Filing a personal injury claim in Wisconsin involves several steps. It’s important to remember that personal injury laws can be complex, so it’s often advisable to consult with a Wisconsin personal injury lawyer to ensure you navigate the process correctly.
Here are the general steps to take when filing a personal injury claim in Wisconsin:
Seek Medical Attention
The first priority after an accident or injury is to seek immediate medical attention for any injuries you or others may have sustained. Your health and well-being should be your primary concern.
Gather Evidence
To build a strong personal injury case, collect evidence related to your accident and injuries. This may include:
Photos of the accident scene, injuries, and property damage.
Contact information for witnesses.
Copies of police reports or incident reports.
Medical records and bills.
Insurance information of the at-fault party.
Identify the At-Fault Party
Determine who was responsible for your injuries. This may be an individual, a business, or another entity. You will need to establish their liability. You may also need to notify the at-fault party’s insurance company about the accident and your intention to file a claim if it involves their auto or homeowners insurance. Provide them with the basic details but avoid giving a recorded statement until you’ve consulted with your attorney.
Demand Letter
Your attorney may help you draft a demand letter to the at-fault party’s insurance company. This letter outlines the details of your claim, including your injuries, medical expenses, lost wages, and a settlement amount you are seeking.
Negotiation
The insurance company will typically respond with a counteroffer or acceptance of your demand. Negotiations may go back and forth until a settlement is reached. Your Wisconsin personal injury lawyer will represent your interests during this process.
Filing a Lawsuit
If a fair settlement cannot be reached, your attorney may advise you to file a personal injury lawsuit in the appropriate Wisconsin court. This formalizes your claim and begins the litigation process.
Discovery
During the lawsuit, both parties gather evidence through processes like depositions, interrogatories, and document requests. This is known as the discovery phase.
Mediation or Settlement Conference
Before going to trial, you may participate in mediation or a settlement conference to try and resolve the case out of court.
Trial
If no settlement is reached, your case will proceed to trial. At trial, both sides will present their arguments and evidence, and a judge or jury will make a decision.
Collecting Compensation
If you win your case, you will need to work with your attorney to collect the compensation awarded to you.
Personal injury laws can vary, and a skilled attorney can help protect your rights and maximize your chances of receiving fair compensation for your injuries and damages. Are you ready to consult with an experienced Wisconsin personal injury lawyer and discuss the prospect of pursuing a personal injury claim? Remember, this is the best way to get tailored legal advice and guidance.
If you’re unsure how to find one, contact 1-800-Injured. We are a medical and legal referral network and can connect you to a Wisconsin personal injury lawyer who is able to handle your case.