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Motorcycle accidents usually result from another driver’s careless or reckless behavior. When an accident victim suffers injuries in a motorcycle crash, they may file a personal injury claim or lawsuit against the negligent driver or their insurance company.

The time it takes to settle a case or resolve a lawsuit in the court system depends upon various factors, including the insurance company and adjuster with whom you are dealing. However, one of the most important steps you can take to streamline your case is to retain a skilled motorcycle accident lawyer to represent you as quickly as possible.

Once you retain a motorcycle accident lawyer in Baraboo for representation, they can enter an appearance on your behalf and begin advocating for your legal interests.

First, a motorcycle crash lawyer can retain an accident reconstructionist to investigate the circumstances surrounding your accident or simply review the police report and any available camera footage.

Your lawyer may then file a claim with the at-fault driver’s insurance carrier in pursuit of a favorable monetary settlement. If the insurance company denies fault for the accident, or if they otherwise fail to make a reasonable settlement offer, your lawyer can pursue litigation in the court system and, if necessary, take your case to a civil jury trial or alternative dispute resolution proceeding.

Your attorney will do everything they possibly can to streamline your case and obtain a favorable monetary result as quickly as possible. Your lawyer will also answer your questions, address your concerns, and work aggressively to maximize your overall economic recovery.

Common Injuries in a Motorcycle Accident

Unlike drivers and passengers in an enclosed motor vehicle who have a protective covering in an accident scenario, motorcyclists have very little protection while riding their bikes.

With the possible exception of a motorcycle helmet to protect their head, a motorcyclist’s body often has little protection from the surrounding environment, including the ground. Therefore, if a motorcyclist falls off their bike in a severe crash, they have the potential to suffer severe and sometimes deadly injuries.

Common injuries that motorcycle accident victims frequently suffer include road rash, traumatic head and brain injuries, permanent cognitive impairments, broken bones, rib fractures, soft tissue muscular contusions, paralysis injuries, spinal cord damage, internal bleeding, internal organ damage, mouth and teeth injuries, and death.

The most important step you can take following a motorcycle accident is to obtain the medical treatment you need and continue your treatment until a medical provider formally discharges you from care.

Seeking continuous treatment for your injuries can help to streamline your case and make the process go more smoothly. Additionally, it increases your chances of obtaining a complete medical recovery, not to mention a favorable monetary settlement offer from the insurance company.

The medical treatment that you require after a motorcycle accident will typically depend upon the severity of your injuries and the types of injuries that you suffered.

For example, if you suffered a traumatic brain injury, such as a severe concussion, you may consult a neurologist or other medical specialist. Similarly, if you sustained a broken bone or soft tissue injury in your motorcycle accident, you will likely consult an orthopedic doctor and possibly a physical therapist.

In addition, depending on your injuries, you might undergo surgery or other medical procedures to make a full recovery.

Besides obtaining the medical treatment you need, always meet with a motorcycle accident attorney in your jurisdiction as soon as possible. Your attorney can streamline your case by beginning the claims-filing process on your behalf.

Specifically, your lawyer can gather police reports, camera footage, witness statements, and medical treatment records to date. Your attorney can then assemble these documents into a settlement demand package, which they will ultimately send to the insurance company adjuster for review.

In general, the sooner you begin your medical treatment and consult a motorcycle accident lawyer for representation, the higher your chances of recovering favorable and timely monetary compensation in your case.

Causes of Motorcycle Crashes

Motorcycle accidents typically result from the negligent behavior of other drivers. Since motorcycles are relatively small vehicles, other motorists must look out for motorcycles and drive cautiously near them.

One common cause of local motorcycle accidents is distracted or inattentive driving. A driver may fail to observe the road if they fiddle with a GPS navigation system while driving, comb their hair, apply makeup, eat and drink, or listen to loud music in their vehicle.

Vehicle passengers may also distract drivers from their primary duty of watching the road.

Finally, a driver may become distracted if they use their cell phone or tablet to make phone calls or send text messages while they are behind the wheel.

All these activities may cause a driver to take their eyes off the road and fail to see an oncoming motorcyclist in the vicinity.

Motorcycle accidents may also occur when other people drive while they are drunk. Most operators of passenger vehicles who are twenty-one years of age or older are legally intoxicated if their blood alcohol concentration reaches a level of 0.08 percent or more. The law severely penalizes drunk driving because of the various dangers it presents.

For example, an intoxicated driver may be unable to focus their attention on the road and may suffer from dizziness and blurred vision. As a result, they may be unable to see a motorcycle in the vicinity.

