Madison Personal Injury Lawyers
Madison Personal injury attorneys are maybe best known for protecting and representing their clients after an automobile accident. Their guidance doesn’t stop there, however. They can also assist clients with slip and fall cases, dangerous drugs, faulty medical devices and wrongful deaths.
It can be a trying time if you have been a victim of personal injury. Having a professional on your side to be your advocate can provide peace of mind and the innovative tools that you need to move on to the next chapter of your life.
What are Common Personal Injury Cases in Madison?
There are several reasons why one would have a personal injury claim. Some of the most common are car accidents (as well as bikes, boats, motorcycles, and trucks), injuries resulting from assault and battery, injuries sustained while on personal or commercial property from falling objects, slips or falls, and more. Hit and run cases can lead to personal injury, trespassers on private property, injuries resulting from defective products, and more.
Each of these incidents can represent a unique set of circumstances, evidence, and resolution. Navigating this process alone can be difficult, but you don’t have to take on the task without professional assistance.
What Are Some Important Skills that Personal Injury Attorneys Possess?
It is not common for most of us to negotiate on a daily basis. Not having this experience can be a detriment to us regarding an accident. Chances are, you will need to negotiate with insurance companies regarding the facts surrounding the case and any settlement you feel is owed. Attorneys are well-versed in this area and have years of experience in doing so. They can negotiate on your behalf without you having to wait on hold and understand the specific terms/laws regarding your case or what is an acceptable amount of damages based on the details of your case.
If the insurance companies refuse to comply with a fair settlement, your attorney can prepare a complaint against them to obtain reasonable compensation for you.
Personal injury attorneys can also represent you at trial and prepare you for trial by conducting witness interviews, bringing in specialists to recreate the accident scene if necessary, determining the negligence of the other parties involved, and gathering other evidence supporting your case.
What Types of Damages are Available in Wisconsin?
There are two common forms of damages that Wisconsin recognizes. The first is “special damages,” which are also called economic damages. This group refers to damages such as lost wages, medical expenses, the costs to fix the damaged asset (car, bike, etc.), and more.
General damages consist of emotional pain and suffering resulting from the incident, loss of enjoyment in activities the victim once enjoyed before injuries were sustained, and more.
Punitive damages are a third but less common category of damages that can be pursued. Punitive damages are designed to penalize the offender for inhibiting the offender from committing the same acts in the future to someone else. If gross negligence can be proven, it can mean the victim is a good candidate for punitive damages.
What is Considered a Catastrophic Injury?
A catastrophic injury can inhibit a person from gainful employment, resulting from long-term or permanent disability. There can be ongoing medical expenses for the victim for an extended period of time or maybe for the rest of their lives. Catastrophic injuries also affect the victim’s family physically and emotionally, as they often require consistent care and supervision.
Catastrophic injuries can include accidental amputations, traumatic brain injury due to concussion, skull fractures or other, back, neck, and shoulder injuries, spinal cord injuries, internal injuries such as damage to the heart, lungs, liver, or spleen, severe burns, or road rash, neurological disorders, eye injuries, and more.
What are Common Causes for Catastrophic Injuries?
Many accidents can lead to catastrophic injuries for our loved ones or us. Some of the most common are car, motorcycle, or truck accidents, but there are several other ways that most don’t often consider. Medical malpractice, for example, can lead to catastrophic injury due to the negligence of the medical staff. Defective products can also lead to damage due to the negligence of the manufacturer of the product. Slips, trips and falls, dog bites, pedestrian accidents, and more are common contributors to catastrophic injury.
What Types of Compensation are Available?
Both economic and non-economic damages can occur in catastrophic injury cases. For most, this can mean unexpected bills for the rest of their life.
Economic damages involve past and present medical bills for injuries incurred in the accident. Past lost wages while you could not work to tend to your wounds. Future lost wages due to the catastrophic injury you have sustained. Funeral or burial expenses that loved ones have incurred after the death of a loved one. Replacement costs associated with repairing or replacing the damaged property, such as the vehicle or personal property, are also economic damages.
