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Types of Brain Injuries From Car Accidents

Personal Injury

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Each year, about 2.8 million people in the United States suffer a traumatic brain injury (TBI). Of those brain injuries, auto accidents are the most common cause.

Brain injury types can vary, perhaps more than you might think. This post will cover the range of brain injuries suffered in car accidents. We will also cover what you should do if you or a loved one have experienced one.

For more data on brain injuries, visit the CDC or the American Association for the Surgery of Trauma (AAST).

Concussion

A concussion occurs when the brain experiences a sudden jolt or impact, leading to temporary dysfunction. Symptoms include headaches, dizziness, confusion, and memory issues. They are typically classified as a mild brain injury. But concussions can have long-term effects if not properly managed, especially after repeated incidents.

Contusion (Brain Bruising)

Contusions involve localized bleeding within the brain tissue, usually resulting from a direct impact to the head. These injuries can lead to swelling, pressure on the brain, and, in some cases, require surgery.

Diffuse Axonal Injury (DAI)

DAI happens when the brain is violently shaken or twisted, causing tearing of nerve fibers. This type of injury disrupts communication between different brain regions and often leads to unconsciousness or persistent neurological deficits. You will commonly see DAIs occurring from high-speed car accidents.

Penetrating Brain Injury

When an object pierces the skull and damages brain tissue, it results in a penetrating brain injury. Such injuries can cause localized damage, infection, and swelling. Immediate medical attention is crucial for survival and recovery.

Traumatic Brain Hemorrhage (Bleeding)

Brain hemorrhages, either within or outside the brain tissue, are caused by ruptured blood vessels. Subdural and epidural hematomas are common types of bleeding.

They occur when blood collects between the brain and its protective layers. This can increase pressure and cause brain damage if not treated.

Secondary Brain Injury

Secondary injuries happen after the first trauma. They include problems like swelling, less blood flow, and higher pressure in the skull. These secondary effects can exacerbate the damage caused by the primary injury and may require intensive care.

These injuries often need quick diagnosis with imaging tools like CT or MRI. A tailored treatment plan is important. Victims may need regular observation, emergency surgery, and rehabilitation therapies to help with ongoing issues.

What to Do If You Believe You Have a Brain Injury

If you think you may have a brain injury, consider the following steps:

  • Seek Immediate Medical Attention: Visit an emergency room or contact a healthcare provider for evaluation. Symptoms like worsening headaches, dizziness, confusion, or loss of consciousness require immediate care.
  • Follow Medical Advice: Adhere to prescribed treatments, such as rest, medications, or follow-up tests like CT scans or MRIs.
  • Limit Physical and Cognitive Activity: Avoid strenuous activities or tasks requiring intense focus to prevent worsening the injury.
  • Document Symptoms and Incidents: Write down any changes in symptoms and the events that led to the injury. This is important for medical and legal reasons.
  • Consult Specialists: If symptoms persist, see a neurologist or brain injury specialist.
  • Consider Legal Advice: If you or a loved one suffered a brain injury due to another person’s negligence, consult a personal injury attorney.

Please note, Pemberton Personal Injury Law Firm cannot give medical advice. Please defer to a medical professional for all things health-related. 

Brain Injury Medical Expenses

Every brain injury is different. But the lifetime cost of an individual brain injury could be over $1.8 million, pending severity and treatment needs.

Costs of traumatic brain injuries may include extensive rehabilitation programs, brain scans, and everyday assistance. There’s also the initial hospitalization to consider.

The United States sees an estimated cost of over $40 billion in nonfatal brain injury medical expenses every year.

What to Do Next

After visiting a medical professional, you should reach out to a car accident lawyer to fully understand your rights. Injury attorneys will walk you through your best course of action.

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Whiplash can sometimes cause brain injury, though the situation and extent of the impact matters. For example, a brain injury could occur when a car collision makes the brain move inside the skull.

