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Can I File a Claim in Wisconsin if I Share Some Responsibility for My Accident?

Every accident is the result of a chain of events. Untangling these actions and determining who is at fault can be complicated. You may even realize from the outset that you made a mistake that contributed to the accident. In these situations, you might worry that your actions will prevent you from recovering compensation for your injuries, even if you only share a small amount of responsibility for the accident.

If you were involved in a car accident or another type of accident that caused you a personal injury and you believe you may have been partially at fault, a knowledgeable Wisconsin personal injury lawyer can explain whether you may still have a valid claim based on state law. As with many aspects of the law, the answer depends greatly on the circumstances of your case. For legal advice tailored to your unique situation, call our office today for a free consultation.

How Does a State’s Fault System Affect an Accident Victim’s Ability to Recover Damages?

Every state has laws governing how the court awards damages in tort cases where more than one person is at fault.

These fault systems fall into four categories:

• Contributory negligence: Under this system, a victim can only bring a claim if they shared no fault whatsoever in their accident. This system is often criticized for being too harsh on victims.
• Pure comparative negligence: A victim in a pure comparative negligence state is eligible to file a claim against the other party as long as they are not 100% responsible for their own accident. The only catch is that the plaintiff’s compensation will be reduced by the percentage of fault assigned to them, so it may not be cost-effective to file a claim if they shoulder a large portion of the responsibility.
• Modified comparative negligence: Most states follow some variation of this system. Under modified comparative negligence, each party can be held responsible for damages in proportion to the fault assigned to them unless the plaintiff’s negligence surpasses a designated percentage. In some states, the cutoff is 50%, while in others, it is 51%.
• Slight/gross negligence: This rare system is only used in South Dakota. Under it, an individual cannot recover damages if they acted with more than “slight” negligence.

Which Fault System Does Wisconsin Use?

Wisconsin is one of the 23 states that follow a modified comparative negligence system with a 51% bar. This means that a plaintiff can seek damages if they are 50% or less at fault for the accident. However, they will be barred from recovering compensation if they are 51% or more at fault. Thanks to this system, Wisconsin accident victims are often still eligible to file a personal injury claim even if they share some responsibility for the incident.

What Impact Could the Percentage of Fault Assigned to You Have on Your Settlement?

Accurately determining fault is critical in a Wisconsin accident case because it directly affects not only your ability to file a claim but the total amount of your settlement. For example, imagine you were involved in a car accident and had $50,000 worth of damages. If the court decides you were 20% at fault for the crash because you were driving slightly above the speed limit, your settlement would be reduced proportionately to the percentage of fault assigned to you. After a 20% reduction, your total compensation would be $40,000.

Insurance companies are very aware of this fact and will attempt to shift blame onto victims to reduce the amount they have to pay. A skilled car accident lawyer can help you fight back against the insurance company’s accusations so you can get the settlement you deserve.

What Should You Do After an Accident Where You May Have Been Partially Responsible?

Accidents happen quickly, and the aftermath can be chaotic. While you may believe that your actions could have contributed to your injury, you should avoid voicing this opinion to others involved in the accident. You may find out later that you were incorrect in your assessment of the situation. Unfortunately, your admission of fault could still be used as evidence against your claim, which could negatively impact your chances of recovering compensation.

If you are questioned by the police or interviewed by an insurance adjuster:

• Do not discuss who was at fault for the accident.
• Be truthful with your answers, but do not provide more information than the question requires.
• Stick to facts, and don’t speculate about what may have happened.
• Remember that “I don’t know” is an acceptable answer if you are uncertain about a question.

Insurance adjusters are not on the victim’s side and are often skilled at getting them to say things that may harm their claim. Contact a knowledgeable Wisconsin personal injury lawyer who can ensure that your rights are being upheld and your claim is protected.

How Can a Personal Injury Lawyer Help You?

Determining fault in an accident can be challenging and involved. An experienced Madison personal injury lawyer has the skills and resources necessary to thoroughly investigate your case and help you get the recovery you deserve, even if you were partially at fault. A single percentage of fault can make all the difference in whether you are eligible to file a claim or not. Don’t let your opportunity to recover compensation slip away. Contact our office today to learn how we can assist you.

Personal injury cases can be complex and stressful for patients, especially if they have suffered severe physical injuries. As a chiropractor, you play a crucial role in providing healthcare to your patients, but you also have a responsibility to document, communicate, and potentially testify in personal injury cases. In this blog, we’ll discuss best practices that chiropractors can follow to support their patients’ personal injury cases.

