Latest News

October 14, 2024 by Will Pemberton

Madison School Supply Grill and Chill Event

September was busy! The firm put on a school supply giveaway at Madison’s Lake View Elementary. This “Grill and Chill” event helped prepare students for the fresh school year with new utensils, backpacks, notebooks, and much more.

WKOW covered the story, highlighting the excitement. Here’s a quote they received from our founder, Will Pemberton:

“I think it’s very important that when kids go back to school they have everything they need to succeed,” said Attorney Pemberton. “School is hard enough and we want to put the kids in the best possible position to succeed.”

Company Get-Together At Devil’s Lake

More recently, on Friday October 11, the gang got together for a company BBQ at Devil’s Lake! We enjoyed some burgers and brats, salads, snacks, and, of course, each other’s company. The weather was kind to us. An easy 70 degrees and clear, blue skies made it easier to appreciate the fall colors.

October 7, 2024 by Will Pemberton

If you are a pedestrian and are hit by a car in Wisconsin, you have the legal right to sue the driver of the vehicle. That is, if the driver is at fault or contributed to the accident in some way.

Pedestrian-car accidents can be traumatic and often lead to serious injuries, and pursuing a lawsuit may be necessary to cover medical expenses, lost wages, and other damages.

In Wisconsin, the process of seeking compensation for injuries is shaped by the state’s personal injury laws, negligence rules, and insurance requirements.

Understanding Wisconsin Personal Injury Claims

A pedestrian accident case falls under what’s known as a personal injury claim. Personal injury claims arise when someone is harmed due to another party’s negligence. These claims are most commonly from car accidents, workplace incidents, or defective products.

Establishing fault is key, and legal help is often essential for serious cases:

In a Wisconsin personal injury case, establishing fault involves proving that one party’s negligence caused the injury. The injured party must demonstrate that the defendant had a duty of care, breached that duty, and directly caused harm as a result. This can involve showing that the defendant acted unreasonably or failed to take necessary precautions.

Types of Evidence When Proving Fault

Evidence such as witness testimony, expert analysis, and physical documentation, like photos or medical records, is often used to support these claims.

Legal Considerations and Compensation

Wisconsin has a statute of limitations for filing these claims. That limitation is three years, which means injured individuals have three years from their accident to file a claim.

There are also damages to consider. Think of damages as losses related to the accident. Calculating damages includes medical costs, lost income, and pain and suffering. Settlements for damages are often negotiated outside of court, but a lawsuit may be necessary if disputes arise.

For more detailed guidance, visit the Wisconsin State Bar page.

Wisconsin Comparative Negligence Rule in Pedestrian Injury Cases

What if both parties are at fault?

Wisconsin follows a comparative negligence rule in car accident claims, which applies to situations where fault is shared between the parties involved. Under this rule, as long as the injured party’s negligence is not greater than the other party’s, they can still recover damages.

However, the compensation is reduced based on their percentage of fault. For example, if a pedestrian is found to be 30% responsible for an accident, they can recover 70% of their damages. If their fault is 51% or more, they are barred from recovery altogether.

Here’s an illustration to give you a better idea:

If the pedestrian is found to be 40% at fault and the total damages are $300,000, the compensation would be reduced by 40%, leaving the pedestrian with $180,000.

For official documents and more helpful information, visit the Wisconsin State Law Library on the topic of comparative negligence.

October 3, 2024 by Will Pemberton

The time it takes to settle a pedestrian accident case can vary significantly. Typically, it will depend on factors like injury severity, liability disputes, and whether the case goes to trial. Some cases may settle within a few months if liability is clear and damages are straightforward.

However, complicated cases with serious injuries, ongoing insurance talks, or lawsuits can take a year or more to settle.

Pedestrian Accident Timeline Factors

The timeline of a pedestrian accident case can be influenced by several factors:

Severity of Injuries: More severe injuries may require longer medical treatment and recovery, delaying the resolution of the case.
Investigation Duration: The time law enforcement needs to finish accident reports and collect evidence can lengthen the timeline.
Insurance Negotiations: Lengthy negotiations with insurance companies over liability and compensation can prolong the process.
Legal Proceedings: If the case goes to court, several factors can affect the timeline. These include court schedules, pre-trial motions, and jury selection.
Evidence Collection: Gathering medical records, witness statements, and expert opinions can take a lot of time.

