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If you were injured in Wisconsin because of another party’s negligence, you probably speculate about how much you could receive in a personal injury settlement. Learn more about personal injury settlements below, then contact our Kenosha personal injury lawyer at Law Offices of John V. O’Connor for more information.
Yes. There is a limit on punitive damages of $200,000, or twice what you received for compensatory damages, whichever number is higher. Also, Wisconsin has a cap on non-economic damages for medical malpractice at $750,000. This is known as pain and suffering damages. The state supreme court upheld this cap.
There are no caps on pain and suffering damages for other personal injuries in Wisconsin, such as car accidents, defective products, slip and fall incidents, etc. However, damages for claims against the Wisconsin state government are limited to $250,000, and damages for a claim against a Wisconsin municipality are limited to $50,000.
Now that you understand the limits on damages on some personal injury claims in the state, who pays? In most personal injury cases in Wisconsin, the insurance company for the negligent party pays. So, for example, if someone runs into you at a traffic light and you break your arm, the negligent driver’s insurance company will probably compensate you for your losses.
If the other driver does not have insurance, your personal auto policy will likely cover your losses. However, there can be other sources of coverage and liability that your personal injury attorney could find. For example, if another driver was involved and was partially negligent, their insurance company may have to compensate you.
The first step to getting a personal injury settlement in Wisconsin is filing a claim with the appropriate insurance company. The claims process includes paperwork, regular communications with insurance adjusters, and negotiation sessions. The idea is for both sides to agree to a financial settlement to keep the case from going to court. Your personal injury attorney will handle the claims and negotiation processes.
If your Wisconsin personal injury claim cannot be settled, your attorney will file a lawsuit. This also involves a lot of paperwork and various legal filings and hearings. When you file the lawsuit, the goal is to convince the jury that the other party was negligent and that they owe you compensation.
The good news is that even after a lawsuit is filed, most personal injury cases are settled before court. Many insurance companies prefer a settlement without the hassle and risk of going to trial and paying more. It is common for juries to side with an injured plaintiff and award more money than would have been provided in a settlement.
However, your attorney will advise you on settling or filing a lawsuit. Some Wisconsin personal injuries involve severe injuries, and you may need more money to move on with your life than the insurance company offers.
In Wisconsin, the statute of limitations for personal injury claims is three years from the date of the accident or injury. This means you have three years to file a lawsuit in court.
Yes, there are exceptions depending on the nature of the claim. For example, if the injury involves a motor vehicle accident, the statute of limitations is three years. However, for wrongful death claims arising from a motor vehicle accident, the statute of limitations is two years.
The three-year period typically starts from the date you were injured. However, there are instances where the “discovery rule” applies, meaning the clock starts when you discover or should have discovered the injury and its cause.
If you miss the deadline, you may lose your right to file a lawsuit and seek compensation for your injuries. It’s crucial to file your claim within the specified time frame to preserve your legal rights.
In some cases, the statute of limitations can be extended through a process called “tolling.” This can happen if the injured party was a minor, mentally incapacitated, or if the defendant left the state, among other reasons
If you were hurt because of someone’s negligence in an accident, you have a right to compensation for your losses. Our Kenosha personal injury lawyers at Law Offices of John V. O’Connor can help you, so call (262) 605-8400.
(Updated 10/31/2024)
