Wisconsin Law and Your Brain Injury Claim
Typically, a lawsuit must be filed within three years from the date of the injury, and this time period generally applies to brain injury claims under Wisconsin law. However, there are important exceptions and nuances that can affect the applicable deadline
The discovery rule may extend this deadline if you don’t immediately realize you suffered a brain injury. Wisconsin courts recognize that some brain injuries aren’t apparent until symptoms develop later. For example, if you experienced what seemed like a minor bump to the head but later developed serious cognitive problems, the three-year clock might start when doctors diagnosed the brain injury, not when the accident occurred.
Special Protections for Brain Injury Victims
Wisconsin Statute § 893.16 recognizes that some brain injury victims may be legally incapacitated at the time of their injury and, in limited situations, may receive additional time to file a claim. Because these rules are narrowly defined and depend on the specific facts of each case, it’s especially important to speak with an attorney as early as possible.
Compensation Available for Brain Injury Victims
Medical expenses form the foundation of most brain injury claims. This includes emergency room treatment, hospitalization, surgery, medications, rehabilitation therapy, and ongoing care. Brain injuries often require years of treatment, so your compensation should cover both current and future medical needs.
Lost wages compensate you for income you couldn’t earn while recovering. If your brain injury prevents you from returning to your previous job or limits your earning capacity, you can recover compensation for reduced future earnings.
Pain and suffering damages address the physical pain, emotional distress, and reduced quality of life brain injuries cause. These injuries often affect your relationships, independence, and ability to enjoy activities you once loved.
How Our Fitchburg Brain Injury Lawyers Help
Our comprehensive legal approach addresses every aspect of your brain injury claim. From the initial investigation through settlement negotiations or trial, we fight to protect your rights and maximize your compensation.
Investigation and Evidence Gathering
Investigation begins immediately after we take your case. We gather police reports, medical records, witness statements, and accident scene evidence. For complex cases, we consult accident reconstruction experts to determine how the incident occurred and who bears responsibility.
Medical Documentation and Expert Testimony
Medical documentation proves both the existence and severity of your brain injury. We work with neurologists, neuropsychologists, and other specialists who can testify about your diagnosis, treatment needs, and prognosis. This expert testimony helps insurance companies and juries understand the full impact of your injuries.
Negotiation and Trial Preparation
Negotiation with insurance companies requires knowing their tactics and standing firm on fair compensation. Insurance adjusters often minimize brain injury claims, arguing that symptoms are exaggerated or pre-existing. We counter these arguments with solid medical evidence and legal expertise.
Why Choose Pemberton Personal Injury
Attorney William Pemberton founded our firm with a clear mission: to protect the injured against corporate greed. After working at an insurance defense firm and witnessing how insurers minimize legitimate claims, he switched sides to advocate for injury victims. This insider knowledge helps us anticipate defense tactics and build stronger cases.
Our team includes attorneys who bring diverse experience to every case. Each attorney focuses exclusively on personal injury law, giving you the concentrated expertise your case demands.
Key benefits of working with our firm include the following:
- Over 50+ years of combined trial experience representing Wisconsin injury victims
- In-depth knowledge of insurance company tactics from former defense work
- Free case evaluations with no upfront costs or attorney fees unless we win
- Personalized attention focused exclusively on personal injury law
- Convenient office locations in Madison, Baraboo, and Eau Claire
These advantages ensure you receive the dedicated representation your brain injury case demands. Our commitment to fighting for the injured drives everything we do, from the first consultation through the final resolution of your case.
Contact Pemberton Personal Injury Today for Help With Your Brain Injury Claim
Brain injuries affect every aspect of your life, and you shouldn’t face the recovery process alone. Let our experienced team handle the legal complexities while you focus on healing. Our Fitchburg brain injury lawyers serve clients throughout Dane County from our nearby Madison office.Â
Time matters in brain injury cases. Evidence disappears, witnesses forget details, and the statute of limitations continues running. Contact Pemberton Personal Injury today for a free case evaluation.