Additionally, a drunk driver frequently experiences delayed reflexes and reaction time, poor judgment, and impaired muscular coordination. Consequently, a drunk driver may be unable to stop their vehicle before striking a nearby motorcyclist.

Motorcycle accidents may also happen when a driver violates common traffic laws that apply to all motorists. For example, a driver may fail to yield the right-of-way to a motorcyclist by running a red light or stop sign. Similarly, a driver may speed around a motorcycle, cut off a motorcycle in traffic, or fail to use a mirror when a motorcycle is nearby.

Finally, some motorcycle accidents happen when other drivers exhibit road rage or drive recklessly and carelessly.

Common types of road rage that may cause a motorcycle accident include aggressively tailgating a motorcyclist, passing a motorcyclist in heavy traffic without using the appropriate turn signal, and cutting off a motorcycle in traffic in an attempt to move ahead.

Unfortunately, all these activities may catch a motorcyclist off guard, leading to a severe accident.

Upon suffering injuries in a motorcycle crash, involve a knowledgeable motorcycle accident lawyer in your case as soon as you possibly can. Your attorney can immediately begin investigating your accident circumstances, determining your legal options, and reviewing those options with you.

Moreover, a lawyer can start gathering documents on your behalf and begin the claims-filing process for you.

When Is Litigation Necessary Following a Motorcycle Accident?

Before filing a motorcycle accident lawsuit against a negligent driver, it is common for motorcycle accident lawyers to first pursue a claim with the at-fault driver’s insurance company. After all, the insurance company will supply the necessary monetary coverage to compensate the injured accident victim.

When filing a claim on your behalf, your motorcycle accident attorney can gather certain documents that will enable you to satisfy your legal burden of proof in the case.

Those documents may include police reports, available video footage of the accident, property damage photographs, photographs of your physical injuries, lost-wage documentation if you missed time from work after your accident, medical bills, and medical treatment records.

Along with this documentation, your lawyer may send a settlement demand letter seeking a specific amount of monetary compensation for your losses.

In most situations, the insurance company adjuster assigned to your case will review the submitted documents and make a determination about whether to accept or deny liability for the accident.

If the insurance company denies fault for the accident, then your lawyer can go ahead and file a lawsuit in the court system on your behalf.

Otherwise, your attorney can start negotiating for a fair monetary settlement offer. These negotiations can take several weeks or several months, depending upon the complexity of the case and the amount of time it takes you to finish your medical treatment.

If the insurance company refuses to make you a fair monetary settlement offer despite all of your evidence, your lawyer may file a personal injury lawsuit in the court system on your behalf.

Factors That Affect the Time It Takes to Litigate a Motorcycle Accident Case

The amount of time it takes to litigate a motorcycle accident case through the court system depends upon a variety of factors.

Those factors may include:

• The nature and complexity of the case

• The amount of time it takes the motorcycle accident victim to finish their medical treatment

• The amount of time it takes to recover certain documents in the case, such as police reports, medical treatment records, and medical bills

• The availability of experts and their willingness to provide testimony in the personal injury lawsuit

• The specific insurance company adjuster with whom you are dealing and their willingness to resolve the case in an efficient manner

• The specific jurisdiction where the case is pending

• The court where the case is pending and the amount of time available on their calendar to schedule a jury trial or other proceeding.

While some courts will schedule a jury trial sooner, other courts cannot schedule a jury trial for much longer due to availability.

Additionally, if the insurance company is willing to resolve the case sooner rather than later, it may reach a settlement long before trial. Your attorney will do everything they can to litigate your case through the court system as efficiently as possible and help you achieve a result that makes you feel whole again.

Recoverable Motorcycle Accident Monetary Damages

Victims of motorcycle crashes can pursue and recover various types of monetary damages depending upon their injuries and the accident circumstances.

For example, accident victims may seek compensation for related medical expenses, lost earnings, permanent disability or disfigurement, long-term or lifetime care costs, loss of spousal consortium, mental distress, inconvenience, pain and suffering, lost quality of life, or loss of use of a body part.

Call an Experienced Motorcycle Accident Lawyer in Your Area Today

After suffering injuries in a motorcycle crash that involves a negligent driver, retain an experienced attorney who can handle every step of the case for you, including litigation.

Pursuant to the statute of limitations, motorcycle crash victims must file a personal injury lawsuit within three years, beginning on the date of their accident

If they fail to meet that deadline, the court will prevent them from recovering any monetary compensation for their accident-related losses. Therefore, time is of the essence in your case.

