If you have legal standing to file a personal injury case in Wisconsin, then you have the right to file a truck accident case in state court. It is important to know whether you have standing before you take action. If you do not have standing and you file a complaint in state court, then you can expect the defendant will quickly file a motion to dismiss and that the motion will be granted without your recovery of any damages.
An experienced truck accident lawyer can help prevent this from happening to you so that you don’t unnecessarily incur expenses and stress related to a lawsuit that you do not have standing to file.
Four Situations When You Might Have Standing
Pursuant to Wisconsin law, you could have standing to file a truck accident injury case if:
- You were hurt in the accident. You must have suffered physical injuries and not just property damage in the case in order to file a personal injury claim.
- You are the parent or guardian of a minor child who was hurt in the accident. Children under the age of 18 cannot bring their own cases in state court. As the child’s parent or legal guardian, you may file a personal injury claim on your child’s behalf.
- You are the legal guardian of an adult who was hurt in the accident. Some adults with diminished mental capacity may have court-appointed legal guardians to help them make important decisions. A personal injury case is one of these decisions and should be considered by you if you are the legal guardian of someone who was hurt in a Wisconsin truck crash.
- You are the personal representative of the estate of someone who died in a truck crash or you are someone with the legal right to recover damages in a wrongful death case. The Wisconsin statutes are clear about who can be the plaintiff in a wrongful death case and should be consulted after a fatal truck crash.
To learn more about how a truck accident case works in Wisconsin or about how to protect your rights to a fair recovery, please contact us today via this website or by phone to schedule a free consultation.