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Personal injury litigation is subject to different regulations in every state. To bring a case in Wisconsin it is very important that you consult an experienced Wisconsin personal injury lawyer, who can guide you through the states unique laws.
Personal injury litigation includes many types of action, including car accident cases, defective products cases and medical malpractice cases. A personal injury claim in Wisconsin can arise from negligence or intentional wrongdoing.
In Wisconsin you must prove four elements to win any negligence case:
1. The defendant owed you a duty
2. The defendant did not fulfill that duty
3. The defendants breach of duty resulted in your injuries
4. You suffered damages
Wisconsin follows the doctrine of modified comparative negligence. This means that a defendant is responsible for the proportion of the damages equal to their proportion of the blame in the injury. However, a plaintiff cannot recover if they were 50% or more at fault for the injury. If the plaintiffs negligence was 49% responsible for an accident, a defendant can still be required to pay 51% of the damages. However, if the plaintiff was 50% responsible for the accident the defendant will not have to cover any damages.
Wisconsin personal injury law follows a hybrid doctrine of joint and several liability when determining liability between multiple defendants. Any defendant who is less than 50% at fault is only liable for the share of the damages equal to their proportion of the blame. Any defendant who bears more than 50% of the blame can be held liable for the whole amount of the damages. They can seek contributions from other defendants equal to their proportions of the fault.
In medical malpractice cases, non-economic damages are limited to $750,000 Non-economic damages include pain and suffering, loss of quality of life, loss of companionship, emotional distress and humiliation.
Wisconsin does not limit the amount awarded for punitive damages. Punitive damages are awarded to punish the defendant's wrongdoing.
In Wisconsin you have three years to file a personal injury lawsuit under the states statute of limitation.
If you are considering pursuing a claim in Wisconsin you need the counsel of a personal injury attorney who understands the nuances of Wisconsin law. The sooner you begin working with an attorney the easier it will be to build your case and reach a successful outcome.
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