Once you retain a personal injury lawyer to handle your case, they can represent you from beginning to end.

First, your attorney can attempt to reach a favorable settlement offer with the insurance company adjuster. However, if that does not happen, your lawyer can pursue litigation in the court system and bring your case to an efficient resolution.

A pedestrian accident happens whenever a vehicle strikes someone walking or running. These accidents can occur virtually anywhere pedestrians and motor vehicles are present simultaneously, including parking lots and garages, crosswalks, and even sidewalks.

Since a pedestrian does not have any protective barrier between their body and a vehicle or the ground, pedestrians regularly suffer debilitating and sometimes fatal injuries in an accident.

If you or a person you care about suffered injuries in a recent pedestrian accident, you need to consult with a personal injury attorney in Madison right away.

Your lawyer can investigate the circumstances of your pedestrian accident and gather copies of police reports, medical treatment records, and other documentation to prove the legal elements of your case.

After your medical treatment is complete or your providers know your overall prognosis, your pedestrian accident lawyer may file a claim with the responsible driver’s insurance company and can negotiate on your behalf with insurance company adjusters for the compensation you deserve.

If a favorable settlement is not forthcoming, your lawyer may file a pedestrian accident lawsuit in the court system and navigate the litigation process.

Unlike insurance companies, which are never on your side, your pedestrian accident attorney can aggressively advocate for your legal interests throughout the process and work to secure the full monetary benefits and compensation you deserve to recover for your accident-related injuries.

No matter what caused your accident, the right attorney will be your ally throughout the process if someone else should be liable for your losses.

Where Do Pedestrian Accidents Usually Happen?

Pedestrian collisions can happen virtually anywhere that motor vehicles are. Some of the most common locations for local pedestrian accidents include sidewalks, traffic intersection crosswalks, parking lots, parking garages, alleyways, and driveways.

If you suffered injuries in a pedestrian accident in one of these locations, a trained accident attorney near you can investigate your accident circumstance and, if necessary, retain a certified accident reconstructionist who can independently determine how your accident happened and who the responsible driver was.

Your lawyer may then file a claim with the at-fault driver’s insurance company and pursue the monetary recovery you need for your injuries.

Types of Driver Negligence That Lead to Pedestrian Accidents

When drivers exhibit careless and reckless maneuvers while on the road, especially around sidewalks and traffic intersections, they may bring about a serious pedestrian accident.

One common cause of pedestrian accidents is traffic law violations, especially speeding and failing to yield the right-of-way to a pedestrian in a crosswalk at a traffic intersection.

Pedestrian accidents may also happen when a driver exhibits road rage (especially near a traffic intersection equipped with pedestrian crosswalks and heavy pedestrian traffic) or fails to use their mirrors and backup cameras when pulling out of a parking space in a parking lot or garage.

Another common cause of pedestrian accidents is distracted driving.

A distracted driver fails to pay sufficient time and attention to the road. Instead of watching the road near sidewalks and traffic intersections or in a parking lot or parking garage, a driver might be looking at their cellular phone or tablet, combing their hair, eating or drinking, applying makeup, listening to loud music in their vehicle, or texting on a cellular device.

All these activities may cause a driver to take their eyes off the road, preventing them from seeing a pedestrian in the vicinity, thereby causing a collision.

Finally, some pedestrian accidents happen when drivers are under the influence of alcohol or drugs. In any situation, a passenger vehicle operator is legally intoxicated and may be subject to arrest for DUI if they have a blood alcohol concentration of 0.08 percent or greater.

The law severely criminalizes and penalizes drunk drivers because these drivers cannot drive safely and carefully, especially in an area where pedestrians tend to be.

For example, an intoxicated driver may experience blurred vision, preventing them from seeing pedestrians nearby.

Additionally, a drunk driver may experience a lack of coordination, poor judgment, confusion, delayed reflexes, and delayed reaction time. Therefore, even if an intoxicated driver notices a pedestrian, they may not have the physical ability to stop their vehicle in time to avoid an accident.

Upon suffering injuries in a pedestrian accident, you need to consult with a knowledgeable pedestrian accident lawyer in your area right away.

Your attorney can promptly investigate your accident circumstances and determine your legal options for filing a successful claim with the appropriate insurance company.

Your lawyer may then submit the necessary documents to the insurance company and negotiate for fair settlement compensation on your behalf.

