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Most individuals go through life never giving any thought to the idea that they could be involved in a personal injury case. Nevertheless, thousands of people are injured yearly due to negligence and require some form of medical treatment. Even with health insurance coverage, an accident victim who suffers minor injuries can still be left with expensive medical bills that are difficult to pay. Furthermore, many accident victims are injured to the point they are unable to work and provide for themselves and their families.
If another person’s negligence has injured you, you may be entitled to file a personal injury claim to recover compensation for your lost wages, medical expenses, and pain and suffering.
One of the first steps you must take to safeguard your future and well-being is to consult a personal injury lawyer who can advise you of your legal rights and explain what legal options may be available.
Casper Mehlos Law Group, LLC, of Madison, WI, is a personal injury law firm dedicated to assisting clients to recover the rightful compensation they deserve. As a result, our attorneys are passionately committed to holding the liable party accountable for their negligent actions.
Contact our law office and ask to schedule a free, no-obligation consultation to learn more information about how we may be able to help you pursue compensation for your injuries.
What Are the Benefits of Hiring a Madison Personal Injury Lawyer?
One of the best measures injury victims can take to protect themselves and their well-being is to hire a personal injury lawyer to represent them and take legal action on their behalf. A personal injury lawyer can act as your legal advocate and help you successfully navigate the overly complex legal system.
Familiarity With the Legal System
One of the most vital aspects of hiring a qualified attorney to represent you is that they have a working knowledge of the legal system. So often, injury victims initially believe that they can handle their cases independently. However, they quickly realize they need professional legal assistance.
A personal injury lawyer is already familiar with the legal process and what is required to file a claim. Additionally, an injury attorney understands the legal maneuvers the opposing party will often try to use to dispute a claim. Finally, a skilled attorney will use their knowledge to protect your legal rights as the case progresses through the legal system.
Experience in Evaluating Claims
Every personal injury case is different; therefore, the amount and type of compensation that injury victims may be eligible to receive will vary. In addition, the final amount of compensation that an injury victim is eligible to receive will depend on the types and severity of injuries they suffered.
For this reason, it is imperative that a knowledgeable attorney evaluate your claim to determine if compensation is a realistic option for you. In addition, because of their experience and training, injury attorneys are often able to determine additional damages that you may be eligible to recover after being injured.
Can Negotiate With the Insurance Company on Your Behalf
Many personal injury victims are unaware that a majority of personal injury claims are settled out of court. Settling out of court helps both parties avoid costly litigation and speeds up the process of potentially being able to collect a settlement.
Often, the insurance company will try to offer injury victims an initial settlement that will not adequately provide for their needs. A well-trained lawyer who can negotiate with the insurance company is essential to recover maximum compensation for damages and other injury-related expenses. Your attorney will have your best interests, not the insurance company’s.
Resources to Investigate Your Claim
A well-established personal injury law firm has the financial resources necessary to investigate a claim thoroughly. In addition, they also have developed their own investigative techniques to build and strengthen an injury case.
For example, your attorney may call on expert medical witnesses to examine the evidence and the extent of your injuries. Additionally, when an insurance company knows that you have an attorney with the financial resources to fight the claim, they are often more prone to offer the accident victim a more favorable settlement than if they did not have legal representation. Therefore, having qualified legal representation is essential when trying to recover compensation for your injuries.
Trial Experience
Unfortunately, all personal injury cases cannot be settled out of court. The insurance company may not wish to negotiate or feel they have a solid case as to why they should not pay compensation. Often, insurance companies try to avoid significant financial payouts so that it does not affect their bottom line. As a result, the insurance provider may opt to take the case to trial.
However, many personal injury attorneys have never argued a case and lack the experience to obtain a settlement that adequately compensates the victim. Accordingly, personal injury victims need to hire an attorney with previous trial experience and familiarity with trial procedures. A skilled trial lawyer can fight for your legal rights and not be intimidated by the insurance company’s tactics.
Ability to Fully Evaluate Personal Injury Claims
An injury victim may not fully be able to determine the amount and types of damages that may be available to them. However, a personal injury lawyer can thoroughly evaluate your case and conclude the amount of compensation that will sufficiently compensate the client for the damages they have suffered.
