Understanding Personal Injury Cases in Wisconsin: A Guide to Common Terminology

The personal injury claims process is full of confusing steps, all while you or a loved one suffers from the fallout of an accident. The physical pain and worries about the future can leave you overwhelmed, making even simple tasks seem challenging. The complex legal system with all its different processes and terminologies doesn’t help the situation.

To help you navigate through this unfamiliar territory, we have created a thorough guide of terms and their definitions. You’ll often see these terms in Wisconsin personal injury cases.

Guide or no guide, a Wisconsin personal injury attorney can walk you through complex terminology involved in personal injury cases. Injury victims should seek legal help as soon as possible to get a case rolling.

Wisconsin Legal Terms

Defendant’s Answer: In Wisconsin legal context, a defendant’s answer is a written response filed by a defendant in a civil lawsuit. The defendant and their attorney file this response after they’re served with a summons and complaint. This common word also has a specific legal definition. In a personal injury case, an answer is a legal document that is filed by a defendant (someone who is sued) in a lawsuit. It corresponds, paragraph by paragraph, to the allegations of a complaint.

Defendants must file their answer within a specific time frame. In a personal injury case, defendants must file within 45 days of receiving the summons. If the defendant fails to file an answer within the specified time frame, the plaintiff may seek a default judgment against the defendant.

In addition to responding to the allegations, a defendant’s answer often raises legal defenses, like comparative fault or statute of limitations. The answer typically includes admissions or denials of each of the allegations made by the plaintiff in the complaint. It can also include any affirmative defenses that the defendant may have. The defendant’s answer is important in a civil lawsuit because it sets forth the defendant’s position and defenses to the claims. The answer may also include counterclaims or cross-claims against other parties.

Appeal: An appeal is a legal process in which a higher court reviews a decision made by a lower court or administrative agency. The appellant, who lost the case, requests the higher court to review the decision, alleging that an error of law was made that affected the outcome of the case. The purpose of an appeal is to correct errors made by lower courts or agencies, ensuring justice is served and legal proceedings are conducted fairly. The Court of Appeals will either affirm what the circuit court has done, reverse what the circuit court has done, or send it back to the lower court for further proceedings.

Arbitration: Arbitration is a legal process where a neutral third party (an “arbitrator”) resolves a dispute between the injured party and the defendant. It offers an alternative to a personal injury trial, where a judge or a jury makes the final decision. Arbitration is typically faster and less expensive than litigation. It also gives the parties more control over the outcome of the case. Personal injury cases benefit from arbitration in a few ways. Parties arbitrate to determine issues like liability and the amount of compensation to be awarded to the injured party.

Assumption of Risk: A legal concept that can impact personal injury cases. In Wisconsin, the assumption of risk refers to a situation in which a person engages in an activity knowing–and accepting–the potential risks involved.

For example, if a motorcyclist chooses to ride without a helmet, they may be considered to have assumed the risk of injury in an accident. This assumption of risk may limit their ability to seek compensation for accident injuries.

Burden of Proof: The legal principle of “burden of proof” is applicable in civil cases (like personal injury). It refers to the greater preponderance of evidence that the person making a claim must present to convince a judge or jury. When we say preponderance, think “weight of responsibility.”

This standard differs from that of criminal cases, where the burden of proof is “beyond a reasonable doubt.” In a civil case, the plaintiff (injured party) usually bears the burden of proof. However, if the defendant wishes to raise an established defense, the burden of proof falls on the defendant to do so.

Cause/Causation: In civil courts, for an injury claim to be successful, the claimant needs to demonstrate three key elements. These elements are negligence, causation, and damages. In Wisconsin, proving causation involves showing that the party’s action was a contributing factor in the victim’s harm. Their negligence may be the sole cause or may combine with other factors to cause harm. The crucial point is that the negligent action must be a substantial factor in causing the injury.

Collateral Source: The collateral source rule is a legal principle that applies to personal injury cases in Wisconsin. It states that compensation received by an injured party from a collateral source (like an insurance company) cannot offset lawsuit damages.

