Civil law determines the outcome of a personal injury claim. The purpose of such a claim is to provide compensation to victims after they endured harm from accidents that were not their fault. Personal injury can come as a result of physical damages or social damages such as defamation of character. In these claims, the plaintiff is the legal term for the individual who was injured. When a wrongful death occurs the plaintiff is a representative of the deceased victim. Victims of personal injury see their highest amounts of compensation when they use personal injury lawyers to represent them. Alexander J. Smith Law Offices are the Janesville personal injury lawyers who fight on behalf of victims
Personal Injury Statutes in Wisconsin
Wisconsin has a statute of limitations to file a personal injury claim which is why you should consult with a personal injury lawyer after you’ve been injured in an accident that wasn’t your fault immediately. Sometimes it takes a long while to see a settlement so meeting a legal professional will ensure you don’t miss the cutoff and help you be sure you get a fair settlement when it comes to the compensation you deserve. If you try to file after the statute has passed you risk losing access to any compensation for your losses. A legal professional knows the statute and will see to it that you aren’t on the hook for your damages.
In Wisconsin, we follow a comparative negligence system. This doctrine dictates that a claim can only be dismissed if the party filing is equal to or greater than the combined fault of all others involved in the accident. If you are not at fault at all you can receive the full amount of compensatory monies. If you have some fault that is less than that of the others involved you would obtain an amount that is reduced by the percentage you were deemed at fault. Remember, you only have 3 years in our state to file and the clock starts ticking the day of the accident.
Most personal injury cases don’t go to trial and are dealt with out of court for a variety of reasons. When there is a clear violation or responsibility for an accident by one party it can be better to settle without taking the risk of a jury making the liable party pay more. Most people, including liable parties, want to see the process over quickly. Court trials take time. There is also the additional expenses that come with a trial that both parties don’t want to pay. For those that do go to court, a jury will decide who is liable including partial liability and for what amount.
After an accident that was not your fault, proof to validate your claim is vitally important. Proof comes by way of:
- Taking pictures of everything from the damages, the environment, and visual documentation of injuries if available
- Police reports
- Medical documentation of injuries
- Witness testimony
- Lost wages documentation
It is up to the victim to prove they were not at fault as much as possible for a successful personal injury claim. The more you have to offer the better for your claim’s outcome and your settlement amount. You want to show that the other party acted negligently.
You can receive economic and non- economic compensation. The actual damages seen are economic. These include medical expenses and anything out-of-pocket relating to the accident. Non-economic damages tend to be a bit harder to prove. They are things like pain and suffering which are difficult to assign value because there are no receipts for the damages.
Obtaining Legal Representation In Janesville, Wisconsin
The Beloit personal injury lawyers at Alexander J. Smith Law Offices are here to help you with your personal injury claim. Call us today to set up a free consultation at (608) 237-7035 for residents of Wisconsin or (815) 2439686 for residents of Illinois. One of our highly knowledgeable Wisconsin and Illinois personal injury attorneys will provide you with the help you need for your claim.