Studies also show that chronic whiplash-associated disorders (WAD) can change blood flow in the brain, leading to brain-related problems. That includes cognitive and sensory symptoms, like memory problems or dizziness.

Additionally, the mechanical forces involved in whiplash can cause damage to brain tissues. However, these brain-related symptoms are often subtle and may not be immediately apparent. Injured persons will likely need advanced imaging or evaluation.

If you’ve suffered whiplash from a car accident, make sure you seek medical attention immediately. Doctors will treat your injuries and collect important information about your condition. This will help you understand what to do next.

For more information on whiplash and brain injuries, refer to trusted medical sources like the Mayo Clinic or research articles on chronic WAD.

Types of Brain Injuries Seen in Whiplash Victims

Whiplash can coincide with various types of brain injuries due to the forces involved. These include:

  1. Concussion (Mild Traumatic Brain Injury): Caused by the brain hitting the inside of the skull due to sudden acceleration and deceleration​.
  2. Diffuse Axonal Injury (DAI): Damage to brain cells and their connections, sometimes due to the shearing forces of whiplash. This can disrupt communication between brain regions​.
  3. Contusion (Brain Bruising): Localized bruising of brain tissue that can occur when the brain is jostled in the skull​.
  4. Cerebral Hypoperfusion: Altered blood flow to certain brain areas, leading to symptoms like dizziness, fatigue, and cognitive issues. This is seen in chronic WAD victims.
  5. Post-Concussion Syndrome (PCS): A collection of prolonged symptoms, such as headaches, memory problems, and difficulty concentrating. PCS could last weeks or months after the initial injury​.

These injuries often require advanced imaging and expert evaluation to diagnose and manage effectively. If you suspect a brain injury, it’s crucial to seek medical attention promptly.

Traumatic Brain Injury (TBI) Stats

Long-Term Effects of Brain Injuries

TBIs can have significant long-term effects, especially when they go unnoticed. Even mild TBIs, like concussions, can lead to chronic symptoms.

The severity of the long-term impact of a TBI often depends on factors like the injury’s nature, treatment, and prior health problems.

Long-term effects of TBIs may include:

  • Memory problems, including difficulty recalling recent events or learning new information
  • Mood and personality changes, such as depression, anxiety, or irritability
  • Chronic headaches or migraines
  • Sleep disturbances, including insomnia or excessive sleepiness
  • Difficulty concentrating or multitasking
  • Impaired motor skills, which can affect coordination and balance
  • Disabilities such as dementia or other neurodegenerative conditions, further emphasizing the importance of early diagnosis and intervention.

What Should I Do If I Think I Have a Brain Injury?

If you think you have a concussion or other type of brain injury, take these steps immediately:

  1. Stop all activities that risk further injury, such as sports or physically demanding tasks. Continuing may worsen your condition​
  2. Seek medical attention promptly to ensure proper diagnosis and care. A healthcare professional might perform neurological exams or imaging tests to rule out severe brain injuries​
  3. Rest both mentally and physically. Limit activities like reading, screen use, or intense concentration. Gradual return to regular activities is advised under medical guidance, at the recommendation of your doctor.​
  4. Watch for worsening symptoms, such as repeated vomiting, severe headaches, confusion, or difficulty waking up, which could indicate a more serious condition. In such cases, seek emergency care​

Always follow your healthcare provider’s recommendations and avoid self-diagnosing or self-treating.

Submitting a Brain Injury Claim With Legal Help

A lawyer can assist with a brain injury claim by investigating the incident, gathering medical evidence, consulting experts, and negotiating with insurance companies. They ensure fair compensation for medical bills, lost wages, and pain and suffering. And they do it all while protecting the client’s rights throughout the legal process. We have law offices in Madison, Baraboo, and Eau Claire.

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If you were in a car accident that is not your fault, first find a safe place, and then call 911 for help. From there, document everything: exchange information, take photos, and get witness contacts.

