If you’ve been injured due to someone else’s negligence, you might consider seeking compensation for your losses. The process may seem overwhelming, but knowing more about the typical steps in a personal injury case will be helpful.
The timeline for a personal injury lawsuit can vary. It often depends on the case’s complexity, its jurisdiction, and the willingness of each party to settle. In many cases, the following timeline generally applies:
You may be shaken up in the immediate aftermath of an accident, but it is important to stop and collect your thoughts. If appropriate, call the police.
If you can do so, take a few minutes to collect evidence—take pictures, gather witness contact information, and note relevant details about the scene of the injury or accident (e.g., traffic cameras, weather conditions, conditions on the property, etc.).
Even if you do not think you’re injured, you should still see a medical professional as soon as possible. Injuries may not be immediately noticeable due to adrenaline and shock. You might also have an injury that you cannot see or feel at first.
When you see a medical provider, clearly and completely describe all your injuries and symptoms.
Generally, you should also take the following actions related to your injuries:
Taking the steps above can be helpful if you decide to pursue a personal injury claim.
When you meet with an attorney, they can assess the strength of your case and talk to you about your options. Most Wisconsin personal injury attorneys work on a contingency fee basis, so you will not need to pay any money upfront. Instead, the attorney receives a percentage of the compensation you recover if they settle or win the lawsuit on your behalf.
Your lawyer will start investigating your claim. They may interview you about the accident and your background. They will also begin to collect all of your medical records (including treatment plans and prescriptions) and bills related to the injury.
Insurance companies might attempt to claim that your injuries are pre-existing or degenerative. To combat this defense, your attorney must have a thorough and complete understanding of your medical history.
A personal injury case might often be settled before it goes to court. First, a claim may be filed with the at-fault party’s insurance company.
If an insurance company isn’t involved, your attorney will send a demand letter to the at-fault party. The letter explains your theory of liability (i.e., who is at fault and why), describes your injuries, and states the amount you want in compensation.
Your attorney will let you know when a settlement offer is made and provide their view on whether it is reasonable. They may suggest making a counteroffer. Ultimately, however, you make the final call based on your attorney’s advice.
If a settlement with the insurance company cannot be reached, it may be time to file a lawsuit. Under Wisconsin law, a personal injury lawsuit typically must be filed within three years of the injury or accident.
The process starts with filing a complaint in the circuit court in the county where the accident occurred. Your attorney will also request that the clerk of court issue a summons. The responsible party (the defendant) is then served with the summons, complaint, and any corresponding discovery.
Filing the lawsuit begins your personal injury claim’s “litigation” phase. The Wisconsin Rules of Civil Procedure set the deadlines each party usually must abide by during the litigation process. However, these deadlines are not set in stone, as either party can request more time.
Discovery is the process where each party examines the legal claims and defenses of the other. A request for production gives you access to tangible documents, such as medical records. Either party can also request admissions, which asks the other party to admit to specific facts related to the accident, like the date or location.
During discovery, each side may also take depositions. During a deposition, you provide sworn testimony in front of a court reporter. This process can be stressful for some people, but your attorney will prepare you for what to expect. Witnesses and experts hired by either side, such as accident reconstructionists, can also be deposed.
As discovery nears completion, the lawyers from both sides typically attempt to agree on a settlement again. This process, known as an alternative dispute resolution, generally takes one of two forms: mediation or arbitration.
In mediation, clients and their lawyers meet with a mediator agreed upon by both parties. The mediator is a neutral third party with no interest in the case’s outcome.
They do not decide who is responsible or how much compensation is owed. Instead, they guide the parties to a settlement they can all accept. The mediator facilitates negotiations between the parties until a settlement is reached or they conclude it isn’t possible.
During arbitration, a neutral third party hears the case between the plaintiff and the defendant and decides the outcome. While mediation is not binding, the arbitrator’s decision is final.
The case will go to trial if a settlement cannot be reached using all the above options.
A typical trial has several key steps:
Personal injury trials can vary in length from hours to months.
If you have been injured due to someone’s negligence, you may be entitled to compensation. Pursuing a personal injury claim can seem long and complex, but with Eisenberg Law Offices, S.C. at your side, you will know what is happening at every step. Call us today at (608) 256-8356 to schedule a free consultation.
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