Get Help Now
From helping you after a dog attack or truck accident in Wisconsin to defending your rights as a rider, the personal injury trial attorneys at Hupy & Abraham will be fierce advocates in your time of need.
With offices across Wisconsin, Illinois, and Iowa, and representing clients hurt by slip and fall incidents, car accidents, wrongful deaths, drug and medical device injuries, dog bites, nursing home abuse and motorcycle crashes, we are available where you need us and when you need us.
Contact our professional team of Midwest injury attorneys by calling 800-800-5678 today for your free consultation.
- Page 7
How will I be compensated for my physical pain and emotional suffering if I’m hurt in an accident?
The answer to your question depends on the actions that you take and the pain and suffering that you’ve endured. Even if you’ve suffered intense physical pain and significant emotional suffering, you will only be able to recover damages for these injuries if you pursue a legal recovery.
This means negotiating with the defendant’s insurance company and going to court, but you don’t have to do it alone. Instead, you have the right to work with an experienced personal injury lawyer who can make sure that your right to all potential damages is protected and who can save you the stress of having to handle the case on your own.
What’s Included in Pain and Suffering Damages?
You can’t submit a bill or a pay stub to prove the value of your physical pain or emotional damages. For this reason, pain and suffering damages are sometimes referred to as non-economic damages. Non-economic damages, such as pain and suffering, can be valued by looking at:
- The extent of the injury.
- How the injury impacts the person’s ability to go about his daily activities. This includes everything from getting out of bed in the morning, to spending quality time with family, to working, to enjoying hobbies, and more.
- Any disfigurement or disabling condition caused by the injury.
It may be difficult to attach a dollar figure to these things, but an experienced personal injury lawyer can provide the right evidence to prove the full value of your pain and suffering damages.
Pain and Suffering Damages Are an Important Part of Your Recovery
Without compensation for your physical pain and emotional suffering, your recovery will be incomplete. If someone else’s negligence has caused your injury then you deserve a full and fair recovery. Protect your rights today by contacting our experienced lawyers to discuss your personal injury damages. We welcome your call or online chat any time, day or night, every day of the year.
Can I recover punitive damages after a Wisconsin accident?
Punitive damages are possible in some Wisconsin personal injury cases. However, not everyone who is able to recover compensatory damages for things such as medical costs, lost income, and pain and suffering is able to recover punitive damages after a Wisconsin accident. Instead, Wisconsin law limits when a plaintiff may recover punitive damages.
If you’ve been injured in a Wisconsin accident, then it is important to understand what the law says about punitive damages and protect all of your rights by talking to an experienced personal injury lawyer as soon as possible.
What Wisconsin Law Says About Punitive Damages
Punitive damages are meant to punish the defendant and to discourage others from behaving in a similar way in the future. They are not meant to compensate the injury victim even though that will happen if punitive damages are awarded by the court. According to Wisconsin Statutes, Section 895.043:
- A plaintiff may receive punitive damages if the plaintiff can prove that the defendant acted “maliciously toward the plaintiff” or with “intentional disregard of the rights of the plaintiff.”
- The plaintiff must prove the case for punitive damages to the court with evidence. The plaintiff may also provide evidence about the defendant’s wealth or ability to pay an award of punitive damages.
- The decision about punitive damages will be made by the jury or the judge independently of the case for liability and compensatory damages.
- If punitive damages are awarded by the court, the amount of the punitive damages may not exceed twice the amount of compensatory damages awarded by the court or $200,000—whichever is greater. However, this limit on punitive damages may not apply in some drunk driving cases.
If you’ve been hurt and you believe that you may have a case for punitive damages, then it is important to talk to an experienced lawyer who has brought punitive damages cases before Wisconsin courts in previous cases and who knows how to protect all of your rights. Please contact us any time—24/7/365—to schedule a free, no-obligation consultation today and to learn more about all of the damages that you can recover in a Wisconsin personal injury accident.
Was my injury caused by a random accident, or could I have a personal injury lawsuit?
This may be your most pressing question after your immediate medical needs have been addressed. Is someone else to blame for the injury that you are suffering? Could that person or business be made to compensate you for your injuries?
