Personal injuries can happen anywhere and at any time, often when least expected. In Wisconsin, thousands of residents file personal injury claims each year seeking compensation for injuries caused by someone else’s negligence. Understanding the most common types of personal injury claims in our state can help you recognize when you might have a valid case and know how to proceed if you’ve been injured. This article explores the five most common personal injury claims in Wisconsin and provides valuable insights on how to maximize your potential compensation.
1. Motor Vehicle Accidents
Motor vehicle accidents consistently rank as the most common source of personal injury claims in Wisconsin. With our challenging winter weather conditions and rural roads, Wisconsin sees thousands of car accidents annually.
Common Causes:
- Distracted driving (particularly texting while driving)
- Driving under the influence of alcohol or drugs
- Speeding and reckless driving
- Poor road conditions, especially during winter months
- Failure to obey traffic signals and signs
How to Maximize Compensation:
- Document the accident scene thoroughly with photos and videos
- Obtain contact information from all witnesses
- Report the accident to police and get a copy of the accident report
- Seek immediate medical attention, even for seemingly minor injuries
- Keep detailed records of all medical treatments and expenses
- Don’t accept the first settlement offer from insurance companies
- Consider how Wisconsin’s comparative negligence law might affect your claim
According to Wisconsin Department of Transportation data, there were over 115,000 crashes reported in Wisconsin in the past year, resulting in approximately 28,000 injuries. These statistics highlight the prevalence of motor vehicle accidents and the importance of understanding your rights if you’re involved in one.
2. Slip and Fall Accidents
Slip and fall accidents (also known as premises liability cases) are the second most common type of personal injury claim in Wisconsin. These accidents can occur in various locations, including grocery stores, restaurants, office buildings, and private residences.
Common Causes:
- Wet or icy surfaces, particularly during Wisconsin winters
- Uneven flooring or loose carpeting
- Poor lighting conditions
- Lack of handrails on stairs
- Debris or obstacles in walkways
How to Maximize Compensation:
- Take photos of the hazardous condition that caused your fall
- Report the incident immediately to the property owner or manager
- Collect contact information from witnesses
- Seek medical attention promptly
- Keep all medical records and receipts
- Document how the injury has affected your daily activities
- Understand the property owner’s duty of care in your specific situation
Property owners in Wisconsin have a legal obligation to maintain safe premises for visitors. However, the level of care required depends on your status as an invitee, licensee, or trespasser. Working with an attorney who understands these distinctions can significantly impact your case outcome.
3. Workplace Injuries
While many workplace injuries are covered by workers’ compensation, some situations may warrant a personal injury claim, particularly when third parties are involved or when an employer’s intentional conduct caused the injury.
Common Workplace Injuries:
- Falls from heights
- Machinery accidents
- Repetitive stress injuries
- Exposure to toxic substances
- Construction site accidents
How to Maximize Compensation:
- Report the injury to your employer immediately
- Document the unsafe condition that caused your injury
- Seek medical attention through approved providers
- Follow all medical advice and treatment plans
- Keep detailed records of all work missed
- Consider whether third parties might be liable
- Understand the interplay between workers’ compensation and personal injury claims
Wisconsin’s workers’ compensation system provides benefits regardless of fault, but these benefits are often limited. In cases where a third party (someone other than your employer or co-worker) contributed to your injury, you may be able to pursue additional compensation through a personal injury claim.
4. Medical Malpractice
Medical malpractice occurs when a healthcare provider’s negligence results in injury or harm to a patient. While these cases are less common than the previous categories, they often involve serious injuries and substantial damages.
Common Types of Medical Malpractice:
- Surgical errors
- Misdiagnosis or delayed diagnosis
- Medication errors
- Birth injuries
- Failure to obtain informed consent
How to Maximize Compensation:
- Obtain copies of all medical records
- Seek a second medical opinion
- Document all symptoms and complications
- Keep a journal of how the injury affects your daily life
- Consult with a medical expert who can testify about the standard of care
- Be aware of Wisconsin’s caps on non-economic damages in medical malpractice cases
- Understand the specific notice requirements and time limits for medical malpractice claims
Wisconsin law places a cap on non-economic damages (such as pain and suffering) in medical malpractice cases, currently set at $750,000. However, there is no cap on economic damages, which include medical expenses and lost wages. Working with an attorney who specializes in medical malpractice can help ensure you receive the maximum compensation available under the law.
5. Product Liability
Product liability claims arise when a defective or dangerous product causes injury to a consumer. These cases can involve anything from automobile defects to dangerous medications, defective household appliances, or contaminated food products.
Types of Product Defects:
- Design defects (flaws in the product’s original design)
- Manufacturing defects (errors that occur during production)
- Marketing defects (inadequate instructions or warnings)
How to Maximize Compensation:
- Preserve the defective product in its current condition
- Keep all packaging, instructions, and receipts
- Document your injuries with photographs
- Seek medical attention immediately
- Report the incident to the manufacturer and relevant consumer protection agencies
- Determine whether others have experienced similar issues with the product
- Consider whether a class action lawsuit might be appropriate
Wisconsin follows strict liability principles in product liability cases, meaning you generally don’t need to prove negligence—only that the product was defective and caused your injury. However, these cases often involve complex technical and scientific evidence, making expert testimony crucial.
Factors That Affect Compensation in All Personal Injury Claims
Regardless of the type of personal injury claim you’re pursuing, several factors can significantly impact the compensation you receive:
1. Severity and Permanence of Injuries
More severe injuries that result in permanent disability or disfigurement typically warrant higher compensation. This includes consideration of:
- Long-term medical needs
- Permanent limitations on activities
- Psychological impact of disfigurement
- Life expectancy and long-term care requirements
2. Economic Damages
These are quantifiable financial losses resulting from your injury:
- Past and future medical expenses
- Lost wages and loss of earning capacity
- Property damage
- Rehabilitation costs
- Home modifications necessitated by your injury
3. Non-Economic Damages
These more subjective damages can significantly increase your compensation:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of consortium (impact on marital relationship)
4. Insurance Coverage
The available insurance coverage often serves as a practical limit on recoverable damages:
- Liability policy limits
- Umbrella policies
- Uninsured/underinsured motorist coverage
- Multiple policies that might apply
5. Your Own Comparative Negligence
As discussed in our previous article on Wisconsin’s 51% Rule, your compensation will be reduced by your percentage of fault, and you cannot recover if you’re more than 50% responsible for your injury.
Call Us Today!
Understanding the most common types of personal injury claims in Wisconsin and how to maximize your compensation can help you navigate the often complex legal process following an injury. While each case is unique, the strategies outlined above can help ensure you receive fair compensation for your injuries.
If you’ve been injured due to someone else’s negligence, it’s important to consult with an experienced personal injury attorney who can evaluate the specific circumstances of your case. At Fitzpatrick, Skemp & Butler, LLC, our attorneys have extensive experience handling all types of personal injury claims in Wisconsin and can help you pursue the maximum compensation you deserve. Contact us today for a free consultation to discuss your case.