You’ll also want to report the accident to your insurance, but avoid admitting fault. Then you should connect with a car accident lawyer to understand your rights and pursue fair compensation for damages.

This blog will expand on these steps so you can have a thorough guide on how everything works. We’ll also cover Wisconsin’s comparative negligence rule, which could affect the amount of compensation you’re due.

What to Do When a Car Accident Isn’t Your Fault

The following is a guide on what to do immediately after the accident. You’ll also find an overview of Wisconsin’s fault laws and how they apply to your case.

1. Immediate Steps to Take

If you’re in an accident that wasn’t your fault, start by ensuring everyone’s safety and follow these essential steps:

  • Call 911: Even if injuries appear minor, reporting the accident officially is critical for creating a record. Police and medical responders will document the scene, which can support your case later.
  • Exchange Information: Gather contact and insurance details from the other driver, and write down their license plate number.
  • Take Photos and Videos: Use your phone to capture the accident scene. Focus on damage to all vehicles, traffic signs, road conditions, skid marks, and any other relevant details. These images can help reconstruct the events leading up to the accident.
  • Collect Witness Information: If there are bystanders or other drivers who saw the accident. If you’re able to do so, ask for their names and contact information. Their statements may provide valuable support if fault is disputed.
  • Avoid Admitting Fault: Be careful not to say anything that could be interpreted as taking responsibility. Stick to the facts when discussing the incident with the other driver or police.

These steps will help you preserve evidence and protect your rights in the immediate aftermath of an accident.

2. Report the Accident to Your Insurance

In Wisconsin, you need to report all accidents. This includes accidents that cause injury, death, or property damage. If the damage is $1,000 or more, you must inform your insurance provider.

When speaking with your insurance company:

  1. Stick to the facts
  2. Avoid statements that could be interpreted as admitting fault

Even innocent comments like “I didn’t see them” could cause problems. Your insurance company will assess the situation and work with the other party’s insurer to determine liability.

3. What Is Comparative Negligence? How Does It Apply Here?

Wisconsin applies a comparative negligence rule for car accidents. This rule allows you to recover damages even if you’re partially at fault, as long as your fault is less than 51%. However, your compensation will be reduced by your percentage of fault.

For example, maybe you’re found to be 20% responsible for the accident and your damages amount to $10,000. In that case, you would see a reduction in your compensation by 20% and you would, therefore, only recover $8,000.

This comparative fault rule emphasizes the importance of gathering evidence and presenting a clear account of the accident. If the other party argues that you share fault, your documentation can help counter these claims and minimize your percentage of fault.

4. Disputing Car Accident Fault With Legal Representation

Navigating Wisconsin’s comparative negligence laws can be challenging, especially if fault is in dispute. Consulting a car accident lawyer who understands Wisconsin’s laws can be invaluable. They can help gather evidence, speak with witnesses, and work with accident reconstruction experts to build a strong case for you.

An attorney can also handle communications with insurance adjusters, helping you avoid statements that could jeopardize your compensation. If negotiations don’t yield a fair settlement, your lawyer can represent you in court.

5. Seeking Compensation

If the accident wasn’t your fault or your fault percentage is minimal, you may be eligible to seek compensation for:

  • Medical expenses
  • Property damage
  • Lost wages
  • Pain and suffering
  • Other related costs

Document all accident-related expenses, including medical bills, repair receipts, and records of missed workdays. Your lawyer will use this documentation to negotiate for a settlement that fully covers your losses.

Wisconsin Statute of Limitations for Car Accidents

In Wisconsin, you typically have three years from the date of the accident to file a personal injury lawsuit. While this may seem like a long time, starting the process early increases the chances of gathering reliable evidence and securing fair compensation.

Final Thoughts

If you’re involved in an accident in Wisconsin and it wasn’t your fault, prioritize your health and safety. Then document everything you can, and consider consulting an auto accident lawyer.

Taking these steps can help you navigate the complexities of a car accident claim, allowing you to recover and move forward with the support you need.

