Do I Have a Wisconsin Personal Injury Case?
Personal injury cases result from accidents or incidents where one person, party, or individual is injured or harmed by the actions of another person, party, or individual. Personal injury law allows the injured party, the plaintiff, to file a lawsuit against the other party, the defendant, in order to obtain compensation for the injuries and harm they have sustained. Victims use this compensation to help pay for medical costs, lost wages, and other losses suffered due to the injury.
Many Wisconsin residents think that the simple fact that they were injured by someone or something means they have a personal injury case. Unfortunately, it is a little more complicated than that. Simply sustaining injuries is not enough to ensure you will win the case if you decide to bring it to a Wisconsin court.
Proving Negligence in Wisconsin Personal Injury Cases
The success of any personal injury case hinges on proving negligence by the other party. Negligence is defined as failing to exercise the duty of care that a reasonable person would exercise in similar circumstances. That negligence may stem from reckless or inattentive actions or inactions that resulted in your injury or harm.
To prove that this negligence led to your injury you will need to demonstrate that:
- the defendant owed you, the plaintiff, a duty of care.
- the defendant breached (did not provide) that duty of care.
- it was due to this breach that you were injured.
If you think your situation meets these criteria, contact a personal injury attorney to discuss your case. Your attorney can help you navigate the claims process, represent you to the court, and negotiate a settlement that is fair and adequate.
In-Court and Out-of-Court Settlements
There are two ways that the two parties can arrive at a personal injury settlement: in-court or out-of-court.
In-court resolutions go before a judge and jury. They tend to happen when a settlement cannot be negotiated between the parties. Because of the time spent in negotiation and then the time spent preparing for court, court cases take longer to resolve than out-of-court settlements and are usually more expensive. If you choose to go to court, you will want to hire an attorney who has experience in litigation and negotiation.
It is not unusual for cases to be settled out of court. In fact, the vast majority of personal injury cases are settled without going to court. These settlements are basically agreements between the plaintiff and defendant as to the best way to resolve a dispute. The agreements may be negotiated between the two parties’ attorneys or through third-party mediation.
Why Should I Settle?
A personal injury settlement provides many benefits over a court case.
- Settlements are confidential. Jury trials are not and become part of the public record.
- Since trials are public, they can cause reputational damage, even if the facts end up proving otherwise.
- Jury trials are not a guarantee and can be unpredictable. With a settlement, you know the outcome to which you are agreeing.
- Defendants often benefit from settlements because they do not require an admission of guilt.
Do You Have A Case? Contact Eisenberg Law Offices To Find Out
It is difficult to say with certainty whether or not you have a winnable case without speaking with a personal injury attorney. The attorneys at Eisenberg Law Offices have years of experience in the Wisconsin court system and the field of personal injury law. The best way to determine if you have a case and what the outcome of your case may be is to arrange a free consultation with one of our attorneys by calling 608-256-8356 or emailing info@eisenberglaw.org.