Your Trusted Wisconsin Personal Injury Lawyers
Securing Compensation for Wisconsin Personal Injury Victims
Wisconsin Personal Injury Lawyer: Your Guide to Personal Injury
Accidents happen every day of the week in Wisconsin, affecting numerous accident victims who may sustain serious injuries. People slip and fall, sustain dog bites, or are involved in car accidents, often resulting in serious injury. Injury victims often have no idea how to access medical care and what their options may be to pay for it. If you are hurt in an accident, call Fitzpatrick, Skemp & Butler, LLC. We are a team of Wisconsin personal injury lawyers committed to protecting your legal rights. As one of the best personal injury law firms in Wisconsin, our extensive experience and proven results set us apart as a top choice for those seeking justice.
As one of the leading law firms in the area, we have grown significantly while maintaining a focus on high-quality, personal service to our clients. Contact us and we can explain the personal injury claims process. Our Eau Claire office is conveniently located and accessible for local clients. We will also outline our “no win no fee” promise, which makes speaking with one of our Wisconsin personal injury lawyers the smart thing to do. Take advantage of a free case evaluation to discuss your situation with our team.
Before choosing a lawyer, consult the State Bar of Wisconsin to confirm that they are licensed and in good standing.
About Fitzpatrick, Skemp & Butler, LLC
At Fitzpatrick, Skemp & Butler, LLC, we are dedicated to providing exceptional legal representation to individuals and families affected by personal injuries in Wisconsin. We are especially committed to representing personal injury clients and injured clients throughout Wisconsin, ensuring their needs are prioritized and their rights are protected. We are particularly committed to representing victims who have suffered a serious injury due to accidents. Our team of experienced personal injury attorneys is committed to protecting the rights of our clients and fighting for the compensation they deserve. With decades of combined experience, our law firm has a proven track record of success in handling a wide range of personal injury cases, from car accidents and slip and fall accidents to dog bites and other types of accidents. A reputable personal injury lawyer typically focuses solely on injury law and does not have too many specialties, and our firm is proud to specialize exclusively in personal injury matters. We understand the physical and emotional toll that personal injuries can take on our clients, and we are dedicated to helping them navigate the complex legal process and achieve a successful outcome.
What is Personal Injury Law?
Personal injury law, also known as tort law, is a branch of civil law that addresses cases where an individual suffers physical or emotional harm due to the negligence or wrongdoing of another party. In Wisconsin, personal injury law provides a legal framework for injury victims to seek compensation for their losses, including medical bills, lost wages, and pain and suffering. Personal injury law often involves proving another’s negligence or someone else’s negligence to establish liability and recover compensation for injuries caused by that party’s breach of duty.
Personal injury cases can arise from various situations, such as car accidents, slip and fall incidents, medical malpractice, product liability, and workplace accidents. The primary goal of personal injury law is to hold the responsible party accountable and ensure fair compensation for the injured individual. Identifying negligent parties is a key step in pursuing compensation, as it allows your attorney to focus on those who are legally liable for your injuries.
In Wisconsin, personal injury law is governed by specific statutes and regulations that outline the rights and responsibilities of both injury victims and defendants. For instance, Wisconsin law mandates that injury victims file their claims within a certain timeframe, known as the statute of limitations, to be eligible for compensation.
Personal Injury Law Firms Play A Crucial Role
Personal injury law firms, like Fitzpatrick, Skemp & Butler, LLC, play a crucial role in helping injury victims navigate the complex legal process. These firms employ experienced Wisconsin personal injury lawyers who have a deep understanding of personal injury law and a proven track record of success in handling personal injury cases.
If you or a loved one has been injured due to the negligence or wrongdoing of another, it is essential to seek the advice of a qualified Wisconsin personal injury lawyer. A personal injury attorney can help you understand your rights and options, gather evidence to support your claim, and negotiate with insurance companies to achieve a fair settlement. Evidence gathering and investigation are crucial steps in establishing a personal injury case and proving negligence.