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The Takata airbag recall has been one of the largest and most complex automotive recalls in history. The recall has included over 67 million airbags in 42 million vehicles across numerous brands. Takata’s airbags, which used an ammonium nitrate-based propellant, were found to degrade over time. This was especially the case under high humidity and temperature fluctuations.

The airbag degradation could result in an explosion during the airbag’s deployment. The airbag would then send metal shrapnel into the cabin, causing severe injuries and fatalities. As of 2024, these airbags were linked to dozens of deaths and hundreds of injuries in the U.S. alone.

A significant concern is the backlog of vehicles, especially in regions like Texas where over 700,000 vehicles with defective Takata airbags remain unrepaired. Manufacturers have been offering free repairs, even towing vehicles to service centers, to address the backlog.

The Takata Airbag Lawsuits

Takata airbag issues have resulted in extensive litigation across multiple fronts, involving personal injury, wrongful death, and economic loss claims.

To assist victims, Takata created a $125 million trust fund to cover personal injury claims and compensate individuals who suffered physical harm from the airbags. A separate $850 million fund was established to reimburse automakers for recall costs.

Automakers linked to Takata airbags faced lawsuits for economic losses. Consumers also said their vehicles lost value, in addition to related costs that accrued. In 2017, a class action settlement of over $1.5 billion was given to vehicle owners affected by these losses. This money covered costs such as towing, car rentals, and lost wages.

These settlements include agreements with automakers like Honda, which also settled a separate multistate suit for $85 million in 2020, following allegations it knowingly concealed airbag risks from regulators and the public. The settlement required Honda to adopt stronger safety measures in its future airbag designs.

What Is Product Liability?a close-up point of view, an attorney speaks with their client at a desk

Takata airbag problems fall under the broader category of product liability cases. Product liability is a legal area that holds manufacturers, distributors, or sellers accountable for placing defective or unsafe products in the marketplace. It covers harm caused by design defects, manufacturing flaws, or insufficient instructions or warnings.

Plaintiffs can seek compensation if a product causes injury. These cases typically proceed under negligence, strict liability, or breach of warranty claims. The purpose is to ensure consumer protection and encourage safer product standards.

How much will I get from the Takata airbag settlement?

Compensation from the Takata airbag settlement varies. For economic losses (medical bills, for example), the settlement offers reimbursement. For personal injury or wrongful death claims, Takata’s $125 million trust fund provides payments based on injury severity. Individual payouts can range widely, but typically increase with the extent of harm suffered.

What Now?

The National Highway Traffic Safety Administration (NHTSA) continues to monitor the recall, urging vehicle owners to check their VIN on sites like safercar.gov and to repair affected airbags promptly.

For further details, you can explore sources like Consumer Reports and NHTSA’s official site, both of which provide updates on recall completion rates and affected vehicle models.

Use our form below or call (608) 448-6242 to speak with a car accident lawyer about airbag lawsuits and recalls.

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Falls among older adults are common and can lead to severe health complications. Some elderly loved ones live alone and do not have regular visitors. Others may not openly share their struggles. Whatever the case, it’s vital that you keep an eye out for signs indicating a recent fall.

You might see physical signs after a fall, these could include bruising or obvious injuries and changes in mobility. You might also notice behavioral changes that suggest an incident, perhaps an sudden change in their mood.

Observing these signs can help ensure that your loved one receives the care they need, whether at home or in a nursing facility.

Signs Your Elderly Loved One May Have Fallen

1. Physical Injuries or Bruising

Visible signs, like unexplained bruises, scrapes, or swelling, are among the most straightforward indicators of a recent fall. Elders might try to hide these marks, especially if they’re worried about losing independence.

Look for bruising on the knees, elbows, hips, or hands—areas that might make contact with the ground during a fall. Swelling or redness can also signal an injury, even if your loved one claims to be fine.

