Best Personal Injury Lawyers Madison, WI Of 2024 – Forbes Advisor – Technologist

Wisconsin law allows a person to file a personal injury lawsuit against another party when they have been injured due to the negligence of that party. Filing a lawsuit can be complicated because these actions are highly regulated, so connecting with a skilled attorney is key.

An experienced Madison personal injury lawyer can handle the complex portions of the lawsuit and determine the damages the claimant can pursue. In most cases, clients pursue economic damages, which cover losses with financial costs, and noneconomic damages, which cover losses like pain and suffering.

Wisconsin Statute of Limitations for Personal Injury Cases

One of the complications to filing a lawsuit in Wisconsin is the statute of limitations. This regulation limits how long a claimant can wait after suffering an injury before filing a lawsuit. For most personal injury claims in Wisconsin, the statute of limitations is three years from the date the claimant suffered the injury.

When an injury is caused by medical malpractice, the claimant can file a lawsuit up to three years after being injured, as long as they file the lawsuit within a year of discovering the injury or when they should have discovered the injury.

In wrongful death lawsuits resulting from auto accidents, the claimant only has two years to file a lawsuit.

Wisconsin Personal Injury Laws

Wisconsin’s personal injury laws are complicated enough that a litigant may be unlikely to succeed unless represented by a Madison personal injury lawyer. The following are some Wisconsin personal injury laws that may affect a lawsuit.

• Modified comparative negligence. If a litigant is partially responsible for their injuries, they may still be eligible to receive some compensation. As long as they aren’t less than 51% responsible, any compensation they receive is reduced by a percentage equal to how responsible they are.
• Medical malpractice caps. Noneconomic damages are limited to $750,000 in medical malpractice claims.
• Wrongful death caps. In a wrongful death claim, the claimant can receive at most $350,000 for damages related to loss of society or companionship. This cap increases to $500,000 if the lost loved one is a minor.
• Claims against the government. When a claimant intends to sue the government, they must serve the government with written notice within 120 days. If the government doesn’t respond within 120 days or denies the claim, the claimant only has six months to file a lawsuit.
• Caps in government claims. Furthermore, lawsuits against government officers or employees are limited to a cap of $250,000.
• Insurance claim lawsuit statute of limitations. Claims against an insurance company are further limited. Typically, the time limit to file an insurance claim is one year from the date of an injury covered by the company.

Personal Injury Settlement Considerations

In general, few personal injury claims end up in court. More often than not, the insurance company for the responsible party negotiates a settlement with the injured party or their legal representative.

Cases usually end in settlements because it can be an optimal conclusion for all parties involved. Jury verdicts tend to be unpredictable and can result in a litigant receiving almost nothing or millions more than they would have from a settlement. That uncertainty puts both the litigant and the defendant in a challenging position.

A court case can also take years longer to resolve than a settlement. The litigant would usually prefer to get a reasonable amount of money in a reasonable amount of time than to wait years for a potentially larger award. Similarly, the insurance company often prefers to avoid legal costs and uncertainty, even if it means paying slightly more than initially offered.

Additionally, attorneys may take a smaller percentage of the final award in a settlement than in a case that goes to trial. Between this and a shorter wait to receive compensation, a settlement can be financially better for the claimant.