Common Types of Personal Injury Cases in Wisconsin
Some common types of personal injury cases in Wisconsin include:
- Car Accidents: Car accidents are a leading cause of personal injury in Wisconsin. If you have been injured in a car accident, a personal injury attorney can help you seek compensation for your losses, including medical bills, lost wages, and pain and suffering.
- Slip and Fall Accidents: Slip and fall accidents can occur in various settings, such as grocery stores, restaurants, and public buildings. If you have been injured in a slip and fall accident, a personal injury attorney can help you seek compensation for your losses.
- Medical Malpractice: Medical malpractice occurs when a healthcare provider fails to provide adequate care, resulting in injury or harm to a patient. If you have been injured due to medical malpractice, a personal injury attorney can help you seek compensation for your losses.
- Product Liability: Product liability arises when a defective product causes injury or harm to a consumer. If you have been injured due to a defective product, a personal injury attorney can help you seek compensation for your losses.
In each of these cases, a personal injury attorney can help you navigate the complex legal process and achieve fair compensation for your losses. By seeking the advice of a qualified personal injury attorney, you can ensure that your rights are protected and that you receive the compensation you deserve for your losses. The personal injury claim process in Wisconsin begins with filing a claim against the at-fault party’s insurance provider.
Personal injury law is complex and requires a deep understanding of Wisconsin statutes and regulations. A qualified personal injury attorney can help you understand your rights and options and ensure that you receive the compensation you deserve for your losses.
If you or a loved one has been injured due to the negligence or wrongdoing of another, don’t hesitate to seek the advice of a qualified Wisconsin personal injury lawyer. A personal injury attorney can help you navigate the complex legal process and achieve fair compensation for your losses.
Types of Personal Injury Cases Handled by Fitzpatrick, Skemp & Butler, LLC
Our Wisconsin personal injury lawyers have decades of combined experience helping anyone injured due to:
- Auto accidents: We have developed a deep knowledge of motor vehicle accidents, including those resulting from a car crash caused by negligent motorists. We can also help someone hurt by a drunk driver. Other cases we handle include: ATV accidents, rear-end collisions, and fatal car accidents. Each personal injury case is unique, with its own complexities and individual circumstances that can affect its value and resolution. After a car crash, it is important to have legal representation to protect your rights. We are dedicated to providing strong legal advocacy for those who have suffered a serious injury.
- Truck Accidents: Claims involving truck accidents are complex, and pursuing a legal claim requires experienced guidance. You don’t have to face insurance companies alone. Our Wisconsin truck accident lawyers are skilled, experienced, and committed to justice. We handle all types of truck accidents, ensuring you get the compensation you deserve.
- Animal bites, injuries & attacks: We can help anyone bitten, injured, or attacked by a dog or other animal. Dog owners in Wisconsin can be held liable for injuries caused by their dogs, regardless of whether the dog has a history of aggression.
- Bicycle** & pedestrian accidents:** Any cyclist or pedestrian struck by a car could suffer serious personal injury.
- Slip and Fall/Premises liability claims: Property owners should keep their premises safe for visitors. Businesses especially need to ensure that their premises are not dangerous if they conduct business with the public.
- Nursing home neglect & abuse: Nursing home residents have been injured due to understaffing, medication errors, or physical abuse. We have helped people bring legal claims for bed sores, neglect, malnutrition, and abuse.
- Wrongful death: Some accident victims, unfortunately, perish from their injuries. A wrongful death claim compensates family members for the loss of a loved one.
We handle personal injury lawsuits for clients seeking to recover compensation after serious accidents.
If you were hurt in any type of accident, call us. We can review your case during a free consultation.