Document everything

Keep detailed records of all treatment you provide, including the patient’s initial assessment, treatment plan, progress notes, and any changes to the plan. It is critical to document that an accident has occurred resulting in injury (if that is your medical opinion). This documentation will be important if the patient’s case goes to court.

Communicate with the patient’s attorney

It is crucial for doctors to communicate with the personal injury attorney representing their patient when there are significant updates or issues. By providing timely updates and addressing any concerns promptly, doctors can assist the attorney in building a strong case. A good personal injury attorney values open and transparent communication from healthcare providers as it ensures that all parties involved are well-informed and working towards a common goal.

Document the end of treatment for the injury caused by the accident

It is helpful to all parties involved to clearly document in the patient’s medical records when the patient is no longer receiving treatment for the accident in question. This ensures that everyone is aware of the patient’s status and can avoid any unnecessary procedures or expenses. Clear documentation helps avoid confusion, provides legal evidence of the patient’s progress, and ensures appropriate patient care. It also helps inform future treatment decisions and prevents delays in the settlement process for the client.

Stay objective with the patient

By staying objective and leaving the legal aspects of the case to the patient’s attorney, chiropractors can avoid feeling pressured to give an opinion about legal matters. This can help reduce stress and anxiety, and allow them to focus on what they do best – providing healthcare to the patient. It also ensures that the patient receives the best possible care they need and that their legal rights are protected.

If you have been called as a witness

If the patient’s case goes to court, be prepared to provide testimony about the reasonableness and necessity of their treatment, and that it was caused by the accident. This includes having organized and easily accessible documentation, as well as being prepared to answer questions about the treatment plan, progress notes, and permanency of any injuries caused by the accident. By doing so, chiropractors can help support the patient’s case and ensure that their treatment is viewed as essential and effective. It’s important to stay focused on the patient’s physical health and well-being throughout the legal process and provide truthful and accurate testimony when needed.

The opinion of medical probability in a personal injury case

In personal injury cases in the state of Wisconsin, the standard of medical probability applies to the opinion of chiropractors regarding their patients’ medical treatment. If a patient has been injured in an accident and has a personal injury case, their chiropractor’s opinion must meet the legal standard of proving that the injury is more likely than not (greater than 50% probability) caused by the accident in question.

Many patients are not aware of their rights

Patients who have been injured in an accident may not be familiar with the legal process and their rights as a victim. It is clear that the insurance company is not prioritizing their best interests when it comes to their personal injury claim. Therefore, you could be the only opportunity they have to be guided towards help.

In conclusion, chiropractors play a critical role in supporting personal injury cases. By following these best practices, chiropractors can provide excellent healthcare to their patients while also ensuring that they are documenting, communicating, and potentially testifying to support their patients’ legal cases. As a result, patients can receive the compensation and care they deserve, ultimately leading to justice.

It is important for chiropractors to be aware of and adhere to the ethical standards established by the Wisconsin Chiropractic Examining Board, American Chiropractic Association and any other regulatory bodies.  Any violation of these standards can result in legal and professional consequences. Additionally, chiropractors should keep themselves updated with the latest laws and regulations related to personal injury cases in their state.

It is also essential to note that this blog is for informational purposes only and should not be construed as legal or professional advice. Chiropractors should always consult with their legal counsel and professional organizations for specific guidance on how to support their patients’ personal injury cases while adhering to ethical and legal standards.

Do I Have a Case Against the Property Owner if I Was Injured While Trespassing?

Generally, most law-abiding citizens attempt to stay off the property of others if they do not have permission to be there. However, situations do occur where an individual may be trespassing without realizing it. This can happen in a number of ways:

• Property boundaries may not be clearly marked in rural areas or hunting land.
• Unknown to you, commonly traversed shortcuts to public land may cross through private property.
• You could be dropping in to welcome a new neighbor without their knowledge or consent.

If you suffer an injury while trespassing in Wisconsin, what legal rights do you have? Can the property owner be held liable for damages? A knowledgeable personal injury lawyer can address some of these challenging questions. If you are facing this legal dilemma, it is critical to promptly schedule a case evaluation with a lawyer because every situation is unique, and the details can impact the outcome of your claim.

What is a Trespasser?

