Personal Injury FAQs

A personal injury claim arises out of an incident that is caused by negligent or reckless actions or inaction of another person. The incident, which is sometimes an accident, results in injuries. Those injuries may cause economic and non-economic losses, such as medical expenses, lost wages, and pain and suffering. Common types of personal injury claims that we handle include:

• Car Accidents
• Truck Accidents
• Other Motor Vehicle & Traffic Accidents
• Premises Liability Accidents
• Serious Injuries
• Wrongful Deaths
• Nursing Home Abuse & Neglect
• Workplace Injuries

Medical payments coverage on a homeowner’s policy often covers premises liability accidents. Most homeowners’ liability policies contain personal liability and medical payments coverage. Personal liability coverage pays for non-motor vehicle accidents that occur on and off the insured’s property if the injury or damage is caused by the homeowner, family members, or pet. Medical payments coverage pays for medical bills incurred by someone other than the homeowner or homeowner’s family members when they are injured on the insured’s property regardless of fault.

Negligence is the failure to exercise ordinary care. Ordinary care is the degree of care a reasonable person would use under the same or similar circumstances. The elements of a negligence claim are: (1) the defendant owed a duty of care to the injured party; (2) the defendant breached the duty; (3) the defendant’s breach was the proximate cause of the plaintiff’s injuries; and (4) the plaintiff suffered damages.

Your priority after suffering an injury of any kind should be to seek immediate medical attention. You should have a comprehensive medical evaluation to ensure that you receive all necessary treatment and comply with you doctor’s orders. If possible, you should preserve evidence of the accident and your injuries by taking photos, keeping records of medical bills and other accident-related expenses, and documenting important information such as the names of potential witnesses.

A recorded statement taken by an insurance company can be used against you. It is common for insurance adjusters to contact injured persons shortly after an accident to obtain a recorded statement. Whether the adjuster is with your insurance company or that of the at-fault party, their goal is to limit the insurance company’s payments and sometimes to deny liability entirely. If you give a recorded statement, it can and often will be used against you later.

You should not sign anything or provide any information to the insurance company before you have spoken to a personal injury attorney. The attorney can deal with the insurance company on your behalf and improve your chances of obtaining the maximum compensation possible for your claim.

There is no way to know exactly how long it will take to resolve a claim because each case is different. A personal injury lawsuit generally takes much longer to resolve than settling a claim outside of court. Settlement negotiations will not begin until the investigation has been completed.

The initial settlement offer is likely to be low and both sides will make counter-offers for what they feel is an acceptable amount. If the parties reach an agreement, the process is over. If the parties cannot come to an agreement, then you may proceed with a lawsuit.

In Wisconsin, the statute of limitations for most negligence claims is generally three years, although the timelines can vary depending on the person or entity being sued. This means that you have three years from the date of the accident to settle your claim or file a personal injury lawsuit. If you try to bring a claim after the statute of limitations has expired, the suit may be dismissed. We suggest that you consult with an experienced personal injury attorney for a specific analysis of the statute of limitations in your case.

In most personal injury lawsuits, the injured party is relying on a theory of negligence to establish liability. In order to do so the plaintiff must prove that defendant was negligent, the plaintiff sustained injuries, and the injuries were caused by the defendant’s negligence. Under Wisconsin law, you do not have to prove that the other party’s negligence was the sole cause of your injuries, merely that the it was a substantial factor.

The following mistakes can undermine your claim and deprive you of the compensation you deserve:

• Delaying or failing to obtain appropriate medical treatment for your injuries
• Failing to follow your doctor’s orders or recommended treatment plan
• Failing to disclose pre-existing injuries to your attorney
• Failing to collect valuable evidence
• Allowing the insurance company to gain unlimited access to your medical records
• Providing a statement to the insurance company before consulting an attorney
• Apologizing for an accident or making statements admitting fault in your interactions with the police, other parties involved in the accident, or the insurance company
• Accepting the first settlement offer from the insurance company
• Misrepresenting or providing false information about the severity of your injuries or other details related to your claim
• Posting information on social media that is harmful to your case
• Waiting too long or failing to hire a personal injury attorney

If you have sustained serious injuries due to the negligence of another, you should speak with a personal injury attorney as soon as possible to determine the best course of action. Filing a claim without an attorney can be complicated, particularly if you are unsure about the outcome of your injuries.

