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Should I File a Personal Injury Claim?

The personal injury lawsuit process is complicated and expensive for individuals who have chosen to take their case to court without the professional and expert legal representation of a personal injury attorney. When it comes to filing a personal injury claim, time, money, and knowledge is everything. Looking over one detail could land you in unnecessary debt and lost financial opportunity! Losing out on compensation can be the result of many different decisions made while filing your personal injury claim.

This is why you should never file on your ownalways hire a lawyer!

How to Know When to File Personal Injury Claim

Seeking compensation for any damage or personal injury caused by a business or individual party in Wisconsin cannot be done without answering a few important questions.

  • Is your lawsuit worth taking to court?
  • By when must you file a personal injury claim?
  • What are the costs of hiring a Wisconsin attorney for your case?
  • How exactly does filing a personal injury claim work?

Personal Injury Claim Free Consultation AppletonHow to Choose When You File a Lawsuit

When you’ve got high medical bills, lost wages, or no longer enjoy life as the result of a personal injury caused by a Wisconsin business, company, or independent party, you know filing a lawsuit is the best decision you can make. Keep in mind, how much you are able to be compensated for and how valuable your claim is depends on the severity of your injuries.

In Wisconsin, existing statues limit the amount of time you can wait before filing a lawsuit. In order for you to hire a personal injury lawyer to handle your case, your injury or damage has to have happened within 3 years since its occurrence. Taking any harm you’ve experienced to court more than 3 years after it has happened will get you nowhere.

How Much Does it Cost to Hire a Personal Injury Lawyer in Wisconsin?

At Tusler Law, you are able to receive a totally free personal injury case consultation to figure out how much it will lost to hire one of our expert attorneys to take on your personal injury case. Overall costs going into a lawsuit include fees for expert witnesses, copies of records, document preparation, and trial proceedings and preparation. During your personal injury case consultation, you can ask more about these numbers for a bigger picture.

Any other lawsuit questions on your mind? We've got answers.

Should I Sue?

Filing a lawsuit for your personal injury or damage done to your motorcycle or car is often times the best option if you need to be compensated for any losses. Knowing whether or not your specific case will stand well in court comes down to a number of circumstances, including the statuses of your case and laws set by the state of Wisconsin. Deciding to sue can open up doors of opportunity, but you must be careful not to walk down the wrong hallway – without a personal injury lawyer on your side, it’s easy to make mistakes!

Identify Who is at Fault

Unless you can prove the party you are choosing to sue is truly at fault for damages, you will not have a case worth taking to court. If you decide filing a lawsuit is feasible, it’s because you are confident either you or a professional personal injury lawyer can prove you deserve payment for harm caused to you.

Will You Get Money When Filing a Lawsuit?

Whenever you are physically impaired, injured, or harmed by a business or individual party, it feels personal. It won’t surprise you to discover the lawsuit process is just as personable. You see, hiring a personal injury lawyer is the best action you can take when taking your case to court, but at the end of the day, having a legal team on your side WILL cost you money.

If the business or independent party responsible for damages or injuries done onto you have reached out to you in order to settle the dispute before heading to court, you may want to take a moment to stop and debate. If the party is willing to fully compensate you, you may be able to get more money, as some of it won’t be used to pay off court fees. However, if you think their compromise or negotiation isn’t what it should or could be, hiring a lawyer is your next step.

It’s also important to keep in mind who you are planning to sue or bring a lawsuit against. What type of car did they drive? Did you ask if they were insured? Is the business new and struggling or well established and flourishing? Some parties will simply not be able to compensate you as much as you need based on their financial resources and coverage.

Tusler Law specializes in personal injury lawsuits – contact us today!


What Can I Expect From a Wisconsin Court?

When filing a lawsuit, there are two places your case can end up: a Small Claims Court or Superior Court of Justice. As you can imagine, these two centers handle different kinds of lawsuits and personal injury claims. Do you know where to take your case? The more you discover about filing lawsuits, the more you will see the role of money in the state’s court system.

