to us by calling 414-271-7007 or by filling out the online form below.
Milwaukee Personal Injury FAQ
If you’re considering bringing a personal injury claim in Wisconsin, you likely have many questions about what’s ahead. At the Law Offices of Gary S. Greenberg, our Milwaukee personal injury attorney can answer any questions you have about your case so that you can prepare with confidence.
For answers to some of your questions, see the list below or contact us directly for more information. We’ll help you get the answers you need for your case.
What does “personal injury” mean?
Personal injury claims are a type of civil claim where you have been harmed by another person, whether intentional or otherwise, and you need compensation to recover from your suffering and losses. Personal injury claims cover many types of accident cases, but all stem from another person’s negligence.
What makes a person’s actions negligent?
We all have a basic duty of care to protect the safety of those around us, especially when we’re involved in doing something that could injure another person. Whether that’s ensuring the safety of a product, driving carefully, or not seeking to harm another person, we’re all expected to uphold that duty.
When a person is negligent, that means that he or she did not act in line with this concept. The person did something reckless, careless, or with the intent to cause harm, and you suffered for it. When someone directly or indirectly caused the accident in question, the injured party should receive compensation for that suffering.
What injury case types do you handle?
We handle a wide range of cases, from vehicle crashes to defective products. A personal injury case can happen at any time, and our attorneys have experience dealing with plenty of unique situations. If you’re not sure if your case fits as a personal injury case, give our Milwaukee personal injury lawyer a call to discuss your claim and how we can help.
What injuries are most commonly seen in personal injury lawsuits?
The injuries you suffer will obviously depend on the situation. For example, a car crash is more likely to cause devastating trauma because of the impact, whereas defective medication could worsen your condition or leave you fighting off other diseases.
A personal injury case might include health conditions such as the following:
- Traumatic brain injuries
- Spinal injuries
- Dangerous illnesses
- Bone fractures
- Emotional disorders
How do I know if my injury is serious enough for a claim?
The severity of your injuries could vary, and judging it on your own can be difficult if your injuries aren’t extreme. Speaking to our personal injury lawyer can help you determine whether you should file a claim, but if your accident affected your expenses or your daily life at all, you should be compensated for the suffering you’ve been put through.
If you’ve suffered financial losses due to your injury, it can be worthwhile to file a claim. A personal injury claim can help you regain the money you lost, especially if your insurance won’t cover your losses. Likewise, if you’ve suffered due to the accident, whether physically or emotionally, our injury lawyer can determine what you’re owed because of your pain.
What if a loved one passed away because of a personal injury?
In these cases, you or another family member may choose to file a claim for wrongful death. The victim’s suffering should still be compensated, and your family deserves peace of mind and justice for this loss. Your compensation should cover the debts from the accident, like medical bills and burial expenses, and it may include your own losses. This includes both the financial and the emotional losses you’ve suffered.
Keep in mind, however, that Wisconsin does have rules that specify who can file a wrongful death claim. If you’re not a personal representative or one of the following surviving family members, someone else will have to bring the claim:
- Domestic partner
- Legal guardian
Can I sue if my child was the one injured?
If your child suffered at the hands of another person, your family deserves compensation for the pain caused, but the child won’t be able to file a claim on his or her own. As the legal guardian, you have the right to file a claim for your child’s injuries. While your child can’t legally act independently, we can help you fight for the compensation owed.
What should my first steps be after suffering a personal injury?
When you’ve been in an accident, you should first get medical treatment. Even if you believe you’re okay, it’s best that you act now and have an exam to make sure you’re well. This gives you more time to decide whether to file a claim, and it can give you a more complete picture of the damages you’ve suffered. Once you’ve received medical care, you can begin your case by speaking with a personal injury attorney in Milwaukee.
If you believe you should be compensated for your injuries, one of your first steps should be to seek out a lawyer. Calculating your claim’s value can be complicated, and if you’re not sure what your next steps should be, the Law Offices of Gary S. Greenberg can review the process with you and help you make decisions about your case.
Do I have to go to court?
Not always. In some cases, such as with car accident claims, you may first choose to file a claim with the insurance companies involved. Many people receive the coverage they need through this process, so you might be able to settle out of court.
What should I say to the insurance company?
In general, it’s best to say as little as possible to the insurance company. The insurance company will need to know about the accident and its details, but it’s best to avoid making any comments about who was at fault. Most insurers will record their calls, and what you say to the insurer could be used against you if you need to take your case to court.
As such, it’s best to provide only basic information about the accident. You might also need to provide the other driver’s insurance information, since all expenses should be covered through his or her insurer.
What is the settlement process for insurance companies?
