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How Wisconsin Negligence Laws Affect Injury Claims

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When you’re injured, you expect the person responsible to compensate you for your suffering. Whether you slipped and fell, were hit by another driver, or suffered an injury because of a product defect, you should be compensated for the other person’s negligence.

However, the defendant will likely accuse you of being negligent, as well. When this happens, what does it mean for you, and how will Wisconsin negligence laws affect your injury claim? Unfortunately, the effects of a negligence accusation can be serious.

If you’re seeking compensation for an injury but you believe the other party will try to pin some of the blame on you, you may need someone to help you fight back. Before you make any statements to the insurance companies, you’ll need to make sure your claim is protected from accusations of negligence.

Your Compensation Could Be Reduced

When an accident happens, the fault rarely completely falls on one individual. Many states recognize this and try to make claims fairer by including contributory negligence laws. These laws put some of the responsibility for the accident on you, not just the defendant.

For example, let’s say you were in a car crash and the other person was at fault. They’re financially responsible for your injuries, but you might have been driving drowsy and couldn’t react in time to prevent the accident. If you don’t fight back, you might be found 10 percent at fault.

While this seems like a small amount, it can add up. If your damages were $10,000, then you’ll only receive 90 percent of that, or $9,000. When you need your medical bills and other expenses covered, that amount feels significant and makes it more difficult to recover.

Your Injury Claim May Be Dismissed

In the cases described above, while your compensation would be diminished, you would still be able to recover some compensation. If you’re over 51 percent at fault, however, this might not be the case.

For example, let’s say you were injured by another person, but you were acting recklessly and didn’t take the care needed to avoid the accident. In these cases, you might be found for 60 percent of the fault. While they caused the injury, you might have played a major part in the accident.

When you’re found over 51 percent at fault for the accident, your claim will be dismissed, and you’ll be unable to recover your damages. This can be devastating when you’re dealing with major expenses, so you’ll want to avoid this where possible.

Get Help for Your Claim

When you’ve suffered a serious injury, you’ll need to do more than file a claim for your compensation. You’ll also need to protect that compensation from accusations of fault. That means you’ll need to know how Wisconsin negligence laws affect injury claims before you get started.

Fortunately, the lawyers at the Law Offices of Gary S. Greenberg can help you. Starting with your free case review, our attorneys can review your claim and defend your compensation in court. If you’re ready to get started on your claim, reach out to our lawyers by calling 414-271-7007, or fill out the online form below.