The CDC reports over 24.8 million unintentional injuries and 224,000+ related deaths in the U.S. annually. Of these, more than three million injuries and 40,000 deaths are due to car accidents.
Though not the worst affected, Wisconsin’s numbers are still a cause for concern. More than 24,000 people were injured in car accidents in the state in 2020, while 594 lost their lives. Sadly, many victims never get compensation, and those that do rarely receive a befitting package.
For instance, if you live in Wisconsin and have sustained a personal injury in a car accident, you must consider speaking to Wisconsin lawyers for injury in a car accident. Your lawyer will determine whether you have a case, whether you can file a claim, and whom to sue. We’ve identified a few essential things you need to know about car accident injuries and the claims process in case you or a loved one is a victim.
1. What’s a Personal Injury?
“Personal injury” is a term for injuries resulting from other people’s negligence. It is a legal term for physical and emotional injuries.
Car accident injuries are the most common example. But they aren’t the only type of personal injury. Other examples are medical malpractice, slip-and-fall accidents, injuries due to defective products, and when the neighbor’s dog bites you. Wrongful death suits are also handled under personal injury laws.
2. The Burden of Proof
In a personal injury case like a car accident, the defendant is presumed innocent until the plaintiff proves otherwise. Fortunately, you only need to prove your claim by a preponderance of the evidence, meaning the evidence should prove that the defendant is “more likely than not” responsible for the damages.
To do this, you must prove three things. First, you must establish the defendant’s duty of care (such as the obligation to follow traffic laws and adhere to speed limits). Then you must show that they failed in this duty.
Finally, you must prove that the defendant’s negligence caused your injuries and that you deserve compensation. An experienced car accident lawyer can help with all three. Having Legal Representation for Car Crash Injuries is going to ensure that your rights are protected and that all aspects of your claim are thoroughly evaluated. Skilled attorneys can negotiate with insurance companies on your behalf, aiming to secure the compensation you need for medical bills, lost wages, and other damages.
3. How the Severity of Injuries Impacts Your Case
The type and severity of the injury determines how quickly the claim is settled and the size of the compensation. So, you must prove that you suffered serious and life-changing injuries to fast-track the case.
For instance, fractures are telltale signs of high-impact collisions. So, the defendant has nowhere to hide. The same applies to permanent injuries, such as the loss of body parts, loss of function in specific parts, and permanent damage to a body part.
Additionally, the compensation package depends on the importance of the loss. For instance, you deserve more if the injury causes cognitive impairment. But you require reports and records from medical experts to prove your claim.
4. Settlement vs. Full Trial
Most personal injury claims settle out of court. It’s a faster, less intensive process that gives both parties a better negotiation opportunity. For instance, you can negotiate a bigger compensation if the defendant has prior cases and doesn’t want to go to court.
However, out-of-court settlements may collapse for various reasons, such as an uncooperative defense or an unacceptable compensation offer. In that case, either party may file a case in a court of law for a full trial.
The judge and jury are the sole decision-makers in the court. They review the evidence, interview the witnesses, and decide the compensation terms.
5. Calculating the Damages
Car accident compensations (also known as damages) are pecuniary (monetary) and non-pecuniary (non-monetary). Pecuniary damages include the costs of medical treatment, medication, and lost income. It also includes medical equipment costs, such as wheelchairs and hearing aid. Meanwhile, non-pecuniary costs include pain and suffering.
The total compensation depends on the type of injury, the severity of losses, and your negotiation skills.
Most insurance providers offer structured settlements comprising regular installments over a specified period. Alternatively, you may receive a personal injury trust or annuity. A personal injury lawyer will help you choose the best package.
A car accident injury is a physical and emotional injury due to another party's (or driver’s) negligence on the road. Unfortunately, proving your case, evaluating the damages, and negotiating fair compensation is complicated. If you’re a victim, hire an experienced personal injury lawyer to help you deal with your accident case and get your rightful compensation.
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