General Questions About Tabak Law
A personal injury case arises when someone is hurt because of another party’s negligence or wrongful conduct. Common examples include car accidents, truck accidents, slip-and-fall incidents, workplace injuries, defective products, and wrongful death claims.
If you were injured because another person failed to act reasonably or safely, you may have a claim. A valid case generally requires proof that another party was negligent and that their conduct directly caused your injuries and losses. An attorney can review your situation and explain your options.
In most Wisconsin personal injury cases you generally have three years from the date of injury to file a lawsuit. Some cases, however — such as claims against government entities — carry much shorter notice requirements and deadlines. Missing the applicable deadline can permanently bar your claim, so it’s important to speak with an attorney as soon as possible.
Wisconsin uses a modified comparative negligence system. You can still recover compensation as long as you are not more than 50% at fault for the accident, but your award is reduced by your share of fault. For example, if you are found 20% responsible, your compensation is reduced by 20%. Insurers often try to shift blame onto injured victims to lower payouts, so having an experienced attorney can make a real difference.
You may be entitled to compensation for medical bills, lost income, future medical care, rehabilitation, property damage, pain and suffering, and emotional distress. In some cases, punitive damages may also be available. The value of any claim depends on the severity of your injuries and their long-term impact on your life.
Many personal injury cases are resolved through settlement negotiations without ever going to trial. If the insurance company refuses to offer fair compensation, your attorney may recommend filing a lawsuit and preparing for court. Even when a lawsuit is necessary to protect your rights, the vast majority of clients never need to appear in court.
Tabak Law handles personal injury cases on a contingency fee basis. That means you pay nothing upfront, and we are only paid if we successfully recover compensation for you.
Take these steps after an accident: 1) Call 911 to report the accident. 2) Seek medical attention immediately for any injuries. 3) Document the scene if possible — take photos of vehicle damage, the surroundings, and so on. 4) Gather contact information from the other driver and any witnesses. 5) Contact an attorney BEFORE giving any statement to ANY insurance company.