Personal Injury Claim Filing Appleton

Small Claims Court

Whether you are suing a party because they owe you money, did not deliver merchandise you purchased, or have not kept up their end of their contracted terms of agreement, a small claims court may await you.

A small claims court costs much less and is reserved for claims set at $25,000 or less. If you win a larger claim than you originally filed your case for, you will not be able to claim more than $25,000.

When to File Personal Injury Claim Wisconsin

Superior Court of Justice

Almost any kind of civil case can land you in a Superior Court of Justice in Wisconsin, as long as your case is claiming for more than $25,000. It will inherently be far less expensive to take your personal injury claim to a small claims court, but if you have a big case, you may find yourself in an extremely formal setting to receive a judgement.

How Wisconsin Lawsuit Laws Affect Personal Injury Cases

Whether you are seeking to be handsomely compensated or you simply need a repair for your car, Wisconsin laws play a huge factor in the outcome of your personal injury lawsuit. Whether you are considering the effects of shared fault laws, strict liability, or damage caps, you may be severely limited in your ability to be compensated for damages.

Shared Fault Laws

In Wisconsin, you can be ruled as being partially liable for a car accident or slip and fall injury. If you share any type of fault for your personal injury, it is ruled under a comparative fault system your injuries should be able to heal without compensation. This is not a damning rule, however, seeing if you are only 40%, 30%, or 5% responsible for your personal injury or damage done to your car, you are able to collect compensation for the remaining percentage from the other parties.

This can make filing for a personal injury lawyer key when you are attempting to be compensated for your personal injury in a $3,000 case where you are expected to be ruled as 45% at fault. Be aware if you are more than 51% responsible for any personal injury, it will not be possible to receive damages under comparative negligence in the state of Wisconsin.

Car Accident Personal Injury ClaimStrict Liability

Dealing with a dog bite case in which YOUR dog is the one who attacked the other party? In Wisconsin, you don’t have many options. According to the Wis. Stat. Ann. § 174.02 statue, dog owners whose pet causes a personal injury is ALWAYS liable for the attack on a domestic animal or property, no matter the circumstance presented in court.

Damage Caps

In an effort to regulate the amount of compensation an individual can receive in a lawsuit, Wisconsin has enacted two damage caps with the possibility of severely restricting your case. This doesn’t mean it will be impossible for you to be fully compensated for damages, it merely means you cannot exceed what you need for your injuries.

Medical Malpractice

The most compensation one can receive for a non-economic damage or personal injury in the state of Wisconsin is set at $750,000. This covers compensation requested for pain, suffering, and any lost enjoyment of life caused by medical malpractice.

Personal Injury

If you are facing punitive damages in your case, you often times need to outline extreme or unacceptable conduct on the part of the defendant. The damage caps limits compensation to $200,000 or two times the award of compensatory damages. If you reach these limits, you will receive whichever is greater.

Claims Against the Government

The rules for hiring a personal injury lawyer to handle your case challenging a Wisconsin municipality or the state of Wisconsin itself with a personal injury case are much stricter than those surrounding businesses and other independent parties.

If you are filing a personal injury claim against the town, city, or government, you only have 120 days to file the notice. Without any type of formally written notice of your claim before the 120 day limit, you will not be able to file a lawsuit to be compensated for any damage or personal injury. Again, this highlights the importance of filing your claim with a personal injury attorney by your side.

Get the compensation you deserve!

No Win No Fee Injury Attorney Appleton

Hiring a Personal Injury Attorney in Wisconsin

With years of experience, Tusler Law has grown into a prominent Wisconsin law firm, dedicated to representing legal cases from around the state. Ron Tusler has dedicated his career to serving Wisconsin residents with the professional and expert legal representation they need after filing their claims. Many types of legal services are available with Tusler Law, such as:

If you don’t know whether or not you should file a personal injury claim, get in touch with a Wisconsin personal injury attorney at Tusler Law NOW. The possible consequences of delaying too long are dire. When you are harmed or have property damaged by the actions or services of a business or independent party, you deserve compensation. With Tusler Law, you will be on the right path to closing your case successfully.

Can’t decide if you should file a personal injury claim? Contact Tusler Law today.

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