Appleton Personal Injury Lawyer
Experienced Personal Injury Attorneys Serving Appleton, WI
Personal injury accidents can result in injuries that can alter the course of one’s life completely. In addition to this emotional and physical trauma, there is a huge financial burden to bear. Nobody should have to go through all this.
If you have been injured in a personal injury accident, you should speak to a qualified personal injury lawyer. This is so that your case may be reviewed and the best options for recovering compensation, identified. Some of the common areas we cover in personal injury are motorcycle accidents, car accidents, truck accidents, wrongful death, premises liability, and more.
Our Appleton personal injury lawyers at MacGillis Wiemer LLC, are one of the best in the city of Wisconsin. We have all of the resources needed to get you the compensation you deserve. We have helped many victims of personal injuries, protect their rights, and get the justice owed them. Let us do the same for you, reach out to us today.
How To Prove Negligence In A Personal Injury Case
To receive compensation, you need to prove that the other party was negligent. If these elements are not established and proven, your lawsuit may be rendered invalid. The elements that need to be proven are:
- Duty of care: A duty of care is a legal responsibility to act in a way that does not cause harm. The other party must owe you a duty of care before negligence can be proven. You can either be owed a duty of care or a special duty or both.
- Breach of duty: A breach of duty is acting in a manner that violates the duty of care. If it can be proven that the other party breached said duty, they can be held responsible. An example of careless or negligent action or inaction by the other party can be refusing to alert you of a ditch in their compound.
- Cause: It must be established that this breach of duty was the direct cause of your injuries. If the actions or inactions of the other party were not the cause of your injury, your claim for compensation will not pull through.
- Damages: It also needs to be proven that you have suffered damages from the other party’s action or inactions. These damages may be property or financial.
Recovering Compensation In A Personal Injury Lawsuit
In Appleton, Wisconsin, the law allows you to seek to protect yourself from the negligent actions of others. And so, you are able to receive compensation for your injuries. Compensations are mostly monetary and would be awarded once you are able to prove the negligence of the other party.
There are 3 types of compensation you may be able to receive, they are economic, non-economic, and punitive compensation. Pain and suffering, medical bills, psychological and mental trauma, damaged property, loss of wages are some of the economic and non-economic compensations you may receive. Punitive damages or compensation are awarded when there have been serious malicious wrongdoings. They may be in no way tied to the injury but they are awarded to punish the at-fault party and dissuade others from that sort of behavior.
The compensation you receive may be significantly affected if you are found partly at fault for your accident. This falls under Wisconsin modified comparative fault system. What this means is that if you are found more than 50% at fault for your accident, you will not receive any compensation.
But if you are found less than 50% at fault, you may be able to recover damages. On the flip side, your percentage of fault will be deducted from the amount of compensation awarded. So, if you are found to be 20% at fault, and you were awarded a compensation of $100,000. You will only receive $80,000.
Reach Out To Our Appleton Personal Injury Lawyer For Swift And Solid Representation
If you have sustained injuries in a personal injury claim, let our Appleton personal injury lawyer at MacGillis Wiemer LLC, fight for you. Contact us right away and we can work hard for you helping you receive the compensation you rightfully deserve.