For example, if you are injured in a car accident and your medical bills are covered by your health insurance, the defendant cannot argue that those bills should be excluded from damages because they were already paid by your insurance. Instead, you are entitled to receive full compensation for your medical bills, regardless of whether they were paid by you or your insurance.

The collateral source rule is important for personal injury cases because it ensures that injured parties are fully compensated for their damages. Otherwise, the victim’s compensation could be reduced by payments from collateral sources. This is particularly relevant in cases involving car accidents, motorcycle accidents, and truck accidents. These cases often involve severe injuries and significant medical bills.

Comparative Fault: Injured parties in personal injury cases can hold partial fault for their injuries. Both plaintiffs and defendants must exercise “ordinary care.” Ordinary care refers to the responsibility to take reasonable precautions to avoid harm. If the injured party fails to exercise this duty, they can be found partially at fault. This is where comparative fault comes into play.

Comparative fault can be complex, especially in cases with multiple defendants. If a victim is partially responsible for their injuries, they’ll receive an award reduction based on fault percentage. For example, if the plaintiff is found to be 30% at fault for their injuries and the damages award is $100,000, they will only receive $70,000.

This part is perhaps the most important. When the plaintiff is more negligent than the defendant, they cannot recover damages. Comparative fault is rarely straight forward. It’s often determined on a case-by-case basis. The percentage of fault assigned to each party can vary depending on the case circumstances.

Complaint: A complaint is a formal legal document that is filed in court by an individual who has suffered harm due to another party’s actions or negligence. In the context of personal injury law, a complaint is typically filed by a victim of a car accident, motorcycle accident, or truck accident. The complaint will detail the facts of the incident, the injuries sustained by the victim, and the damages suffered as a result of the accident.

In a personal injury case, the complaint will often allege negligence on the part of the defendant. This could include negligence in the maintenance of property. A failure to clear snow from a parking lot, for example, or negligence in the operation of a vehicle like speeding or texting while driving.

The purpose of the complaint is to request relief from the court, typically in the form of financial compensation. This compensation is also known as damages (defined below). The damages sought may include medical expenses, lost wages, pain and suffering, and other forms.

Crash Report: A crash report, also known as an accident report or police report, is a detailed document filled out by law enforcement officers. They begin drafting this document when they respond to a motor vehicle collision. The report contains accident details like the date, time, location, and parties involved. It also includes a description of the accident scene and any injuries sustained. In addition, the crash report may also include witness statements and a preliminary determination of fault.

For auto accident victims, requesting a copy of the crash report is crucial for insurance purposes and potential legal action.

Damages: Damages are another way of referring to the compensation a person receives after suffering injuries due to another’s fault. In personal injury cases, damages can be categorized into economic and non-economic losses. Economic losses include medical expenses, lost wages, and other expenses related to the injury. Non-economic losses include pain and suffering, emotional distress, and loss of enjoyment of life.

Damages can also include compensation for loss of consortium. Loss of consortium refers to the impact of the injury on a victim’s relationships with their spouse or family members.

Defendant: A defendant is the party who is sued in a legal case. They are typically referred to as the party responsible for causing harm. In the context of personal injury cases, a defendant can be the driver of a car, motorcycle, or truck who caused an accident through their negligence or other wrongful behavior. Plaintiff’s seek damages from the defendant for their culpable conduct. This conduct can include a wide range of actions or omissions that resulted in harm to the plaintiff.

Deposition: A deposition is when witnesses or parties in a lawsuit give sworn testimony outside of court. In personal injury cases, depositions help gather evidence and information for trial or settlement. Lawyers from all sides ask the witness questions, and a court reporter records the testimony. This testimony can be used as evidence in court.

For personal injury law firms, depositions are key to building a strong case. By gathering testimony and evidence from those involved, attorneys can better understand the accident and support their client’s case.

Discovery: Discovery is the process where the plaintiff and defendant in a lawsuit request information from each other to build their case. In car, motorcycle, or truck accidents, discovery often includes accident reports, witness statements, and medical records. This helps establish liability and damages.