Once you file an injury claim with the insurers, they’ll send an investigator to determine what happened, who is at fault, and how much the damages amount to. The insurance company might speak to your doctor, gauge the value of any damaged property, and estimate the value of your case. When this is done, you’ll receive a settlement offer for your claim if they find that the other person was at fault.
How do I know the insurance company is giving me a reasonable settlement?
It’s difficult to say whether you’re getting a fair settlement without the help of a Milwaukee personal injury lawyer. Because there are so many damages involved in a serious accident, you’ll need the tools and resources a lawyer can provide to calculate them accurately and completely.
Even so, it’s best not to accept a settlement offer until you’ve determined the true worth of your injury claim. Taking a settlement quickly could leave you without the funds to cover your medical bills and other financial losses.
What do I do if the insurance company offers me a low settlement?
First, remember that you don’t have to accept their settlement offer. In many cases, your first option is to respond to the settlement offer by stating what your settlement should be worth. Knowing what your case is worth can help your argument during this part of the process. Unfortunately, you may still have some trouble getting the settlement you need.
The insurance company may refuse to offer a higher settlement, or they may delay responses. In some cases, you might not even get a response. This makes many people desperate when they’re suffering, but don’t let them bully you into a low settlement. If they refuse to offer what you deserve, we’ll fight for your compensation in court.
How do I determine what my damages are worth?
Determining your damages will require a few steps to arrive at an accurate evaluation, and this can be a complicated process. First, it’s best to begin by listing all the damages you’ve suffered, as well as the effects of your injuries. For example, a brain injury might be costly, but you’ll also have suffered mental anguish or loss of enjoyment of life because of the accident.
Once you’ve listed the damages you’ve suffered, a personal injury lawyer can help you calculate their worth. Some will simply need to be added together, while others may be estimated based on severity and impact on your life. Beyond that, you should also count your future damages: Future surgeries, lost income, and other life changes should all be considered when you’re calculating your claim’s worth.
What’s the difference between economic and noneconomic damages?
Economic damages are the financial losses you’ve suffered, as opposed to the non-economic damages—those that don’t have a monetary value. While economic damages are your bills and financial losses, your noneconomic damages cover the following:
- Pain and Suffering – A serious injury is often painful, and you deserve compensation for the suffering you’ve endured after your accident. These may be subjective, but you should be compensated when your physical pain is serious.
- Loss of Consortium – Your injuries could also affect the personal relationships in your life. “Loss of consortium” covers the loss of affection, companionship, and comfort that you might experience when you’re injured or when a loved one is killed. As distressing as it can be to have your relationship changed by someone’s negligence, you should be compensated for this.
- Mental Anguish – Mental anguish typically covers the distress, grief, and other negative emotions you might feel in the wake of an accident. For instance, losing mobility or being disfigured takes a mental toll on you that may leave you traumatized and depressed. These emotions can affect how you live, so be sure to include these if needed.
What are punitive damages?
While your economic and noneconomic damages are meant to compensate you for your suffering, punitive damages are different. These damages are meant to punish the person responsible for the accident with the hope that this will curtail further similar actions by the defendant. While these damages aren’t awarded because of what you’ve lost, they can give you some peace of mind and justice after your accident.
Not every case can claim these, however. Punitive damages are meant to punish extremely reckless behavior, so it may be difficult to get these damages. Even so, your case might be appropriate for punitive damages. A personal injury attorney can review your case and discuss whether the defendant should pay punitive damages.
Are there any caps on the damages I can recover in a personal injury claim?
Your economic damages should be covered, and Milwaukee residents should have no trouble getting the full compensation they deserve for their noneconomic damages, as well. However, keep in mind that claims against the state are limited to $250,000. If you were injured because of Wisconsin’s state government, it’s best to speak to a lawyer as quickly as possible about getting your full compensation.
While it’s uncommon to receive punitive damages, remember that these will be limited even if your case does qualify. If punitive damages are awarded at all, they’ll be capped at double the compensation you receive, or at $200,000, depending on which amount is larger.
Who is responsible for my damages and losses?
This will depend on who caused your personal injury and what the circumstances of the accident were. In many cases, it’s the person who caused the accident.
Employees, however, are the responsibility of their employers in many cases, and you may need to seek out the employer for compensation. Likewise, if you were injured by a defective product or drug, you may need to seek out the manufacturer for your expenses. We’ll help you find the person who owes you compensation.
Can I still sue if I believe a government agency caused my accident?
Yes, but suing a government agency is more difficult than other types of personal injury claims, and it can be especially difficult to file a successful claim on your own. If you’ve been injured by a government entity, you’ll have 120 days to notify them of the incident—or you could be barred from recovery. As complicated as it can be, you’ll need to be especially prepared for a lawsuit against a government agency.