Legally Proving a Pedestrian Accident Claim

Your lawyer must satisfy several legal elements for you to receive monetary compensation in a pedestrian accident claim or lawsuit.

First, you must establish that the driver owed you a legal duty of care under the circumstances. Drivers must drive safely and carefully at all times for the benefit of other drivers and pedestrians. They also have a duty to follow all traffic laws and regulations and to refrain from road rage, intoxicated driving, and distracted driving maneuvers.

Next, the injured pedestrian accident victim must establish that the at-fault driver violated their legal duty of care by breaking a traffic law or otherwise engaging in reckless or careless behavior. The accident victim must also establish that the pedestrian accident occurred as a direct result of this breach.

Finally, an accident victim must show that they suffered at least one physical injury due to the accident caused by negligence. The specific injuries an accident victim suffers will vary from case to case, as well as the monetary damages an accident victim is eligible to recover.

A skilled pedestrian accident lawyer can retain experts to help ensure your case satisfies the necessary legal burden of proof.

For example, a medical expert may determine that you suffered a permanent injury in your accident. They may also causally relate your claimed injuries to the pedestrian accident.

Filing a Personal Injury Claim for Negligence

A local pedestrian accident attorney can file a negligence claim with the at-fault driver’s insurance company on your behalf.

As part of this claim package, your lawyer will include various documents, including medical treatment records, medical bills, lost-wages documentation from your employer, injury photographs, property damage photographs, video footage of the occurrence (if any), and other evidence that the insurance company can use to evaluate your claim.

If the insurance company adjuster accepts fault for the accident, your lawyer can handle all settlement negotiations and other insurance company communications on your behalf.

During settlement negotiations, a pedestrian accident lawyer will typically demand a monetary settlement within the available and applicable insurance policy limits. The insurance company adjuster will then usually make a settlement offer that is far less than the settlement demand amount.

Insurance companies take this approach to try to resolve cases for as little compensation as possible to the accident victim. After all, the insurance company wants to save itself as much money as possible.

An experienced pedestrian accident attorney can aggressively negotiate on your behalf, file favorable expert reports and medical evidence, and highlight the strength of your case.

Additionally, if the adjuster still refuses to make you a fair settlement offer, your lawyer can file a personal injury lawsuit in the court system and litigate the matter.

During litigation, your attorney can represent you at all legal proceedings, including a discovery deposition, settlement conference, jury trial, or alternative dispute resolution (ADR) proceeding.

For example, during a civil jury trial, your attorney can call witnesses, enter evidence on your behalf, and pursue the maximum monetary compensation you are entitled to receive in your personal injury case.

Recovering Monetary Damages for Pedestrian-accident Injuries

Pedestrian accident victims frequently suffer severe and sometimes permanent physical injuries. Consequently, they may incur high (and ongoing) medical bills, and they must miss a significant amount of time from work, thereby losing considerable income.

Fortunately, accident victims can recover various types of monetary compensation for a favorable settlement offer from the insurance company or a favorable litigation result in the court system.

First, accident victims can pursue economic damages to compensate for their out-of-pocket losses, including lost earnings and related past and future medical expenses.

Similarly, pedestrian accident victims may pursue compensation for their intangible losses, including monetary damages for mental distress, loss of spousal consortium, pain and suffering, inconvenience, permanent disability or disfigurement, long-term care costs, loss of life enjoyment, and loss of the ability to use an injured body part, such as from a paralysis injury.

Your pedestrian accident attorney can ballpark the likely value of your case and will do everything they can to maximize your overall monetary award.

Contact an Experienced Pedestrian Accident Lawyer Right Away

According to the state statute of limitations, pedestrian accident victims have limited time to file a lawsuit seeking monetary recovery.

Specifically, they must file their lawsuit within three years of their accident date. Otherwise, unless some exceptional circumstance applies, they will not receive monetary compensation for the injuries they suffered in their accident.

Sometimes, an accident victim might believe their case to be simple, so they might think they don’t need the help of a pedestrian accident lawyer. This is nearly always a mistake. Insurance companies have a lot of experience in finding any way to deny a claim they can. The best way to ensure that this does not happen to you is by getting the help of a legal professional.

A knowledgeable pedestrian accident attorney can file a claim or lawsuit well within the applicable statute of limitations time frame. In addition, your lawyer can handle every step of the claims-filing and settlement negotiation processes.

If litigation is a viable option in your case, your attorney can make a necessary recommendation and file a lawsuit in the court system on your behalf.

