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Green Bay personal injury lawyer for loss of consortiumIf you are injured in a car accident, you may be facing high medical expenses, the need for costly repairs or a replacement for your vehicle, and lost income from time you have missed at work while receiving treatment. You may be aware that a personal injury lawsuit against an at-fault driver can help you obtain compensation for all of these expenses, but many people do not realize that it is also possible to recover damages for other harmful effects on your life. One such form of damages is known as “loss of consortium.”

Common Situations Involving Loss of Consortium

Loss of consortium is a situation in which the effects of injuries have a negative impact on personal relationships. It is often also referred to as loss of companionship, love, or intimacy. There are two primary situations in which injuries may lead to a claim of loss of consortium:

  • When someone is injured, the injuries can have a significant impact on a spouse. The injuries may make it difficult or impossible to maintain personal or intimate relationships. Scarring, disfigurement, or cognitive dysfunction from traumatic brain injuries can easily impact relationships. The injuries may require that the spouse provide care for the victim. A victim may not be able to handle household or outside chores or duties, so the spouse may need to handle those duties. Often, injuries to a victim impact social and recreational activists that the couple enjoyed. Minor children also have a right to make a claim for loss of consortium as a result of injuries to parents, because of the impact that the parent’s injury had on their lives.,
  • When a loved one is killed in an accident. Surviving partners or family members often have a claim for loss of consortium when an accident removes a loved one from their lives. Spouses or family members can pursue loss of consortium damages along with other pain and suffering damages and economic damages in a wrongful death lawsuit.

Making the Case for Loss of Consortium Damages

Generally, in a personal injury or wrongful death case, your first step in fighting for compensation should be to demonstrate that another party’s negligence was responsible for the accident and injuries. Your best chance of doing so is to promptly hire an experienced lawyer after the accident who can help you collect and preserve important evidence, which may include camera footage of the accident and its aftermath, 911 call recordings or transcripts, police reports, and witness testimony.

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Green Bay, WI personal injury lawyer for disfigurementIf you are injured in a car accident, a workplace accident, or a dog bite, your physical recovery can be extremely challenging as you undergo surgery, treatment, and rehabilitation. However, in many cases, the effects of your injuries are not limited to the physical. This is especially true of injuries that result in permanent scarring and disfigurement. If you have suffered one of these lasting injuries, it is important that you understand all possible means of pursuing compensation for the negative impact your injury has had on your life.

It is very important to photograph injuries and scars immediately and throughout the recovery. Selfies rarely do justice in documenting the injuries. Ask others to take photographs from different vantage points and with adequate lighting. Many people with disfiguring injuries also suffer from emotional reactions from the accident and the injuries, and the earlier they receive professional help, the better, both for their health and for documenting their claims.

Causes of Scarring and Disfigurement in a Personal Injury

Car crashes and other types of injuries can result in permanent disfigurement, including:

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Appleton, WI motor vehicle accident attorney for evidence and liabilityIf you have been injured in a car accident, the immediate aftermath can be confusing and disorienting, and depending on the severity of your injuries, you may be able to focus on little else. In many cases, getting medical attention should be your top priority, but if you believe another driver was responsible for the accident, your immediate next step should be to hire an attorney who can help you collect evidence and prepare for a personal injury lawsuit to pursue compensation for your damages.

Demonstrating Negligence in a Personal Injury Case

In a personal injury case, it may be possible to obtain compensation through either a settlement with the liable parties or a trial verdict, but in either case, it is important that you have sufficient evidence to demonstrate the other parties’ negligence. This means you can show that a driver breached their duty of care to you, which in a car accident case often means they were driving carelessly or dangerously, and that their breach of duty caused the car accident, resulting in your injuries and damages.

Forms of Evidence in a Wisconsin Car Accident Case

A wide variety of evidence can be used to demonstrate another party’s negligence in a car accident. Our attorneys can help you collect and preserve this information, ensuring that you will be able to hold a negligent driver responsible for your injuries. Some common examples of evidence in auto accident cases include:

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Green Bay, WI personal injury attorney negligenceEvery year, tens of thousands of Americans suffer life-changing injuries in car accidents, as well as a wide variety of other situations. In many cases, these injuries occur because of another person’s negligence, or even due to someone’s intentional actions. When someone is responsible for the injuries you or your loved one have suffered, you may be able to pursue financial compensation through a personal injury claim. Here are a few things you should consider in these types of cases: 

  1. How to Demonstrate Negligence: In order to receive the compensation you deserve, you and your attorney will need to be able to show that your injury was the direct result of someone’s negligence. Your lawyer can work with you to obtain the evidence necessary to demonstrate negligence. For example, if you were injured in a car accident, your attorney can seek out security camera footage, statements from witnesses, police reports, and any other information that will be beneficial to your case.
  2. How to Calculate a Reasonable Settlement: Your attorney can work with you to help you gain a complete understanding of the damages you have suffered and the amount of compensation that you should receive. In addition to covering expenses related to immediate or ongoing medical treatment, your settlement may also address rehabilitation expenses, loss of income while recovering, loss of capacity to earn a living, future medical care, property damage, loss of companionship, and pain and suffering.
  3. Punitive Damages: In some personal injury cases, the actions of the person responsible may be considered egregious, and punitive damages may be appropriate. These damages are meant to punish the at-fault party and discourage them from similar behavior in the future. Punitive damages may be appropriate in car accident cases in which a person was driving while intoxicated or in other situations where a person showed a clear disregard for other people’s safety. 
  4. Be Patient: In the aftermath of a serious injury, it is understandable to be concerned about your family’s finances. However, while it may be tempting to accept a settlement offered by an insurance company, these initial offers are often much lower than what would be appropriate to address your financial needs. By consulting with an attorney, you can gain a full understanding of the damages you should be able to receive. We can negotiate with insurance companies on your behalf to ensure that you receive fair and just compensation.

Contact an Appleton, WI Personal Injury Attorney

At Herrling Clark Law Firm, Ltd., we understand the difficulties that a serious injury can cause to your family. We will work with you to gather the necessary evidence that shows that your injury was caused by someone else’s negligence, and we will advocate for you to receive financial compensation that fully addresses your damages. To schedule a free consultation with our understanding Green Bay personal injury lawyers, call our office today at 920-739-7366.

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Appleton personal injury lawyer for pre-existing conditions

Injuries can be sustained at any time, and they can require extensive amounts of rehabilitation before fully healing. Furthermore, injuries can remain dormant, not fully developing until a later period of time. When a person suffers a personal injury due to another person's negligence, he or she may seek compensation from the negligent party. However, situations in which a pre-existing injury has worsened due to an accident can be complex, and demonstrating the full impact of these types of injuries may be difficult. In these cases, it is essential to seek the help of an experienced personal injury attorney to ensure that all legal aspects of an injury are addressed.  

How Can an Injury Progress?

Accidents that involve a person with a pre-existing ailment could lead to a condition becoming significantly worse. Neck, back, or head injuries, broken bones, or other types of conditions could become aggravated by a subsequent injury. For example, an individual who previously hurt his or her back in a slip and fall accident may sustain additional back injuries after being the victim of a rear-end collision

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