Rosenfeld Injury Lawyers can help you pursue fair compensation and ensure your interests are always represented in court.

Reach out to an experienced Wisconsin personal injury attorney today at (888) 424-5757 for a free consultation, or read on to find out more about each step of the legal process, from who is eligible to recover compensation from personal injury accidents to how long you can expect a civil lawsuit case to take.

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Who Can File a Personal Injury Claim in Wisconsin?

In Wisconsin, a personal injury claim is defined as any claim for financial relief related to bodily injury or other harm, which can include loss of companionship, mental or emotional injury, or the cost of medical monitoring to protect your health after an accident [1].

Personal injury victims or their relatives, such as their spouse, parents, or legal guardian, can file a claim if it can be proven that they suffered financial losses as a result of an injury caused by someone else’s negligent actions.

What Is the Basis of Personal Injury Claims?

Unlike a criminal case, a personal injury trial is based on a preponderance of evidence that proves the plaintiff’s account is at least 51% true. There are three main factors that make up the basis of a personal injury claim.

Negligence – This refers to someone failing to take the reasonable caution that the average person would take in such a circumstance. Like other states, Wisconsin uses comparative negligence, which means you can only collect compensation if someone else’s negligence was at least 51% responsible for your personal injuries. Your settlement will be reduced by the percentage for which you are to blame [2].
Intentional harm – For intentional harm, it must be proven that the defendant intentionally committed an action that caused emotional or physical pain, even if the purpose was not to cause serious injuries. For example, if you suffered injuries when someone pulled out a chair from under you, this would be intentional harm, even if they did not mean to hurt you [3].
Strict liability – In some cases, the party being sued will be held responsible regardless of their mental or emotional state at the time of the incident. Wisconsin law uses strict liability for product liability [4] and dog bites [5].

Cases That Our Wisconsin Personal Injury Lawyers Handle

Here is a brief list of the many kinds of personal injury cases we cover for injured Wisconsin residents.

Car Accidents

In 2022, there were 29,959 car crashes resulting in injury and 517 fatal crashes. 6,255 of these involved a drunk driver [6]. Our Wisconsin car accident lawyers have seen that, even a low-speed car accident can result in serious personal injury, such as whiplash, broken bones, and sprains, resulting in lost wages as you recuperate.

Motorcycle Accidents

Wisconsin is the sixth-most dangerous state for motorcyclists due to a lack of helmet laws, and over 14% of fatal crashes involving a motorcycle [7]. Motorcycle fatality rates are 28 times higher than those of car accidents [8].

Our Wisconsin motorcycle accident lawyers have found that, even when riders survive, their injuries are often disabling, resulting in major medical expenses that

Truck Accidents

Wisconsin had 6,785 truck accidents in 2022, with 73 fatalities [9]. Because trucks are much heavier than cars, motor vehicle crashes with a truck involved often cause more severe injuries than in car accident cases, particularly for drivers and passengers in cars.

Our Wisconsin truck accident lawyers have handled cases where victims suffered damaged spinal cords, concussions, bone fractures, and internal injuries.

Nursing Home Abuse

Nursing home neglect and abuse are a serious problem throughout the country, but it is particularly prevalent in Wisconsin, where a major staffing shortage has left many residents in danger of severe abuse.

Across the state, there was a 30% vacancy rate for positions in nursing homes and assisted living facilities in 2022, and the number is only expected to climb, even with new federal mandates for staffing standards [10].

A lack of support leaves residents at risk of severe injury or infection due to falls, inadequate personal hygiene, and untreated medical emergencies such as a stroke.

Birth Injury

Though the current birth rate is the lowest in Wisconsin history [11], and the state has a lower infant mortality rate than the national average [12], birth injury rates have risen by 23% in the past few years [13].

The most common birth trauma is scalp injury, often from the aggressive use of forceps to pull the child from the birth canal. Other issues can include dislocated shoulders, broken clavicles, and brain injury from hypoxia during birth.

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Medical Malpractice

Medical errors are one of the leading causes of death in the United States, and these statistics don’t include hospital-acquired infections, which kill over 100,000 people nationwide every year [14].

The state has some of the lowest medical malpractice settlement caps in the United States at only $250,000, while elsewhere, it can be as high as $750,000 [15]. This makes it all the more important to have excellent Wisconsin personal injury attorneys to represent you against negligent medical professionals.

Defective Medical Devices

When medical devices malfunction or are poorly designed, there can be serious consequences for the patient, including lost wages and higher medical bills as a result of long-term hospitalization.