Finally, if the insurance company still refuses to compensate you fairly, your lawyer can take your case to a civil jury trial or ADR proceeding.

SCHEDULE A FREE CONSULTATION

Suppose you sustained injuries resulting from someone else’s negligent behavior, such as a motor vehicle collision or premises accident. In that case, you may recover monetary compensation for your injuries and other accident-related losses.

However, you should never attempt to represent yourself in a personal injury claim that involves another person’s insurance company. This is because insurance companies routinely try to take advantage of unrepresented accident victims by offering them as little financial compensation as possible to settle their claims.

Insurance companies feel that non-represented accident victims lack the necessary negotiation skills and legal knowledge to adequately advocate for themselves. Therefore, they are unlikely to offer an accident victim sufficient financial compensation to settle their personal injury case.

When retaining legal counsel to represent you, you want the best possible attorney advocating in your corner as possible. Ideally, you want a lawyer on your side who regularly handles personal injury cases as a significant portion of their legal practice.

You also want a lawyer who regularly takes personal injury cases to civil jury trials instead of settling all their cases out of court. Finally, you want a lawyer who has a clean record and who does not have a history of ethical violations.

An experienced personal injury attorney in Baraboo can be beneficial in any claim or lawsuit that you file. Specifically, your attorney can determine your eligibility for filing a claim and gather the necessary documentation to prove your case.

A lawyer can also retain an expert who can testify on your behalf, handle all settlement negotiations with insurance company representatives, or pursue litigation in your case to an efficient resolution in the court system.

Whatever you decide, your personal injury lawyer will guide you throughout the process, answer your questions, and ensure you understand everything happening. Your attorney will do everything possible to advocate for your interests and maximize your overall monetary settlement or litigation result.

What Is a Personal Injury Case?

A personal injury case is a legal matter that stems from someone else’s negligence. Negligence can take on a variety of forms, but it always involves a person or entity behaving in an unreasonable manner under the circumstances.

When determining whether a party is negligent, juries and courts will typically look at their behavior in light of the prevailing circumstances. They will then ask whether the individual or entity did something that a hypothetical reasonable party should not have done or failed to do something that a hypothetical reasonable party should have done.

If so, the party was likely negligent and irresponsible under the circumstances.

Several types of personal injury claims can arise from the negligence of others.

Some of the most common categories of personal injury cases involve:

• Premises accidents, including slip and falls and third-party attacks that result from inadequate security on the premises
• Medical negligence and malpractice incidents
• Boating accidents
• Escalator and elevator accidents
• Swimming pool accidents
• Car and truck accidents
• Bus accidents
• Bicycle and motorcycle accidents
• Workplace accidents
• Construction site accidents.

You are not alone if you sustained injuries in one of these occurrences that directly resulted from another party’s careless or reckless behavior. Always hire a qualified attorney who can represent you throughout the process and aggressively advocate for your legal interests at every stage of the case.

Your lawyer can also identify all your potential legal options and set your case on the right trajectory to maximize the monetary compensation you truly deserve.

Common Personal Injuries That Accident Victims Suffer

When individuals are involved in an accident, they may sustain various types of injuries that affect their life and well-being. In serious accidents, an individual may suffer a permanent injury, which leads to ongoing pain and symptoms for the rest of their life (e.g., a complete or partial paralysis injury).

The injuries that an individual suffers in an accident will usually depend on the specific accident, the amount of force involved, their bodily movements at the time of the accident, and the body parts affected in the accident.

Common injuries can include bruises, road rash and open lacerations, rib fractures, spinal cord damage, paralysis injuries, bone fractures, soft tissue contusions, internal bleeding and organ damage, eye injuries, mouth and teeth injuries, traumatic brain injuries, ongoing cognitive impairments, and death.

In addition to seeking legal representation in your case, you should make your post-accident medical treatment a top priority. You increase your chances of recovering favorable monetary compensation and damages by seeking ongoing medical treatment for your injuries.

You also increase your chances of making a full medical recovery by attending all recommended medical appointments, undergoing medical procedures, and attending regular physical or occupational therapy sessions, depending on the extent of your injuries.

During this time, a qualified personal injury attorney can start advocating for you by gathering copies of police reports, lost-wage documentation, injury photographs, video camera footage of the occurrence, medical treatment records, and medical bills. These documents may all be necessary to satisfy the legal elements of your personal injury claim.

After completing most of your medical treatment, your lawyer can submit these documents to the insurance company for review and evaluation so that settlement negotiations may begin in your case.

