Personal Injury

Determining the worth of a personal injury case can be complex, as it involves various factors that influence the compensation you might receive. Here are the key steps and factors to consider when assessing the potential value of your personal injury case:

1. Severity of Injuries: The extent and severity of your injuries play a significant role in determining compensation. More severe injuries generally result in higher compensation, as they might require extensive medical treatment and have a larger impact on your life.
2. Medical Expenses: Calculate all your medical expenses related to the injury, including hospital bills, doctor visits, surgeries, medication, therapy, and any future medical treatments you might need due to the injury.
3. Lost Income and Earning Capacity: If your injury led to missed work or reduced earning capacity, you can claim compensation for the wages you've lost and the potential income you could have earned if the injury hadn't occurred.
4. Pain and Suffering: This refers to the physical and emotional distress caused by the injury. It can be harder to quantify, but it's an important factor in determining compensation. Some legal systems use a multiplier (e.g., multiplying medical expenses by a certain factor) to estimate pain and suffering damages.
5. Property Damage: If your personal property (like a vehicle) was damaged in the incident, you can include the cost of repairs or replacement in your compensation claim.
6. Permanent Disability or Disfigurement: If the injury resulted in a permanent disability or disfigurement, this could significantly impact the value of your case. Compensation considers the long-term impact on your quality of life.
7. Liability and Negligence: If someone else's negligence or wrongdoing caused your injury, their degree of fault will affect the compensation. The clearer it is that the other party is at fault, the stronger your case may be.
8. Comparative Negligence: If you are partially at fault for the accident, your compensation might be reduced proportionately. Some jurisdictions follow a comparative negligence system that allows recovery even if the injured party is partially at fault.
9. Insurance Policy Limits: The insurance policy of the at-fault party might have limits on how much they will pay. This can impact the maximum compensation you can receive.
10. Location and Jurisdiction: The legal system and practices in your jurisdiction can influence compensation amounts. Different jurisdictions have different rules and standards for personal injury cases.
11. Legal Representation: Hiring an experienced personal injury attorney can significantly affect the outcome of your case. They can help you navigate the legal process, negotiate with insurance companies, and ensure you receive fair compensation.
12. Settlement vs. Trial: Most personal injury cases are settled out of court. However, if a trial is necessary, it can influence the potential compensation amount. Trials can be unpredictable, and outcomes might differ from what's expected.

There is always a statute of limitations. This would limit the time you have to file a claim after the date the incident took place. In Wisconsin, there is a 3 year statute. 

1. The most important things to do is to make sure you visit your primary care doctor or a health clinic to make sure your injury is treated properly. An important thing to remember is that, if you postpone a doctors visit it can negatively impact your case. 
2. The next step would be for you to contact an attorney to represent your case. Before talking to anyone about your case, make sure you get the "ok" from your attorney or to have them be with you. 
3. In order to prove that you were injured and someone is to blame, you must have proper evidence and documentation of the event.
   • Take pictures of any injuries. 
   • Write down exactly what happened from your narrative. 
   • Create a list of potential witnesses along with their contact information.
   • Make sure to be in close contact with your attorney in case they want any other forms of evidence for your case. 

If the defendant is found to be more liable for the incident than you, you are still able to receive compensation for those damages. 

Yes, and sometimes this makes sense. However there are a few things to consider before self representation. 

1. Legal Expertise: Personal injury cases involve complex legal procedures, rules, and regulations. Lawyers have a deep understanding of these intricacies, which can greatly impact the outcome of your case.
2. Case Assessment: An experienced attorney can evaluate the strength of your case objectively. They can help you understand the potential value of your claim and advise you on the likelihood of success.
3. Negotiation Skills: Lawyers are skilled negotiators who can advocate for your best interests during settlement discussions with insurance companies or opposing parties.
4. Evidence Collection: Gathering and presenting evidence effectively is crucial in a personal injury case. Attorneys know how to gather and present evidence to build a strong case on your behalf.
5. Legal Strategy: Developing a winning legal strategy often requires a deep understanding of the law and legal precedents. Lawyers can create a strategy tailored to your specific circumstances.
6. Courtroom Experience: If your case goes to trial, an attorney's experience in courtroom proceedings can make a significant difference in your ability to present your case persuasively.
7. Emotional Distance: Personal injury cases can be emotionally charged, and having an attorney can provide an objective perspective that helps you make rational decisions.
8. Time and Effort: Legal proceedings can be time-consuming and require a significant amount of effort. An attorney can handle the legal work while you focus on recovering from your injuries.
9. Complexity of Law: Personal injury laws vary by jurisdiction and can be complex. An attorney familiar with local laws can guide you through the process more effectively.
10. Risk of Mistakes: The legal system has strict rules and deadlines. Mistakes in paperwork or missed deadlines can harm your case irreparably. Attorneys are well-versed in adhering to these requirements.