2. Changes in Mobility

A fall can affect how an elderly person walks or moves around. You might notice your loved one walking more slowly, shuffling, or hesitating to use stairs or uneven surfaces. They may also rely on furniture for balance or seem to avoid standing or walking altogether.

3. Increased Fatigue or Discomfort

If your loved one appears unusually tired or complains of aches and pains, this could be a result of a fall. Falls often lead to sore muscles or joint stiffness, especially if they’re trying to recover without medical help.

Pay attention if they begin mentioning pain in areas commonly injured during falls, such as the lower back, hips, or shoulders.

4. Fear of Movement or Avoiding Certain Activities

After a fall, some elderly individuals develop a fear of falling again, which can lead to social withdrawal or avoiding activities they once enjoyed. If they seem reluctant to go for walks, engage in physical hobbies, or leave the house, it could stem from anxiety about getting hurt again.

This fear can show up as hesitation to get up from a chair or bed. Your love done might try to avoid situations where they feel at risk of falling.

5. Wearing the Same Clothes or Neglecting Personal Hygiene

Falls can make routine tasks, like changing clothes or bathing, difficult or painful. Your loved one may wear the same clothes for several days. They might also skip hygiene because of physical discomfort or a lack of confidence in moving around alone. This is a subtle but important sign that they might be struggling with mobility due to an injury.

6. Changes in Mood or Behavior

Physical pain or the fear of falling can take a toll on an elder’s mental state. You might notice them becoming more irritable, withdrawn, or anxious.

Depression and frustration are also common, especially if your loved one feels ashamed or is embarrassed about a fall. Keep an eye out for mood shifts that aren’t typical for them, as emotional changes can be just as telling as physical signs.

Nursing Home Abuse and Neglect: When to Suspect It

When an elder resides in a nursing home, falls should be addressed promptly by the care staff. However, neglect or abuse in these facilities can sometimes go unnoticed and contribute to fall-related injuries.

Signs that might suggest abuse or neglect include:

  • Untreated injuries
  • Bedsores
  • A lack of staff communication about falls.

Signs of inadequate care from nursing staff include:

  • Your loved one reports frequent falls
  • They seem fearful of specific staff members
  • Sudden changes in their health or demeanor

Nursing home neglect can also manifest as dehydration, malnutrition, or a generally unkempt appearance. These signs might signal that the facility isn’t meeting essential health and safety standards for nursing homes.

Addressing any suspicions with the facility’s management or considering legal options can ensure your loved one’s safety and well-being.

Wisconsin Elder Abuse Statistics

The 2022 Wisconsin Elder Abuse and Neglect Report identifies elder self-neglect, financial exploitation, and neglect by others as major concerns. Specifically, 47.5% of reports were related to self-neglect, 22.0% to financial exploitation, and 10.4% to neglect by others​.

Among other elder abuse cases the DHS reported, over half (53.5%) were substantiated, while 35.8% were unsubstantiated. Most affected elders were between ages 70-79 (36.4%), and 57% were female. Key abuser demographics indicate family members, particularly sons (14.6%) and daughters (14.5%), as common alleged abusers​.

Take Action for Their Safety

If you suspect that your loved one has fallen, a proactive approach is essential. Check in with them regularly, in person and via phone call. Ask about their physical comfort, and encourage open conversations about any fears or discomfort they may have.

Additionally, consider scheduling medical evaluations if you observe unexplained injuries or behavioral changes. Supporting their mobility and safety can improve their quality of life and help prevent future falls.

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Car accident settlements can take longer than you might expect for a variety of reasons. Many of these reasons are beyond the control of the involved parties. However, understanding why these delays occur can help set realistic expectations and reduce frustration.

Below are seven key reasons why a car accident settlement might take a long time to resolve:

1. Establishing Liability

First, there is the matter of fault. In straightforward cases, like when one driver runs a red light, liability may be clear. But in many situations, these cases can be more complicated. There may be disputes between the parties involved, conflicting witness statements, or unclear evidence.