Understanding Personal Injury Law in Wisconsin
Personal injury law in Wisconsin is designed to protect the rights of individuals who have been injured due to the negligence or wrongdoing of another party. Under Wisconsin law, individuals who have been injured in an accident or as a result of someone else’s negligence may be entitled to compensation for their medical bills, lost wages, and pain and suffering. However, the process of obtaining compensation can be complex and time-consuming, and it is often necessary to work with an experienced personal injury attorney to ensure that your rights are protected. It is crucial to seek legal advice to understand your rights and options under Wisconsin personal injury law.
At Fitzpatrick, Skemp & Butler, LLC, our team of Wisconsin personal injury lawyers is dedicated to helping our clients understand their rights and options under Wisconsin personal injury law. Our team is particularly skilled in handling cases involving serious injury, ensuring that our clients receive the compensation they deserve. Wisconsin personal injury lawyers should have specific experience in the type of case, a proven track record of settlements and verdicts, strong trial skills, excellent communication, and sufficient firm resources.
When choosing legal representation, it is important to hire an experienced personal injury lawyer with a proven track record to maximize your chances of a successful outcome.
Personal Injuries
Prospective clients come to our firm to seek compensation for the pain, lost income, and inconvenience they suffered as a result of their injuries. Accidents can cause a variety of injuries to which a claim must be filed for the victim to receive full compensation. It is crucial to focus on both physical and emotional recovery after an injury, as emotional trauma can significantly impact the healing process, allowing individuals to prioritize their healing process while we handle the complex legal aspects of their case, relieving the stress often associated with navigating insurance claims. Injuries may include:
- Fractures
- Head injuries (including brain trauma, especially in motorcycle accidents, which can have severe and lasting effects)
- Neck injuries, including whiplash
- Concussions and traumatic brain injuries
- Nerve damage
- Back injuries (including spinal cord injuries, which can result in long-term impacts such as paralysis and significant medical and legal consequences)
- Herniated discs
- Strains and sprains
- Chronic pain
- Spinal cord injury
- Chest injuries
- A collapsed lung
- Amputations
- Burns
- Internal injuries (which are often serious, can lead to long-term disability, and may not be immediately apparent after an accident)
These injuries vary in severity. Serious injuries will require intensive medical care and rehabilitation. Many of our clients spend substantial amounts of time going to medical appointments and dealing with debilitating pain and depression from their injuries. Serious injuries could also leave someone with permanent disabilities that will affect them for the rest of their life. Medical costs for treating these injuries can be substantial, often running into thousands or even millions of dollars depending on the severity.
Many injuries cause serious repercussions, including emotional distress, and financial burdens. Let an experienced Wisconsin personal injury lawyer review the facts of your case to determine how to proceed with your personal injury claim and ensure fair compensation. Serious injury cases require intensive medical care and strong legal representation to ensure fair compensation.
Wrongful Death
Losing a loved one due to someone else’s negligence or intentional actions is a devastating experience that no family should have to endure. In Wisconsin, wrongful death claims provide a legal avenue for surviving family members to seek justice and recover damages when a family member’s death is caused by another’s negligence. Whether the loss resulted from car accidents, motorcycle accidents, trucking accidents, medical malpractice, or workplace incidents, an experienced personal injury attorney can help you navigate this challenging time.
The legal process for wrongful death claims can be complex, with strict statutes of limitations—generally two years from the date of death in Wisconsin. It is crucial to consult with a knowledgeable injury lawyer as soon as possible to ensure your rights are protected and all deadlines are met. A reputable law firm with a strong personal injury practice will guide you through every step, from gathering evidence and building a compelling case to negotiating with insurance companies and, if necessary, representing you in court.
Wrongful death claims can help families recover damages for a range of losses, including medical expenses incurred before death, lost wages and future earnings, and non-economic damages such as emotional distress and loss of companionship. An experienced personal injury attorney will work tirelessly to secure the maximum compensation available, allowing you to focus on healing while they handle the legal complexities. If you have lost a family member due to another’s negligence, don’t hesitate to reach out to a law firm that specializes in personal injury law and wrongful death claims. Their expertise can make a significant difference in your ability to recover damages and find some measure of justice during a difficult time.
