Injured in a car accident? Slip and fall down the stairs? Accidents of all types happen every day. If you or a loved one was harmed in an accident that was someone else’s fault, you may have the basis for a personal injury claim. Here are five things you need to know about personal injury claims:
Negligence must be proven
Negligence is the basis for every personal injury claim. Was a person or entity responsible for the accident? Did someone behave recklessly? Under the legal definition of negligence, an individual must fail to behave with a level of care that someone can reasonably expect in that situation. Negligence can also be demonstrated by someone failing to take any action at all.
Personal injury claims are not only for physical injuries
Personal injury claims can be filed for other, non-physical injuries such as emotional distress, pain and suffering, loss of consortium, loss of enjoyment in life, loss of wages, and the cost to replace or repair property that was damaged due to the accident.
Initial settlement offers are most often not the best offers
Insurance companies will often offer a settlement right after an accident. These initial settlement offers are usually not the best offers and will not cover the entirety of the damages you have sustained. Have an experienced personal injury attorney review your settlement offer and discuss the level of compensation you may be entitled to recover. This will help you make the most informed decision possible regarding recovering compensation for your accident.
Legal deadline for filing a personal injury claim
In Wisconsin, the statute of limitations for personal injury claims is three years from the time of the accident. If you fail to meet this legal deadline, the court will refuse to hear your case and your opportunity to recover compensation for your injuries will be lost. In some situations, if you are unable to meet this deadline, a skilled personal injury attorney may advocate on your behalf.