This could lead to prolonged investigations by insurance companies or attorneys. In some cases, both drivers may share fault, requiring detailed analysis to assign the correct percentage of liability to each. The more complex or contentious the determination of liability, the longer it can take to reach a settlement.

2. Gathering Evidence and Documentation

Another reason why car accident settlements take time is the need to gather sufficient evidence and documentation. Attorneys and insurance companies will typically request a wide range of materials, including:

  • Police reports
  • Witness statements
  • Accident scene photographs
  • Medical exam documentation
  • Any available video footage

Additionally, medical records and bills are critical to proving the extent of injuries and calculating damages. However, gathering medical documentation can be a lengthy process, especially if the injured party is still receiving treatment.

3. Complicated Injuries and Medical Treatment

Serious injuries can be another reason for a lengthy settlement. If the accident involves serious injuries, such as traumatic brain injuries, spinal cord damage, or other long-term conditions, it can take months or even years for the full extent of the damage to become clear.

Doctors may need time to assess whether the injuries will result in permanent disability or require ongoing care. This can directly impact the settlement amount. If victims need complex medical treatment, the insurance company may not be willing to settle right away. First, they’ll want to fully understand the long-term costs associated with the injury.

4. Negotiation Between Parties

Once liability is determined and evidence is gathered, both parties typically begin settlement negotiations. If both parties have legal representation, this process can involve significant back-and-forth, as each side makes offers and counteroffers.

Both insurance companies and attorneys try to secure the best outcome for their sides of the personal injury claim. So, negotiations can take time, especially if the initial settlement offers are far apart.

Attorneys may recommend rejecting initial lowball offers to wait for a more favorable deal, which can extend the process. Settlement discussions can last weeks or even months if the parties are not close to agreeing on a fair amount.

5. Insurance Company Delays

Insurance companies are often key players in car accident settlements, and they may intentionally or unintentionally contribute to delays. Adjusters may spend considerable time investigating the claim, reviewing evidence, and calculating potential payouts. Some insurance companies may also use stalling tactics to pressure claimants into accepting a lower settlement offer.

Additionally, larger insurance companies may have bureaucratic processes and multiple layers of approval required before parties can settle on an agreement. This means that even after negotiations are done, there could be delays in the process. The insurance company needs time to finish the paperwork and get approvals.

6. Litigation and Court Proceedings

If the settlement process stalls and the parties cannot reach an agreement, the case may proceed to litigation. Taking a car accident case to court can add substantial time to the settlement process. The court system can be slow, and scheduling a trial date may take months.

In the meantime, both parties will engage in the discovery process. That includes gathering additional evidence, conducting depositions, and preparing legal arguments. Even if the case does not go to trial and eventually settles before the court date, the mere possibility of litigation can add time to the process. Court delays, such as scheduling conflicts or a backlog of cases, can make litigation particularly lengthy.

7. Administrative Delays

Both law firms and insurance companies rely on administrative staff to handle the paperwork, process documents, and coordinate communication. Even seemingly simple administrative tasks can cause delays in the car accident settlement process.

For example, missing documents, incorrectly filed paperwork, or delays in communication can slow things down. Administrative staff are also responsible for scheduling meetings, depositions, and court dates. Coordinating those details can be challenging between multiple parties.

Furthermore, once parties agree on a settlement, the administrative task of processing the settlement payment can also add time. If someone needs to issue checks or transfer funds, even a small administrative error can delay the final payout.

Learn More With a Call or Email

Car accident settlements can take time due to a wide range of factors. Establishing liability, gathering evidence, and addressing complex injuries all add to the timeline. Prolonged negotiations, delays by insurance companies, and the possibility of litigation can further slow down the process. Administrative tasks, which may seem routine, can also contribute to delays when handled inefficiently.