Legal Framework of a Pedestrian Accident in Wisconsin

Negligence and Liability: Pedestrian accidents are primarily governed by negligence law. In Wisconsin, a pedestrian can file a claim against a driver if they can prove the driver acted negligently. The Wisconsin Department of Transportation (WisDOT) states that drivers must yield to pedestrians at marked crosswalks. However, pedestrians also have a responsibility to exercise caution.

Comparative Negligence: Wisconsin follows a modified comparative negligence rule. That means a pedestrian can have their compensation reduced by their percentage of fault. For example, if the pedestrian holds 20% responsibility for the accident, their payout could reduce accordingly. What would have been a payout of $100,000, in that case, would be $80,000.

Insurance Considerations

Insurance Coverage: Drivers are required to carry liability insurance in Wisconsin. Navigating insurance claims can be complex, particularly when multiple parties are involved. The Wisconsin Department of Insurance highlights the importance of understanding coverage options, including uninsured or underinsured motorist coverage.

Medical Issues

Injury Types: Common injuries in pedestrian accidents include fractures and traumatic brain injuries. Immediate medical attention is crucial, as timely treatment can greatly affect recovery. Ongoing medical care may also be necessary for severe injuries, impacting legal claims for future medical expenses.

Get a Better Idea of Your Claim’s Timeline – Contact Us

Pedestrian accident cases in Wisconsin involve intricate legal, insurance, and medical considerations. For those affected, understanding these complexities is vital. Resources from organizations such as WisDOT and local legal aid services can offer valuable guidance throughout the process.

You can also contact one of our pedestrian accident lawyers by using the email form below. We provide free case evaluations.

September 23, 2024 by Will Pemberton

A Simple Guide to Wisconsin’s Car Seat Laws

Navigating the world of car seat regulations can be daunting for parents and caregivers. However, ensuring that children are safely secured while traveling is crucial. This guide will help you understand Wisconsin’s car seat laws, ensuring that you’re compliant and keeping your young passengers safe.

*Please note: Pemberton Personal Injury Law Firm cites Wisconsin state guidelines in this post. We are not experts in car seat safety, but rather we serve clients who suffer personal injuries and need assistance with Wisconsin law. For questions regarding car seat safety, please visit Children’s Wisconsin FAQ or the WisDOT website.

Understanding Wisconsin’s Car Seat Requirements

Wisconsin’s car seat laws are designed to protect children by ensuring they are appropriately secured in a vehicle. The regulations are straightforward and vary by age, weight, and height of the child:

Infants (less than 1 year old and under 20 pounds) must be in a rear-facing car seat.
Toddlers (at least 1 year old, over 20 pounds, but under 4 years or 40 pounds) should use a forward- or rear-facing car seat.

When to transition your child to a booster seat, per Wisconsin guidelines:

Children aged 4 to 8 (between 40-80 pounds and no more than 4 ft. 9 in.) need a booster seat.

Remember, these guidelines are minimum requirements. Experts recommend keeping children in each stage longer if possible for maximum safety.

Penalties for Non-Compliance

Not adhering to Wisconsin’s car seat laws can result in penalties, which vary based on the child’s age:

For children under 4 years, the penalty is $175.30.
For ages 4 to 8, the penalties begin at $150.10 for the first offense and increase with subsequent violations.

These penalties emphasize the importance of complying with the laws to avoid fines and ensure child safety.

Key Considerations for Parents

Parents should be diligent about understanding and following car seat regulations. When selecting a car seat, consider the following:

Check Weight and Height Limits: Ensure the car seat suits your child’s current weight and height.
Installation: Ensure proper installation to maximize safety. Many local organizations offer free car seat checks.
Transition Timing: Move your child to the next car seat stage only when they exceed the current seat limits.

Maintaining awareness of these factors ensures compliance and safety for your child.

