01/23/2020 | News release | Distributed by Public on 01/23/2020 11:30
Personal injury claims are filed when a person sustains an injury due to another person's negligence, recklessness, or intentional misconduct. As such, personal injuries often occur as the result of a car accident, trucking accident, or pedestrian accident. If you sustained an injury in an accident, you will likely need medical attention. It is normal to have questions as you start to deal with the physical, emotional, and financial aftermath of an accident. In addition to reviewing this list of frequently asked questions, you should speak with a personal injury attorney to learn more about your options for recovering financial compensation for your injuries.
What Is the Legal Definition of Negligence?
Negligence occurs when an individual causes harm to another person unintentionally. For example, a driver may not intend to injure passengers in other cars, but negligent actions (such as texting while driving) can lead to a collision that causes serious injuries to multiple people. Legally, negligence occurs when a person fails to provide a 'duty of care' to other individuals. Disobeying traffic laws, driving under the influence, distracted driving, and reckless driving are examples of failures to meet the duty of care owed to others.
Can I Legally Pursue Compensation for Damages?
In the state of Wisconsin, victims are entitled to compensation if their injuries were the result of another person's negligence. Victims may prove fault by compiling necessary documents, which may include police reports, medical records, and eyewitness accounts.
How Much Money Is a Personal Injury Claim Worth?
The situations surrounding personal injury claims vary from person to person, and not all personal injury lawsuits are worth the same amount. The value of a claim can vary from thousands to millions of dollars, depending on the specific circumstances of the injury and the damages a victim has suffered. These damages may include the costs of medical care and property damage, income lost while recovering from an injury or due to permanent disability, or physical and emotional pain and suffering that has affected a person's quality of life.
Should I Take Money Offered by an Insurance Company?
Sometimes, insurance companies (and even an individual who was responsible for an injury) may offer victims money after an accident. Often, these initial settlements are low figures that do not fully address the damages a person has suffered. Personal injury victims should speak with a personal injury lawyer before accepting any settlement from an insurance company or private individual to ensure they are compensated adequately.
How Long Do I Have to File a Claim?
All personal injury claims must be filed within a specific amount of time. This is called the statute of limitations. For example, Wisconsin statute § 893.52(2) states that personal injury claims resulting from a car accident must be filed within three years from the date of the accident. Other personal injury actions must be filed within six years. A personal injury attorney can advise you of the specific statute of limitations that apply in your situation.
Contact a Milwaukee Personal Injury Lawyer
If you have been injured in an accident and have questions about the steps you should take to protect your right to recover compensation, schedule a free consultation with the attorneys at Gimbel, Reilly, Guerin & Brown, LLP. Contact our Milwaukee, WI personal injury attorneys at 414-271-1440.