Brookfield Personal Injury Lawyer

A personal injury lawyer Brookfield, WI relies on knows that slip and fall accidents can be devastating. While you may have a doctor examining you to make sure your injuries do not get worse, getting injured from a slip and fall accident can overhaul your life. You may have fractured your hip bone or you may have injured your head when you hit the ground. In any case, you should reach out to your attorney to see how they can represent you during your recovery process. Getting injured in an accident can be incredibly lonely and you may feel that this is your burden to take on without help. However, a trusted attorney from Hickey & Turim, SC knows that you do not have to go through this alone. 

So let’s take a moment to talk about the type of personal injury cases that might require a personal injury lawyer in Brookfield, WI.. First up his motor vehicle accidents, every year millions of people are injured and sometimes they die in motor vehicle accidents. You can be injured in a motor vehicle accident as a driver, passenger or pedestrian and you may be entitled to monetary compensation for your personal injuries and financial loss.

Next on the list is medical malpractice which is negligence of doctors, nurses, hospitals and other medical professionals. Often it is severe and serious. There are many different types of medical malpractice, including misdiagnoses, improper treatment, surgical errors, medication mistakes, pharmacy errors, birth injuries, and failure to diagnose cancer or other serious health conditions. Medical my practice cases are going to be complex and are going to wire the use of the personal injury lawyer in Brookfield, WI background in malpractice.

Next on the list is wrongful death and as this term implies this term means that somebody has been wrongfully killed due to someone else’s carelessness. Most wrongful death lawsuits are going to come from car and truck crashes, nursing home neglect, medical malpractice, construct accidents and airplane accidents. 

Workplace accident is when someone is injured or killed while working for their employer. In general, employees are not allowed to file a personal injury lawsuit against their employer. Instead, they must make a claim under the Workers’ Compensation Act, which requires employers to provide various benefits to injured workers..

Premises liability is going to refer to accidents caused by dangerous or defective conditions on someone’s property. These accidents can occur anywhere from commercial properties like grocery stores and restaurants to the neighbor’s home or a public or private swimming hole. A wide range of defective or dangerous conditions can give rise to premise liability claims, ranging from falling down a staircase because of a missing hand railing or tripping over an obstacle to slipping on a spill. When you are injured due to premises liability you need to ensure that you document the dangerous or defective condition as soon after the accident as possible. 

Products liability is dangerous and defective products can cause serious injury in the home, public places or at work. Oftentimes these products are improperly labeled and improper warnings and operation manuals may lead to injuries. Examples of lungful products can include dangerous drugs, food, consumer-products and children’s products. Vehicle parts that are defective, medical devices, toxic materials and chemicals all count as well.

Furthermore there are a handful of other types of personal injury cases that you may encounter in your lifetime. You might find nursing home abuse or neglect is extremely common, aviation and boating accidents are other common ways to be injured, dog bites are so common that many states have laws regarding dog bite injuries. Brain injuries, birth injuries, burn injuries and spinal cord injuries along with other catastrophic accidents and injuries, food poisoning as well as asbestos poisoning and mesothelioma might lead you to find and work with personal injury lawyers as well.

What will you need to do when filing a slip and fall injury claim? 

The first thing an attorney will probably ask you is how the accident occurred. They will want to know if you were partially at fault for the accident and who the defendant in this case will be. For example, were you eating at a restaurant and slipped on a puddle that a waiter spilled? Or were you at a convenience store and tripped over broken steps? Identify how the accident occurred and who the defendant is. You will also need:

• To gather evidence. A Brookfield, Wisconsin personal injury attorney can help ensure you have evidence for your claim. This could be video footage from the property or a statement from a witness who saw the accident happen. 

• Know what the statute of limitations is. This will be different in different states. In Wisconsin, you usually have three years from the time of the accident to file your case. 

• To know if you were partially at fault. This is not uncommon. In Wisconsin, you need to be less than 51% at fault so that you can recover some amount of damages for your injuries after an accident. Expect to have your compensation reduced if you are found to be partially at fault. 

• To prepare for a settlement. Speak openly with your attorney about what you may be able to expect when receiving a settlement. Insurance agents want to make sure their company is spending as little as possible. If the number they give you is not fair, discuss the possibility of going to court with your attorney. 

To see how a personal injury lawyer in Brookfield, Wisconsin from Hickey & Turim, SC can help you, reach out to us now. 

What to Look for in a Personal Injury Lawyer

If you want to pursue an injury case, it is important to work with a personal injury lawyer Brookfield, WI residents trust. Personal injury cases can have a lot of complexities, you will want someone knowledgeable and experienced on your side from our firm Hickey & Turim, SC. However, with so many different lawyers out there, it can be tricky to select the right one.

Here are a few things you should look for in a personal injury lawyer.