Establishing Fault for Your Accident
We must prove who was at fault to bring a personal injury claim against the negligent party. In some accidents, it’s not clear who is to blame. Proving fault is especially crucial in cases involving serious injury, where the stakes are high for the victim.
It is also crucial to understand the statute of limitations for filing a personal injury lawsuit, as it varies by state and underscores the urgency of these cases.
Our lawyers are experienced at gathering the evidence needed to obtain compensation. For example, we usually rely on:
- Eyewitness testimony. Anyone who saw the accident can explain what happened, which helps us outline the facts accident and who is at fault for the accident.
- Witness statements. Statements from individuals who observed the incident are key for establishing fault and supporting your claim.
- Physical evidence. Evidence from a crash scene can establish fault.
- Defense statements. The person who injured you may have made admissions that we can use as part of your case. For example, a driver could admit they were using their phone when they slammed into you.
- Chemical tests. We can use the results of a breathalyzer or urine test if you are struck by an intoxicated or impaired driver.
After gathering evidence, you must notify the at-fault party’s insurance provider promptly after an accident.
Wisconsin recognizes comparative fault. Under Section 895.045 of the Wisconsin statutes, you are not barred from compensation simply because you were negligent. You can seek compensation if you were not more at fault than the defendant. However, your compensation is reduced proportionally. (i.e., someone who is 40% at fault will receive 40% less in compensation) However, if you are more than 50% to blame, your compensation will be reduced to zero.
What to Do After a Personal Injury Accident
If you or a loved one has been involved in a personal injury accident, it’s essential to take the right steps to protect your rights and ensure you receive fair compensation. Here are some steps to take after a personal injury accident:
- Seek Medical Attention Immediately: Even if you think your injuries are minor, it’s crucial to see a doctor as soon as possible. This will help prevent further injury and provide a medical record of your injuries.
- Report the Accident: If the accident occurred in a public place, such as a store or on the road, report it to the authorities or the property owner.
- Gather Evidence: Take photos of the accident scene, your injuries, and any damage to property. Also, collect contact information from any witnesses.
- Contact a Personal Injury Lawyer: A Wisconsin personal injury lawyer can help you navigate the complex process of filing a personal injury claim and ensure you receive fair compensation.
- Keep a Record: Keep a record of your medical treatment, including appointments, medications, and any correspondence with your doctor.
Taking these steps can significantly impact the outcome of your personal injury claim. A Wisconsin personal injury lawyer will guide you through the process, ensuring your rights are protected and you receive the compensation you deserve.
The Injury Claim Process
The injury claim process in Wisconsin typically begins with a free consultation with a personal injury attorney to understand the legal process. During this consultation, the attorney will review the facts of your case and help you understand your options for pursuing compensation. If you decide to move forward with a claim, your attorney will work with you to gather evidence and build a strong case on your behalf. This may involve negotiating with the insurance company, filing a lawsuit, and presenting your case in court. At Fitzpatrick, Skemp & Butler, LLC, our team of experienced personal injury attorneys is dedicated to guiding our clients through every stage of the injury claim process and fighting for the compensation they deserve. Our team is experienced in handling complex cases involving serious injury, ensuring that our clients receive the compensation they deserve.
Statute of Limitations for Personal Injury Claims
In Wisconsin, the statute of limitations for personal injury claims is three years from the date of the accident. This means that you have three years to file a lawsuit against the responsible party. If you fail to file a lawsuit within this timeframe, you may be barred from seeking compensation.
However, there are some exceptions to the statute of limitations. For example, if the accident involved a minor, the statute of limitations may be tolled until the minor reaches the age of 18. Additionally, if the accident involved a government entity, the statute of limitations may be shorter.
It’s essential to consult with a Wisconsin personal injury lawyer to determine the statute of limitations for your specific case. Understanding these time constraints is crucial to ensuring you do not miss the opportunity to file your personal injury claim and secure the compensation you deserve.
