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Wisconsin Laws That Could Impact Your Injury Case
Facing an unexpected accident that results in a personal injury can be unpleasant in more ways than one. You may find yourself in a bad financial position, unable to work because of pain, and dealing with expensive and prolonged medical treatment. There’s a high probability that your belongings were damaged too, and you have to face additional costs to repair or replace them.
For this reason, you should file a personal injury claim as soon as possible. Wisconsin injury laws are on your side and will allow you to get compensated for all damages caused by the negligent party. Before you proceed, learn about the local laws that can influence your settlement and the entirety of your legal proceedings.
Comparative Negligence Rule
It’s not rare for the at-fault party or the insurance company to blame you for what happened. Thinking they’ve played a role in the events that led to their injuries is what stops the majority of victims from pursuing the compensation they deserve. This is a mistake, as Wisconsin follows a modified comparative negligence rule.
This means that even if you can be considered partly liable for your injuries, you’ll still be able to receive compensation. The damages you can recover will be reduced by your percentage of fault. The only situation where you’ll lose your rights to compensation is when you’re considered responsible for 51 percent or more of damages. Talk to your lawyer about protecting your compensation.
Statute of Limitations
You don’t have an unlimited amount of time to receive the money you deserve. Legal procedures are subject to a legal deadline called a statute of limitations. In Wisconsin, you have three years from the date your injuries occurred to settle your claim or proceed with a lawsuit. Personal injury claims that fail to respect this deadline will be dismissed.
While this may seem like a considerable amount of time, filing a claim as soon as possible after an accident can make a difference. If too much time passes, evidence gets harder to obtain and eyewitness testimony may not be as clear as it would be if you took legal action more quickly. Your lawyer can help you take action now.
While every case is different, and your settlement is influenced by the circumstances that led to your injuries and their severity, Wisconsin applies damage caps to certain types of personal injury claims. That means that even if you’re successful, you still won’t be able to receive an amount of money that exceeds the limit established by the legal system.
It would be in your best interests to connect with a lawyer that can establish if damage caps apply to your case, and move forward accordingly.
Learn State Laws with a Personal Injury Lawyer
Understanding how multiple laws can influence your case is not an easy task when you’re already overwhelmed and stressed by your injuries and an unstable financial situation. Consulting with a personal injury lawyer can give you certainty and increase your chances of filing an effective claim.
The Law Offices of Gary S. Greenberg will work to make sure you’re compensated fairly, so that you can take care of all expenses, including ones that may appear in the future. To schedule your free consultation, you can call our offices at 414-271-7007 or complete the quick contact form.