Personal injury lawsuits are often the best option for people who are injured because of another person or entity’s negligent, reckless or intentional conduct. These lawsuits encompass various situations, including car accidents, medical malpractice, nursing home abuse, and slip and falls.
To recover compensation for a personal injury in Milwaukee, you will have to show that the other party was at fault for causing the accident that resulted in your injuries. You might be able to obtain compensation even if you were partially to blame. But you will only have three years to file your lawsuit so that you can capitalize on your compensation opportunity.
If you believe you may have a valid personal injury claim, call Wruck Paupore as soon as possible. Our experienced Milwaukee personal injury attorneys can get you on the road to recovery with a free case assessment. To find out more, call our offices at (219) 322-1166.
Personal injury law encompasses a large swathe of potential accidents. Essentially, any person, company, or other entity whose failure to meet their legal duties to the victim causes harm can be found liable in a personal injury lawsuit. Below are some of the most common situations that lead to personal injury lawsuits in Milwaukee.
Car accident lawsuits are some of Milwaukee's most common personal injury cases every year. Wisconsin is an “at-fault” car insurance state, which means that injury victims recover compensation from the insurance policy of the driver who caused the accident. This allows car accident injury victims to file personal injury lawsuits without jumping through the severity thresholds of other states. Successful injury lawsuits for car accidents recover more in damages than car insurance claims, so if this option is available to you, we strongly recommend bringing it to the attention of our Milwaukee personal injury attorneys.
Property owners owe duties of care to people who they invite onto their property. These duties vary depending on whether the property guest is a licensee or an invitee. A licensee is someone the property owner invites for their financial gain, like a restaurant owner hosting a customer. An invitee is a person invited onto the property without the purpose of financial gain, such as a dinner party guest at a friend’s home. Discuss with your Milwaukee personal injury lawyer what duties a property owner owed you and whether their failure to meet these duties caused your injuries.
Milwaukeeans entrust doctors, nurses, and other medical care providers with their health daily. When these professionals behave in a way that falls short of the accepted medical standard of care, they incur liability for the consequences. Medical malpractice may be obvious, such as a surgeon performing the wrong operation on a patient or a doctor prescribing the wrong medication. Still, these cases may be more complicated to identify. If you suspect that you received substandard treatment leading to the worsening of an existing condition or the development of a new one, you may be able to recover compensation for the harm you have suffered.
Facilities that care for our most vulnerable may be liable for the actions of management or individual staff members. This includes many forms of intentional physical, emotional, sexual, and financial abuse. Nursing homes may also be sued for negligence, which can be identified when the facility fails to provide for the basic needs of its residents as required by law.
If you are considering filing a personal injury lawsuit, you may be concerned that your actions that contributed to the accident or your injuries may prevent you from winning your case. However, you should know that Wisconsin law allows plaintiffs to recover a proportional amount of damages even when they were partially responsible.
Like many other states, the State of Wisconsin uses a “51% modified comparative negligence rule.” Practically, this means that a court can still award a percentage of damages to plaintiffs even if they find that the plaintiff’s negligence also played a role in the incident in question. The plaintiff can recover as long as the defendant was more than 50% responsible for causing the accident.
For instance, if the plaintiff claims $10,000 in damages, but the court finds that the plaintiff was 20% responsible for causing the accident, they can still order the defendant to pay $8,000 in damages or the remaining 80% of the total. But if the court finds that the plaintiff was 60% responsible for causing the injurious accident, they will not be able to recover anything through a lawsuit. Learn more about how comparative fault is determined from our experienced Milwaukee personal injury lawyers.
Under the Wisconsin statute of limitations, if you want to file a personal injury lawsuit against the party that caused your injuries, you only have three years to file your case in court before you lose your opportunity. The clock typically begins to run on the date you suffered your injury. Certain exceptions may apply, such as where you did not discover your injury until well after it happened or if you were a minor at the time.
However, there are other rules and issues which may cause you to lose your legal rights far sooner than the three year deadline, so you should act as soon as possible. Contact one of our Milwaukee personal injury attorneys as soon as possible if you believe you could have a claim and we will review your case with you immediately.
To get a free initial case evaluation with your first call, contact the dedicated Milwaukee personal injury lawyers at Wruck Paupore today at (219) 322-1166.
Don is a founding partner and one of the nation’s top-ranked personal injury litigators. He is a member of the Multi-million Dollar Advocates Forum, which includes less than 1% of the nation’s trial lawyers, and awarded the highest ranking given by Martindale Hubbel and AVVO.
More importantly, Don understands representing personal injury victims is about more than recovering the best settlement: it’s about helping clients get back on their feet and supporting them in every aspect of their recovery.
In nearly all cases, our clients seek compensation from the wrongdoer’s insurance company. Before forming Wruck Paupore, Jason worked for a prominent law firm representing some of the world’s largest insurers. This experience gives Jason a deep understanding of the insurance industry and the strategies it uses to pay injury victims as little as possible.
Jason -- and our entire team -- put this inside knowledge to work to force insurance companies to pay what is actually owed. Often, we use the insurance company’s own tactics against them as we fight for the full compensation our client deserves.
For more than four decades, Keith has been fighting for injury victims. During that time, he’s watched the insurance industry change, with insurers now more interested in protecting their stock price than treating injury victims fairly.
Since the beginning, Keith has put people first. From his childhood in Gary, Indiana during the 1960’s and working his way through law school, Keith has risen to become one of the Midwest’s most respected trial lawyers. He has never forgotten that being a lawyer is about helping people -- and seeing injury victims through struggles in a way that could change their lives forever.
Over the decades, Keith, Don and Jason have fought relentlessly for clients, even when other lawyers have said the case was impossible to win.
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