How Can a Qualified Personal Injury Lawyer Handle Your Case?

When it comes to resolving your personal injury claim or lawsuit favorably, you need a qualified personal injury attorney on board in your case.

A personal injury attorney will first meet with you about your accident, review incident reports and police diagrams, and, if necessary, retain an accident reconstructionist.

Your lawyer can then determine whether you have a viable personal injury claim. If so, your lawyer can gather various documents on your behalf and submit a settlement demand package to the insurance company for review.

After your attorney submits a demand package, the insurance company adjuster assigned to your case will typically review the documents. Once your attorney makes a formal settlement demand to the insurance company adjuster, the adjuster will likely come back with a settlement offer.

Most of the time, however, these initial insurance company settlement offers are meager and do not adequately compensate the accident victim for the full extent of their injuries. Therefore, your attorney might negotiate back and forth before the insurance company makes its top offer.

If the insurance company still does not take your case seriously, your lawyer can file a lawsuit and begin personal injury litigation in the state court system.

Your attorney can handle every step of the litigation process for you, including filing a lawsuit in court, continuing settlement negotiations, answering discovery questions, representing you at a discovery deposition and settlement conference, and taking your case to a litigation proceeding in court, if necessary.

At a civil jury trial, for example, your lawyer can argue on your behalf, call witnesses (including experts) to testify, and introduce medical documentation. The jury hearing the case will then decide what, if any, monetary damages to award you for your personal injuries and other accident-related consequences.

However, instead of taking your case to a jury trial, you can pursue binding arbitration or mediation in your case.

At a binding arbitration hearing, which takes place outside of a courtroom, a pre-selected, neutral arbitrator will review all the evidence, listen to witness testimony, and determine the outstanding issue of monetary damages.

However, at mediation, a mediator will help the parties facilitate and narrow their settlement discussions and hopefully resolve their case out of court.

Throughout the litigation process, your attorney will keep you aware of all your available rights and options. Your attorney can also provide you with the information necessary to choose between various options in pursuit of the monetary recovery you need.

Recovering Monetary Damages in a Personal Injury Claim or Lawsuit

To recover favorable monetary damage in a case involving personal injuries, you must satisfy several legal elements.

Specifically, you must demonstrate that:

• The at-fault individual or entity owed you a legal duty of reasonable care
• The at-fault individual or entity violated that legal duty of care
• As a direct result of this violation, the occurrence in which you suffered injuries happened
• You suffered one or more physical injuries as a direct result of the occurrence.

If you can satisfy these legal elements, you can receive various types of monetary compensation based on the total cost of your medical treatment, the specific injuries that you suffered in your accident, and whether your injuries are permanent.

Common monetary damages in a personal injury case include compensation for pain and suffering, mental distress, inconvenience, medical expenses, lost earnings, loss of earning capacity, loss of spousal consortium and companionship, long-term or lifetime care costs, loss of the ability to use an injured body part, and lost quality of life.

The specific types and amount of damage that you may be eligible to recover will depend upon the facts and circumstances of your case, along with the severity of your injuries. Your attorney can determine which of these damages you may recover in your case and estimate the settlement or verdict value of your claim.

Your attorney will then do everything they can to maximize your total compensation, either through a favorable settlement offer from the insurance company adjuster or a fair litigation result achieved in the court system.

Speak with a Knowledgeable Personal Injury Lawyer in Your Area Today

Suppose you suffered one or more physical injuries resulting from someone else’s negligent behavior. In that case, always take the necessary legal steps right away, including retaining an experienced personal injury attorney to represent you.

Almost everyone knows that personal injury accident victims receive more compensation when they have professional legal help than those who do not.

Since your life and future are riding on the line, the stakes are high, and you need the best possible lawyer in your corner to advocate for you every step of the way. Therefore, you should ask questions and retain the best lawyer possible.

Accident victims must file a personal injury lawsuit within three years of their accident date, according to the state statute of limitations. Unless some extraordinary circumstance applies, an accident victim who files their lawsuit after the deadline will not be eligible to receive monetary damages for their injuries.

A qualified personal injury attorney can file your lawsuit well before the statute of limitations deadline expires and can handle every step of the settlement and litigation processes for you. Your attorney will do everything possible to obtain a favorable monetary result on your behalf, making you whole again after your accident.

Seek your free case evaluation today to learn about your rights and begin the process of financial recovery.

SCHEDULE A FREE CONSULTATION

When individuals commit negligent acts, such as violating traffic laws or failing to maintain their premises, serious accidents may happen, which lead to debilitating injuries.