Non-economic damages consist of pain and suffering, emotional distress, loss of quality of life, and loss of use of a body part such as a foot or an arm. Loss of use of bodily function, such as the loss of eyesight or ability to walk. Extreme scarring or disfigurement due to road rash or burns. The loss of ability to perform everyday chores such as mowing the lawn, getting groceries, and essential self-care, and the cost of having to hire someone to complete these tasks for you or assist you in doing so. Loss of consortium if you can no longer have a physical relationship with your spouse. Wrongful death is also in this category; loved ones may be eligible for compensation due to the loss of their loved ones.
Who is Liable?
In catastrophic injury cases, there is likely more than one responsible party for the injuries. For example, if you were injured in an accident, there may be more than one other car involved in the crash. If you sustained severe injuries in a truck accident, the liable parties might be the driver of the truck and the company they work for. The manufacturer and the seller may be liable if a defective product is involved. The property owner, insurance companies, landlords, and more may be liable if you have suffered injuries due to falling on personal or commercial property.
Frequently Asked Questions
Q: What is a statute of limitations on personal injury cases in Wisconsin?
A: Typically, a client will have three years from the date of the incident to file for a personal injury case. However, this is not always the case and you should speak to a personal injury attorney as soon as possible so you do not risk missing the statute of limitations. It can be imperative for you to learn about your options shortly after the incident occurs so you are set up for success and can attempt to obtain compensation for the damages.
Q: When should I contact an attorney?
A: Some individuals choose to wait to consult an attorney, either due to feeling like it is a hassle or hesitation due to the costs involved. It can be very beneficial to you to consult an attorney immediately following the incident. This can provide you with professional guidance regarding the following steps, timelines, what to expect from other parties or insurance companies, and more. Being proactive in personal injury cases can help you in the long run and be invaluable to you and your family.
Q: Can I handle my case on my own?
A: There are several individuals out there who may choose to pursue their cases without legal professional representation. It can be done, and we aren’t saying that you aren’t legally able to do that. It can present issues, however, if you aren’t familiar with the legal system. The insurance company is typically looking to take advantage of you and pay you as little as possible. Insurance companies make money by not paying out and they have a lot of experience and training on how to minimize what they pay you.For instance, you unintentionally leave out important fact that could create dramatic shifts in the compensation that you are eligible for and more. Working with an experienced attorney can provide a perspective you may have not yet thought of and the necessary guidance to navigate the legal system and how it can affect your family now and in the future.
Q: What is establishing negligence?
A: Most cases that personal injury attorneys handle involve establishing negligence by the other parties involved in the incident. Without it, there is little to no hope of creating a case that benefits our clients. If the other party was negligent or intentionally harmed our client, we can likely obtain compensation for damages if it can be proven. This can be established through investigations into the other party’s actions to determine their choices leading up to and during the incident. If it can be shown that they ignored their duty to our client or intentionally caused injury, our client likely has a case.
Q: What is Comparative Fault in Wisconsin?
A: Some clients are under the impression that they cannot pursue compensation if they shared fault in the incident that led to their injury or situation. This is not the case unless they are found to be 50% or more at fault for the incident. Courts will determine what percentage of fault each party in the case is responsible for and determine damages based on that percentage. For example, if you are found to be at 20% fault for the accident, you can still generally obtain compensation, but at 20% less than the total damages awarded.
Why Hire an Attorney?
Being a personal injury victim can bring forth intense emotions and pain. Not only does the victim need to get their life back to what it was before the incident, but they are likely experiencing significant financial and emotional hardship. If hospitalized, it is nearly impossible to begin handling your own case. Hiring a personal injury attorney from Wisconsin can mean getting started on your case while you are healing. Suppose you don’t require hospitalization. In that case, it can still be appealing to have a professional advocate to help you understand the process, gather the evidence needed to establish a convincing case, and fight for what you deserve.
Contact our Wisconsin office at (608) 448-6242 to speak with one of our experienced personal injury attorneys. We will create a plan together to help you protect your rights and get you back to your life as efficiently as possible.
Pemberton Personal Injury Law Firm
5609 Medical Cir #4
Madison, WI 53719