Beyond Legality: Common Best Practices

While following the law is essential, there are additional safety recommendations to consider:

Rear-Facing Longer: Keep children rear-facing until at least age 2 or when they exceed the seat weight and height limits.
Back Seat Riding: Children should ride in the back seat until they are at least 13 years old.
Proper Seat Belt Fit: Ensure that the lap belt sits low across the child’s thighs and that the shoulder belt crosses the shoulder between the neck and arm.

Implementing car seat best practices can further safeguard your child during travel.

The Importance of Regular Checks

Regularly checking car seats for wear and tear is vital. Follow these tips to ensure your car seat remains safe:

Expiration Dates: Check the car seat expiration date. Replace expired seats for optimal safety.
Recalls: Stay informed about any recalls associated with your car seat model.
Post-Accident: Replace the car seat after a moderate or severe accident, even if no visible damage is present.

Being proactive about car seat maintenance protects your child’s safety.

Community Resources for Car Seat Safety

Local resources in Wisconsin offer assistance to ensure car seats are properly fitted and safe:

Car Seat Checks: Many communities provide free car seat inspections.
Guidance: Local agencies offer resources and advice on choosing the right car seat.
Safety Events: Attend community events focused on child passenger safety.

Utilizing these resources can provide peace of mind and ensure compliance with state laws.

Transitioning Out of a Booster Seat

Knowing when your child can transition out of a booster seat is crucial. According to Wisconsin law, this should occur when the child:

Is over 8 years old
Weighs more than 80 pounds
Is taller than 4 ft. 9 in.

Keep in mind that transitioning too early can compromise safety. It is recommended to wait until your child comfortably meets all the criteria.

When Your Family’s Safety Is Compromised, We’re Here to Help

Understanding Wisconsin’s car seat laws is vital for ensuring the safety of young passengers. By adhering to legal requirements and following best practices, you can protect your child during every car ride. For parents or guardians involved in a car accident, or seeking more information, consider reaching out to Pemberton Personal Injury Law. We can offer guidance and support tailored to your needs.

September 23, 2024 by Will Pemberton

Pemberton Personal Injury Law Firm Welcomes New Attorney Jonathan Esp

Madison, Wisconsin – September 23, 2024 – Pemberton Personal Injury Law Firm is eager to announce the addition of Jonathan Esp as the newest member of our team. Jonathan will be joining our Madison office and will represent clients statewide in personal injury cases.

Having received his JD from Marquette University and represented clients on the state and federal level, Jonathan’s local background and commitment to justice make him a valuable addition to our Wisconsin firm. He brings with him over a decade of committed advocacy, having practiced law across various industries pursuing justice for clients.

“We are thrilled to welcome Jonathan to Pemberton Personal Injury Law Firm,” said William Pemberton, CEO, and founder. “His experience and commitment to justice will strengthen our already client-focused team.”

Esp’s background includes complex litigation in insurance, real estate, and employment law industries. “I’m honored to join Pemberton, a firm that shares my passion for justice and excellence,” said Esp. “I look forward to collaborating with my colleagues to guide clients through their most challenging times.”

For more information about Attorney Esp or to schedule a consultation, please contact our office at (608) 448-6242 or visit our website at pembertonpi.com.

About Pemberton Personal Injury Law Firm

Pemberton Personal Injury Law Firm is dedicated to advocating for the rights of individuals who have been injured due to the negligence of others. With a commitment to excellence and people-focused service, we strive to achieve the best possible outcomes for our clients.

Contact:

Moses Ehlers
Marketing Director
Pemberton Personal Injury Law Firm
608.448.6242
moses@pembertonpi.com
Pembertonpi.com

September 16, 2024 by Will Pemberton

When the at-fault driver flees the scene of a hit and run, victims can still obtain compensation through their uninsured motorist (UM) coverage (if they have this insurance). This policy applies when the at-fault driver cannot be identified. Additionally, victims can pursue legal action if the fleeing driver is later found. Wisconsin law allows victims to claim damages for medical expenses, lost wages, pain and suffering, and other losses.

What if the at-fault driver hits a pedestrian?

