Seeking Compensation for Wisconsin Car Accident Injuries
Last year, according to the Wisconsin Department of Transportation, there were 491 fatal car crashes resulting in 527 deaths. Despite Wisconsin's attempts to keep roads safe for residents through various road safety campaigns, accidents still happen. Depending on the severity of the crash, a victim who survives is considered to be very lucky. A car accident is not only a traumatic experience for the victims involved but it can also leave loved ones with many unanswered questions. For example, when a victim who is typically the breadwinner of the house is recovering from serious injuries and cannot continue employment, the family may begin to wonder how it can fulfill all of its financial obligations. Receiving adequate compensation for injuries after being involved in a Wisconsin car accident is essential to making sure that you and your loved ones are cared for properly.
Wisconsin's Comparative Fault Rule
Prior to filing a personal injury lawsuit for injuries sustained in a Wisconsin car accident, it is important to determine who was at fault for the accident. Determining fault is crucial to calculating a victim's compensation eligibility. Wisconsin follows a comparative fault rule. This means that if it is found that the victim contributed to the accident, the amount of compensation for injuries will be decreased by the victim's percentage of fault. Thus, even if a victim is partially at fault for the accident, he or she may still be able to recover some money for injuries sustained.
Types of Compensation
Typically, the victim of a car accident is able to recover compensatory damages and punitive damages for injuries sustained in an accident. Examples of compensatory damages include:
- Costs associated with medical treatment;
- Loss of current and future income due to the accident;
- Cost of any loss of property due to the accident;
- Pain and suffering that occurs in the aftermath of the accident; and
- Emotional distress due to the accident.
Punitive damages may also be appropriate in cases where a tortfeasor's actions are exceptionally careless or egregious. Punitive damages serve to punish the tortfeasor for his or her actions and deter others from acting in a similar manner in the future. An award for punitive damages is calculated independent of compensatory damages.
Statute of Limitations
Filing a personal injury lawsuit in a timely manner is imperative to make sure that a victim receives compensation. Many states impose a “statute of limitations” or a time limit by which a suit should be filed. In Wisconsin, a victim of a car accident must file a personal injury lawsuit or settle his or her claim within three years from the date of the accident or he or she will lose the chance to recover for injuries sustained.
Contact a Wisconsin Car Accident Lawyer
Recovering compensation for injuries in the aftermath of an accident can be a harrowing process without the help of a compassionate and knowledgeable Appleton car accident lawyer. If you or a loved one has been the victim of a Wisconsin car accident, the attorneys at the Herrling Clark Law Firm Ltd. will focus on your case while you focus on recovering from your injuries. Contact us today. We also have offices located in Green Bay, New London, and Oshkosh.