Discovery helps both sides understand their case’s strengths and weaknesses. It can lead to a settlement or trial. Law firms must master this process to effectively represent their clients.

Emotional Distress: Emotional distress, also called mental anguish, is the psychological harm someone suffers from an accident or injury. In personal injury law, it is often claimed along with physical injuries from accidents.

Emotional distress can include anxiety, depression, PTSD, and sleep problems. These issues can seriously affect daily life, work, and overall well-being.

To recover damages for emotional distress in Wisconsin, plaintiffs must prove that the defendant’s actions caused the distress and that it was severe. This often requires the skill of an experienced personal injury lawyer.

Expert Witnesses: An expert witness has specialized knowledge, training, or experience that is relevant to a legal case. In personal injury law, they may testify about the cause or extent of injuries from motor vehicle accidents, dog bites, slips and falls, and more.

For example, a medical expert might assess a client’s injuries and expected recovery, or an accident reconstructionist could analyze evidence to determine fault. Expert witnesses add credibility and objectivity to a case but can be costly. Attorneys decide whether using one is necessary and cost-effective.

Guardian Ad Litem: A guardian ad litem is a court-appointed representative who protects the best interests of a party. This party may be a minor or an incapacitated person during legal proceedings. In personal injury cases, they ensure that vulnerable individuals receive fair treatment and compensation.

Incident Report: An incident report records details of accidents, like those in businesses or parking lots. It outlines events, circumstances, and involved parties. These reports, prepared by businesses or police, help establish liability and are key in settlements. They differ from crash reports, which focus on vehicle accidents on public roads.

Interrogatories: Interrogatories are written questions one party in a personal injury lawsuit serves to the other. These must be answered under oath. They help gather information about the accident, injuries, and financial losses.

Insurance Medical Exam (IME): Insurance companies will have a doctor conduct an insurance medical exam (IME) to evaluate a claimant’s injuries. Despite its name, it is not fully independent since the doctor is paid by the insurer.

This can cause complexities in the injury claims process. The goal of the IME is to assess whether the injuries are genuine and permanent. Insurance companies often use the same doctors, who may provide opinions favorable to the insurer. This can create disputes between the claimant and the insurance company.

Jury Instructions: Jury instructions are written guidelines a judge gives the jury at the end of a trial. They explain the legal principles the jury must use to make a decision. In personal injury cases, instructions may cover topics like negligence, causation, and damages.

The judge ensures the instructions are clear and accurate. They also explain the burden of proof and the standard of evidence the plaintiff must meet. For attorneys, understanding jury instructions is critical to presenting a strong case and helping the jury understand key legal concepts.

Lawsuit or Suit: A lawsuit, also called a suit, is a formal legal action where a plaintiff sues a defendant in court. In personal injury cases, a lawsuit is filed if settlement talks fail.

In Wisconsin, lawsuits are filed in circuit courts and can last from months to years. During the case, both sides present evidence, and a judge or jury decides the outcome.

Letter of Protection: A Letter of Protection is a document a medical provider requests to bill a patient directly for treatment. This is their alternative to going through health insurance after an accident. The provider waits for payment until the case settles, bypassing lower insurance rates. A chiropractor, for example, may request one following a car accident claim.

However, relying on a Letter of Protection can be risky. It’s not a guarantee of payment, and patients may not receive compensation for medical bills. It’s often better to use health insurance if possible and seek legal advice before agreeing to this letter.

Liability: Liability means legal responsibility for damages caused by someone’s actions or negligence. In motor vehicle accidents, liability arises when someone fails to act with reasonable care, causing harm.

To prove negligence, the injured party must show the defendant had a duty, breached it, and caused the injuries. Evidence like witness testimony and police reports helps establish liability. Once proven, the injured party may receive compensation for medical bills, lost wages, pain, and other damages.

Loss of Consortium: Loss of consortium refers to the damage a spouse or family member suffers after a loved one’s accident. It includes the loss of companionship, affection, and support.

