Personal Injury Claim – Terms to Know
Navigating a personal injury claim in Wisconsin can be overwhelming, especially if you’re unfamiliar with legal terminology. Understanding key terms can help you communicate more effectively with your attorney and make informed decisions throughout the process. Below are some important terms you should know if you’re pursuing a personal injury claim in Wisconsin.
1. Personal Injury
This refers to harm suffered by an individual due to someone else’s negligence or intentional act. It can include physical injuries, emotional distress, or financial loss resulting from incidents like car accidents, slip and falls, or medical malpractice.
2. Negligence
Negligence is the legal basis for most personal injury claims. It means someone failed to act with reasonable care, leading to harm. To succeed in a negligence claim, you must prove four elements: duty of care, breach of that duty, causation, and damages.
3. Damages
Damages refer to the compensation you may receive for your losses. They are typically divided into two categories:
Economic damages: Tangible losses like medical bills, lost wages, and property damage.
Non-economic damages: Intangible losses such as pain and suffering, emotional distress, and loss of enjoyment of life.
4. Comparative Negligence
Wisconsin uses a modified comparative negligence rule. If you’re partially at fault for your injuries, your compensation will be reduced by your percentage of fault. However, if you are found to be more than 50% responsible, you cannot recover any damages.
5. Statute of Limitations
This is the time limit for filing a personal injury lawsuit. In Wisconsin, you generally have three years from the date of the injury to file a claim. Missing this deadline may bar you from recovering any compensation.
6. Liability
Liability refers to legal responsibility. Establishing who is liable for your injuries is essential in a personal injury case. This could be an individual, a business, or even a government entity.
7. Settlement
A settlement is a resolution of a claim without going to trial. Most personal injury cases in Wisconsin settle out of court. A settlement involves negotiating an amount of money to compensate for your losses in exchange for dropping the lawsuit.
8. Claim Adjuster
This is a representative from the insurance company who investigates your claim. While they may seem helpful, their goal is to minimize the amount the insurer pays. Always consult with your attorney before agreeing to anything or giving recorded statements.
9. Pain and Suffering
This is a type of non-economic damage that compensates for the physical and emotional distress caused by your injury. Calculating pain and suffering can be subjective, and insurers may undervalue these damages without strong legal representation.
10. Demand Letter
A demand letter is a formal document sent to the at-fault party or their insurer, outlining your injuries, damages, and the amount of compensation you're seeking. It often initiates settlement negotiations.
Understanding these terms can make the personal injury process in Wisconsin less intimidating. An experienced attorney can guide you through each step, ensuring your rights are protected and helping you pursue the compensation you deserve.
If you, or someone you know, has been wrongfully injured, contact Buss Law, LLC today for a FREE consultation!
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