• Specialize in personal injury lawyer. First and foremost, you will want to work with a lawyer who specializes in personal injury law cases, like car crashes, medical malpractice and slip and fall accidents. While some lawyers have a general practice that touches on several areas of law, it may be in your best interest to hire a lawyer who only focuses on personal injury cases. You may have a better chance of a successful outcome this way.
• Have experience with cases similar to yours. Since personal injury is such a broad area of law, not all personal injury lawyers may not have experience with your specific type of case. For the best possible outcome, try to select a lawyer who has experience with your specific type of personal injury case. For example, if you suffered harm while under a medical professional’s care, you will want to work with a medical malpractice lawyer rather than one who specializes in car accident cases.
• Possess strong negotiation skills. One of the most important aspects of being a Brookfield WI personal injury lawyer is negotiating with the insurance company. Insurance companies care about the bottom line first and are not looking out for your best interests. That is why it is important to choose a lawyer who possesses excellent negotiation skills. He or she should not feel intimidated by the insurance company and work hard to get you the settlement you deserve.
• Have trial experience. Most of the time, personal injury cases get settled out of court. However, if the insurance company will not offer you a fair settlement, it may be in your best interest to go to trial. In this situation, it is essential to work with a lawyer who has plenty of trail experience. Your lawyer should feel confident to present your case in front of a judge and jury.
• Possess good communication skills. In order to provide you with good legal representation, your lawyer must communicate well. He or she should be able to explain legal jargon in language you can understand and keep you up to date on new developments in your case. You never want your lawyer to make you feel in the dark.
• Have compassion. Sustaining injuries in an accident can be quite traumatic, so it is good to have a Brookfield, WI personal injury lawyer who is compassionate. He or she should recognize that you’ve been through a rough time and work hard to get you the justice you deserve.

How can a personal injury lawyer help? 

If you or someone you care about has been injured because of someone else’s negligence, it may be in your best interest to discuss your situation with a Brookfield, WI personal injury lawyer in your area. A lawyer can inform you about your rights and be objectivity to your case. They will ask you several questions to learn more about the accident. It is essential that you speak truthfully and in as much detail as possible. A lawyer can help you see the bigger picture more clearly and how you can move forward with your case. They can also answer your questions about your case and what you can expect from having a lawyer on your team. 

Damages in a Personal Injury Case 

Personal injury cases often result in extensive damages awarded to the victim. Damages are the losses that you have experienced as a result of the accident. You can be compensated for things such as the cost of your current and future medical treatment, loss of your property, emotional pain, and more. As a personal injury lawyer in Brookfield, Wisconsin can tell you, insurance companies use a special formula to calculate damages, but you should always refer to a lawyer so that they can do their own calculations as well to ensure that the amount is accurate.

When you suffer an injury due to someone else’s negligence in Brookfield, WI, you have the right to seek compensation for the damages you’ve incurred. Understanding the types of damages available can help you navigate the legal process more effectively. At Hickey & Turim S.C., we specialize in personal injury law and are dedicated to ensuring our clients receive the compensation they deserve. Here are the primary types of damages you can claim in a personal injury case:

Economic Damages

Economic damages, also known as special damages, are intended to compensate for financial losses directly resulting from the injury. These are quantifiable expenses and include:

• Medical Expenses: This includes all medical costs related to the injury, such as hospital bills, surgical costs, medication, physical therapy, and any future medical expenses that may arise.
• Lost Wages: If your injury has caused you to miss work, you can claim compensation for the income lost during your recovery period.
• Loss of Earning Capacity: If the injury has impacted your ability to earn in the future, you may be entitled to compensation for the difference between your earning capacity before and after the injury.
• Property Damage: If any personal property was damaged as a result of the incident (e.g., a car in a vehicular accident), you could claim the cost of repairs or replacement.

Non-Economic Damages

Non-economic damages, also known as general damages, are intended to compensate for non-monetary losses that are more subjective and harder to quantify. These include:

• Pain and Suffering: This encompasses the physical pain and emotional distress you have experienced as a result of the injury.
• Emotional Distress: If the injury has caused significant emotional or psychological impact, such as anxiety, depression, or PTSD, you can seek compensation.
• Loss of Enjoyment of Life: If your injury has hindered your ability to enjoy day-to-day activities and hobbies, you may be entitled to damages for this loss.
• Loss of Consortium: This relates to the impact the injury has had on your relationship with your spouse or family members, including loss of companionship and support.

Punitive Damages

In certain cases, punitive damages may be awarded in addition to economic and non-economic damages. These are not intended to compensate the victim but to punish the defendant for particularly reckless or malicious behavior and to deter similar conduct in the future. Punitive damages are relatively rare and are typically only awarded in cases where the defendant’s actions were especially egregious.

Reasons to Hire a Personal Injury Lawyer 

Having a personal injury lawyer work for you can greatly reduce the stress that you have to go through. As an accident victim, you should not have to deal with the aftermath of a case. Hire a dedicated lawyer at your side who will be able to fiercely advocate for your rights as a victim.  Personal injury claims are highly complex. There are many forms that must be filled out for the claim to be submitted. There are too many risks in getting a claim wrong and you can lose out on compensation that you are entitled to.

