Understanding Wisconsin Injury Laws: Filing Lawsuits and Claiming Compensation

As a resident of Wisconsin, you need to understand the state’s injury-related laws. Knowledge of the state’s laws on insurance claims and compensation in personal injury lawsuits is important.

It’s vital to know how to go about claiming injury-related compensation. It’s also critical to know the various penalties that relate to injury offenses. Here is an overview of Wisconsin’s injury laws and the various claims that relate to injury concerns.

How to File an Injury Lawsuit in Wisconsin

It’s crucial to understand that all state laws have limitation statutes. The statutes state the time limit for one to file a lawsuit in case of an injury.

For instance, the Wisconsin statutes for personal injury lawsuits is three years. This means that you have to file a personal injury case within three years. It’s important to report the harm as soon as it happens considering that after three years, chances are higher that your case will not be heard.

Details about the filing limits are provided in Section 893.54 of the statutes. Nonetheless, not all personal injury claims are subject to the statutes of limitation. For example, medically induced injuries don’t have to be filed within three years. Injuries resulting from medical malpractice normally have an extensive time limit for filing the report.

Various Types of Injury Laws

Shared Fault Law: As a citizen of Wisconsin, it’s important to understand the legislation relating to shared offenses. The shared offender might blame you for the accident. This can impair your ability to recover deserved compensation. Wisconsin laws employ what is referred to as “comparative fault” legislation. This rule guarantees that even if you are partially at fault, you can still earn compensation and recover from the injury. The comparative fault law outlines that the compensation due to you reduces in percentage based on your share of the fault. For instance, if the total loss of the accident is $5,000 and you are liable for 20 percent of the total loss, you are entitled to $4,000. The money is paid by the other party (shared offender). In this case, you get the compensation that you fully deserve.

Dog Bite Liability Law: Wisconsin injury laws governing dog attack liability are a little different from most other states. The owner of the dog is fully responsible for his or her dog’s behavior. This means that the owner can be held accountable for bites and attacks made by his or her dog. Under Section 174.02 of the statutes, you have the right to sue the dog owner in case of a personal injury inflicted by a dog.

Lawsuit Against the Government: If you are filing a lawsuit against the state or municipality, it’s important to understand a few things. You should know that you have a time limit of 120 days to file the case. You at least need to make a written report within three months of the injury. Once your case is filed, you can make follow-ups on the case and demand compensation as required.

Understanding the Damage Caps

Wisconsin has complex legislation that covers injury cases. To begin with, the noneconomic damage cap covers medical malpractice injury cases. This includes compensation for suffering and pain resulting from medical accidents.

Many times, you can get up to $750,000 in compensation. Additionally, the punitive damage cap covers outrageous conduct by the defendants. In such a case, you might receive up to $200,000 in compensation for willful negligence or malice. Punitive damages are not easily recoverable.

Conclusion

Overall, Wisconsin injury laws are straightforward. All residents of the state need to understand the various rules pertaining to personal injury. It’s important that you get the compensation that befits you.

 

Sources

https://www.claimsjournal.com/news/national/2013/09/05/235755.htm

https://en.wikipedia.org/wiki/Non-economic_damages_caps