In personal injury cases, family members can claim loss of consortium for emotional distress and loss of enjoyment of life. Only close family, like a spouse or child, can make this claim.

Mediation:
Mediation is a formal process where parties in a dispute, like a motor vehicle accident or slip and fall, try to settle outside of court. A mediator, often a lawyer or judge, guides the negotiation after discovery is complete.

During mediation, both sides present their cases, and the mediator helps them find common ground. It’s especially helpful in personal injury cases, where emotions can complicate communication. Mediation can offer a clearer view of the case’s strengths and weaknesses, often leading to faster, less expensive resolutions than going to trial.

Medical Authorizations:
Medical authorizations are legal documents that allow a defendant, typically an insurance company or their attorney, to access an injured party’s medical and academic records. These records help evaluate the party’s claims for damages.

Authorizations can sometimes include records from before the accident. Insurance companies may use them to argue that injuries weren’t caused by the accident.

As a personal injury law firm, providing guidance and reviewing medical authorizations can be a crucial service for our clients. We strive to protect our clients’ rights and ensure that their medical records are used fairly in the claims process.

Medical Payment Coverage: Medical Payment Coverage is part of auto and premises insurance that covers medical expenses from injuries, regardless of fault. Coverage typically ranges from $1,000 to $10,000 and lasts one or two years. It’s best used after health insurance, covering deductibles or copays. This coverage suapplements health insurance, not replaces it.

Understanding when and how to use this coverage is key to maximizing benefits. A personal injury lawyer can help navigate the claims process and ensure medical bills are paid accurately and on time.

Motion: A motion is a formal request a party makes to the court during a lawsuit. Personal injury lawyers use motions to resolve issues like discovery disputes or to argue legal points. Defendants may file motions to dismiss cases, while plaintiffs may use them to establish liability before trial.

For example, a motion for summary judgment asks the court to decide in favor of the plaintiff without a trial. Motions help streamline cases and save time and money, making them a key part of personal injury litigation.

Negligence: Negligence occurs when someone fails to exercise reasonable care, causing harm to another person. In personal injury law, proving negligence is critical to holding someone liable.

To win a negligence claim, the plaintiff must show the defendant was careless, that this caused the injury, and that damages resulted. Negligence can include actions like breaking traffic laws or failing to maintain a safe environment.

Pain and Suffering: Pain and suffering refers to the physical and emotional distress caused by an injury. It includes physical pain, activity limitations, and emotional issues like anxiety and depression.

In Wisconsin, compensation for pain and suffering is part of a personal injury claim. The amount depends on factors like injury severity, impact on quality of life, and medical treatment needed.

Plaintiff: The plaintiff is the person who starts a lawsuit. In personal injury cases, the plaintiff is usually the injured person, but it could also be a spouse or family member affected by the injury. The defendant is the person being sued.

Post-concussion Syndrome (PCS): PCS is when symptoms like headaches or dizziness persist after a concussion. It is a form of mild traumatic brain injury.

Post-traumatic Stress Disorder (PTSD): PTSD is a mental health condition triggered by a traumatic event. It causes symptoms like flashbacks, nightmares, anxiety, and unwanted thoughts. PTSD can result from serious accidents, not just war experiences.

Premises Liability: Premises liability involves holding property owners accountable when someone is injured due to hazardous conditions. Determining responsibility may involve landlords, property managers, contractors, or businesses.

Product Liability: Product liability holds manufacturers, suppliers, or retailers accountable for harm caused by defective or dangerous products. These cases often involve design flaws, manufacturing defects, or inadequate warnings. Success depends on collaboration with experts who can explain the product’s design and flaws.

Punitive Damages: Punitive damages punish defendants for reckless behavior and deter similar future actions. These damages apply when the defendant knowingly caused harm or violated someone’s rights. In Wisconsin, punitive damages have limits based on the severity of the injury.

Quality of Life: Quality of life refers to a person’s well-being before or after an injury. It includes factors like daily activities, mobility, social relationships, satisfaction, and future prospects.

