Best Personal Injury Lawyers Milwaukee, WI Of 2024 – Forbes

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There are a few things you should keep in mind to successfully file a personal injury lawsuit in Wisconsin and to win a favorable verdict or settlement. Your personal injury lawyer in Milwaukee can help you understand the specific laws applicable to your case, but we have prepared a guide to help you keep track of all the general rules you need to know to win this fight.

Wisconsin Statute of Limitations

You must file a personal injury lawsuit within three years from the date of the act that caused the injury. Once this statute of limitation expires, your suit will get dismissed unless you qualify for the rare exceptions. Some of these are:

  • Disability. If the injured person was either under the age of 18 or mentally ill at the time of the accident, they can file a lawsuit until two years after they turn 18 or their disability is removed. In cases where mental illness is the cause of the extension, the lawsuit has to be filed within five years from the date of the act of negligence despite the status of the victim.
  • Medical Malpractice Statute of Limitation. In medical negligence cases, you have three years from the date of the incident or one year from the injury’s discovery date (if you did not discover the malpractice until later) to file the lawsuit against the defendant. But in any case, you cannot file a case after five years from the date when the negligent act took place.For example, a negligent act during a surgery caused you an injury and you didn’t discover it until three years after the surgery. You can still take action against the surgeon or the hospital within one year from the date you noticed the injury.
  • Defendant’s Absence. In case the defendant leaves the state or resides outside of the state before the lawsuit is filed, the period of absence will not be included in the statute of limitation.

Wisconsin Personal Injury Laws

If you are injured by the negligence of another person in Wisconsin, you can claim compensation for the damages suffered. This will reimburse you for both the economic and non-economic damages caused by the negligent act.

While you can receive the full amount for your economic and non-economic damages in most cases, the Wisconsin law does put caps on certain specific types of claims. This means, your final claim amount will be reduced to accommodate the following caps:

  • Medical Malpractice Non-Economic Damages. You cannot receive more than $750,000 for non-economic damages in a medical malpractice injury. Non-economic damages include pain, suffering and noneconomic effects of disability.
  • Claims Against the State. If a government agent or an employee is a defendant in your claim, your final claim amount will be capped at $250,000.

Identifying Fault in Personal Injury Cases

In Wisconsin, the party at fault for causing a personal injury is liable to compensate the injured person. Your personal injury attorney in Milwaukee can help you determine the parties responsible for the negligent act based on the facts of your case. Identifying the defendants can sometimes get complicated because multiple parties who were not present at the accident may be ultimately at fault for causing your injuries (such as a car manufacturer).

The amount of compensation you are eligible to receive is determined by a principle called modified comparative negligence. If your negligence contributed to the act that led to your injury, you are still entitled to receive compensation. Your claim amount, however, will be deducted by the percentage of your negligence.

For example, if you were injured in a car accident while you were speeding a bit over the limit and a drunk driver jumping the red light crashed into your car in the intersection, you will still be entitled to a claim. But the amount of your compensation will be lowered because you added to the damage caused by the accident.

If, however, your negligence was greater than 50% responsible for the accident, you will not be eligible for any compensation at all.

How Can an Attorney Help You?

If you want to file a personal injury claim in Wisconsin, it is a good idea to have an experienced personal injury lawyer in Milwaukee by your side. They can take care of almost all the legal tasks while you focus on recovering from your injury.

An experienced lawyer will file the claim with the insurance company, negotiate better compensation, keep track of all the deadlines and respond to almost all the correspondence. They can help you gather evidence to prove your claim, collect witness testimony and prepare a strong case that will motivate the insurance companies to offer the best possible compensation.

They can take your case to trial if a settlement is not reached and represent you in your lawsuit. Hiring a Milwaukee personal injury lawyer can save you from navigating the complex legal system alone and protect you from becoming prey to insurance companies’ tactics.

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