All hit and runs create significant hurdles for the injured party, but this is especially the case when the victim is a pedestrian. When a pedestrian is struck by a hit-and-run driver, they typically use their Uninsured Motorist (UIM) coverage to claim compensation if the driver cannot be identified.

If the pedestrian has other relevant insurance policies (such as personal injury protection or PIP), those might also provide coverage. However, UIM is the primary insurer for compensation in hit-and-run cases where the driver remains unknown.

Wisconsin Hit & Run Laws

In Wisconsin, drivers involved in accidents are required by law to stop and fulfill certain obligations based on the nature of the collision. These obligations include reporting the car accident, providing identification, and rendering aid. Specific sections address collisions with people, attended vehicles, unattended vehicles, and property. Failure to comply with these requirements can result in severe penalties, including fines and imprisonment, particularly when accidents involve injury or death.

Statute of Limitations

In Wisconsin, hit and run injury claims have a three year statute of limitations. That means victims of hit and runs have three years to begin the claims process. For any property damage claims, the statute of limitations is also three years. Victims should begin their claims process sooner rather than later. Gathering evidence and seeking help is much easier immediately after the incident.

For more details, visit the Wisconsin Legislature’s site on car accidents and hit-and-run laws.

September 11, 2024 by Will Pemberton

If you’ve suffered a dog bite and you’re unsure what to do next, you’re in the right place. We’re here to provide answers and help you navigate the process. The first thing you need to do after a dog bite is to seek medical attention immediately. Dogs can carry diseases that humans do not, and your exposure to them can pose serious health risks.

Dogs can be our best friends, but they can also become unpredictable under specific circumstances. The behavior of individual dogs can be influenced by various factors, such as breed and training, which can shape their temperament.

Understanding Wisconsin Dog Bite Laws

In Wisconsin, dog bite laws are primarily covered under Wisconsin Statute 174.02, which holds dog owners liable for damages caused by their dogs. Here are the key details:

Strict Liability for Injuries: Dog owners are liable if their dog causes injury to a person, domestic animal, or property, regardless of the dog’s past behavior. This means that even if the dog had no history of aggression, the owner is still responsible.
Double Damages for Repeat Incidents: If the dog has previously bitten someone or caused injury, and the owner was aware of the prior incident, the law allows the injured party to seek double damages.
Provocation Defense: An owner may not be liable if it can be proven that the dog was provoked or that the person injured was trespassing.
Penalties: In addition to civil liability, Wisconsin law allows for local authorities to impose penalties, including fines, on owners whose dogs injure others.

This statute is designed to protect victims while holding dog owners accountable for their pet’s behavior.

Should I Proceed with a Dog Bite Lawyer?

If you’re unfamiliar with the legal world, it can be challenging to decide whether to seek legal assistance for a dog bite. We’re here to shed some light on this issue.

The timing of the incident is crucial. Wisconsin, for instance, has a three-year statute of limitations for dog bite cases. The sooner you take action, the better. A fresh recollection of events can make your case stronger.
Consider the severity of your injuries. If they are minor and don’t require significant medical attention, a legal case may not be worth the hassle. If, however, the dog bite resulted in substantial injuries, medical bills, and loss of wages, a personal injury claim may be justified.

If you’re uncertain about pursuing a case, we welcome you to reach out to Pemberton Personal Injury Law Firm. We offer free consultations. It’s always better to have clarity than to live with doubt.

How to Approach a Dog Bite Incident

Safety First

Staying calm and composed after a dog bite is crucial. Rapid movements can further agitate the dog and increase the likelihood of additional harm. If possible, create a barrier between you and the dog using an object like a bag or a jacket. Avoid direct eye contact, which the dog might perceive as a threat. Instead, keep your body turned to the side and slowly retreat until you are at a safe distance. Once safe, immediately seek medical attention.

What to Do at the Scene

Once you’ve put some distance between yourself and the dog, contact emergency services and notify the police, especially if the injury is severe. Reporting the incident can prevent the dog from causing future harm. As you wait for help to arrive, try to gather information about the dog and its owner, including their contact details and the dog’s vaccination history.