For example, pulse oximeters registered false blood oxygen concentrations for 11.7% of Black patients, putting them at risk of undetected hypoxemia [16]. An experienced personal injury attorney can assist with the exhaustive research necessary to hold companies accountable for failing to ensure good medical treatment for consumers.

Dangerous Drugs

When doctors, manufacturers, and distributors fail to consider the addictive nature of certain medications, they put patients at risk of a crippling addiction that impacts every facet of their life.

Earlier in 2023, the Wisconsin Attorney General held manufacturers and distributors of opioids accountable for their role in fueling the state’s major opioid crisis [17]. Drug recalls can also cause serious injury, causing unintentional overdoses, disabling side effects, or even death.

Product Liability

When products malfunction, it can cause serious injury or death to consumers. For example, a Racine man was permanently disabled as the result of the malfunctioning seat of a 2013 Hyundai Elantra [18].

However, the Wisconsin Supreme Court has ruled in favor of the consumer-contemplation test, which means that a product is only considered dangerous if it fails to perform the way that a consumer would expect when utilizing the product [19], which raises the bar for Wisconsin personal injury lawyers who represent victims against negligent companies.

Premises Liability

Wisconsin personal injury laws affirm that those lawfully visiting a property have the right to expect that it poses no danger [20]. Common risks include aggressive dogs, slippery surfaces, unstable structures, poorly maintained swimming pools, and faulty wiring that causes electrocution.

If you’ve been injured on someone else’s property, a personal injury attorney in Wisconsin can negotiate with the insurance companies involved on your behalf, securing you a fair settlement.

Dog Bites

There are over 13,000 animal adoptions in Wisconsin every year [21], and over 59% of Wisconsin households have at least one pet [22]. Unfortunately, not every dog is friendly. In Eau Claire alone, there were 154 animal bites in 2022 [23], and Milwaukee ranks 14th nationwide for attacks on postal workers, with 22 injured last year [24].

Wisconsin uses strict liability for every dog bite personal injury lawsuit [25], meaning that the dog owner is always held responsible no matter the circumstances.

Workers’ Compensation

The death of a worker in a Prairie du Chien 3M factory after becoming entrapped in a plastic extruding machine highlighted the severe dangers that workers face on the job [26]. In fact, the Wisconsin government itself had 2,171 workplace injury compensation claims in 2022, proof that any occupation can be dangerous [27].

The majority of workplace accidents take place in manufacturing and trade, transportation, and utilities, though a significant number also occur in healthcare and education.

Most workplace injury victims suffered repetitive strain injuries, slips, falls, or crush damage from heavy equipment. Many workers’ compensation funds refuse to pay out, which makes it essential for workers to consult an experienced trial lawyer to pursue compensation for their medical bills.

Sexual Abuse

Sadly, approximately 1.2 million Wisconsinites have experienced sexual abuse in their lifetime; that’s 1 in 3 women and 1 in 5 men [28]. In 2022, there were 5,212 sexual offenses reported in Wisconsin, with 617 being statutory rape [29].

This form of abuse can leave a child or adult with life-long psychological trauma, impacting their ability to live a full and healthy life. When you work with us, you’ll have personal assistance from the best personal injury lawyer in Wisconsin, who will ensure that you can focus on healing and not on negotiating with third parties.

Wrongful Death

Wrongful death cases can result from any of the above circumstances, whether that is medical malpractice, a car accident, nursing home abuse, or dog bites. Wisconsin allows survivors the legal ability to pursue damages if, had the person survived, the act still would have been eligible for a personal injury case [30].

If you have tragically lost a loved one due to someone else’s negligence or intentional harm, a compassionate and thorough personal injury lawyer can ensure that you receive just compensation for the pain and suffering caused by a family member’s premature death.

Filing a Personal Injury Claim With Our Rosenfeld Injury Lawyers

With an experienced attorney at your side, the legal process runs smoothly and with minimal interruption to your everyday life. Our Wisconsin personal injury lawyers will assist you with every facet of a personal injury lawsuit, which includes these steps.

