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Wisconsin Personal Injury Law 101

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If you have been injured due to another person’s negligence, you have the right to file a personal injury claim. Since you were not the one who caused the accident, you shouldn’t be responsible for paying your medical bills. You also should be fairly compensated for your lost wages, damage to personal property, and pain and suffering. If your injury occurred in Wisconsin, you should understand the law. If this is unfamiliar territory, Wisconsin personal injury law 101 can help.

Time Limit for Filing a Claim

All states have a statute of limitations when it comes to filing a personal injury claim. This is the amount of time that you have from the day of your accident to file the claim. In Wisconsin, the time limit is three years. Unless there are extenuating circumstances that made it impossible for you to file before the statute of limitations expires, you have three years from the date of your accident to file.

Shared Fault

If the responsible party claims that you were partially at fault for the accident, there is still a chance that you can be compensated for your injuries. This is because Wisconsin has a comparative fault system. For example, if it is determined that you were twenty percent to blame for your accident, you would receive twenty percent less than the final judgment.  

Strict Liability for Dog Bites or Attacks

There are many states that protect dog owners if the attack was their dog’s first. The argument for this is that the owner may not have known that their dog was dangerous or aggressive. Wisconsin is different. The owner of the dog would be completely liable for the attack, regardless of the circumstances. Even if it were the dog’s first attack, the owner would still be held responsible.

Wisconsin Damage Caps

Many states have placed caps on damages that personal injury victims are entitled to. Wisconsin has two laws that can impact an injury case.

If it is a medical malpractice case, there is a cap of $750,000. In all other injury cases, the cap is set at $200,000, or two times the award of compensatory damages, whichever is greater. You should understand that punitive damages are rarely recovered in injury cases. For this amount of money to be owed, you would need to prove outrageous or extreme conduct on the part of the responsible party.

If you want to be sure that you will get the compensation that you deserve in a Wisconsin personal injury claim, you should do two things. First, understand how the law works. Second, hire an injury attorney in Milwaukee. Hiring an attorney will ensure that you will get the compensation that you deserve.

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