Documenting the Dog Bite

Take pictures of your injuries and the location where the incident occurred. Prompt recording of the event can provide valuable evidence later on. If you haven’t been able to take pictures yet, don’t worry – pictures taken later can still serve as evidence.

Dealing with Uncooperative Owners

If the dog’s owner isn’t cooperative, keep a detailed record of your interactions with them and with the authorities and medical professionals you’ve contacted. This information could be highly valuable in any subsequent legal proceedings.

Dog Bite Lawyers in Madison

We understand that dog bite injuries can be physically and emotionally taxing, and they can cause serious financial strain. Our experienced Wisconsin dog bite lawyers are on hand to gather crucial evidence, determine liability, and fight for the compensation you deserve. Get in touch with us at 608-448-6242 and find out how we can support you through this challenging time.

June 21, 2024 by Will Pemberton

The National Trial Lawyers Announces Rhyan Lindley As A Member of The NTL – Civil Plaintiff – Top 100 Trial Lawyers In Wisconsin

The National Trial Lawyers proudly announces the selection of Rhyan Lindley, a distinguished member of Pemberton Personal Injury Law Firm, as an NTL – Civil Plaintiff – Top 100 Trial Lawyer in the state of Wisconsin.

The Top 100 distinction is bestowed upon a select group of attorneys who exhibit superior qualifications, exemplary trial results, and exceptional leadership in the realms of criminal defense and/or civil plaintiff law. Membership in The National Trial Lawyers Top 100 not only recognizes these legal professionals for their achievements but also offers invaluable legal news, information, and continuing education resources to trial lawyers nationwide.

About The National Trial Lawyers

The National Trial Lawyers is an invitation-based organization dedicated to recognizing and promoting excellence in the legal profession. Comprising the top 100 trial lawyers in each state, the organization provides a platform for networking, knowledge-sharing, and professional development within the legal community.

June 20, 2024 by Will Pemberton

If you’ve suffered a severe injury in an accident caused by a commercial truck, you may be wondering what to do next. The most important steps are to get proper medical treatment and then contact an experienced truck accident lawyer who can protect your rights and pursue fair compensation.

A lot happens before you might file a lawsuit, and below are some steps to take following a crash and how you might go about filing a truck accident lawsuit.

Seek Medical Care Immediately

Your health and well-being should be the top priority after any serious accident. Even if you feel okay at first, it’s wise to get checked out by a doctor as soon as possible. Some severe injuries may not show symptoms right away.

Promptly seeking treatment ensures that all of your injuries are diagnosed and documented. This creates important medical records that will be valuable evidence in your legal case.

Tell your doctors about your symptoms and follow their treatment recommendations closely. Continue with all follow-up appointments and therapy sessions. Gaps in treatment can be used against you by the trucking company’s insurer.

Be Cautious When Talking to Insurance Companies

After an accident with a commercial truck, a representative from the trucking company’s insurer will likely contact you. They may ask for a recorded statement about what happened or pressure you to accept a quick settlement offer.

It’s best to avoid discussing the details of the crash with any insurance adjusters until you’ve spoken to your lawyer. Insurers focus on minimizing payouts, not ensuring you get fair compensation.

Anything you say can be twisted and used to undermine your case. Let them know you are still receiving treatment and will respond to their requests once you’ve retained legal counsel.

Contact an Experienced Truck Accident Attorney

Truck accident cases are very complicated, with multiple potentially liable parties, federal regulations, and well-funded corporate legal teams on the other side. To level the playing field and give yourself the best chance at a good outcome, hire a skilled truck accident attorney as soon as possible.

Look for a lawyer with specific experience handling commercial vehicle crash cases and a track record of success. Most reputable firms offer free initial consultations, so you can get advice on your rights and options at no cost.

Your attorney will handle all communications with insurance companies and at-fault parties on your behalf. They will launch an immediate investigation to secure evidence like the truck’s black box data, driver logs, and vehicle maintenance records before it can be lost or destroyed.

A knowledgeable truck accident lawyer will identify all potential sources of compensation and build a strong case for maximum damages. With their guidance, you can avoid mistakes and make the best decisions for your physical, emotional, and financial recovery.