A trespasser is legally defined as an individual on a property without the express or implied consent of a possessor of that property.

The possessor of a property can include owners, renters, tenants, lessees, or anyone else who is lawfully occupying the property. Intent to trespass does not have to be demonstrated for a person to be considered a trespasser.

What Duty of Care is Owed to Trespassers in Wisconsin?

Under Wisconsin state statutes, a property owner owes no duty of care to a trespasser in most circumstances. However, the owner cannot willfully, wantonly, or recklessly kill or injure a trespasser. For example, a property owner cannot legally set up traps on their property with the intent to harm anyone who may enter. If a trap injured you, you would have cause to bring a personal injury claim.

While property owners have a general duty not to cause intentional injury to trespassers, this rule is superseded by a person’s right to use reasonable and necessary force to defend themselves, their property, and others if they believe they are in imminent danger of harm. This area of the law can become complex, so it is recommended to speak with an experienced premises liability lawyer if the property owner claims self-defense after an incident.

How Does the Duty of Care Change if the Trespasser is a Child?

The main exception where a property owner can be held liable for injuries suffered by a trespasser on their property occurs when the trespasser is a child. Children do not have the knowledge and awareness of adults, so they may unwittingly go onto others’ property and explore areas that could be dangerous. Property owners are responsible for securing their property and taking measures to make it safe if it is foreseeable that children may trespass on the premises.

Under the law, all five of these facts must be proven for a property owner to be held responsible for the injury or death of a child trespasser on their property:

• There was a condition on the property that was not natural that could cause harm to a child, and the property owner maintained it or allowed it to exist.
• The property owner was aware or should have been aware that children were trespassing on the property.
• The property owner knew or should have known that a condition on their property could cause serious injury or death to a child.
• The child injured or killed was unaware of the risks posed by the condition on the property due to their age.
• There were reasonable safeguards that the property owner could have taken to make the dangerous condition safer without materially interfering with its use or purpose.

How Could Wisconsin’s Comparative Fault System Impact My Claim?

Wisconsin operates under a modified comparative fault system with a 51% bar for personal injury claims. Under this system, a plaintiff can bring a claim against a defendant as long as they are not more at fault for the incident than the defendant. For plaintiffs with a valid claim, their damages will be reduced in proportion to the amount of fault they share in the accident.

This system can make it challenging for victims who were trespassing to recover compensation. The illegality of the act of trespassing can often be used as evidence of the victim’s fault and may bar them from recovery in all but the most unusual circumstances. However, exceptions do exist, and only an experienced Wisconsin personal injury lawyer can provide a legal opinion on the merits of your case.

What Should You Do if You Have Been Injured While Trespassing?

Any time you are injured on another’s property, there are steps you should take to safeguard your health and protect your legal rights. First, you should get emergency medical attention if the injury is severe. Even if you have seemingly minor injuries, you should seek a prompt medical evaluation for your well-being and to create a medical record of the incident.

The other crucial step is recording the scene of the accident. Take pictures or videos with your phone to document the area. Property owners could try to fix issues afterward, so it is critical to have proof of the conditions at the time of your injury.

You may have legal options if you have been harmed on someone else’s property, even if you were trespassing. Contact our personal injury law firm today to schedule a free consultation on your case.

In the last few years, ridesharing services have exploded in popularity. By using a phone app to connect passengers and drivers, companies such as Lyft and Uber utilize private drivers and their cars to provide transportation services to travelers. Users like the ease and convenience of scheduling a ride through the app. However, when accidents occur while using these services, it can be anything but convenient. Keep reading to learn more about who can be held liable for a rideshare accident and how you can safeguard your legal rights by taking some simple steps after a crash.

Whose Insurance Will Cover My Rideshare Accident Injuries?

Similar to all Wisconsin car accidents, liability for a rideshare accident lies with the individual(s) at fault for the crash. You can seek compensation from the insurance of the liable party.

There are three potential insurers you may be able to file your claim with, including:

• The rideshare driver’s insurance: If your driver was at fault for the accident, you can try filing a claim against their auto insurance. However, many insurers have exclusions for accidents that occur while the driver is transporting passengers for money. 
• The other driver’s insurance: If the other driver caused the crash, you could seek compensation from their insurance. However, they may not carry enough coverage to pay for all your losses if you have severe injuries or if several people were hurt in the accident.
• Uber or Lyft’s insurance: If you’ve been injured in a ridesharing accident, you will likely be eligible to file a claim against the company’s third-party liability insurance. It provides coverage if their driver was at fault, if the other driver who caused the accident was uninsured or underinsured, or if the accident was a hit-and-run and the at-fault driver cannot be found.

