wis-injury.com is your source for information on personal injury, liability, insurance and compensation. There has been a traumatic event, usually an accident, medical bills are mounting, you or your loved one are no longer the same as they were before. Is there compensation available?
To recover in a personal injury action, the injured party must prove that someone else wrongfully caused the injury.
The principal method for recovering significant sums for the injured person is through personal injury actions. To recover in a personal injury action, the injured person must prove that someone else wrongfully caused the injury. And if there is a viable action, the injured person may recover many times the medical bills and lost wages as well.
If someone other than the injured person caused the accident, then the injured person can make a claim. If the injured person caused the accident, then no claim can be made. In many car accident cases, both drivers may be at fault. If the injured person was the driver, then the injured person can recover if the other driver was more at fault. If it is difficult to determine who was more at fault , a claim should be made. Passengers always have a right to make a claim, usually against both drivers and their insurance companies. Passengers can also make claims against the insurance company for their spouse or other relatives.
If the injury is caused, even partially by someone else's fault, a claim should be investigated. An experienced personal injury attorney should be consulted as there are often cases against parties that are not apparent to the injured person or his or her family. In most states, including Wisconsin, a personal injury accident can not be brought against the employer of the injured person, as the workers comp benefits are the exclusive remedy. However, just because an individual was injured at work, does not mean that no one else can be sued. For example, if a injured person was injured on a defective machine, the manufacturer of the machine could possibly be liable.
If there is enough insurance
or a big enough company involved, personal injury claims will
generally provide a greater recovery than social security or a
workers comp action. The reason for the higher compensation is
that the injured person is entitled to be compensated for the
full pain, suffering and disability incurred by the injured person.
Medical bills are fully recoverable, as well as is the loss of
earning capacity. Serious damages are best suited to the full
process of proof that a court case entails. While no amount of
money can replace what a injured person has lost, juries tend
to do their best when presented with the complete picture of disability.
If an insurance adjuster is there early in the process, seemingly generously offering to pay all medical bills, don't sign anything. When faced with the pressure of catastrophic medical bills, the promise to pay all the bills may sound wonderful. Regardless of how much they try to endear themselves to you, the insurance adjuster is not your friend. He is not offering to pay medical bills out of the goodness of his heart, but to avoid paying substantially more. The insurance adjuster's job is to pay as little as he can. An early offer to pay bills is tantamount to an admission that they realize they are responsible to pay far more.
Lawyers can be of great assistance to the injured person in recovering benefits to which he or she may be entitled. While it is possible to find your way through the multi-layered process to maximize a recovery without an attorney, it makes sense to at least talk to an experienced attorney to see what they could do for you. Most personal injury attorneys will not charge for the initial consultation.
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