Dealing with an unexpected injury from an accident that wasn’t your fault can be one of life’s most challenging experiences. The stress and uncertainty of managing a painful recovery and mounting medical bills are hard enough. The time-consuming and confusing process of filing an injury claim makes things even worse.

That’s where Schwaba Law Firm comes in. Andrew Schwaba provides compassionate and effective legal representation to those who have been wronged in Green Bay, Wisconsin. He has a history of securing favorable case results, with millions of dollars recovered to date, and Andrew brings that same commitment and diligence to every case he handles.

Don’t bear the weight of a personal injury case alone. Contact a Green Bay personal injury lawyer from Schwaba Law Firm today for a free consultation.

What Are Common Personal Injury Cases?

Many accidents and scenarios that stem from someone else’s wrongdoing can give rise to a personal injury case, including the following:

  • Crane accident cases
  • Construction accident cases
  • Power line accident cases
  • Toxic exposure cases
  • Brain injury cases
  • Spinal cord injury cases
  • Burn injury cases
  • Electrocution injury cases
  • Wrongful death cases

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What Types of Injuries Happen Due to Personal Injury Accidents?

From bruises and scrapes to fractures and amputations, personal injury accidents can cause a wide range of injuries. Here are some common examples:

  • Traumatic brain injuries
  • Spinal cord injuries
  • Dislocations and fractures
  • Burn injuries
  • Amputation injuries
  • Soft tissue injuries
  • Neck and back injuries
  • Disfigurement and scarring
  • Internal organ damage
  • Hearing and vision loss
  • Emotional distress
  • Post-traumatic stress disorder (PTSD)
  • Repetitive stress injuries
  • Herniated discs
  • Preventable infections
  • Hazardous exposure injuries
  • Lacerations and scrapes
  • Crushing injuries
  • Fatal injuries

How Do I Know If I Have a Personal Injury Claim?

To have a valid personal injury claim, you typically must have suffered harm due to another party’s negligent, reckless, or intentional conduct. This includes various kinds of harm, such as physical injuries, emotional distress, and financial losses. You must prove that the other party’s behavior contributed to your injury and that you experienced measurable losses as a result.

Common scenarios that give rise to personal injury claims include automobile accidents, workplace incidents, slip-and-fall accidents, and dangerous product incidents. Each of these situations requires a thorough evaluation of the facts and circumstances to determine whether a viable claim exists.

While you might have a general idea of whether you have a personal injury claim, it’s always wise to consult a personal injury lawyer in Green Bay to make sure. They can comprehensively assess your situation, explain your legal rights, and advise you on the potential strength of your claim.

What Must Be Proven in a Personal Injury Claim?

When you file a personal injury claim in Wisconsin, you must prove the following key points to demonstrate that you are entitled to compensation for your losses:

  • The other party had a responsibility to act in a certain way. For example, the other motorist involved in a traffic accident was responsible for driving safely and lawfully.
  • The other party failed to act according to those expected standards.
  • Their failure to act appropriately played a significant role in the event that caused you harm.
  • You suffered harm or losses as a direct result of this event.
  • The losses you suffered can be quantified in a way that a court can assign them a monetary value.

A knowledgeable Green Bay personal injury attorney can establish each of these elements for your personal injury claim. The lawyer does so by conducting an independent investigation into the incident, gathering useful evidence, and preparing compelling arguments on your behalf.

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Truck Accidents
Car Accidents
Bicycle Accidents
Pedestrian Accidents
Motorcycle Accidents
Products Liability
Workplace Injury
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What Damages Could I Be Entitled to in a Personal Injury Case?

In the context of a personal injury case, the term “damages” refers to the money you could be entitled to for your injury-related losses. Damages are meant to compensate you for these losses and restore you to the state you were in before the injury accident (or as near as possible).

Here is a list of common types of losses for which you could recover money in a personal injury case:

  • Medical expenses
  • Future medical costs
  • Rehabilitation costs
  • Lost income
  • Lost earning capacity
  • Pain and suffering
  • Emotional distress
  • Lost enjoyment of life
  • Loss of companionship
  • Property damage costs

Can I Still Get Compensation If I Was Partly to Blame for My Injuries?

