A personal injury claim is a civil matter based on you suffering physical harm due to another person’s actions. It is based on a physical wound to your body and often property. Your bodily injury may lead to civil liability when someone else was actually responsible for your getting hurt. That other person’s fault creates a legal cause of action, which gives you the right to seek compensation from them. While personal injuries create a legal cause of action that enables you to file a lawsuit, many personal injury matters are resolved through insurance and private settlements.

To have your questions about personal injury claims answered, contact the Wisconsin personal injury attorneys of Studinski Law, LLC at (715) 343-2850.

A Personal Injury Claim May Include Many Types of Injuries

To have the right to move forward with a personal injury claim, you must have suffered a physical injury – with a few exceptions. You may have sustained physical injuries that are not readily or easily visible. You still have a personal injury claim if you suffer an invisible injury like a traumatic brain injury without breaking the skull or a bone fracture without a drop of blood. Internal bleeding, organ damage, and nerve damage are other types of significant and catastrophic injuries that may have few if any external markers.

While a physical injury is almost always necessary for a personal injury claim, you are not limited to seeking redress for your physical injuries only. Bodily harm is often accompanied by psychological injuries, such as emotional suffering. When you have a personal injury claim, you can seek compensation for both your physical and psychological injuries.

Both physical and psychological injuries often have financial consequences, which are also the at-fault party’s responsibility. These injuries often cause medical expenses and time away from work. You can seek compensation for the financial losses associated with all of the injuries related to the same incident.

Overall, during a personal injury claim, you may be able to pursue compensation for:

  • Medical expenses
  • Wage loss
  • Pain and suffering
  • Emotional distress and mental anguish
  • Disability
  • Disfigurement
  • Loss of enjoyment of life
  • Loss of earning capacity
  • Loss of society and companionship

Theories of Liability in Personal Injury Claims

Personal injury claims work on the premise that you were injured due to actions of another person or business. However, the basis of that party’s liability may depend on the circumstances. Some types of liability include:

  • Negligence
    When you argue that you are injured because of someone else’s negligence, you are alleging the other person failed to take the proper care in their behavior toward you. You are saying that party did not uphold its duty of care, and instead, was careless.
  • Intentional wrongdoing
    A personal injury claim does not have to be based on an individual’s carelessness or recklessness. You may allege that someone hurt you on purpose, such as if you were assaulted.
  • Strict liability
    There are situations in which a person or business is responsible for your injuries based upon strict liability. Strict liability is often associated with products liability claims such as when you are injured due to a defective or dangerous product. If you are harmed by a hazardous product, then you may be able to hold the designer, manufacturer, or seller responsible. Dog owners and keepers may also strictly liable for bites caused by their pets.

How a Personal Injury Lawyer Can Help

While some personal injury claims are relatively straightforward and can be resolved without legal advice, many become complicated and contentious. The lawyers at Studinski Law, LLC, focus on personal injury cases.

Personal injury attorneys are well-versed in:

  • Investigating accidents that led to injuries
  • Determining liability for their clients injuries
  • Gathering evidence to support their client’s claim for compensation
  • Calculating a client’s damages related to their physical, psychological, and financial injuries
  • Filing any appropriate insurance claims
  • Communicating with insurers
  • Communicating with the other party’s and their legal teams
  • Handling the litigation process, including filing the lawsuit, discovery, and appearing in court
  • Dealing with clients’ creditors and medical bills while waiting on a settlement or jury award
  • Negotiating a financial settlement

Contact Our Wisconsin Personal Injury Lawyers for Advice

If you have been injured in an accident, call us at Studinski Law, LLC as soon as possible. The sooner you begin working with an experienced personal injury lawyer, the sooner you may be ready to negotiate a settlement. Hiring a personal injury attorney also increases the likelihood of obtaining a higher settlement or jury award for your injuries than if you worked alone. Call us today at (715) 343-2850 to schedule a time to talk.

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