Benefits of Hiring a Personal Injury Lawyer
Hiring a personal injury lawyer can significantly improve your chances of receiving fair compensation for your injuries. A skilled Wisconsin personal injury lawyer can help you navigate the complex legal process with their legal expertise and ensure that your rights are protected. Personal injury lawyers have extensive knowledge of Wisconsin personal injury law and can help you understand your options and the best course of action.
One of the primary benefits of hiring a personal injury lawyer is their ability to gather evidence, interview witnesses, and build a strong case to support your claim. This allows you to focus on your physical and emotional recovery while your lawyer handles the legal aspects of your case. Additionally, personal injury lawyers work on a contingency-fee basis, meaning you only pay if you win your case. This arrangement ensures that your lawyer is motivated to secure the best possible outcome for you.
Negotiating with insurance companies can be challenging, but a personal injury lawyer can help you navigate these negotiations and ensure that you receive the maximum compensation possible. With a personal injury lawyer on your side, you can have peace of mind knowing that your case is being handled by a professional who is dedicated to protecting your rights and securing the compensation you deserve.
What to Expect from a Personal Injury Claim
A personal injury claim can be a lengthy and complex legal proceedings, but with the right lawyer, you can navigate it with ease. The first step in a personal injury claim is to file a complaint with the court, which will initiate the legal process. Your lawyer will then gather evidence, interview witnesses, and build a strong case to support your claim.
The next step is to negotiate with the insurance company to reach a settlement. This process can take several months or even years, depending on the complexity of the case and the willingness of the insurance company to offer a fair settlement. If a settlement cannot be reached, your case may go to trial, where a judge or jury will decide the outcome.
Throughout the process, your lawyer will keep you informed and up-to-date on the progress of your case. With a personal injury lawyer, you can expect to receive personalized attention and representation throughout the entire process. Your lawyer will work tirelessly to ensure that you receive the maximum compensation possible for your injuries, allowing you to focus on your recovery.
Common Causes of Personal Injury Accidents
Personal injury accidents can occur in a variety of ways, often resulting in serious injuries. Car accidents are one of the most common causes of personal injury accidents in Wisconsin, frequently caused by distracted drivers engaging in activities such as texting or talking on the phone. These accidents can result in significant physical and emotional trauma, as well as financial burdens.
Slip and fall accidents can occur anywhere, from grocery stores to sidewalks, and can result in serious injuries. Dog bites are another common cause of personal injury, often leading to both physical and emotional trauma. Medical malpractice can occur when a healthcare professional fails to provide adequate care, resulting in serious injuries or even death.
Product liability cases arise when a defective product causes harm to a consumer, leading to serious injuries or fatalities. Workplace accidents can occur in any industry, from construction to manufacturing, and can result in severe injuries. Truck accidents can be particularly devastating, often resulting in serious injuries or death. Bicycle accidents, where a cyclist is struck by a vehicle, can also lead to significant injuries.
Many clients have suffered injuries due to these common causes. Understanding the common causes of personal injury accidents can help you take precautions to avoid them. However, if you do suffer an injury, a personal injury lawyer can help you navigate the legal process and seek the compensation you deserve.
Many personal injury law firms in Wisconsin have a track record of recovering significant settlements and verdicts for their clients.
Valuing a Personal Injury Case
Valuing a personal injury case can be complex and requires the expertise of a Wisconsin personal injury lawyer. The value of a personal injury case depends on several factors, including:
- The Severity of the Injuries: More severe injuries, such as those requiring surgery or resulting in permanent disability, are typically worth more than minor injuries.
- Medical Expenses: The cost of medical treatment, including hospital stays, surgeries, and rehabilitation, as well as current and future medical costs, can significantly impact the value of a personal injury case. Medical costs are often a major factor in determining the compensation you may receive, especially for injuries like traumatic brain injuries.
- Lost Wages: If you were unable to work due to your injuries, you may be entitled to compensation for lost wages.
- Pain and Suffering: The emotional and physical pain and suffering you experienced as a result of the accident can also impact the value of your case.