There may also be rare cases where a third party, such as a bicyclist, pedestrian, or even a government entity responsible for road maintenance, could be fully or partially liable for the accident. In these complex situations, it is critical to contact an experienced Wisconsin rideshare accident attorney who can investigate the crash and help you determine how to recover damages from the responsible parties.

How Much Insurance Do Uber and Lyft Carry for Passengers?

As required by law, Uber and Lyft carry significant third-party liability coverage for passengers hurt while using their services. These policies provide up to $1 million for property damage and injuries suffered by victims. They also offer $1 million in coverage if the other driver is uninsured/underinsured.

However, there are some limitations to their insurance policies that victims should know about:

• Their coverage is only applicable if the driver was logged into the ridesharing app and was recorded as actively transporting a passenger.
• Their insurance will only begin to pay out once all other insurances have paid their maximum, so it may require filing multiple claims with different companies.
• If you are filing an uninsured/underinsured motorist claim, you must support your claim with sufficient documentation of the at-fault driver’s insurance, or lack thereof, or you must prove that the accident was a hit-and-run and the driver could not be identified.

What Steps Should I Take After an Uber or Lyft Accident?

Accidents happen very quickly and can leave you in shock. Your well-being should always be your first concern following a crash. However, if you can take certain steps at the time of the accident, it may make it easier to recover compensation later:

• Get prompt medical care: If anyone involved in the crash is seriously hurt, call 911 immediately. If you have minor to moderate injuries, seek treatment at a local urgent care, ER, or doctor’s office. Even if you feel uninjured, you should get a medical evaluation as soon as possible because you may have injuries masked by adrenaline from the stressful event.
• Contact the local police: A police report provides essential information about the crash, its causes, and those involved.
• Collect insurance information from the rideshare driver: Under Wisconsin state law, the driver must carry proof of insurance at all times and present it to all interested parties upon request after an accident.
• Take a screenshot of your rideshare app: Having proof of your passenger status at the time of the accident can be critical to your claim against the rideshare company’s insurance coverage.
• Photograph the accident scene: Pictures of the accident are valuable for determining liability for the crash.
• Get contact information for eyewitnesses: First-hand accounts can be useful for reconstructing the accident, if necessary.
• Call a trusted personal injury lawyer: A lawyer with experience in rideshare accidents can advise you on your next steps and ensure that your legal rights are upheld.

How Can a Rideshare Accident Lawyer Help Me?

Liability in rideshare accidents can be a complex topic. Determining which insurance or combination of insurances will cover your damages is often challenging. As a rideshare crash victim, you deserve to have a knowledgeable lawyer on your side who understands the intricacies of Uber and Lyft accidents and how Wisconsin law affects your unique case. An experienced personal injury lawyer will work to help you recover the best possible settlement for your losses, including damages for medical expenses, lost wages, pain and suffering, and more.

Slips and falls are common and can have devastating results. They are one of the most significant contributors to head injuries. They can cause embarrassment, confusion, and pain and result in medical bills.

Some of the leading causes of slips and falls indoors are wet floors. You may have seen the “wet floor” signs in grocery stores or other places. This is to protect others, allow them to steer clear of the area, and lower the risk of hurting themselves. Items in the store walkways, poor lighting, and icy or wet pathways are other common causes of slips and falls.

What are Trip and Fall cases?

Trips and falls cases are also common and can lead to serious injury. You could walk down a path, trip over an obstacle such as a branch or holes/cracks in the sidewalk, and fall. Items in the walkways at department stores can also lead to trips and falls. Merchandise on shelves or the floor can quickly cause a trip and fall. Head injuries, broken bones, and lacerations are all common injuries from trips and falls.

What Should I Do Immediately After a Fall?

There are a few steps that you can take immediately to help yourself in the future. Notifying the appropriate parties regarding the fall, such as the property owner or manager, and getting their contact information is a great place to start. This is not the time to discuss fault or the cause of the fall. It can be best to wait to discuss this information with them and any insurance companies involved at a later date.