A personal injury attorney can explain your legal options, assist you with filing a claim and negotiating with the insurance company to obtain a fair settlement for your injuries, and take your case to court. A study from the Insurance Research Council found that accident victims who were represented by legal counsel generally received settlement amounts that were three times higher than those who did not have an attorney.

The personal injury attorney you hire should have:

• Experience handling cases like yours
• A successful track record of obtaining favorable results for their clients.
• A practice that primarily focuses on personal injury cases in Wisconsin
• The time and resources necessary to dedicate to your case
• Trial experience
• A positive reputation in the legal community

Before hiring a personal injury attorney, it is a good idea to review personal referrals or client testimonials and discuss the firm’s fee arrangement.

If you suffered only minor injuries or property damage and the other party is clearly at-fault in the accident, you may be able to recover compensation on your own. However, you should never settle a claim without knowing the full extent of your injuries. Because most personal injury attorneys offer a free initial consultation, it is advisable to get more information about your legal options and rights even if you ultimately choose to pursue a claim on your own. Additionally, people who work with personal injury lawyers generally recover more compensation for their injuries than those who attempt to navigate the claims process alone.

At Studinski Law, LLC, our personal injury attorneys have helped accident victims throughout Wisconsin obtain the compensation they deserve through aggressive, innovative, and compassionate representation. We fight for the best possible results in every case and have a proven track record of success in personal injury cases.

Contact us today at 715-343-2850 to find out how we can put our knowledge, resources, and skills to work for you.

Compensatory damages include pain and suffering, past and future medical bills, past and future loss of income, loss of society and companionship, property damage, and disability. Punitive damages are generally only available in cases involving gross negligence.

Pain and suffering is a type of non-economic damage, meaning that it cannot be easily quantified in monetary terms. Pain and suffering damages are intended to compensate you for the physical pain and emotional anguish that you experienced as a result of your physical injuries. The factors that go into assigned a value to pain and suffering damages include, but are not limited to:

• The nature of the injury
• Whether the injury caused disfigurement or disability
• Impairment of normal activities and quality of life
• The length of suffering
• The injured party’s age and physical condition

There is no definitive answer to this question because it depends on the unique facts of your case. The value of a personal injury claim can vary significantly based on the following factors:

• The severity of your injuries
• Time away from work
• Duration and types of treatment
• How your injuries have impacted your life
• The strength of evidence in your case
• Whether liability is clear-cut
• Whether you are partially at-fault in your accident
• The type of accident; medical malpractice, slip and fall, car crash, dog bite, etc.

The main concern in a personal injury case is making sure that your injuries and other losses are adequately compensated. There is no such thing as a settlement calculator, but insurance companies often employ sophisticated software programs to analyze the value of your claims. An experienced personal injury lawyer can assist you in combatting the issues created by these software programs so that you can obtain fair compensation for your injuries.

Unlike rulings in court, personal injury settlements are generally not matters of public record. A settlement agreement is essentially a negotiated contract, meaning that the parties are in control of its terms and whether it remains private. It is very common for settlement agreements to have a confidentiality clause, which prohibits both sides from disclosing the terms or amount of the deal and other details about the dispute.

No, there is not a minimum or maximum amount that can be recovered in a personal injury settlement. No matter how big or small your losses have been, our experienced personal injury lawyers can help you obtain compensation. We will calculate all of your losses, including medical bills, lost wages, pain and suffering, loss of companionship, loss of society, and property damage, to determine how much you may be able to obtain through a settlement or jury verdict.