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Is It Worth Suing After an Accident in Wisconsin?

— June 24, 2022

When you deal with an insurance company, they will award you compensatory damages. If you are seeking punitive damages as well you should go to court.

When you are seriously injured in an accident in Wisconsin, you won’t have to deal only with the pain and the uncertainty about your recovery, but also with the terrible financial burden of those mounting medical bills. Most people rely on their insurance to cover their damages but many also wonder whether they should sue the party at fault. This is something only a knowledgeable Wisconsin accident lawyer can tell you and you should consider talking to one before taking any action.

How do you deal with an accident in Wisconsin?

If you are injured in any sort of accident, motor vehicle crash, medical malpractice, nursing home abuse, slip and fall, etc., you should file a personal injury claim. After a car accident you should file a claim with your own insurance company, but for other types of accidents you’ll probably have to take it up with the insurer of the party at-fault.

The main problem is that insurance companies use all sorts of pretexts to minimize the value of a claim or deny it altogether. They wouldn’t be making those billions of dollars in profits if they handed out large sums of money to any claimant. They have plenty of experience covering their tracks, so you don’t have much of a chance to recover the damages you deserve if you don’t have a skilled Milwaukee accident lawyer fighting for your rights.

When should I sue after an accident?

Accident lawyers prefer to settle a personal injury claim. It is much faster and less expensive than a lawsuit. However, if this is not possible and the insurance company refuses to offer fair compensation, you will probably have to file a lawsuit. Even so, few of the lawsuits ever go to trial as the insurer will probably cave at some point and make you a decent offer rather than go to court. 

On the other hand, your lawyers might suggest filing a lawsuit if they feel you can get more in damages. 

When you deal with an insurance company, they will award you compensatory damages. If you are seeking punitive damages as well you should go to court.

Compensatory damages can be economic and non-economic. 

Economic damages refer to your medical expenses, the damage to your property, and the lost wages. You can be compensated for the wages you lost while you were recovering, but you can also get damages for lost earning ability if you sustain a disability that leaves you unable to work.

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Non-economic damages are meant to compensate you for your pain and suffering. It is hard to put a price on physical pain or mental anguish, so you’ll need a seasoned lawyer to negotiate that with the insurance company.

Punitive damages are awarded by the jury in a personal injury lawsuit. Your lawyer will have to prove it was more than simple negligence if you are to get punitive damages. Your lawyer will have to convince the jury the other party acted with malicious intent or with complete disregard for your safety. 

In the state of Wisconsin, you cannot get more than $200,000 in punitive damages. There is one exception though and this refers to drunk-driving cases. This type of damage is meant to punish the guilty party and dissuade other drivers from doing the same, so there is no cap on punitive damages in DUI cases. 

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