Because of the legal complexities associated with a personal injury claim, an injury victim must hire an attorney to represent their interests. If you have been severely injured in an accident caused by another person’s negligence, contact our law office, and ask to learn more information about how we may be able to assist you.
What Legal Criteria Must Be Present to Prove a Personal Injury?
Every year many people are injured; however, just because an individual sustains an injury, that does not necessarily qualify them to seek compensation. Certain legal criteria must be present to pursue a personal injury settlement.
Duty
The first step in proving a personal injury claim is to establish that the other party had a duty to use reasonable care. The person filing a claim is often referred to as the plaintiff or the claimant. For example, to prove a medical malpractice case, it must first be established that the medical professional and the injured plaintiff had a relationship. As a result, the defendant owed the plaintiff a responsibility to act with a reasonable amount of care.
Breach of Duty
The next step is to establish the defendant was negligent and that their actions or inaction resulted in what is referred to as a ‘breach of duty”. For example, motorists are duty to use reasonable care when driving. Therefore, if they choose to text and drive and cause an accident, they may be guilty of a breach of duty. However, even if the defendant admits their negligence in a personal injury case, this does not automatically entitle the victim to receive compensation. On this account, the plaintiff always has the burden of proof when trying to prove a personal injury case and recover compensation.
Causation
Even if negligence has been admitted to or proven, the plaintiff must be able to demonstrate they suffered damages due to the defendant’s breach of duty. If the plaintiff is unable to prove the breach of duty directly contributed to their injury, the case will most likely not proceed any further.
Causation is established if it can be definitively proven that as a result of the defendant texting and driving, they caused the plaintiff to suffer injuries that resulted in damages.
Damages
Even if it is clear that a plaintiff has been injured, they must be able to prove the extent of the damages they suffered due to being injured. In personal injury cases, damages typically consist of hospital bills, medical expenses, and lost wages due to your inability to work.
Nevertheless, even if liability has been established, the defendant and the insurance company often dispute the degree of the injuries. In addition, insurance providers often try to minimize the severity of a plaintiff’s injuries to avoid making large payouts.
If you have been injured and it was someone else’s fault, you will need strong legal representation to help you substantiate your claim. Insurance companies have teams of lawyers working hard to look for loopholes they can use to try to dispute a claim.
Our personal injury attorneys have extensive experience handling all aspects of personal injury claims and will work hard to help you obtain the justice you deserve.
Should I Speak With the Other Party’s Insurance Company?
In many instances, the other party’s insurer may contact you almost immediately after you have been injured. In most cases, an insurance adjuster may ask if they can ask you questions about the accident. The adjuster may also request that you agree to make a recorded statement detailing the facts and circumstances of the accident.
You should never agree to give a recorded statement to an insurance adjuster without first discussing the matter with your personal injury lawyer. Once you agree to give a statement, the insurance carrier has the legal right to use your statement against you to try and deny or undervalue your claim.
In addition, an insurance adjuster may try to offer you a quick settlement. Although a quick settlement may sound appealing at first glance, especially if you have been unable to work, it is rarely in your best interests. A quick settlement most likely does not accurately take into account future medical care that you may require or the emotional suffering you have endured.
Insurance companies recognize that injury victims are often desperate to obtain financial resources so they can pay their bills and living expenses. Therefore, it is always in your best interest to receive legal counsel from your personal injury attorney before entering into an agreement with the insurance provider. The attorneys of Casper Mehlos Law Group, LLC, are familiar with the deceitful tactics that insurers often use to minimize the amount of financial compensation they may be obligated to pay and will fight to ensure that your legal rights are protected.
Can I Recover Compensation to Pay for My Medical Bills?
If you have been injured in an accident caused by negligence, you may be able to recover economic and non-economic damages. Economic and non-economic damages are also referred to as compensatory damages. Furthermore, a plaintiff may also be able to recover punitive damages if their case meets specific legal standards.
Economic Damages
Economic damages are awarded to reimburse the accident victim for the out-of-pocket expenses they have already paid or may have to pay in the future due to being injured. Every personal injury case is unique, and the economic damages that may be awarded are based on the specific facts that surround the case.