While it can be frustrating to wait for a settlement, these steps are essential to ensure that the final agreement accurately reflects the damages and liabilities involved. Patience and thoroughness are key to achieving a fair and just settlement in the long run.

If you’re looking to file a personal injury claim, you can contact our car accident lawyers by using the form below or calling us at (608) 448-6242.

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Wrongful death lawsuits must meet a burden of proof based on a “preponderance of the evidence.” The plaintiff must show that the defendant’s negligent or wrongful actions were the proximate cause of death. In other words, the evidence must show it’s more likely than not that the other party’s actions caused the death.

Breaking Down Wrongful Death in Wisconsin

Per Wisconsin law (Statute 895.03) a wrongful death is when someone dies because of another person’s mistake or carelessness. This includes cases when the accident was avoidable.

If the deceased person had survived, they would have been able to sue for their injuries. But, since they passed away, the law allows other parties to sue on their behalf. That includes their surviving spouse, child, or parent. It can also include a representative of the deceased person’s estate.

The family or estate can sue for various things like:

  • Medical costs
  • Funeral expenses
  • Lost wages
  • Emotional pain

While Wisconsin Statute 895.03 itself doesn’t give specific details about what kind of proof is needed, Wisconsin courts use this standard in most civil cases.

Types of Evidence in a Wrongful Death Case

In a wrongful death case, several types of evidence are crucial for establishing liability and demonstrating damages. Key evidence includes:

  1. Medical Records: Documentation of the deceased’s medical history, treatment, and cause of death, including autopsy reports.
  2. Witness Testimonies: Statements from individuals who witnessed the incident or have relevant information.
  3. Accident Reports: Official reports detailing the circumstances of the incident.
  4. Photographs and Videos: Visual evidence of the accident scene and injuries, including surveillance footage.
  5. Expert Testimony: Opinions from professionals who can establish liability or assess the impact of the death.
  6. Financial Records: Documentation of the deceased’s income and the financial impact on family members.
  7. Death Certificate: An official document confirming the identity, date, and cause of death.

Collecting these types of evidence is essential for building a strong case for compensation in a wrongful death lawsuit.

Common Causes of Wrongful Death

Common causes of wrongful death include a variety of scenarios where someone’s negligent or reckless actions lead to another person’s death. Here are some frequently encountered causes:

  1. Car Accidents: Fatalities can occur due to car collisions caused by distracted driving, speeding, or driving under the influence of alcohol or drugs.
  2. Trucking Accidents: Truck accidents can also cause wrongful deaths. Drivers may fall victim to fatigue or dismiss the rules of the road, causing an accident.
  3. Motorcycle Accidents: Motorcyclists are often more vulnerable to severe injuries from collisions, especially when struck by negligent drivers.
  4. Premises Accidents: Fatal injuries can occur in unsafe working or commercial environments, often due to inadequate safety protocols or equipment failures.
  5. Product Liability: Defective products can also cause deaths. This includes drugs, cars, and everyday items that do not meet safety standards.

Understanding these common causes can help identify potential wrongful death cases and provide a basis for legal claims.

Settlement Amounts in a Wrongful Death Case

Compensation varies significantly in these cases. Insurance policies, for example, will affect the overall limit of a loved one’s payout. Other factors influencing wrongful death claims compensation include:

  • The type of wrongful death case
  • The amount of parties involved
  • The extent of the losses
  • The extent of suffering
  • Wages made while living
  • Expected wages and other forms of income

In wrongful death cases, lawyers make a point to ensure insurance companies consider future losses. In other words, if a family relied on the deceased person’s salary, that could impact the overall compensation amount.

Wisconsin Wrongful Death Lawyers

No level of compensation can make up for the loss of a loved one. But a settlement can help provide a sense of justice for the confused and emotionally distraught. It can also help ease everyday work-related stresses and provide loved ones the time to grieve.

Our law firm provides personal injury and wrongful death help to Wisconsin residents statewide. Connect with our office to request a free case evaluation.

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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.

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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.