An accidental injury can be expensive. When you are injured in an accident, you can face high medical bills, lost wages due to having to leave work to recover, and many smaller and less tangible expenses like the cost of over-the-counter pain medication and the psychological trauma associated with your injury. These expenses can compound over time if you suffer from chronic pain in the years following the accident or you are rendered unable to perform the job you held prior to the accident because of a disability. These expenses can add up, and if you did not cause your injury, you should not have to shoulder their burden. Instead, you should seek monetary compensation for them through a personal injury claim.
Our team works with clients who have been injured in a variety of accident types. These include:
Additionally, we work with survivors seeking compensation for the damages they suffered due to their loved ones’ accidental deaths through wrongful death claims. Our team works with clients facing all types of obstacles, such as accidents caused by uninsured drivers and cases where the victim was partially at fault for his or her accident.
Accident victims can suffer many different types of injury. These include, but are not limited to:
After an accident, seek medical attention for yourself as soon as possible. This is the best way to ensure that any and all injuries you suffered are accurately diagnosed and treated.
Some injuries and illnesses are the result of the injuries suffered in an accident. For example, a dog bite can become infected, putting the victim in additional pain and subjecting him or her to conditions like sepsis. Another is the long-term psychological trauma that can follow an accident victim, sometimes for years after his or her accident. These must be taken into account when developing a personal injury claim.
The two key elements of any personal injury claim are negligence and liability. When a party causes another to suffer damages through negligence, that party is liable for the victim’s damages.
Here is an illustration of how negligence and liability work:
Driver A drove 50 miles per hour on a road with a posted speed limit of 25 miles per hour. Drivers have the responsibility to obey the posted speed limit to avoid causing injury to others. While speeding down the road, Driver A hit Pedestrian Q, causing her to suffer a broken leg, cuts, and scarring. Because Driver A was negligent, he is liable for Pedestrian Q’s related damages, which means he or his insurance provider must cover her expenses related to the injury.
Many people believe they cannot recover compensation for their damages if they caused their accidents. This is not completely true. Although you cannot recover compensation for your damages if your accident was entirely your fault, you can seek compensation if you hold less responsibility for the accident than the other party involved. This principle is known as contributory negligence. If your percentage of fault for an accident is 50 percent or less, you can recover compensation for your related damages. However, your compensation is reduced according to the percentage of the fault you hold. This means that if you are deemed to be 30 percent at fault, you may only recover up to 70 percent of your claim’s value. Put into dollar figures, a victim seeking $100,000 in compensation who holds 30 percent of the fault for his or her accident may only recover up to $70,000 for his or her damages.
In your personal injury claim, you must show how your injury was caused by another party’s breach of their duty to protect you from harm. You can do this by providing evidence that illustrates the accident and the extent of your damages. This evidence can include:
In Wisconsin, the statute of limitations for personal injury lawsuits is three years from the date of the accident. If your lawyer determines your claim is not moving toward an appropriate settlement, he or she may recommend that you file a personal injury lawsuit before the statute of limitations expires. There are exceptions to this limit, such as cases against government entities. Your lawyer can explain these exceptions and how they relate to your case.
If you were injured in an accident another party caused through negligence, you have the right to pursue monetary compensation for your damages through a personal injury claim. The most effective way to pursue a personal injury claim is to work with an experienced personal injury lawyer in Oshkosh who can act as your advocate and provide you with quality legal advice and representation as you proceed with your claim. Contact our team at Hammett, Bellin & Oswald, LLC today to set up your initial consultation with us, during which we can help you determine the most effective way to move forward with your case.