In the wake of an accident or injury, it’s understandable to have numerous questions about your situation and your future. Who is ultimately responsible for your pain and suffering? How will you pay for the treatment you need? To help people facing questions like these, the Stevens Point personal injury lawyers at Habush Habush & Rottier S.C.® have provided the following list of frequently asked questions, along with their answers.
We hope that these FAQs provide you with the information you’re looking for. However, if they don’t, or if you’d like to discuss your unique case in greater detail with an experienced attorney, feel free to call us today at (800) 242-2874.
Though there is nothing to prevent you from pursuing your claim on your own, there is good reason to reconsider your options before doing so. Since the person or company that you will be pursuing your claim against will almost certainly defend themselves with the help of legal representation, you will need to develop a legal strategy capable of anticipating the nuances of their defense throughout the claims process. This can make even the strongest claims susceptible to legal challenge, which may translate to significantly less compensation in the end.
Though every case will carry a unique set of damages for which accident victims may potentially seek compensation, there are certain damages that are common to virtually all claims. Generally, accident victims may seek compensation for things like medical and rehabilitative bills, loss of income, and emotional trauma. However, the extent to which you may be able to pursue compensation for any of these damages will heavily depend upon the exact circumstances of your accident.
Personal injury claims must be filed within specified periods of time known as statutes of limitation. In Wisconsin, the statute of limitation for most personal injury claims is three years. As such, accident victims will have three years from the moment they learn of their injury—or should have reasonably been aware of their injury—to file their personal injury claims. Since there are exceptions to this general rule, it is a good idea to speak with an attorney to determine whether you are still eligible to file your claim. If you allow the statute of limitation that is applicable to your injury to eclipse, you will no longer be capable of recovering compensation for your injury.
As a modified comparative fault state, you may recover compensation for the injuries you sustained in the accident as long as you are not more at fault than the defendant. However, the amount of compensation that you will be able to recover with your claim will be reduced according to the degree of fault you are found to share with the defendant. For instance, if you were found to be 25% responsible for the accident, you would only be able to recover a maximum of 75% of your damages.
Virtually anything that documents the extent of your injuries, medical care, property damages, emotional trauma, and anything else directly related to your accident will be useful to you as you pursue your claim. With that in mind, the sooner you can begin collecting this information into a single place the better off you will be when you begin the legal process. In particular, you will want to have a copy of any citations that were given out by police, in addition to copies of any eyewitness reports that you can collect. In any case, your attorney will be able to help you begin the process of collecting and organizing this evidence in order to develop a strong legal strategy.