Some of the most commonly awarded economic damages include:
- Past and future medical bills
- Lost wages
- Loss of earning capacity
- Property damage (if applicable)
Individuals who have suffered permanent injuries such as a spinal cord or traumatic brain injury will most likely require long-term medical care. On average, long-term care is quite expensive and can quickly become cost prohibitive for injury victims and their families. Additionally, they may also require ongoing physical therapy and rehabilitation services, which can quickly create a financial crisis for those tasked with caring for the injured party.
Suppose the victim has sustained serious injuries and requires their home or vehicle to be modified for a wheelchair or other medical equipment. In that case, a personal injury attorney can make sure that the costs of such changes will be included in a final settlement.
Because economic damages are granted to reimburse individuals for their injury-related costs, it is essential that you keep an accurate record of all of your expenditures and any receipts that pertain to your accident and medical care.
An experienced personal injury attorney will thoroughly analyze your situation and determine the financial compensation needed to meet your future healthcare needs.
Non-Economic Damages
Non-economic damages are awarded to compensate the injury victim for the intangible losses they have suffered. Because economic damages are more subjective in nature, the amount of compensation and injury victims are entitled to receive will significantly depend on the facts of the case.
Some of the most commonly awarded non-economic damages include:
- Pain and suffering
- Loss of enjoyment of life
- Emotional distress
- Loss of companionship
- Permanent disfigurement and scarring
Punitive Damages
Wisconsin law allows personal injury victims to recover punitive damages if they can prove with clear and convincing evidence the defendant “acted maliciously toward the plaintiff” or with an “intentional disregard for the rights of the plaintiff.”
Unlike compensatory damages, which are meant to compensate the victim for their expenses or losses, punitive damages are meant to punish the wrongdoer and send a warning to others not to repeat the same behavior.
The judge or jury overseeing the case will make a decision regarding punitive damages separately from the liability case. However, Wisconsin law dictates that punitive damages may not exceed twice the amount of the compensatory damages or $200,000, whichever is greater.
Not all personal injury victims qualify to seek punitive damages. For this reason, if you feel you are entitled to sue for punitive damages, it is in your best interests to consult with a personal injury attorney with previous experience handling these types of cases.
Is There a Deadline to File a Personal Injury Claim in Wisconsin?
Wisconsin has a strict statute of limitations when it comes to filing a personal injury claim. In most cases, injury victims have up to three years from the date of injury to file their claim. If you miss the deadline to file a claim, the case will most likely be thrown out, and you will lose all of your legal rights to recover compensation.
Nevertheless, there are expectations of the statute of limitations depending on the circumstances of the claim. For example, if the case involves a minor or an individual who is considered to be mentally incompetent, the statute of limitations may be extended up to five years after the injury occurred.
However, if you have sustained a personal injury that involves a city or county, you must notify the government of your injury within 120 days of the date the accident occurred. In addition, you will be required to provide the municipal entity with a notice of your intent to file a personal injury claim.
Although three years may seem like a long time, it can quickly pass by. If you have sustained a personal injury, contact our law offices immediately so that we can evaluate your case, determine your eligibility to file a claim, and begin the legal process on your behalf.
Why Should I Hire Your Personal Injury Law Firm to Help Me With My Injury Lawsuit?
When you have suffered a personal injury, you most likely are feeling overwhelmed and scared about the future. If your injury has left you unable to work, you are also concerned about how you will pay your bills and support your family.
Our law firm realizes this is probably one of the most stressful situations you have ever been involved in during your life. For this reason, our law firm is passionately committed to assisting personal injury victims to recover maximum compensation for their injuries and other injury-related damages.
Our legal team has extensive experience handling personal injury claims, negotiating with the insurance company, and fighting to get the justice you deserve. Once we agree to take your case, we will analyze all the evidence, such as police and medical reports, review video footage, and interview witnesses.
Our law firm has the financial resources to thoroughly investigate your case and determine liability. Depending on the needs of your case, we may also utilize expert witnesses to build and strengthen your case. This may include accident reconstructionists and medical experts.
If you have suffered a personal injury, contact Casper Mehlos Law Group, LLC, of Madison, WI, by calling (608) 820-8926 and ask to schedule a free consultation with a qualified legal team member who can provide you with a free case review. We will be happy to answer any questions you may have and explain your legal options.