Most car accidents are minor and never result in severe injury, but some can be quite serious and may lead to car accident lawsuits. A car accident lawsuit is a specific type of personal injury lawsuit that usually comes about when someone suffers a serious injury or even death as a result of a vehicle accident through no fault of their own. In these types of lawsuits, the negligent party may be sued for monetary damages, which can help victims and their families better manage the financial repercussions of the accident.
There are three common questions that any car accident lawyer in Madison, WI will hear when consulting with a potential plaintiff, which are examined below.
Car accident lawsuits are filed by completing a legal document called a “complaint” and submitting it to the local court clerk. The complaint must be in a specific format, it must be filed with the correct court, and it must include the allegations that you are making about the defendant. You will have to prove these allegations in court later on. If you make a mistake in any part of your filing, the case could be dismissed or “thrown out” before it even gets started. This is one reason why we always advise consulting with a car accident lawyer in Madison, WI before proceeding to the courthouse on your own.
Wisconsin operates under the tort system and is a “fault” car accident state. This means that someone must be found to be at-fault for the accident. That person is then responsible for all expenses related to their fault responsibility, which could include financial expenses related to property damage, injuries, lost income, and even pain and suffering. The at-fault driver’s auto insurance policy should cover some of these damages, up to policy limits. Fault needs to be proved. This is another reason why early consultation with an experienced car accident attorney is so strongly recommended.
Damages are awarded based on the injuries and losses sustained, the facts of the case, and the evidence presented. Whether or not you are at fault for any part of the accident will also be taken into account. The court or jury will examine medical records and bills, hear testimony from doctors and medical providers and possibly your employer and family to determine a fair amount of damages to be awarded.
Pursuing a car accident claim requires the help of an experienced car accident lawyer. These professionals know the ins and outs of the local court system and will file your paperwork correctly. They have experience investigating evidence, building case arguments, and applying the law to win the damages you need.
If you are considering a car accident lawsuit in Wisconsin, call the personal injury car accident attorneys at Eisenberg Law Offices in Madison for advice and representation. Schedule a free consultation by calling Eisenberg Law Offices at 608-256-8356 or by emailing us at Info@eisenberglaw.org today.
Eisenberg Law has successfully represented our clients in thousands of Personal Injury, Criminal Defense and Family Law Cases during our 30-plus years in business.
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The Information Contained In This Site Is Not Intended To Provide Legal Advice. Please Consult An Attorney To Discuss The Facts Of Your Individual Situation. Eisenberg Law Office, S.C. 308 E. Washington Ave., Madison, WI 53703 USA (608) 256-8356