If you’ve been hurt in an accident in Madison, Wisconsin, you likely have questions about your rights, what comes next, and how to protect your interests. Personal injury cases can seem overwhelming, but learning the basics can help you confidently approach the process.
Below are answers to some of the most frequently asked questions (FAQs) about Wisconsin personal injury law.
A personal injury case arises when someone gets injured because another party was negligent (careless) or acted intentionally in a harmful way. The goal of these claims is to help the injured person recover money for expenses and impacts stemming from the accident. Examples include:
Proving your case usually involves showing that the other party owed you a duty of care, breached that duty, and caused your injuries as a result.
If you suspect another party is at fault for your accident, the first step is to report the incident to the relevant authority. For example, call the police after a car crash or notify a property owner if you were hurt in their store. Seeking medical attention quickly is also crucial for documenting your injuries.
Next, gather any available evidence—photos of the accident scene, witness names, or relevant records—and contact the at-fault party’s insurance company to begin a claim. Many people opt to hire an attorney to handle these steps, as insurers often try to minimize payouts. A lawyer can ensure your rights remain protected throughout negotiations.
Under Wisconsin law, most personal injury lawsuits have a three-year statute of limitations from the date of the injury. If you don’t file your lawsuit by then, you may lose your right to pursue compensation.
Keep in mind the following:
Regardless, it’s best to speak with an attorney as soon as possible to avoid missing the deadline.
Wisconsin personal injury victims can generally pursue compensatory damages, split into two categories: economic and non-economic.
Economic damages include things like:
Examples of non-economic damages include:
In rare scenarios involving extreme misconduct, courts may also award punitive damages to punish the defendant. However, these are far less common than economic and non-economic damages.
Wisconsin follows a modified comparative negligence rule. That means:
For example, if a jury finds you to be 10% responsible for a car crash and your total damages are $500,000, you’d receive $450,000. But if your fault was 51% or more, you would get nothing.
Because fault drastically affects your claim, having legal counsel to gather evidence and argue your side can be crucial.
In Wisconsin, you’re free to hire a lawyer at any point in the claims process. Most personal injury attorneys work on a contingency fee basis, which means:
Consulting an attorney early on can help you avoid costly mistakes, like giving recorded statements to insurers or missing legal deadlines.
If you’ve been injured in Madison, you likely have questions about your rights and next steps. From filing deadlines to negotiating with insurers, every decision counts. An experienced Madison personal injury lawyer at Eisenberg Law Offices, S.C. can advocate for your best interests, review your case’s strengths, and guide you toward a fair settlement or, if necessary, trial.
Don’t gamble with your financial recovery. Call us today at (608) 256-8356 for a free consultation and learn how an attorney can help secure the compensation you need for medical bills, lost income, and the emotional toll of your accident.
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