Settlement: A settlement resolves a legal matter when both parties agree, avoiding the need for a trial. It can happen before or after litigation starts.

Slip-and-Fall: A slip-and-fall case involves a person injured by slipping or tripping on someone else’s property. These cases fall under premises liability, holding the property owner legally responsible.

Statute of Limitations: The statute of limitations sets the time limit to file a lawsuit, usually starting when the injury occurs. In Wisconsin, personal injury cases must be filed within three years, with some exceptions.

Subrogation: Subrogation allows one party to pay for another party’s debt and then recover that money from the responsible party. For example, if you use health insurance to pay for medical bills after a car accident, your insurer will seek reimbursement from the at-fault driver’s insurance. Subrogation can also apply to Medical Payment Coverage. A skilled personal injury attorney can often reduce the subrogation claim.

Third-Party Claims: Third-party claims are liability claims made by someone injured by the insured. The insured is the first party, the insurance carrier is the second party, and the injured person or claimant is the third party. This claim is against the insurance of another party, not your own.

Tort: A tort is a civil wrong that leads to legal liability but is not a crime. Personal injury law is a common type of tort law.

Traumatic Brain Injury (TBI): A TBI occurs when an external force disrupts brain function, usually from a violent blow to the head or body. It can also be caused by objects penetrating the skull, such as bullets or broken bones.

Trial: A trial is the formal process where a case is presented to a judge or jury for a decision. If parties can’t settle through negotiation or other methods, a trial may be needed. Both sides present evidence and arguments, and the judge or jury decides based on the facts and law. The trial involves jury selection, opening statements, witness testimony, cross-examination, and closing arguments. Experienced legal representation is crucial during a trial to navigate the complexities and advocate for your interests.

Underinsured Motorist Coverage (UIM):
UIM coverage extends to property and bodily damage caused by a motorist with insufficient insurance. For example, if the at-fault driver has a $25,000 policy but your medical bills are $75,000, you can claim the $25,000 from the at-fault driver and then use your UIM coverage for the remaining amount.

Uninsured Motorist Coverage (UM):
UM coverage protects you if the at-fault driver has no insurance. If the person who hit you is uninsured, you can claim against your own UM policy.

Verdict: A verdict is the formal decision made by a judge or jury about the outcome of a case.

Voir Dire: Voir dire, or jury selection, is the process where attorneys examine potential jurors to ensure they meet specific criteria. It is pronounced “vwahr-deer” or “vor-deer.”

Workers’ Compensation: Workers’ compensation provides state-required no-fault benefits from an employer to an employee or their family for job-related injuries or illnesses. This includes compensation for accidents or deaths that occur at work.

Wrongful Death: A claim made on behalf of the survivors or beneficiaries of a person who has died as a result of wrongful conduct. Typically family members or estate representatives may file a wrongful death claim. Awarded damages in these cases can include medical expenses prior to death as well as loss of earnings the deceased may have obtained while living. Surviving loved ones may also seek loss of consortium (deprivation of a marital/sexual partner or familial relationship).

Personal Injury:  Personal injury refers to the harm or injury caused to a person due to the negligence or intentional actions of another. In Wisconsin, personal injury law covers a broad range of accidents and incidents, including car accidents, motorcycle accidents, truck accidents, slip and fall accidents, dog bites, and more.

A personal injury lawyer can represent your interests and fight for your rights in negotiations with insurance companies or in court. They can help you understand your legal options, gather evidence to support your claim, and negotiate a fair settlement on your behalf. With their experience and knowledge of Wisconsin personal injury law, they can help you maximize your compensation and get the justice you deserve.

At our law firm, we specialize in personal injury cases in Wisconsin, including car accidents, motorcycle accidents, truck accidents, and more. Our team of skilled and compassionate Madison personal injury lawyers is dedicated to helping our clients recover from their injuries and move forward with their lives. We understand the physical, emotional, and financial toll that personal injuries can take, and we’re here to provide the support and guidance you need.

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