In those situations, an accident victim can pursue settlement compensation from the at-fault party’s insurance company. Insurance companies make recovering compensation an uphill battle. Insurance companies want to settle claims for as little monetary compensation as possible.

The amount of time it takes to settle a personal injury claim or lawsuit will usually depend on the severity of the accident and injuries, as well as the willingness of the insurance company and their adjusters to resolve the case favorably. Another factor includes the quality of your personal injury lawyer.

If the insurance company refuses to offer a favorable settlement compensation, the insured accident victim always has the option of filing a lawsuit in the court system for monetary recovery.

If you recently sustained injuries in an accident that was someone else’s fault, you should consult a personal injury attorney in Madison as quickly as possible. Your attorney can investigate your accident circumstances, review your legal options with you, and execute the appropriate option for your case.

Your lawyer will do everything they can to maximize your settlement compensation so that you may become whole again, to the greatest extent possible, after your accident.

Common Types of Personal Injury Cases

Personal injury cases stem from negligence, which can take various forms. An individual or entity is negligent when they behave in an unreasonable, careless, or irresponsible manner under the circumstances.

Most jurisdictions use the reasonable person test when determining whether an individual or entity committed a negligent act. For example, a party likely acted negligently if they did something that a hypothetical reasonable person would not have done in the same or similar situation.

Similarly, negligence may have occurred if an individual or entity refrained from doing something that a hypothetical reasonable person would have done in the same circumstances.

A skilled personal injury attorney can determine whether another individual or entity has likely behaved negligently or unreasonably, given the facts and circumstances of your case.

When individuals and entities behave negligently, several different types of accidents or occurrences may result.

Some of the most common occurrences that result from the negligence and reckless acts of others include:

• Car and truck accidents
• Pedestrian accidents
• Motorcycle and bicycle accidents
• Mass transit accidents
• Bus accidents
• Escalator and elevator accidents
• Medical negligence and malpractice,
• Product defects and malfunctions (including explosions)
• Boating accidents
• Swimming pool accidents
• Workplace accidents
• Construction site accidents (especially those that take place on building sites)

Upon sustaining injuries in one of these types of accidents, you should consult a local personal injury lawyer right away. Your lawyer can investigate your accident circumstances, such as by retaining a certified accident reconstructionist who can investigate your case.

Your lawyer can then file a personal injury claim with the at-fault individual or entity’s insurance company on your behalf, seeking the financial compensation you deserve for all your injuries.

Legal Elements of a Personal Injury Case

Injured accident victims have the sole legal burden of proof in any personal injury claim or lawsuit that they file after their accident.

On the other hand, the individual or entity that caused the accident does not need to satisfy any elements of proof or meet any other legal burden. Rather, the burden of proof rests solely with the accident victim who has sustained the injuries.

First, an accident victim must establish that the other party owed them a legal duty of care. For example, if the personal injury case stems from a motor vehicle accident, the accident victim must establish that the at-fault driver owed them a duty to operate a vehicle carefully and responsibly.

Similarly, if the accident involved a slip and fall on someone else’s premises, the accident victim must show that the property owner owed them a legal duty to maintain their premises in a safe condition and to warn about any hazards within a reasonable amount of time.

Additionally, the injured accident victim must demonstrate that the other party violated their legal duty of care somehow. For example, in a car accident scenario, the other driver may have operated their vehicle while distracted or intoxicated, or they may have violated some other traffic law.

Additionally, in a premises accident, the property owner might have failed to repair a defective floorboard, for example, or clean up a spill within a reasonable amount of time, violating their legal duty of care to the premises visitor.

Next, the injured accident victim must show that the accident occurred directly due to the other party’s careless or reckless behavior. Finally, they must demonstrate that they sustained at least one physical injury as a direct result of the occurrence.

Proving the legal elements of a personal injury claim can take time, and it may become necessary for your personal injury lawyer to retain several experts who can draft reports or testify as witnesses in your case.

For example, if the insurance company refuses to accept fault or liability for the accident, then an accident reconstructionist your attorney retains can visit the accident scene, take measurements, review video footage, and draw a conclusion about how the occurrence likely happened and who was responsible.

A certified accident reconstructionist may also prepare a report, which your lawyer may later forward to the at-fault party’s insurance company. Additionally, your expert accident reconstructionist can testify as a witness during a discovery deposition or civil jury trial in support of your personal injury case.

