5 Questions To Ask Yourself Before Filing A Wisconsin Personal Injury Lawsuit

Television and the media make it look like filing a personal injury lawsuit is easy, but if you don’t have the necessary knowledge, the process can be fraught with complications. In some cases, you may go through the effort to file a lawsuit and have your case dismissed before it ever gets a hearing! Before you head down the path of filing a Wisconsin personal injury lawsuit, we want to share five pieces of advice.

Must-Ask Questions

5. What are the pros and cons of filing this lawsuit? There must be some advantage to filing a lawsuit, otherwise you wouldn’t be considering it, but don’t let the advantages that you envision prevent you from considering the disadvantages as well. Lawsuits can be emotionally taxing, time-consuming, and frustrating, for you and your family. Before filing, look into alternative solutions to litigation like mediation or claim settlement. Filing a lawsuit should be a last resort, not a first choice.

4. How is the defendant likely to respond? Take into account how the other party will respond to being on the receiving end of a lawsuit. They’re very unlikely to be happy about it, and some may decide to countersue you. The point is, litigation is complicated and seeing a lawsuit through to the end is a complex process. It’s very easy to see yourself as correct, but there’s no telling how the defendant will respond during the course of a Wisconsin personal injury lawsuit and you need to be prepared for that.

3. Am I prepared for this lawsuit? Before filing, make sure you are prepared. Acknowledge that this process could take months or even years to come to a resolution. That will place a huge burden on you, your family, and perhaps even your work and social lives, impacting even friends and colleagues. There will be an emotional toll and a financial toll during the lawsuit. Even if you hope to see a financial award at the end of the process, there is no guarantee of that and certainly no financial award in the meantime. Discuss the situation and the realities with your family and decide whether or not it is something you are all prepared to face.

2. Am I Likely to Win? Many people go into a lawsuit thinking the negligence is obvious and they are certain to win the lawsuit without any trouble. We’re sorry to say that is very often NOT the case. You need to look at the facts of your case objectively and determine if you have enough evidence to support your claims. Frivolous lawsuits won’t get very far, but well laid out lawsuits that have plenty of supporting evidence to prove your claim can be used to build a strong case. Remember, the plaintiff (the one who files the lawsuit) has the burden of proof in a Wisconsin personal injury lawsuit. That means that it is up to you to provide cold, hard facts that provide the case.

1. Do I need to hire an attorney? The short answer is yes. Anytime you are considering a personal injury lawsuit, you should hire an attorney. Personal injury lawyers have a deep and thorough understanding of the law and have the experience needed to see your case through. Any attorney you hire will have your best interests in mind and will work to resolve the case for the best possible outcome. That outcome may not be what you originally envisioned but it will be realistic and the best outcome possible based on the facts of the case.

Consult Eisenberg Law Offices In Madison About Your Wisconsin Personal Injury Lawsuit

The best way to decide if it is appropriate to file a personal injury lawsuit is to arrange a free consultation with one of the personal injury attorneys at Eisenberg Law Offices in Madison. During this no obligation consultation, we will examine the facts of your case, suggest evidence that is lacking and could be useful, and give you our advice on whether or not you are likely to win your case as well as how long it may take.

Learn more about filing a personal injury lawsuit in Wisconsin by contacting us at 608-200-4336 or Info@eisenberglaw.org.