Rice Lake Personal Injury Lawyers

A common way of proving liability is by showing how the defendant was negligent. The first step is to establish the other party had a legal duty of care. For example, the driver of a car has a duty of care to their passengers and other vehicles on the road.

Next, the injured party has to prove the defendant breached the duty of care. For instance, a dog owner failed to secure their pet properly. The breach should have caused the injuries directly. The harm led to damages, such as medical expenses or property damages.

For product liability cases, “strict liability” may apply instead. The victim does not need to prove negligence to obtain compensation. In some cases, you can establish intentional conduct to prove who was at fault for the incident. The liable party committed the offense with the desired purpose or with significant certainty of the consequences. Assault and battery cases generally use intentional conduct.

The one who determines liability can depend on the circumstances of the case. If a Rice Lake personal injury attorney represents the injured party, they usually investigate the claim thoroughly. The firm at Nicolet Law Accident & Injury Lawyers often reviews medical and police reports to get a better understanding.

Once the lawyer discovers all the possible at-fault parties, they will determine who is and is not liable. Then, they present the case to the opposing side in settlement negotiations, or before a court.

Of course, the insurance company generally holds an independent investigation. They may draw different conclusions as to who caused the accident. If no one can reach an agreement, a civil court judge or jury may give the final verdict on who was negligent. A civil court judge or jury gets involved if you and your attorney file a personal injury lawsuit.

Wisconsin is one of the several states with laws to cap the amount of compensation a person can receive in certain kinds of claims or lawsuits. The rules normally apply to specific types of cases. Wisconsin caps non-economic damages at $750,000 for medical malpractice cases only. Non-economic damages would include lost enjoyment of life and pain and suffering.

A person can recover punitive damages in all types of injury cases up to a maximum of $200,000 or twice the amount of compensatory damages, whichever is greater. However, victims do not get reimbursed for punitive damages very often. The plaintiff would need to show proof of extreme negligence or malicious intent from the defendant.

Typically, you do not need to wait long to receive your settlement check once a case is settled. A person might get their check in a week or two. In some cases, the waiting period may last three to six weeks. The insurer may delay issuing payment until they obtain your signed release.

Once the check arrives, your attorney will create a settlement statement. The statement includes the collected amount and how much fees and court costs they subtracted. After the lawyer deducts the legal fees, you will receive your compensation.

In exchange for getting your reimbursement and additional damages, you may need to sign a release in the settlement. Sometimes called a waiver, a release is a legal document in which you give up certain legal rights. The defendant and their insurer gain protection from any further legal action. The injured party can expect their settlement check in return.

The document allows the case to resolve, and all the parties can move on. You may need to get permission from your insurance company before signing a release, especially for car accident claims. You should have a personal injury attorney to help you look over the document before signing to prevent misunderstandings.

A settlement might arrive in the form of a lump sum. A lump-sum payment means you get all the money at once. Some people choose a lump sum for liquidity and the ability to decide where to invest the money.

Another method of payment is a structured settlement. With a structured settlement, you receive compensation in the form of a series of payments. Both parties will determine the timeline in which you get the money. A person might choose a structured settlement for money management reasons and to meet long-term goals.

Your settlement generally remains tax-free regardless of which form you choose, except in certain instances depending on the language of the settlement agreement and the purpose. 

Nicolet Law Accident & Injury Lawyers dedicate ourselves to empowering every client. Our team not only represents individuals, but is also passionate about staying involved with our community. Each case is different and will have varying results. The attorneys at our firm commit to achieving the best outcome possible for our Rice Lake neighbors.

If you believe you have a personal injury case, reach out for a free case review. We serve multiple locations in Wisconsin, including Rice Lake. To learn more about your personal injury claim, contact Nicolet Law Accident & Injury Lawyers now for your free case evaluation.