- Liability: The degree of liability of the responsible party can also impact the value of your case.
You may be able to recover financial compensation for these losses through a personal injury claim.
A Wisconsin personal injury lawyer can help you determine the value of your case and negotiate with the insurance company to ensure you receive fair compensation. By understanding these factors, you can better navigate the complexities of your personal injury claim and achieve a favorable outcome. Personal injury lawyers in Wisconsin often work on a contingency fee basis, meaning clients pay only if they win their case.
Damages: What Compensation Can You Receive?
A settlement should cover the cost of your injuries, providing financial compensation for medical care, lost income, and other damages. That means paying for medical care, replacing lost income, and repairing any damaged property. You should also receive fair compensation for pain and other subjective losses. Our Wisconsin personal injury attorneys seek damages for economic and non-economic losses. As a dedicated personal injury law firm, we specialize in representing clients who have been injured due to negligence and are committed to helping you recover compensation for your losses. In cases of serious personal injuries, it is crucial to seek comprehensive compensation to cover all aspects of the victim’s recovery. Many personal injury attorneys in Wisconsin offer free consultations to discuss potential cases.
Economic damages
Anyone suffering a bodily injury will have certain out-of-pocket expenses. These are economic damages, such as:
- Medical care to treat your injuries, including all related medical expenses.
- Future medical care to treat permanent injuries and disabilities.
- Lost wages or lost self-employment income
- Loss of earning capacity for long-lasting injuries
- Property damage, like damage to your car or bicycle
Serious injury cases often involve significant economic damages due to extensive medical care and lost income.
Non-economic damages
Compensation is not limited to out-of-pocket expenses. We can also seek compensation for certain non-economic losses, usually called “pain and suffering,” which include:
- Physical pain
- Emotional distress, including emotional suffering caused by the injury
- Loss of enjoyment of life
- Depression
Non-economic damages are particularly important in serious injury cases, where the victim’s quality of life is significantly affected.
Lawyers prove their value by how aggressively they negotiate for pain and suffering compensation. Unlike economic losses, which we prove with a pay stub or bill, non-economic losses are subjective. Your choice of attorney will make an enormous difference in whether you receive a favorable settlement.ses are subjective. Your choice of attorney will make an enormous difference in whether you receive a favorable settlement.
Punitive damages
You might also qualify for punitive damages. Juries award punitive damages to punish a defendant for malicious conduct or for intentionally disregarding your rights. These damages are not available in all cases, especially those where the defendant was merely careless. If the defendant acted with intent or malice, then we can request them. In cases of serious injury caused by malicious conduct, punitive damages may be sought to hold the defendant accountable.
Wisconsin caps punitive damages to $200,000 or double your compensatory damages, whichever is greater. If you received $40,000 in compensatory damages, the maximum you can receive is $200,000. Our law firm will consider whether to seek punitive damages based on the facts of the case.
Trial vs. Settlement
In a personal injury case, you may have the option to settle with the insurance company or take your case to trial. A settlement is a negotiated agreement between you and the insurance company, while a trial involves presenting your case to a judge or jury.
Here are some factors to consider when deciding between a trial and a settlement:
- Time: A trial can take several months or even years to resolve, while a settlement can be reached much more quickly.
- Cost: A trial can be expensive, as you’ll need to pay for court costs, expert witnesses, and other expenses. A settlement, on the other hand, typically involves no upfront costs.
- Risk: A trial involves risk, as there’s no guarantee you’ll win your case. A settlement, on the other hand, provides a guaranteed outcome.
- Compensation: A trial may result in higher compensation, but it’s also possible that you could receive less than what you’re offered in a settlement.
A Wisconsin personal injury lawyer can help you weigh the pros and cons of a trial vs. settlement and make an informed decision about your case. With their guidance, you can choose the best path to secure the compensation you deserve for your injuries.