Understanding the Statute of Limitations for Personal Injury Cases in Brookfield, WI

When pursuing a personal injury claim, one of the critical legal considerations is the statute of limitations. This legal concept refers to the deadline within which you must file your lawsuit. In Wisconsin, the statute of limitations for personal injury cases is a crucial factor that can significantly impact your ability to seek compensation. At Hickey & Turim S.C., we want to ensure our clients are fully informed about their rights and the timelines that govern their cases.

What is the Statute of Limitations?

The statute of limitations sets a specific time frame within which a plaintiff must file a lawsuit. If this period expires, you lose the legal right to pursue a claim, regardless of the merits of your case. The purpose of the statute of limitations is to encourage timely filing and to ensure evidence remains fresh and available.

Wisconsin’s Statute of Limitations for Personal Injury Cases

In Wisconsin, the statute of limitations for personal injury cases is generally three years from the date of the injury. This means you have three years from the date of your accident or injury to file a lawsuit in court. Failing to do so within this time frame typically results in the court dismissing your case.

Exceptions to the Statute of Limitations

While the three-year statute of limitations is standard for most personal injury cases in Wisconsin, there are exceptions and specific circumstances that can alter this timeframe:

1. Discovery Rule: In some cases, the injury or its cause may not be immediately apparent. The statute of limitations may be extended based on the date when the injury was discovered or reasonably should have been discovered.
2. Minors: If the injured party is a minor (under 18 years old), the statute of limitations does not begin to run until the minor reaches the age of 18. Therefore, they typically have until their 21st birthday to file a lawsuit.
3. Incapacity: If the injured party is deemed legally incapacitated at the time of the injury, the statute of limitations may be tolled until the incapacity is lifted.
4. Claims Against Government Entities: If your claim is against a government entity, different rules apply. In Wisconsin, you must file a notice of claim within 120 days of the injury, and the statute of limitations for filing a lawsuit is shorter than for other personal injury cases.

Importance of Acting Promptly

Understanding and adhering to the statute of limitations is vital for preserving your legal rights. Acting promptly not only ensures compliance with legal deadlines but also aids in gathering and preserving evidence, locating witnesses, and building a stronger case. Delays can result in lost evidence, faded memories, and a weakened legal position.

Frequently Asked Questions About Personal Injury Laws in Brookfield, WI

What should I do immediately after a personal injury accident?

After a personal injury accident, prioritize your health and safety. Seek immediate medical attention, even if your injuries seem minor, as some symptoms may not be immediately apparent. Document the accident scene by taking photographs and gathering contact information from witnesses. Report the incident to the relevant authorities, such as the police or your employer if it was a workplace accident. Finally, contact a personal injury attorney to discuss your case and understand your legal options.

How do I know if I have a valid personal injury claim?

To determine if you have a valid personal injury claim, consider whether your injury resulted from another party’s negligence or wrongful actions. A valid claim typically involves proving that the other party owed you a duty of care, breached that duty, and caused your injuries and damages as a result. Consulting with a personal injury attorney is crucial, as they can evaluate the specifics of your case, gather necessary evidence, and provide a professional assessment of your claim’s validity.

What types of compensation can I seek in a personal injury case?

In a personal injury case, you can seek various types of compensation, including economic and non-economic damages. Economic damages cover tangible losses such as medical expenses, lost wages, and property damage. Non-economic damages compensate for intangible losses like pain and suffering, emotional distress, and loss of enjoyment of life. In some cases, punitive damages may also be awarded to punish particularly egregious behavior and deter future misconduct.

How long do I have to file a personal injury lawsuit in Wisconsin?

In Wisconsin, the statute of limitations for filing a personal injury lawsuit is generally three years from the date of the injury. This means you must initiate legal action within this period, or you risk losing the right to pursue compensation. However, certain exceptions and specific circumstances can alter this timeframe, such as cases involving minors, incapacitated individuals, or claims against government entities. Consulting with an attorney promptly ensures you meet all necessary deadlines.

How can a personal injury lawyer help me with my case?

A personal injury lawyer can provide invaluable assistance throughout your case by offering expert legal advice, negotiating with insurance companies, and representing you in court if necessary. They will help gather evidence, document your injuries and damages, and build a strong case to maximize your compensation. An attorney’s experience and knowledge of personal injury laws ensure that your rights are protected and that you receive fair treatment and a just settlement for your injuries.

Receive Urgent Legal Assistance

There are many benefits you can gain from talking to a lawyer. Don’t make the mistake of waiting until the last minute to request legal assistance. There is limited time to file a claim. You need to have the right documents, evidence, and other things submitted to receive compensation. Learn more about legal services you can have access to and how a personal injury lawyer in Brookfield, Wisconsin at Hickey & Turim, SC can be there to support you.