If you are able to get pictures of the environment where you fell or eyewitness statements, that is helpful for you too. Seek medical attention. It can feel as if there aren’t severe injuries caused by the fall, but it is best to consult a doctor to rule out any unforeseen injuries that could create problems for you in the future.

Why Would I Need an Attorney?

Falls lead to injuries nearly every day. A quick fall can create lasting consequences for you in the future, whether it be through financial strain or physical or emotional pain. You shouldn’t have to cover the costs of medical bills and time away from work if a property owner was negligent, which led to your fall.

Experienced attorneys for personal injury cases can walk you through your options and help you determine whether or not you are eligible for compensation based on the details of your case. Contact our office at (608) 448-6242 to get your specific questions answered and learn more about how we can help you.

A statute of limitation is a law each state sets up for different categories of crimes or issues. The law sets the maximum amount of time that parties can act on those issues or charge parties for crimes. Each state has its own rules, and in some cases, the statute of limitations can vary between jurisdictions. It is essential to consult an experienced attorney to determine the statute of limitations on your specific scenario to stay within that timeframe.

What is Wisconsin’s Statute of Limitations for Personal Injury Cases?

In the state of Wisconsin, you have three years from the date of the incident that caused the injuries to file a claim. It is imperative that you don’t miss this deadline because even with a solid or viable case for damages, it can be thrown out if the timeline was missed.

What are the Exceptions to the Statute of Limitations?

If your case is against a city, county, or other municipal entity, you must notify the government of your injury within 120 days of the incident. If you choose to bring a case against a municipal entity, you are also required to notify them before filing the claim.

The statute of limitations may be extended in the case of a minor or an adult who is deemed mentally incompetent. In some cases, you will have up to five years to file a claim. It is imperative that you speak with an experienced attorney regarding your or your loved one’s case to determine what the statute of limitations is based on your specific case.

What About Wrongful Death Cases?

In the event of wrongful death due to a car accident, the timeline is limited to two years from the date of the accident.

In conclusion, if it is proven that negligence has occurred that led to your injuries or a loved one’s death, you may be eligible for compensation. This compensation can cover medical costs, lost wages, emotional suffering, and more. You and your family have a right to compensation in most cases, and if you miss the deadline, you will miss out on the option to recover your expenses. Don’t let a timeline be why you cannot get your family back to the whole after an accident.

Speak with an experienced personal injury attorney today to determine what your options are and what timelines are imperative to your specific case. They can walk you through the following steps and help you understand what to expect moving forward. Contact our office at (608) 448-6242 to get started.

Wrongful death is a person’s death due to another’s wrongful acts. This can result from negligence such as a careless or intoxicated driver causing an accident, an intentional act such as assault, battery, murder, and more.

It is never easy to lose a loved one. It can feel unbearable if the facts surrounding their death result from another’s negligence or intentional acts. We understand that filing a wrongful death claim will not bring your loved one back. We respect your desire to want to feel that justice has been served in honor of your loved one and we are prepared to help you understand what options you have.

Who Can Sue for Wrongful Death?

According to Wisconsin law, close family members can file a wrongful death suit for losing their loved one. This can include children, parents, the spouse or domestic partner, and in some cases, siblings and other close relatives.

If you feel that a wrongful death has occurred in your family and want to seek justice in honor of your loved one, speak with an experienced attorney to determine your options.

What Damages Can I Pursue?

Significant financial strain is not uncommon in wrongful death suits. You don’t have to endure the stress of financial distress along with mourning the loss of your loved one.

Some common damages pursued in wrongful death cases are the costs of the funeral or burial and medical expenses incurred before their death. Other damages that can be sought are the estimated amounts related to the inheritance that is now lost due to wrongful death, loss of society or companionship due to the loss of a spouse or a parent, and more.

It can be overwhelming to try and determine the total financial strain this loss has on your family. Consult an experienced attorney to determine what compensation may be available to you.

Why Work with an Attorney?

While you are mourning the death of your loved one, you shouldn’t have to navigate financial strain alone. Document the important dates such as the original incident, medical appointments, and the costs associated with medical care and funeral or burial services. You can share this information with your attorney and create a reasonable plan for the compensation you may be eligible for. As discussed above, other compensation may be available that you may not have even thought of. A knowledgeable attorney can help you gain perspective and fight for what is rightfully yours. Contact our office at (608) 448-6242 to learn more about your options. Through years of experience working with families, we are confident that we can help you too.