Here’s How to Tell for Sure
You may have the right to bring a legal case and to pursue compensation if the person or business that hurt you violated a statute or was negligent. Commonly, personal injury cases arise when someone was negligent as that term is defined by law. Therefore, you may have a lawsuit that is worth pursuing if you can prove that:
- The person who hurt you owed you a duty of care. A duty of care may be created because of the specific relationship between you and the defendant. For example, a doctor owes you a duty of care if you are a patient. Likewise, a duty of care may be created because of what you and the defendant were doing at the time that you were hurt. For example, all drivers have a duty of care to other motorists.
- The person who hurt you breached that duty of care by failing to act like a reasonably prudent person would given the circumstances. Determining what a “reasonably prudent person” might do is often contested in personal injury cases.
- The breach of the duty of care caused your injuries. Those injuries would not have happened but for the breach of the duty of care. You can only recover damages if the defendant’s actions or inactions caused your injuries.
You have a legal right to recover damages pursuant to the law because you were hurt. You will be required to explain what those damages are and how you should be compensated.
While this definition of negligence applies to many personal injury cases, it can be difficult to know how it applies to the situation that caused your injury.
Still Have Questions? Get a Free Personal Consultation
Our experienced personal injury lawyers will be pleased to provide you with a free, no-obligation consultation. We can talk about how a personal injury case works and about whether you may have a claim worth pursuing. Contact us online or call us directly at 800.800.5678.
Do I need a personal injury attorney?
The decision about whether to hire a personal injury lawyer should be made after considering all of the facts unique to your situation. You may be surprised to hear us say this, but a personal injury lawyer is not necessary for every personal injury lawsuit.
You can find out whether you could benefit from hiring a personal injury lawyer for free and with no obligation by scheduling a free consultation with us. We will explain how a personal injury lawsuit works and, if we believe that you can get a fair recovery without hiring a lawyer, we will tell you so.
When You May Need a Personal Injury Lawyer
You may benefit from hiring a personal injury lawyer if:
- Your injuries are complex, expensive, or will take a long time to heal. If you suffer significant injuries, then your medical bills may be extensive, you may be unable to work or to earn the same income that you did prior to the injury, and your future may be uncertain. In these cases, your damages may be difficult to value and the insurance company may be unwilling to provide you with fair compensation unless you are represented by a lawyer.
- The accident was complicated. If the facts of your case are complicated then the defendants and their insurance companies may try to blame each other—or you—for the injury. In this type of situation you want to make sure you have an attorney representing your interests.
- You are having trouble determining the defendant’s insurance coverage. In order to get a fair recovery you need to know what you may be able to recover from the insurance companies that have legal obligations to compensate you after the accident or incident that left you injured.
You may not need a lawyer, however, if your injuries are minor or if you are confident that you are receiving the maximum amount of coverage that you deserve from the insurance company.
Remember, You Have Nothing to Lose
We provide free consultations and our experienced personal injury lawyers will provide you with their honest recommendations about your need for legal counsel. In some cases, hiring a lawyer can maximize your recovery if you’ve been seriously injured. Therefore, we encourage you to contact us online or call us directly at 800.800.5678 to schedule your free consultation today.
What is the statute of limitations for personal injury cases in Wisconsin?
The Wisconsin statute of limitations is a law that limits the amount of time that you have to file a lawsuit. There are different deadlines for different kinds of cases. The Wisconsin statute of limitations is typically three years for personal injuries. This means you have three years from the date your injuries occurred to settle your injury claim or to file a lawsuit.
If you miss the Wisconsin statute of limitations, then you will miss out on receiving compensation for your injuries. Don’t jeopardize your recovery in this way. Instead, contact an experienced personal injury lawyer as soon as possible after you are injured so that you can make sure that your rights are protected.
Exceptions to the Wisconsin Personal Injury Statute of Limitations
If your Wisconsin personal injury claim is against a municipal entity such as a city or county, then you will be required to notify the government of your injury in writing within 120 days of your accident. You will also have to provide the city or county with a notice of your Wisconsin personal injury claim before you begin to file a lawsuit.
In some situations, however, the statute of limitations may be extended. For example, the Wisconsin statute of limitations may be longer for minors and for people who are deemed mentally incompetent. According to state law, those who are minors or mentally incompetent can begin Wisconsin personal injury claim proceedings up to five years after they sustain injuries in some situations.
A Milwaukee Personal Injury Attorney Can Help Protect You From Missing the Statute of Limitations
After any serious injury caused by someone else’s negligence, you should consult with a Milwaukee personal injury attorney. You can risk losing all the compensation you are entitled to if you miss the Wisconsin statute of limitations by even one day.