Yes, you can still recover personal injury compensation even if you were partially at fault for the accident that caused your injuries. Your right to do so is governed by Wisconsin’s comparative negligence law.

This law imposes a modified comparative fault rule, which reduces the compensation you can receive by a percentage equal to your percentage of fault. For example, if you were held to be 20 percent responsible for an accident that cost you $100,000 in losses, the most you could recover would be $80,000 (your total losses minus 20 percent).

But there is a limit to this rule. If you were held to be 51 percent or more at fault for the accident, the law would bar you from recovering any money for your losses. In other words, the rule only applies if you are 50 percent or less at fault for the accident.

If the other side accuses you of contributing to an accident, working with an experienced Green Bay personal injury attorney is the best way to maximize your compensation. They can identify evidence that shows your degree of fault was lower than the other party’s and negotiate aggressively with insurance companies to ensure they don’t undervalue your personal injury claim.

How Long Does a Typical Personal Injury Case Last?

It depends. Factors such as the severity of your injuries, the distribution of fault, and the number of parties involved can influence the timeline of a personal injury case. Cases involving severe injuries or complex liability issues often require extensive investigation and negotiation, which can prolong the case’s duration. If liability is clear and the incident was relatively minor, the case might resolve quicker.

Remember, while it might be tempting to settle a case quickly, ensuring that any settlement adequately covers your current and future injury-related losses is more important. The best way to do this is to work with a Green Bay personal injury lawyer who can maximize your settlement while handling your case efficiently.

How Long Do I Have in Wisconsin to File a Personal Injury Lawsuit?

In most cases, you have three years from the date you got hurt to file a personal injury lawsuit against a liable party. However, certain exceptions that lengthen or shorten this timeline could apply.

For example, suppose you did not discover the injury immediately after the incident that caused it. In that case, your three-year filing period might begin on the “date of discovery” rather than the date of the incident. Similarly, if your case involves a government entity, you might have only months to act rather than years.

Missing a filing deadline could have significant consequences for your case, possibly eliminating your right to pursue a lawsuit and obtain money for your losses. Consulting an experienced Green Bay personal injury lawyer is essential after any injury accident, as they can identify key case deadlines and protect you from preventable errors that could jeopardize your compensation.

How Soon Should I Start a Personal Injury Claim?

While Wisconsin law provides a three-year window for most personal injury lawsuits, starting your personal injury claim immediately after an injury is advisable.

When you initiate your claim promptly, your lawyer can begin collecting crucial evidence while it is still fresh and available. Over time, evidence can degrade or become lost, and witnesses’ memories can fade, making it more challenging to prove your case.

Additionally, getting legal advice early in the process allows your attorney to guide your actions, protect your rights, and establish a solid foundation for your claim. The sooner you act, the better it is for the potential success of your injury claim.

What Will a Green Bay Personal Injury Lawyer Do for My Case?

When you team up with a personal injury lawyer in Green Bay, Wisconsin, they can support you and your case by:

  • Evaluating the merits of your case, explaining your rights, and advising you on your next steps
  • Gathering and preserving evidence to support your claim and demonstrate liability
  • Estimating a reasonable value for your claim so you never settle for less than you deserve
  • Handling all communication with the other side to protect your interests
  • Negotiating with the at-fault party’s insurance company to seek a fair settlement
  • Representing you in court, if a settlement cannot be reached and your case goes to trial
  • Preparing and filing all necessary documents for a lawsuit within the appropriate timelines
  • Advocating for your interests and protecting your rights throughout the entire process
  • Working on a contingency fee basis, so you only pay legal fees if you get money for your claim

Contact a Green Bay Personal Injury Attorney Today

Ready to reclaim control of your life after an injury accident? Schwaba Law Firm is here to help. Get in touch with Andrew Schwaba today to begin your free initial case evaluation.