Wisconsin Personal Injury Law: What You Need to Know About Negligence

Understanding Wisconsin personal injury law is crucial for anyone who has been injured due to someone else's negligence. Negligence is a legal concept that plays a central role in personal injury claims, determining who is liable for damages in various situations.

In Wisconsin, negligence occurs when an individual fails to act with the reasonable care that a prudent person would exercise in similar circumstances. This failure can lead to accidents and injuries, rendering the negligent party liable for the harms caused. The main elements of negligence involve:

• Duty of Care: The first step in any negligence case is to establish that the negligent party had a duty to the injured party. For example, drivers have a duty to operate their vehicles safely and follow traffic laws.
• Breach of Duty: The next element is demonstrating that the negligent party breached this duty. This can involve reckless driving, failing to maintain a safe environment, or any other behavior that a reasonable person would not have exhibited.
• Causation: It must be shown that the breach of duty directly caused the injury. There are typically two types of causation: actual cause (factual cause) and proximate cause (legal cause).
• Damages: Finally, the injured party must have suffered actual damages, which can include medical expenses, lost wages, and pain and suffering.

Wisconsin follows a “modified comparative negligence” rule, which impacts how damages are awarded in personal injury cases. This means that if an injured party is found to be partially at fault for the accident, their compensation may be reduced by their percentage of fault. For example, if an injured person is found to be 20% responsible for their injuries, they can only recover 80% of the total damages assessed.

In Wisconsin, the statute of limitations for personal injury claims is three years. This means that individuals must file their claims within three years of the injury date. Failing to do so may result in losing the right to pursue compensation.

If you believe you have a personal injury claim based on negligence, it is advisable to consult with an experienced personal injury attorney. They can help you understand your rights and navigate the complexities of Wisconsin personal injury law. An attorney can also assist in gathering necessary evidence, establishing liability, and negotiating with insurance companies to secure the compensation you deserve.

In conclusion, understanding the ins and outs of negligence within Wisconsin personal injury law is essential for anyone navigating the legal aftermath of an accident. By recognizing the key elements of negligence and the importance of legal representation, injured individuals can work towards getting the justice and compensation they need to move forward.