The Process of Filing a Personal Injury Claim in Wisconsin
If you or your loved one has been involved in an accident, it will be important that you move with speed to file a claim for compensation for the injuries and damages suffered. In this article, we present you with basic yet crucial information that can help guide you through the process of filing a personal injury claim in Wisconsin. Here we answer important questions concerning what you need to know when contemplating a move to file a personal injury case in Wisconsin.
Can Anyone File a Personal Injury Lawsuit?
The simple answer to this question is a no. You can only file this type of lawsuit if you have been wrongly injured by the negligent acts of another. So, if you have been in an accident and it is found that you contributed more than 50% to its occurrence, you will not be entitled to compensation.
Requirements for a Personal Injury Claim to Hold
When it comes to handling personal injury cases, the burden of proof is normally placed on the plaintiff (the person injured) who must prove that the defendant was at fault. Compensation for this type of a claim is usually paid by the defendant’s insurance company.
Collecting compensation for injuries suffered from an accident is never automatic. For you to qualify for compensation, your claim must:
- Prove that the at-fault person owed you a duty of care. For example, every road user must use the road with due regard for other road users, and his or her actions or inactions should not be designed to inconvenience or harm another road user.
- Prove that the at-fault person breached the duty of care and was negligent. For example, when a driver causes an accident due to speeding, it can be proved that she or he breached the duty which required that she or he drives within the speed limits and this can be treated as the driver had been negligent.
- Prove that the negligence by the at-fault person resulted in injuries that caused you harm. You can prove this by showing that you incurred bodily injuries, suffered lost wages, or your car was written off.
Because you will be filing your personal injury lawsuit in Wisconsin, it is important for you to understand what the law says about your lawsuit.
Wisconsin Tort Law
In the state of Wisconsin, personal injury lawsuits fall under the purview of the dictates of Wisconsin Tort Law. A tort is defined as civil acts done by one person which negligently hurt another so that it entitles the injured party the right to recover damages.
Application of the Tort Law to Personal Injury Cases
The Wisconsin Tort law:
- Imposes a time limit within which you can bring a personal injury claim against the at-fault person.
- Allows for those involved in an accident to share the blame.
Bearing in mind that the Wisconsin Tort law can adversely affect your personal injury lawsuit, it is highly advised that you hire a qualified personal injury lawyer who understands the Wisconsin Tort Law. At Cannon & Dunphy, we have the skills and experience in handling personal injury lawsuits within the context of Wisconsin Tort Law.