If you have suffered an injury, you have the right to make a claim against those responsible for causing you harm. Making a personal injury claim can seem overwhelming, and you may be unsure where to begin. There are many types of personal injury claims to consider.
Types of Personal Injury Claims
There are many types of personal injury claims. The most common include:
Medical Malpractice
Medical malpractice occurs when a healthcare provider fails to provide the proper standard of medical care. Likewise, medical malpractice can also occur if a healthcare provider fails to provide the necessary information for you to make an informed decision about your diagnosis or treatment, resulting in an injury.
Some common types of medical malpractice personal injury claims include:
- Birth injuries
- Misdiagnoses/ Late diagnoses
- Surgical errors
Medical malpractice cases are costly and can be challenging to successfully win at trial. It takes a law firm with medical knowledge, access to expert witnesses, the financial resources to build a compelling case, and trial experience to face a vigorous defense from insurance lawyers to obtain a fair outcome.
Wrongful Death
If someone is killed due to a “wrongful act, neglect, or default,” the personal representative of the deceased’s estate, who possesses the recovered amount, can initiate a wrongful death lawsuit against the party responsible. Additionally, certain surviving family members who relied on the deceased person financially can also bring such an action.
It is important to note the difference between a survivor action and an action for wrongful death. Generally, in a survivor action, the personal representative, on behalf of the estate, can recover the pre-death conscious pain and suffering of their loved one, the pre-death medical expenses, funeral, and burial expenses and pre-death loss of earning capacity (wage loss)
The purpose of a wrongful death claim is to provide compensation to the survivors for their loss of society, companionship, and financial losses resulting from lost wages, inheritance, and the value of household services. When encountering this tragedy, it is crucial to consult with an experienced attorney because Wisconsin statutes clearly define who can bring these claims and what can be recovered.
Nursing Home Abuse & Neglect
Residents of nursing homes and assisted living facilities are vulnerable to injuries caused by substandard care or neglect. The following factors can cause these injuries:
- Choking
- Medical mismanagement
- Malnourishment
- Preventable falls
We can assist in recovering fair compensation and promoting proper care for residents who have suffered injuries or experienced a decline in their health due to inadequate care.
Product Liability
If a dangerous or defective product has caused you injury, you may hold the manufacturer or seller of the product responsible for your injuries. Common types of product liability claims include:
- Medical devices such as defective hip implants
- Farm equipment injuries
- Child care products
- Pharmaceutical products
- Car defects
- Asbestos
Electrical Fires & Explosions
Negligence or carelessness frequently causes injuries resulting from explosions, electrical malfunctions, and fires. These cases require specialized analysis and a team of experienced attorneys, investigators, and expert witnesses to hold the responsible parties accountable for the often serious injuries arising out of these types of claims.
Auto Accidents
Auto accidents injure more than 2 million people annually in the U.S. and claim thousands of lives every year. Distracted and inattentive driving, speeding, and drunk driving are among the most common causes of auto accidents. Negligent drivers can seriously injure or kill pedestrians, bicyclists, other drivers, and their own passengers.
If another driver’s negligence caused your injury in an auto accident, you can hold them responsible for all damages you incur, including:
- Past and future medical bills
- Past and future pain and suffering
- Past and future loss of earning capacity
- Property damage
Our team of experienced trial attorneys can handle all aspects of your automobile accident claim. We are often able to resolve your claim without a lawsuit but have the experience and resources to do what is necessary, including taking your case to trial, to get you fair compensation for your damages.
Premises Liability
When a person gets injured on someone else’s property, whether it’s a private residence or a building open to the public, they can experience premises liability. For example, if a property owner fails to salt an icy driveway or parking lot, and you fall and break your leg. Wisconsin’s premises liability law says the property owner may be responsible for your injuries. Furthermore, Wisconsin’s safe place statute requires employers to provide places of employment that are safe for employees and frequenters of the premises and must adopt and use methods and processes “reasonably adequate” to render such employment and places of employment safe.
Every employer, owner of a place of employment, and owner of a public building must repair or maintain their premises as to render it safe. If you sustain an injury and you believe a property owner is responsible, it is advisable to reach out to an experienced personal injury lawyer who can investigate and evaluate your claim
It is important to document the location and cause of your injuries with photographs taken as quickly as possible following your injury. It is also important to make a report of the injury to the property owner and gather the names and contact information of any witnesses to your injury or the condition that caused it. Talking to an experienced attorney can help you determine your rights and the proper steps to take to protect your claim.
Injuries Caused by Dogs & Other Animals
Dogs and other animals cause injuries to approximately five million people each year in the U.S. Many dog bite injuries require medical attention and/or hospitalization. The owner, harborer, and keeper of a dog bears responsibility for any damages caused by the dog. In certain situations, the dog’s owner can be held responsible for twice the total damages caused. Our lawyers have successfully sought recovery for many victims of animal-caused injuries, including dogs, but also caused by cats, horses and cows, among others.