Gathering information – During your free consultation, we’ll gather the basic facts, including the circumstances of the case and your personal details.
Case evaluation – Your personal injury attorney determines whether you have a strong enough case to seek compensation due to someone else’s negligence or intentional harm.
Claim investigation – At this point, we scrutinize the information you have provided and verify that it is correct. The insurance company you would like to recover compensation from will also be doing the same thing, so we’ll advise you on what to do so you don’t damage your possibility of getting fair insurance claims.
Determining the type of case – The personal injury attorney assigned to your case will identify what kind of case you have based on Wisconsin law and federal statutes.
Filing a claim – At this point, our personal injury law firm formally informs the insurance company and any other defendants that we will be seeking compensation.
Discovery process – During this stage, we share all the information we have with the other parties involved and vice-versa so that everyone is on the same page.
Collecting evidence – We will review all aspects of the circumstance, which can include taking witness statements, examining footage of the accident, and working with professionals who can conduct detailed assessments.
Negotiations and mediation – We strive to reduce the impact on personal injury victims, so we start negotiations with insurance companies first.
Settlement – The insurance industry wants to minimize its financial burden, which means we’ll work hard to get you fair compensation for your medical expenses and other bills.
Court representation – While many personal injury cases settle out of court, if this fails, your WI personal injury attorney will represent your interests at trial and seek maximum compensation for you.
Verdict – Once we have successfully argued your case and the judge has awarded damages, we’ll deduct our fees from the settlement, leaving you with plenty to cover your medical expenses and future needs.

Do You Have a Personal Injury Case?

In general, you may have a personal injury case if you were injured, the injury caused you financial hardship, and another person was mostly responsible for these damages.

You will need to provide evidence that the other party is responsible, which can include medical records, videos or photos, police reports, and witness statements.

For example, in a car accident case, you might need testimony from responding officers, accident reconstruction teams, and mechanics. These are particularly important if you intend to seek compensation from a company for a defective product. If you’re dealing with a drunk driver, you must show that they were intoxicated at the time of the car accident.

For every type of case, you will also have to prove that you suffered financially from the circumstance, which can be proven through insurance claims or employment records showing you took time off work.

Usually, the more evidence that accident victims provide to the court, the larger their settlement will be.

Proving Personal Injury Under Wisconsin Law

There are four elements to proving a personal injury claim under Wisconsin law – duty, breach, damages, and causation.

Duty – The defendant owed you a duty of care. For a car accident, this may be just following the rules of the road, while for a medical malpractice case, it would involve their professional obligations to you as a patient.
Breach – The responsible party breached their duty of care to you by acting negligently or intentionally causing you harm.
Damages – You suffered a financial burden as a result of the injury.
Causation – The defendant’s actions were the sole or primary cause of your injury, making them responsible for your expenses.

How Long Do You Have to File a Personal Injury Lawsuit?

Each form of personal injury has a statute of limitations, which can be as short as two years or as long as 12 years. There is a longer statute of limitations for occupational illnesses, as they may take some time to manifest themselves. For example, our mesothelioma lawyers have found the asbestos-caused condition may only manifest after decades.

While these statutes may seem like a long time, much of this period will be taken up by the discovery and negotiation process. A lawsuit is only filed if your personal injury lawyer is unable to come to a satisfying agreement with the applicable insurance company, as we work hard to minimize the interruptions to your everyday life.

What Is the Statute of Limitations for Personal Injury Claims in Wisconsin?

There’s an important reason why, when considering a lawsuit, you need a personal injury lawyer – Wisconsin statutes of limitation vary depending on the type of case you are pursuing. These are the relevant limitations based on your specific case type.

Workers’ compensation for occupational diseases – 12 years
Workers’ compensation for traumatic injury – 6 years
Medical malpractice, including birth trauma – 3 years
Personal injury like car accidents – 3 years
Premises liability – 3 years
Product liability – 3 years
Wrongful death – 3 years
Personal injury for minors or mentally disabled persons – 2 years
Personal injury resulting from assault and battery – 2 years
Death as the result of a car accident – 2 years

For product liability specifically, you cannot make a claim if the product was manufactured over 15 years ago from the time of the accident, unless the manufacturer stated that it was meant to last more than 15 years [31].

As an example, our hip replacement lawsuit lawyers found that recent studies on hip replacements suggest they can last at least 20 years [32]. If your replacement breaks due to normal wear and tear after 16 years, you may still be able to sue for compensation.

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Types of Personal Injury Compensation We Can Help You Recover

Our personal injury law firm will pursue both economic and non-economic damages and, in rare cases, punitive damages.

Economic damages include things such as:

Medical costs
Rehabilitation costs
Loss of employment or wages
Damage to personal property

Non-economic damages are typically about your emotional and social circumstances, and they may include:

Disfigurement
Permanent disability
Pain and suffering
Reduced quality of life
Loss of companionship
Loss of consortium

How Much Is Your Personal Injury Case Worth?