Your Milwaukee personal injury attorney handles personal injury cases on a day-to-day basis and will make sure all I’s are dotted and all T’s are crossed to meet the Wisconsin statute of limitations and help preserve your legal rights. To learn more about how a personal injury case works in Wisconsin or about your own recovery please contact us online or call us directly at 800.800.5678 to schedule your own free consultation.
What is subrogation and what does it mean for my personal injury recovery?
The potential value of your case depends on many different factors. There is no minimum or maximum settlement amount or amount that you can recover in a court verdict.
Instead, the value of your personal injury case depends on many factors, including the nature and extent of the injury, the amount of economic damages (such as lost wages and medical bills), and the amount of time the injury is expected to last.
Additionally, the amount of your settlement or verdict that you take home is dependent on whether there are any insurers, assistance programs, or others who have paid some of your accident-related bills and who have a legal right to compensation.
Paying Back Your Medical Bills
Sometimes the medical bills that you incur as a result of your personal injury accident are paid through your health insurance, auto insurance, or a medical assistance program such as Medicare. It makes sense for these insurance companies or assistance programs to cover your costs so that you can get medical care as soon as possible.
However, when you receive a settlement or a court verdict in your personal injury case then the insurance company or the assistance program is going to want to be repaid.
This Is Known as Subrogation
Subrogation simply means substitution of one person for another. For example, after a personal injury accident a health insurer is thought to stand in the shoes of an injured person and may, therefore, demand repayment of the money that it spent on medical bills on your behalf.
The insurer or assistance program that paid the medical bills is often referred to as a collateral source, and a collateral source is typically entitled to reimbursement for what it paid.
Worried About Paying a Subrogated Claim?
If an insurance company notifies your attorney of a subrogated claim then your attorney is obligated to repay them out of your settlement money. However, your attorney still represents you and not the party seeking reimbursement.
There are situations where an experienced personal injury attorney can help you either get subrogated amounts reduced, or eliminated altogether through skilled negotiations. Hiring a lawyer who has experience dealing with the complexity of subrogation is very important and can maximize your recovery at the time of settlement. Accordingly, we encourage you to contact us as soon as possible to learn more about how a personal injury case works and about how to protect your recovery.
Contact us online or call us directly at 800.800.5678.
What is the process for filing a personal injury case in Wisconsin?
Your personal injury case officially begins when you file a complaint in state court. While you or your lawyer may engage in settlement negotiations prior to filing a complaint in court, those negotiations have no bearing on the statute of limitations and do not mean that you have officially begun a personal injury case.
How to File Your Case Correctly
It is important to file your case correctly so that you do not waste time or money with an incorrect filing. Accordingly, it is important to follow all of the court rules, which include filing the following items with the clerk of the Wisconsin Circuit Court in the correct county:
- A summons. The summons should contain basic information such as the title of the case, the court in which the action is being brought, the description of the case classification type, addresses of the plaintiff and defendant, and a direction to the defendant to file an answer. A standard form can be found in the Wisconsin State Statutes Section 801.095.
- A complaint. This document explains why you are suing the defendant and what you would like the court to do. In other words, in a personal injury action this pleading would explain the legal reason(s) why the defendant is liable for your injuries and what damages you are seeking.
- Filing fees. The current fees are available on the state court website, but are subject to change.
The summons and complaint must comply with all rules of the court and the defendant must be served with authenticated copies of these documents within 90 days of the filing.
Your complaint explains your cause of action—or the legal reason why the court should allow you to recover damages—and it explains the damages that you are seeking.
Therefore, it is important to get it right.
Our personal injury lawyers have a lot of experience filing complaints and can make sure that all of your rights are protecting when you begin your case, throughout your lawsuit, and when you make your recovery. To find out more about how a personal injury lawsuit works, please contact us via this website or by phone at any time.
What are my options after I’ve been hurt in an accident?
Generally, you have two options if you have been injured by someone else’s negligence. You can do nothing, or you can take action. Before you decide what to do, however, you need to know the consequences of your decision.
What Happens If You Do Nothing After a Personal Injury Accident
You have the right to do nothing after a personal injury accident. You may seek medical care, deal with any lost income, and manage your pain and suffering on your own.