You Can Afford Our Services
The lawyers at Fitzpatrick, Skemp & Butler, LLC do not charge upfront legal fees. When you hire us, we agree to represent you on a contingency fee basis. That means we only get paid if we win your case—and we get paid nothing if we lose. It is really that simple.
There is also no risk of contracting us to discuss your case. Many people who think their injuries are “minor” are surprised to learn that they may be eligible for compensation. Let us review the facts to see if making a personal injury claim is the right choice for y
Conclusion
In conclusion, if you or a loved one has suffered serious injuries or experienced the tragic loss of a family member due to someone else’s negligence, it is essential to seek the guidance of an experienced personal injury attorney. Navigating a personal injury claim can be overwhelming, especially when dealing with medical bills, lost wages, and the emotional toll of an accident. A dedicated law firm with a proven track record in personal injury cases can help you understand your rights, manage the legal process, and fight for the maximum compensation you deserve.
Don’t let the complexities of the legal system or the tactics of insurance companies prevent you from seeking fair compensation. Take advantage of a free consultation to discuss your case with a skilled injury lawyer who can provide honest advice and strong representation. With the support of an experienced personal injury attorney, you can focus on your recovery while your legal team works to secure fair compensation for your losses. Remember, you have the right to seek compensation, and with the right law firm by your side, you can achieve justice and move forward with confidence.
Contact Our Wisconsin Personal Injury Lawyer for a Free Consultation!
The process of obtaining meaningful compensation is confusing for many people, making it essential to seek legal advice. We can remove the mystery. At Fitzpatrick, Skemp & Butler, LLC our legal team has helped many people bring claims for accident injuries.
Call 608-784-4370 as soon as possible to preserve your legal rights. Wisconsin law grants accident victims only three years to file a lawsuit based on a personal injury; wrongful death cases have a shorter timeline. Additionally, there are many things that occur in the days and weeks immediately after the accident, which can affect your settlement (even if your settlement will not happen for many months) Contact us before you lose your right to pursue your injury case. Contact us today to discuss your serious injury case and learn how we can help you secure the compensation you deserve.
Call 608-784-4370 now, visit our contact page, or use the phone number provided—our team is ready to assist you immediately with your personal injury case.
Frequently Asked Questions About Personal Injury in Wisconsin
Q. What is the statute of limitations for personal injury claims in Wisconsin?
A. In Wisconsin, the statute of limitations for most personal injury claims is three years from the date of the injury or accident, according to Wisconsin Statute § 893.54. This deadline applies to cases involving car accidents, slip and falls, and other negligence-based injuries. Certain exceptions may exist, such as for claims against government entities or when injuries are discovered later. Failing to file within this timeframe can prevent you from recovering compensation. A Wisconsin personal injury attorney at Fitzpatrick, Skemp & Butler, LLC, can review your situation to confirm applicable deadlines and ensure your claim is filed timely to protect your rights.
Q. Can I recover compensation if I was partially at fault for my injury in Wisconsin?
A. Yes, Wisconsin follows a modified comparative negligence rule under Wisconsin Statute § 895.045. You can still pursue a personal injury claim if your fault is 50% or less, though any awarded compensation will be reduced by your percentage of responsibility. If your fault exceeds 50%, recovery is generally barred. Our personal injury lawyers at Fitzpatrick, Skemp & Butler, LLC, investigate accidents thoroughly to challenge unfair fault allocations, gather evidence, and advocate for the lowest possible fault percentage to maximize your recovery.
Q. What types of damages can a Wisconsin personal injury lawyer help me recover?
A. A Wisconsin personal injury lawyer can seek economic damages such as medical expenses, lost wages, future medical care, rehabilitation costs, and property damage. Non-economic damages may include pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium. In cases involving reckless or intentional conduct, punitive damages may also apply. Wisconsin law allows for these recoveries when negligence or wrongdoing causes harm. The personal injury attorneys at Fitzpatrick, Skemp & Butler, LLC, calculate your full losses comprehensively and fight to secure fair and complete compensation.