Investigating the Accident

Your lawyer and their team will conduct a thorough, independent investigation into the accident to determine liability and build a persuasive case.

This process involves:

Visiting the crash scene
Interviewing eyewitnesses
Reviewing police reports
Analyzing photos and surveillance camera footage
Consulting expert witnesses
Obtaining driver personnel files and company safety records
Examining data from the truck’s electronic logging devices
Researching the trucking company’s history of accidents and regulatory violations

During the investigation, your attorney will look for evidence of negligence such as:

Truck driver fatigue from violating hours of service limits
Distracted or reckless driving behaviors
Inadequate driver training and supervision
Negligent hiring practices
Improper truck maintenance
Overweight or unsecured cargo loads
Defective vehicle parts
Failure to follow federal safety regulations

Proving fault in a truck accident case often requires extensive legal and technical experience. An experienced lawyer will know how to uncover and leverage the evidence needed to demonstrate the full extent of the defendant’s negligence and liability.

Identifying Liable Parties

Truck accident cases are especially complex because multiple entities may be legally responsible for a victim’s injuries. Potentially liable parties can include:

The Truck Driver

In many truck accident cases, the driver bears some responsibility for the crash. Truck drivers must follow strict safety regulations and exercise caution behind the wheel. When they fail to do so, innocent people can get hurt.

Examples of driver negligence that commonly leads to accidents include:

Speeding or driving too fast for conditions
Distracted driving, such as texting or eating while driving
Fatigued driving from violating hours-of-service rules
Driving under the influence of drugs or alcohol
Failing to properly secure cargo loads
Making improper lane changes or turns
Tailgating or aggressive driving behaviors

If the truck driver’s careless actions caused your crash, you may have a case against both the individual driver and their employer. Your lawyer will investigate the driver’s history and conduct to identify all relevant evidence of negligence.

The Trucking Company

The trucking company that owns the vehicle and employs the driver can often be held liable for accidents. These companies have a legal duty to ensure their trucks are safe and their drivers are qualified. When trucking companies cut corners on safety, they put everyone on the road at risk.

Trucking company negligence that frequently contributes to accidents includes:

Negligent hiring of drivers with poor safety records or inadequate experience
Failing to properly train drivers on safe practices and company policies
Failing to conduct required background checks and drug tests on drivers
Pressuring drivers to meet unrealistic delivery schedules
Failing to inspect and maintain vehicles according to regulations
Encouraging or ignoring hours-of-service violations

A skilled truck accident attorney will investigate the trucking company’s safety record, hiring practices, and compliance with federal regulations to identify evidence of negligence. Sometimes, the company’s pattern of putting profits over safety can justify punitive damages.

Freight Broker and Logistics Company Liability

Many trucking companies coordinate shipments and routes with third-party freight brokers or logistics companies. These entities can be liable for accidents if their negligence contributed to the crash.

For example, if a broker fails to verify a carrier’s safety record or insurance coverage before hiring them, they may be responsible for any resulting accidents. Similarly, if a logistics company creates an unrealistic delivery schedule that encourages drivers to speed or skip rest breaks, they can be liable for a crash caused by driver fatigue.

Cargo Loading Companies

The company responsible for loading cargo onto the truck can be accountable if their negligence leads to an accident. Improperly secured/overloaded cargo can cause the truck to jackknife, roll over, or spill its contents onto the highway.

Federal regulations dictate how cargo must be distributed and secured for different types of loads. If the loading company fails to follow these rules, they may be liable for any resulting crashes.

Truck and Parts Manufacturers

Sometimes, accidents happen because of a defect in the design or manufacture of the truck or its components. Faulty brakes, tires, steering systems, or hitches can all cause the driver to lose control and crash. If a mechanical failure played a role in your accident, you may have a claim against the manufacturer.

Product liability cases involving large commercial trucks are highly complex and require extensive engineering expertise. Trucking companies must keep detailed maintenance records that can provide crucial evidence of a part failure. It’s best to work with a law firm with the resources and experience to thoroughly investigate potential manufacturing defects.

