From one state to the next, personal injury laws vary. In Wisconsin, state statutes and laws determine how long you have to file a claim, what kinds of damages you can claim, and the amount of compensation you can expect to receive in a successful lawsuit. State laws also dictate the manner in which fault must be established in order for damages to be awarded.
As the state legal system is that under which Wisconsin personal injury claims are handled, you’ll need the assistance of a personal injury lawyer familiar with working inside the state civil court and litigation arena. He or she will be best suited to advise you on the specifics of your claim and to handle the argument of negligence and liability in your lawsuit.
Wisconsin is a “Comparable Fault State”
Every state requires fault to be established, or responsibility to be determined, before compensation can be paid in a personal injury lawsuit. Provided you are no more than 50 percent responsible for your own injuries, you could potentially be awarded damages in your claim; however, in order to see compensation awarded, negligence or fault must be established for each party in your claim, including you and those you name in your lawsuit.
If you are partially at fault for your own injuries, the compensation awarded in a successful claim will be reduced according to your degree of fault or responsibility. In other words, if you’re 30 percent responsible, then you can only expect to receive 70 percent of the damages possible in a case like yours, if your claim is successful.
Potential Damages for Personal Injury in Wisconsin
Your Wisconsin personal injury lawsuit can include a claim for damages that are financially based as well as those that are more abstract, like pain and suffering, but are no less important. The specific circumstance of your personal injury will determine which damages you should seek and a Wisconsin personal injury attorney can help you decide which damages to include in your claim.
Potential damages you can seek in a Wisconsin personal injury claim may include financial losses or expenses that result from your injuries. These can include medical expenses, lost wages, property damage expenses, and loss of future earnings ability, if your injuries prevent you from returning to your former position of employment. Additionally, the cost of household help or skilled care can also be included in the damages you seek, as can compensation for pain and suffering, for which the court and your attorney will try to establish a fair payout or settlement amount.
Statute of Limitations for Personal Injury Claims in Wisconsin
To be awarded compensation in your Wisconsin personal injury case, you’ll need to seek legal assistance as soon as you realize you’ve been injured. In most cases, injuries are obvious from the start; however, there are some instances in which the presentation of injuries can be delayed, like in toxic exposure or poisoning cases, for example. In claims like these, you’ll need the help of a personal injury attorney who can get your case heard despite the delay in filing.
Every state has a time limit for filing personal injury claims. In Wisconsin, there are two different statutes of limitation which may apply, dependent upon the basis for your claim. With libel and slander cases, you have two years to file your lawsuit, while with all other personal injury claims, the statute of limitations is three years.
As the statute time clock begins counting as soon as you realize you’ve suffered harm, cases in which injury presentation is delayed may at first appear to have surpassed the statute of limitations; however, a personal injury lawyer familiar with handling exceptions can potentially get your case heard in court regardless.