Each personal injury situation is unique, and there are no defined amounts for a settlement. Insurance companies and a judge and jury, if the case goes to trial, will weigh multiple factors when deciding what you can receive.

Factors That Affect Personal Injury Settlement Amounts

The amount your WI personal injury attorney can pursue depends on the specifics of the case. Some factors that will change how much you can receive include:

The type of accident, such as a car accident or a slip-and-fall accident
Whether you sustained serious injuries and if they were life-altering
What kinds of insurance are available to cover the claim
What kinds of psychological effects have you suffered
The certainty of the defendant’s liability
The length of your recovery
Your future medical needs
The cost of litigation

Cases that leave the plaintiff permanently disabled or deceased tend to receive higher settlements.

As Wisconsin is a comparative liability state, if you are found somewhat responsible for your accident, your settlement will be reduced in proportion to your percentage of culpability.

Settlement Amounts That Our Wisconsin Personal Injury Attorneys Have Recovered

Here are some examples of settlements our personal injury attorneys have won:

$14,100,000 – A motorcyclist was killed when an inattentive truck driver made a left-hand turn into him.
$7,140,000 – Settlement for four boys who were molested by a coach. The defendant had previous allegations of assault but was still hired by the youth sports program.
$5,000,000 – Medical malpractice case when a surgical instrument was left inside a patient, resulting in sepsis.
$2,500,000 – A car passenger was left with facial injuries and vision loss when an underinsured motorist hit the car.
$1,500,000 – Nursing home neglect case where a man with Alzheimer’s ingested cleaning chemicals as a result of staff failing to lock up dangerous substances.

How Long Does Settling a Personal Injury Claim Take?

The timeline for every personal injury lawsuit varies greatly depending on the complexity of the case and the available evidence. It also depends on the cooperation of the other parties, particularly the insurance company.

These companies often fail to provide evidence in a timely manner, which is why it’s crucial to work with the best Wisconsin personal injury lawyer you can find. We’ll be able to advocate for your interests and hold insurance agencies accountable.

A case that goes to trial will take longer than one that is settled out of court due to the jury proceedings and the amount of trial preparation that is necessary. If the other party appeals the judgment, there will be a significant delay as the case is referred to the next higher court.

While generally, you should expect a case to take at least a year, your Wisconsin personal injury lawyer will give you a more accurate estimate during your consultation. Our law firm will keep you informed during every step of the process, including updating you about any expected delays.

How Much Does a Wisconsin Personal Injury Lawyer Cost?

Our WI personal injury attorneys represent clients on a contingency fee basis, meaning that you pay nothing for our legal services unless you receive financial compensation. We will then deduct our fees from the settlement.

Contact Our Personal Injury Law Firm If You Have More Questions!

At Rosenfeld Injury Layers, we have an excellent track record of providing personalized service and fierce dedication to our clients. We handle a wide variety of personal injury circumstances, including car accidents, nursing home abuse, workers’ compensation, and medical malpractice.

We’ll thoroughly investigate your claim and work hard to get you the maximum settlement allowable by Wisconsin law.

As we provide free initial consultations, there’s no financial impediment to contacting our personal injury attorneys. Call us today at (888) 424-5757 to learn more about how we can help you get the compensation you deserve.

Resources: [1] Wisconsin Legislature – 802.025(1)(b), [2] Wisconsin Legislature – 895.045(1), [3] Legal Information Institute, [4] Wisconsin Legislature – 895.045(3)(a), [5] Wisconsin Legislature – 174.02(1)(a), [6] State of Wisconsin Department of Transportation, [7] WEAU News, [8] National Highway Traffic Safety Administration, [9] State of Wisconsin Department of Transportation, [10] Post Crescent, [11] Wisconsin Department of Health Services, [12] Centers for Disease Control, [13] The Journal of Pediatrics, [14] Wisconsin Association for Justice, [15] WTMJ-TV Wisconsin, [16] Milwaukee Journal Sentinel, [17] Wisconsin Department of Justice, [18] Court of Appeals of Wisconsin, [19] Supreme Court of Wisconsin, [20] Wisconsin Legislature – 895.529, [21] Wisconsin Humane Society, [22] World Population Review, [23] Eau Claire City-County Health Department, [24] Milwaukee Patch, [25] 2021-2022 Wisconsin Statutes, [26] US Department of Labor, [27] State of Wisconsin, [28] Wisconsin Department of Health Services, [29] Wisconsin Department of Justice, [30] Wisconsin Legislature – 895.03, [31] Wisconsin Legislature – 895.047(5), [32] The Lancet