Maintenance Providers

Trucking companies are legally required to inspect, maintain, and repair their vehicles according to strict standards. Some companies outsource this work to third-party maintenance providers. If a contracted maintenance company fails to properly service the truck and an accident results, they can be held liable.

Maintenance issues that frequently lead to truck crashes include:

Inadequate brake adjustments
Failure to replace worn tires
Incomplete vehicle inspections
Improper trailer hitch maintenance
Failure to fix known mechanical problems

Government Liability for Road Conditions

In certain situations, government entities responsible for road design, construction, and maintenance can be defendants in truck accident lawsuits. Hazardous road conditions such as potholes, inadequate lighting, missing guardrails, or malfunctioning traffic signals can contribute to crashes. If the government agency knew or should have known about the danger and failed to address it, they may be liable.

Suing a government entity is complicated, with special rules and tight deadlines. Most states have a shorter statute of limitations for claims against the government and require plaintiffs to file a formal notice of claim first. Unique sovereign immunity and damages cap issues may also come into play.

An experienced truck accident lawyer will know how to bring a case against a government agency and fight to hold them accountable for negligently designed or maintained roads.

Calculating Damages

If you were seriously injured in a truck accident caused by someone else’s negligence, you may be entitled to compensation for both economic and non-economic damages, such as:

Past and future medical expenses
Lost income and reduced future earning capacity
Pain and suffering
Emotional distress
Scarring and disfigurement
Loss of enjoyment of life
Loss of consortium

Punitive damages may also be available to punish the wrongdoer in cases of egregious misconduct.

Truck accident injuries are often catastrophic, leading to astronomical medical bills, extended time off work, and permanent disabilities. Experienced attorneys work with medical and economic experts to fully assess the long-term impact of the crash and pursue maximum compensation for victims.

Filing the Truck Accident Lawsuit

If negotiations do not result in a fair settlement, your lawyer may advise filing a truck accident lawsuit to take your case to civil court. Litigation begins with your attorney drafting and filing a complaint detailing your injuries, the defendant’s negligent actions that caused them, and the compensation you seek.

Each state has deadlines for filing personal injury lawsuits, known as statutes of limitations. For most truck accidents, the limit is two or three years from the date of the crash. However, certain factors can toll or extend this window. It’s wise to speak with an attorney as soon as possible to protect your right to compensation.

Once the lawsuit is filed, the discovery phase begins. During this process, each side requests relevant documents and information from the other through interrogatories, depositions, and subpoenas. Your lawyer will handle all of these complex procedures and filings for you.

Based on the strength of the evidence obtained during discovery, the defendant may make a settlement offer. Your attorney will review the offer with you and advise if it is fair or if you should proceed to trial. Ultimately, you decide whether to accept a settlement or go to court.

Going to Trial

The vast majority of truck accident cases are resolved through out-of-court settlements. However, if the insurance company refuses to make a reasonable offer, going to trial may be necessary. From selecting a jury to delivering closing arguments, your attorney will handle all aspects of courtroom litigation on your behalf.

Your lawyer will present a carefully crafted case based on solid evidence and expert testimony at trial. They will aggressively pursue the full and fair compensation you deserve.

Of course, going to court extends the legal process and comes with added costs. There is also no guarantee of a favorable verdict. Your attorney will give you a professional assessment of the strength of your case and your likelihood of success at trial so you can make an informed decision.

Hire an Experienced Truck Accident Lawyer ASAP

If you or someone you know has suffered a severe injury in an accident caused by a negligent truck driver, you may be entitled to significant compensation. However, getting the full amount you deserve will likely require filing a lawsuit and facing off against a team of corporate insurers and lawyers determined to minimize or deny your claim.

The best way to protect your rights and improve your odds of a successful outcome is to hire an experienced truck accident lawyer as soon as possible after the crash. A skilled attorney will handle every aspect of your case and fight tirelessly for the justice and financial recovery you need to rebuild your life.

Don’t try to take on the trucking companies alone. Contact a Madison personal injury attorney today for a free consultation and get the legal guidance you deserve.

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