You may get compensation from any individual who was legally negligent. This means you will have to prove that the person had the obligation to behave with ordinary care and did not, and that this neglect was the cause of your injury. You must prove that you suffered damages.
If you were injured due in part to your own carelessness, you can still collect if you were no more to blame than the other parties. If you were over 50 per cent responsible for your injury, you may not collect. If any person is responsible for less than half the fault, he or she must only pay on a percentage basis. If a person is 51 per cent or more responsible, he or she may be required to pay the entire compensation amount if the other parties cannot pay.
|Wisconsin Personal Injury Laws|
Statute of Limitations
|Damages Recoverable||Lost wages, future earning ability, medical expenses, property damage, pain and suffering, cost of household help|
|Strict Liability||Product manufacturer may be liable for injuries caused by a consumer product|
|Joint Liability||Any defendant that is found to be over 50% at fault is joint and severally liable for all damages
|Contributory Negligence||Modified contributed negligence: you may not recover damages if you are found to be 51% or more at fault, if you are found to be 50% or less at fault you may recover damages based on proportion of fault.|
If you were injured when using a consumer product, you may still be able to collect compensation. You will be required to prove that the item was being utilized according to its standard usage, that the item was defective, and that the defect made it very dangerous. You will also need to show that the defect caused your injury and that you received damages.
Under the state laws of Wisconsin, you may collect compensation from the liable party for disability or disfigurement that will be permanent. If you are no longer capable of earning the same amount of money that you earned before the injury, you can receive compensation. Medical fees that have occurred in the past, are occurring presently, or are expected to occur at a future time are also compensated. The responsible party must pay for the loss of money that took place when you were injured and unable to work, and for the cost of hiring help with the household chores. Any other cost that was a direct result of the injury is covered.
You will only have three years from the injury date in which to file a personal injury claim with the state of Wisconsin. Your lawyer can help you find expert witnesses to prove your claims about the damages.
Do not try to come to an agreement with an insurance adjuster until you have had time to talk with a Wisconsin personal injury lawyer. You will need to tell the liable party that you are seeking personal injury compensation from him or her.