If you choose to do nothing then you will recover nothing. Once the statute of limitations expires, you will no longer have the right to bring legal action and you will not be reimbursed for your damages.
What Happens If You Take Legal Action After a Personal Injury Accident
Generally, if you decide to take legal action then your case may be decided through settlement negotiations or in court. Taking legal action requires thought and planning. There are decisions to be made at each stage of litigation. For example, you will need to decide:
- What you are requesting in damages.
- What evidence to request and gather.
- What motions to make to the court.
- Whether to enter settlement negotiations with the insurance company.
- Whether to accept a settlement that is offered by the insurance company.
- Whether to try your case in court.
Thus, if you choose to take legal action, then you will have options at each stage of litigation that could impact your recovery and your future.
You Have the Option to Hire an Attorney
You have a lot at stake. Before you make any decisions about your case, it is important to discuss all of your options with a personal injury lawyer who can advise you about your rights, about how a personal injury lawsuit works, and about the damages that you might recovery if you decide to take action. To discuss your options in more detail, please contact us today to schedule a free, no-obligation consultation with an experienced attorney.
Do I have the legal right to bring a lawsuit if I’ve been hurt in Wisconsin?
If you are 18 years or older and you have been hurt because of someone else’s negligence, then you have the right to file a personal injury lawsuit in Wisconsin.
The right to file a lawsuit is known as “standing.” You have standing to sue if you are the one who was hurt and you have the legal right to make decisions for yourself—in other words, if you are an adult who does not have a legal guardian.
But What If You Aren’t an Adult, What If You Can’t Make Decisions for Yourself, or What If the Person Who Was Hurt Died?
Children, adults with legal guardians, and the estates of people who have died because of someone else’s negligence also have the right to recover damages even though they can’t bring lawsuits themselves. In these situations, Wisconsin law allows other people to bring a lawsuit on behalf of the injured party. For example:
- Children can recover for personal injuries. However, they cannot bring personal injury lawsuits. Typically, one or both of the parents will contact a personal injury lawyer on the child’s behalf. A guardian ad litem may be appointed to represent the child’s interests. This may be the attorney hired by the family. If a settlement is reached or a court verdict is determined, then the money will be put into an interest-bearing account until the child reaches the age of 18 or until the conditions met by the court are satisfied.
- Adults with legal guardians can recover for personal injuries. The legal guardian may contact a personal injury attorney on behalf of the person who was hurt. Any recovery will be used for the benefit of the person who was injured.
- Estates of people who have died in wrongful death accident can recover for personal injuries. The personal representative of the estate has the right to bring the lawsuit for the benefit of the person’s estate.
If you try to bring a lawsuit and you lack standing, then you can expect that your case will be dismissed. Accordingly, it is important to know if you have the right to start a lawsuit and how a personal injury lawsuit works. To learn more, please contact us any time via this website or by phone to schedule a free and confidential consultation.
What happens if I’m partly at fault for the accident that caused my injury?
The truth is that you are likely to have been partially at fault for the accident that caused your injury. Few accidents are completely the fault of one person, but in most two-person accidents there is one party that is more at fault than the other. If you are the person who is less at fault than the other person, then you have the right to make a legal recovery of financial damages for your injuries.
What Does This Mean to Your Personal Injury Recovery?
It means that if you can prove that someone else was primarily responsible for your accident then you will make a financial recovery. In Wisconsin, contributing to the negligence that caused your injury is not a bar to recovery—assuming that your negligence was not greater than the negligence of the person from whom you are seeking damages. In a two-party accident, this means that you can recover from the other party if you can prove that the other party was at least 51% responsible for the accident and your resulting injuries.
Wisconsin’s contributory negligence law does, however, make it clear that the amount that you recover will be reduced by the percentage of negligence assigned to you. For example, if it is determined during settlement negotiations or in court that you are 30 percent responsible for the accident and that the damages from your accident totaled $100,000, then you would be able to recover 30 percent less than $100,000, or a total of $70,000 in damages.
It is important that the exact percentage of fault be determined so that you can get the fair recovery that you deserve. This requires evidence and persuasive arguments. An experienced personal injury lawyer can help you determine what your fair recovery may be, help you gather evidence, and make persuasive arguments on your behalf. Do not risk your fair recovery by representing yourself. Instead, contact our experienced personal injury lawyers today to schedule a free, no-obligation consultation today to discuss how a personal injury case works and what your fair recovery may include.