I was injured at work. Can I file a personal injury claim for my work accident?
In some cases, yes, but not every case is eligible. In most cases, your first option will be to seek workers compensation, and for many people, this will cover your needs after a work accident. In some cases, however, you may have suffered an injury at work that isn’t covered by work comp insurance. In these cases, you’ll need to file a personal injury claim.
If you’re injured on the job, you may be able to file a personal injury claim if you were hurt in one of the following situations:
- Your employer was grossly negligent in a way that would obviously cause harm
- Your employer doesn’t carry workers compensation insurance
- You were injured by a defective product and should sue the manufacturer
- You were injured by illegal or toxic chemicals or other substances
- Your employer or fellow employee intentionally harmed you
I was intentionally injured and the person responsible is already on trial. Can I still file a claim?
Yes. While they may already be on trial, they should be appearing in a criminal trial, not a civil trial. These are separate types of trials, and a criminal sentence will not provide you with compensation. You’ll need to file your own civil claim for your damages.
Fortunately, a criminal guilty verdict against the at-fault party can help you. A conviction could give you the evidence needed to show how the other person was responsible, since criminal cases require more evidence to prove that the person is guilty than civil cases require to prove fault. While you’ll need to wait for the criminal proceedings to conclude, you’ll be able to recover compensation after the criminal trial is over, in most cases.
I think I was partially responsible for my accident. Will this hurt my claim?
It’s generally best to not admit that you’re responsible at all for the accident. Wisconsin injury cases will be affected by “comparative negligence,” which means that while you didn’t cause the accident, you might have been partly responsible for your injuries. This will diminish your compensation in proportion to the amount of fault you’re responsible for.
This can bar you from recovery in some cases. If you’re found over 50 percent at fault, your case will be dismissed, so your Milwaukee personal injury attorney will fight to show that you weren’t at fault for the accident.
What else could hurt my personal injury claim?
Time limits called statutes of limitation will affect your case, as well. You’ll need to file your claim within three years before you’re barred from recovery for most personal injury claims, and if the defendant is a government entity, you’ll have even less time. That’s why it’s important to speak to an injury attorney as soon as possible: You have a limited amount of time to organize your case and prepare, and you need help staying within that time limit.
What is the lawsuit process?
You’ll need to determine the case type and who caused the accident first. This will help you determine who’s responsible for your injuries and who you need to file a claim against, whether you’re seeking a settlement with the insurance company or in court. You’ll also need to determine what your compensation is worth so that we can fight for what you deserve.
Once you’ve gathered the information needed to file, you’ll file your claim and notify the defendant of the lawsuit. Once you’re in the courtroom, your personal injury lawyer in Milwaukee will fight for you by using the evidence gathered, defend you against accusations of fault, and show that the other party acted negligently. From there, the judge will decide whether you’re owed compensation and what you should receive.
How long will it take to receive my injury compensation?
This will depend on your case and your unique situation. A personal injury case can take weeks or months to finish, depending on how cooperative the insurance company is, if you can file a claim with them first, and whether you’ll need to file a claim with the court right away.
Additionally, any problems with your case will add time to the claims process. If there are questions of fault, for example, you may encounter delays. Large damages could also affect your case. The more money involved, the more time it will take to settle or receive compensation, so remember that many factors can delay or speed up your case.
Do I need a lawyer for a personal injury claim in Milwaukee or Wisconsin?
For most people, it’s recommended that you have an attorney on your side when you file. While it may not seem necessary, having the tools and connections that a personal injury lawyer can provide will make a big difference in your case. The Law Offices of Gary S. Greenberg can provide information and guidance from years of experience, connections, and resources that you otherwise wouldn’t have access to.
We can also help you fight when you’re overwhelmed. You’ve suffered major injuries, which come with financial losses and trauma, and that makes it even more difficult to defend your case in the courtroom. When you’re overwhelmed by your case, having an injury lawyer on your side can help you get the full compensation you might not get on your own.
What if I’m not sure that I can afford an attorney?
While many of our clients can’t afford hourly rates, personal injury attorneys typically work according to contingency fees. Indeed, residents of Wisconsin are protected by certain laws that make sure all lawyers keep their contingency fees reasonable, making certain that you still have enough of your compensation to recover even after the legal fees have been paid.
In this case, you won’t pay up front for our services. Instead, you’ll agree to pay our firm a certain percentage of your final compensation if we win your case. We’ll review the percentage that you’ll be expected to pay before you sign anything, as we believe in full transparency.