Vaccination Injuries
While injuries from vaccines are extremely rare, both children and adults can occasionally experience serious harm either dur to a reaction to the vaccinie or the manner in which the vaccination was administered (known as SIRVA). If you believe that you have suffered from a reaction from a vaccination, our experienced vaccine attorneys can help you determine whether you have a claim for compensation under a federal program for injured persons. You may be able to recover your out of pocket expenses, lost wages and pain and suffering.
Statute of Limitations
In Wisconsin, generally the Statute of Limitations for personal injury claims is three years. However, there are some important exceptions:
- You must initiate a legal action within 2 years from the time the cause of action arises if you want to seek compensation for a death resulting from an accident involving a motor vehicle, which occurred due to someone else’s wrongful act, neglect, or default.
- Claims against municipalities or the State of Wisconsin are subject to very strict notice requirements. If you are the victim of negligence and a municipality or the State of Wisconsin is responsible, specific timelines are enforced. It is imperative you consult with an experienced attorney as soon as possible to protect your claim.
What Can I Recover?
If you have been injured, financial recovery may include:
- Past and Future Medical Bills – The law allows you to recover the original billed amount of the medical bills, not what you or your insurance company paid. Also, you may be entitled to recover the cost of future medical treatment that your doctor recommends.
- Past and Future Loss of Earning Capacity – This item of damages reimburses you for the lost wages you suffered or will suffer because of your injuries.
- Pain, Suffering, Disability, and Disfigurement – This item of damages compensates you for the physical pain, humiliation, embarrassment, worry, distress, and disfigurement caused by your injuries. This includes scarring from your injury.
- Property Damage – This item of damages reimburses you for damages to personal property, including, for example, the market value of a motor vehicle, repair costs, loss of use of a motor vehicle, and the diminished value of the motor vehicle.
- Loss of Consortium (Spouse or Minor Child) – This is defined as the love and affection, the companionship and society, the comfort, aid, advice and solace, the rendering of material services, the right of support, and any other elements that normally arise in a close, intimate, and harmonious marriage relationship. A parent can recover for the loss of love, affection, care, and protection the parent would have received from the child had the child not been injured.
For some types of claims the legislature has institute a cap on aspects of the recovery:
- Wrongful Death Loss of Society and Companionship (Spouse or Minor Child): The legislature has limited the damages an injured person or their heirs can recover for loss of society and companionship of a loved one who is an adult to $350,000 and $500,000 for a child. This does not limit the other types of damages available resulting from the death of a loved one.
- Medical Malpractice: In medical malpractice claims the Wisconsin legislature has instituted a cap on non-economic damages (such as for pain and suffering) of $750,000. This does not limit the economic damages, for example, for past and future medical bills and past and future loss of earning capacity.
- Municipalities: Claims against municipal and state governments are subject to damages caps of $50,000 and $250,000. It is important to consult with an experienced attorney when you believe the State of Wisconsin or another governmental agency is responsible for your injuries because of the strict notice requirements, caps on damages, and governmental immunity.
Preparing For A Personal Injury Claim
If you have been involved in a personal injury case, you should work to obtain as much evidence about the incident as possible. This includes:
- Police Reports
- Property Damage Photos
- Property Damage Estimates
- Medical Bills and Records
- Witness Information
- Photos of Injuries
- Photos of Location of Injury
- Wage Loss documentation.
This may require working directly with your employer to document time off due to injury as well as cooperating with a doctor to document time off.
Working with Habush Habush & Rottier
Injury cases are very complex. For victims and their families, it can be especially difficult to deal with the calls and forms from insurance companies. Experienced adjusters may pressure victims and provide incorrect information, discouraging them from hiring an attorney. Injured persons should be cautious when talking to adjusters and investigators without an experienced personal injury lawyer’s advice.
Consulting a personal injury lawyer early on can enhance your chances of a fair and just recovery. Various parties, including medical providers, health insurance companies, auto insurance adjusters, and insurance agents, may offer incomplete information regarding your medical bills and damages. A proficient personal injury lawyer will evaluate your situation and position you for a complete and equitable recovery.
When you work with a Habush Habush and Rottier attorney, you get a team of experts who exclusively practice personal injury on behalf of injured parties and their loved ones. While most cases can be settled without filing a lawsuit, it is sometimes necessary to file a lawsuit to make a fair recovery. To do this, you must have an experienced personal injury attorney at your side. Our attorneys fight for what’s right and will take your case to trial if necessary. If you have been involved in a personal injury case, reach out to the Habush Habush and Rottier team. We can help. Contact us today.