Q. How soon should I contact a personal injury attorney after an accident in Wisconsin?
A. It’s best to contact a personal injury attorney as soon as possible after an accident in Wisconsin, ideally within days or weeks. Early involvement helps preserve evidence, obtain witness statements, secure accident reports, and prevent insurance companies from obtaining statements that could harm your claim. Prompt action also ensures compliance with statutes of limitations and allows for better medical documentation. At Fitzpatrick, Skemp & Butler, LLC, our Wisconsin personal injury lawyers offer free consultations to guide you immediately, with no obligation or upfront fees.
Q. Do I need a personal injury lawyer if the insurance company offers a settlement in Wisconsin?
A. Yes, consulting a personal injury lawyer is highly recommended before accepting any settlement offer in Wisconsin, as initial offers often undervalue claims by not fully accounting for long-term medical needs, lost future earnings, or non-economic damages. Insurers may use pressure tactics or incomplete information. A lawyer can evaluate the offer’s fairness, negotiate for higher amounts, and pursue litigation if necessary. The personal injury lawyers at Fitzpatrick, Skemp & Butler, LLC, review settlement proposals carefully and advocate for the maximum compensation you deserve, typically on a contingency basis.
Q. What should I do immediately after being injured in an accident in Wisconsin?
A. After an injury in Wisconsin, prioritize safety and seek medical attention right away, even for seemingly minor issues, as prompt treatment creates essential documentation for your claim. Report the incident to authorities if required (such as for car accidents), document the scene with photos, gather witness information, and avoid admitting fault or giving detailed statements to insurers without advice. Notify your own insurance company as needed. These steps help build a strong case. A Wisconsin personal injury attorney at Fitzpatrick, Skemp & Butler, LLC, can advise on next steps to protect your interests from the beginning.
Q. How does no-fault insurance work for personal injury claims in Wisconsin?
A. Wisconsin is a fault-based state, not no-fault, meaning the at-fault party’s insurance is primarily responsible for covering damages in personal injury cases like car accidents. However, your own policy may provide initial benefits through medical payments (MedPay) or uninsured/underinsured motorist coverage if applicable (Wisconsin Statute § 632.32). You can pursue the at-fault party for full compensation beyond policy limits. Our personal injury attorneys at Fitzpatrick, Skemp & Butler, LLC, navigate these insurance rules to access all available sources and pursue fair recovery for your injuries.
Q. Can a Wisconsin personal injury lawyer help with claims against government entities?
A. Yes, claims against government entities in Wisconsin, such as municipalities or the state for injuries caused by negligence (e.g., poor road maintenance leading to accidents), are possible but involve strict rules and shorter notice periods, often 120 days under Wisconsin Statute § 893.80. These cases require specific procedures and expertise. The Wisconsin personal injury lawyers at Fitzpatrick, Skemp & Butler, LLC, handle government claims carefully to meet all requirements and seek compensation when public entities are at fault.
Q. What is the role of comparative negligence in Wisconsin personal injury cases?
A. Comparative negligence in Wisconsin allows injured parties to recover damages even if partially responsible, as long as fault does not exceed 50% (Wisconsin Statute § 895.045). Compensation is reduced proportionally by your fault percentage. This rule applies to various personal injury cases, including car accidents and premises liability. Attorneys at Fitzpatrick, Skemp & Butler, LLC, work to minimize your assigned fault through evidence and expert analysis, helping ensure you receive the highest possible award.
Q. How much does it cost to hire a Wisconsin personal injury attorney?
A. Hiring a Wisconsin personal injury attorney typically involves no upfront costs, as most work on a contingency fee basis. You pay nothing unless the lawyer wins your case or secures a settlement, with fees taken as a percentage of the recovery. This arrangement makes legal help accessible regardless of financial situation. At Fitzpatrick, Skemp & Butler, LLC, we provide free initial consultations to discuss your case, explain options, and outline how we can assist without any financial risk to you.
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