How Long Does It Take To Settle A Wisconsin Personal Injury Case?

You are driving in Kenosha near Kenosha Public Museum and the Dinosaur Discovery Museum. Suddenly, someone pulls out in front of you and slams into them. You have injuries, lost wages, and medical bills.

It is usually best to call a Kenosha personal injury lawyer for assistance. But how long it takes to settle your claim? Find out below. Next, contact a Kenosha personal injury lawyer for help.

Every Personal Injury Case Is Different

It is always difficult to say how long a Wisconsin personal injury case will take. Remember, every case has different injuries and circumstances. Therefore, there is no ‘average’ time a case takes to settle.

One of the most essential variables about the length of a case is the injuries. For example, if you have substantial damages from a car accident, it may take months for you to reach ‘maximum medical improvement.’ Serious injuries can take a long time to improve enough for your attorney to get an accurate idea of the compensation you should receive.

If you have less severe injuries, settling your claim may take less time, but many factors affect the timeline. Also, Wisconsin has a three-year statute of limitations on personal injury claims, so the case must be filed within that window. However, accidents with serious injuries can linger for many months and even years.

Your Attorney Will Wait To Understand Your Injuries

It is critical not to settle a claim until the extent of your injuries is understood. If someone rear-ends you and you slipped a spinal disc, it could take months to heal. You may need thousands of dollars in medical treatments and surgery.

When A Case May Settle

After your attorney understands everything possible about your injuries and damages, they will enter into serious settlement discussions. Most personal injury cases end in settlement because both sides may want to avoid a long, expensive court battle.

Another factor that may influence how long the personal injury claim takes is if there is more than one plaintiff. Some accidents involve several parties, such as in a multi-vehicle collision. As a result, it may take longer to understand the accident, what happened, and who is liable.

It is important to remember not to settle a claim hastily just to receive a settlement. Many injured parties want to settle a claim too soon, which costs them money. Instead, listen to what your attorney says about your case’s value so you can get the most money possible.

Frequently Asked Questions About Wisconsin Personal Injury Cases

What is a Personal Injury Case?

A personal injury case is a legal dispute that arises when someone is injured due to another person’s negligence or intentional actions. The injured party (plaintiff) seeks compensation for their injuries and losses from the responsible party (defendant).

What Are the Basic Requirements for a Personal Injury Claim in Wisconsin?

To file a personal injury claim in Wisconsin, you must prove the following:

1. Duty: The defendant had a duty to act with reasonable care to avoid causing harm.
2. Breach: The defendant breached that duty by acting negligently or intentionally.
3. Cause: The defendant’s breach of duty caused the plaintiff’s injury.
4. Harm: The plaintiff suffered actual harm or damages as a result of the injury.

What Types of Personal Injury Cases Are Common in Wisconsin?

Common types of personal injury cases in Wisconsin include:

• Car accidents
• Slip and fall accidents
• Medical malpractice
• Product liability
• Dog bites
• Workplace injuries

What is the Statute of Limitations for Personal Injury Claims in Wisconsin?

In Wisconsin, you have three years from the date of the accident or injury to file a personal injury lawsuit. However, there are exceptions, such as shorter time limits for claims against government entities or medical malpractice cases.

Can I File a Claim if I Was Partially at Fault for the Accident?

Yes, Wisconsin follows a comparative fault system, which means you can still recover damages even if you were partially at fault. However, your compensation will be reduced by your percentage of fault.

What Damages Can I Seek in a Personal Injury Case?

You can seek various types of damages, including:

• Medical expenses: Costs for medical treatment related to your injuries.
• Lost wages: Compensation for income lost due to your inability to work.
• Pain and suffering: Compensation for physical and emotional distress.
• Property damage: Costs to repair or replace damaged property.

How Do I Start a Personal Injury Claim?

To start a personal injury claim, you should:

1. Seek medical attention: Get treated for your injuries and document your medical records.
2. Gather evidence: Collect evidence such as photos, witness statements, and police reports.
3. Contact an attorney: Consult with a personal injury lawyer to discuss your case and determine the best course of action.

What Should I Expect During the Legal Process?

The legal process typically involves:

• Investigation: Your attorney will gather evidence and build your case.
• Negotiation: Your attorney will negotiate with the insurance company or defendant to reach a settlement.
• Litigation: If a settlement cannot be reached, your case may go to trial where a judge or jury will decide the outcome.

Talk To A Kenosha Personal Injury Lawyer Today

If you have been injured in an accident because of someone’s negligence in Kenosha, you should not talk to their insurance company without legal representation. A Kenosha personal injury attorney at the Law Office of John V. O’Connor may help you obtain compensation for your damages. Please contact our Kenosha personal injury attorneys today at (262) 605-8400. We serve the communities of Kenosha, Racine, Walworth, Lake Geneva, and the surrounding area.

(Updated 10/31/2024)