Personal Injury Law: An Overview

The Previant Law Firm

If you’re injured by the fault of someone else and you are left with damages, you may wonder how you can recover what you’ve lost. That’s exactly what personal injury lawsuits aim to do: recover losses for the injured.

Read on to learn more about the basics of personal injury law in the United States.

What Makes a Personal Injury Case

When another person or entity may be at fault for your injuries, you might have a personal injury case. It is possible for personal injury cases to result in civil lawsuits, or can also be handled using informal settlement agreements.

In addition, it is possible for these types of cases to be handled using alternative dispute resolutions, which occur when an agreement is reached between a trial and informal settlement negotiations, such as mediation and arbitration. These solutions require a third-party that is neutral, such as a mediator or an arbitrator to lead the negotiations and may even deliver a resolution.

Injuries That Prompt Litigation

You may become injured due to endless possibilities. In certain instances, another person or entity is to blame for your injuries. In other circumstances, you may be at fault for your own harm. When someone else is at fault for your injuries, you are likely to have a legitimate personal injury claim.

What is interesting to note about personal injury cases is that even in cases of assault, battery, and slander, the offender’s intention does not need to be to harm you. Alternatively, the offender’s only intention needs to be to execute a certain action.

For example, if someone removes the wheel from your desk chair and then you fall and break your arm because of the missing wheel, the wheel remover may be held liable for your injuries. Even though the person who removed the wheel from your chair may not have intended for you to fall and break your arm, they did intend to remove the wheel from your chair.

Another way a personal injury case may arise is through negligent actions that result in someone getting hurt. The following are the four elements of negligence:

  • Duty
  • Breach
  • Causation
  • Damages

You must be able to prove all four elements in order to have a valid personal injury case.

Types of Injuries

There is an endless number of injuries that arise for all sorts of reasons. The following list provides some of the most common injuries that result in personal injury lawsuits:

  • Animal and dog bites
  • Assault
  • Battery
  • Birth injury
  • Bicycle accidents
  • Brain injury
  • Car accidents
  • Defective and dangerous products
  • Drowning
  • False imprisonment
  • Food poisoning
  • Invasion of privacy
  • Medical malpractice
  • Mold
  • Motorcycle accidents
  • Nursing home abuse
  • Oil spills
  • Pedestrian accidents
  • Premises liability
  • Slander
  • Slip and fall accidents
  • Truck accidents
  • Workers’ compensation
  • Wrongful death

Statute of Limitations

Each state has its own laws regarding the personal injury statute of limitations. A statute of limitations is the amount of time that you are allowed to file a case. In the state of Wisconsin, you have three years from the date you were injured to file a lawsuit. After three years have passed since the date of your injury, you are no longer legally allowed to file a lawsuit.

Once you bring your case to the right personal injury attorney to be filed, you no longer are held to the statute of limitations.

We Are Here For You

Dealing with injuries is never easy, but they’re even more difficult when someone else is responsible. Our attorneys at The Previant Law Firm are highly skilled in the field of personal injury law and have helped many other people just like you. We have the resources and the know-how to properly handle Wisconsin personal injury cases. Don’t hesitate to contact our firm with your case right away. After all, it is your health on the line.

Call The Previant Law Firm today at (414) 240-1185 to speak with a Milwaukee attorney about your case.