Finally, your lawyer can retain a qualified medical expert who can physically examine you and draft a report about the nature and extent of your injuries, as well as the causal connection between your injuries and the subject accident.

Moreover, a medical expert in your case can determine whether you suffered a permanent injury in your accident and, if so, can make that statement to a reasonable degree of medical certainty.

An experienced personal injury attorney can retain experts in your case who can draft reports, testify on your behalf, and help the evidence in your case satisfy the legal burden of proof.

Types of Injuries That Accident Victims Frequently Suffer

Victims of serious accidents that result from others’ negligence may sustain serious injuries, some of which may be permanent. An accident victim’s injuries will depend upon the type of occurrence, the surrounding circumstances, and the amount of force involved.

Some of the most common injuries that accident victims suffer include traumatic brain injuries, internal bleeding, internal organ damage, soft tissue injuries, mouth and teeth injuries, rib fractures, broken bones, road rash, severe bruises, permanent cognitive impairments, spinal cord injuries, paralysis injuries, and death.

After an accident, go to a healthcare provider for follow-up, and you must attend all prescribed medical appointments. Failing to obtain ongoing medical treatment after your accident may send a red flag to the insurance company that your claimed injuries are not serious. As a result, they may compensate you.

However, by seeking continuous treatment for your injuries and undergoing recommended medical procedures, you increase your chances of fully recovering and obtaining the fair compensation you need from the insurance company in a reasonable amount of time.

Factors That Influence the Length of Personal Injury Settlements and Litigation

Before filing a personal injury lawsuit, your attorney will typically make at least one attempt to resolve the case with the insurance company through settlement.

During settlement negotiations, your attorney can point to favorable expert reports and medical records and highlight the strengths of your case while downplaying any weaknesses.

Your lawyer may also use litigation as a threat to entice the insurance company adjuster to increase their offer significantly. However, if that does not happen, your lawyer can file a lawsuit in the state court system seeking the monetary recovery you deserve for your injuries. Once the case is in litigation, the parties may still reach a favorable settlement, avoiding the need for a civil jury trial.

Monetary Settlements in a Personal Injury Claim or Lawsuit

The types and amount of monetary compensation that an accident victim may recover will depend upon various factors, especially the nature and extent of their injuries, the complexity of their case, the total cost of their medical treatment, and whether they suffered a permanent injury or impairment.

If you suffered injuries in a recent accident, your personal injury attorney can first submit a claim to the insurance company and pursue favorable monetary damages in your case. If the insurance company will not make you a reasonable settlement offer, then your lawyer may pursue litigation.

Some of the most common types of monetary damages that accident victims may receive via a favorable settlement offer or litigation result in the court system include payment of all past and anticipated medical expenses, compensation for lost income if the accident victim had to take time off work to recover from their injuries, and loss of earning capacity if the accident victim had to switch to a lower-paying job due to the injuries they suffered in their accident.

In addition to recovering these economic damages, accident victims may be eligible to recover monetary compensation for their intangible losses.

For example, depending upon the extent of their injuries and the effect of those injuries on their overall life and well-being, an accident victim can pursue monetary recovery for all of the following: loss of the ability to use a body part, lost quality of life, loss of spousal companionship and consortium, permanent disability or disfigurement, permanent scarring, long-term or lifetime care costs, past and future pain and suffering, inconvenience, and mental anguish and emotional distress stemming from the accident.

Your personal injury attorney will fight for your rights during settlement negotiations to obtain the maximum amount of monetary compensation available in your case.

However, if the insurance company does not compensate you fairly, your lawyer will not be afraid to file a lawsuit and, if necessary, litigate your case all the way to a civil jury trial or alternative dispute resolution (ADR) proceeding such as mediation or arbitration.

Call an Experienced Personal Injury Lawyer About Your Legal Matter Today

If you recently sustained injuries in an accident that occurred because another individual or entity behaved negligently, time is of the essence. According to the statute of limitations, an injured accident victim has only three years from the date of their accident to file a personal injury claim or lawsuit.

If they file their claim or lawsuit belatedly, the court will prevent them from recovering any monetary damages. Therefore, act quickly when securing legal counsel to represent you in your case.

A knowledgeable personal injury attorney can take all necessary steps to maximize your overall settlement or litigation award. Your attorney can also take steps to streamline your case so that settlement negotiations proceed efficiently and you do not have to wait a long time to recover favorable monetary damages.

However, if litigation becomes necessary in your case, your lawyer can properly file a lawsuit within the statute of limitations time frame and efficiently resolve your case in court.

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