Posted by rozeklawoffice on March 31, 2010 under Wisconsin Law | 
A statute of limitations is a law which places a time limit on pursuing a legal remedy in relation to wrongful conduct. After the expiration of the statutory period, unless a legal exception applies, the injured person loses the right to file a lawsuit seeking money damages or other relief.
In Wisconsin, you only have 3 years from the date of the accident to settle your claim or file a lawsuit against the at-fault driver or negligent party- this time limit is known as the Wisconsin Statute of Limitations. Once the three years has elapsed, an injury victims no longer allowed to seek recourse for his/her injuries.
There are a few exceptions to the “3-year limit” including when a claim involves a municipal government. Wisconsin personal injury claims against municipal entities requires the injury victim to provide the particular entity with written notice of the injury within 120 days of the event. The injury victim must also present the municipal entity with a detailed notice of the claim prior to the filing of a lawsuit. Other exceptions to the 3-year limit include, but are not limited to, cases involving property damage (6-years), libel or slander (2-years), and intentional tort (2-years). Also, the Wisconsin Statute of Limitations is different for minors and disabled individuals.
There are many statutes which apply limitations periods to civil actions. It can be difficult to keep track of the various statutes and their exceptions. If you have been injured in an accident and are concerned about losing your right to sue as a result of the expiration of the statutory limitations period, please consult with an experienced Wisconsin Personal Injury Attorney who can help determine which statute applies, and help preserve your right to recover.
Posted by rozeklawoffice on March 30, 2010 under Insurance |
Q: Is it true that if I use an attorney, I’m likely to recover more money in settlement than if I try to settle the claim on my own?
A: Yes. A study by the Insurance Research Council (a nonprofit group funded by major insurance companies across the nation) and titled “Paying for Auto Injuries” found that the average total payout on claims that have an attorney is 4.8 times greater than those claims where the injured victim settled on his or her own. This same study showed that individuals who use an attorney receive 3.28 times more money after the attorney’s fee is paid. Most insurance claims adjusters are very aware of this study. Therefore, to maximize profits, the insurance company trains its claims representatives to go to great efforts to dissuade people from hiring an attorney.
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For more information on Wisconsin Personal Injury Claims.
Posted by rozeklawoffice on March 16, 2010 under Drunk Driving, Personal Injury Cases |
Our office was recently contacted by a woman who lives in Door County, Wisconsin. In September 2008, this woman was driving home at 10:25 pm and was struck head on by another vehicle. Once the police arrived, it was revealed that the driver of the other vehicle was intoxicated with a .31 blood alcohol level AND her 4 year old child was in the car.
The women who was hit head on was severely injured. Her entire left forearm was broken and her right knee cap was shattered. She was forced to quit her job due to the injuries and has not able to do just about any activity until recently. Her last surgery was preformed in early 2009, however, she is still receiving treatment. It is most likely that she will need a knee replacement in the future and the metal in her arm may never be removed. She hurts everyday.
Prior to getting behind the wheel, the intoxicated driver was at a local tavern and was clearly over served.
Also, the intoxicated driver was uninsured with no assets. The victim only had $50,000 of uninsured motorist coverage. Therefore, the only way for the injured women to get her medical bills paid would be to file a law suit., and since the intoxicated driver did not have insurance, the injury victim would need to sue the tavern for over serving a patron.
Unlike many other states that allow for a claim to be filed against a bar owner for negligent behavior (over serving a customer), Wisconsin is one of the few states without Dram Shop Liability. Pursuant to Sec. 125.035 Wisconsin Statutes, bars are not held responsible for over-serving customers who later crash and injure another person.
This Wisconsin law unfairly burdens the taxpayers, through government assistance programs and the health care system, to pay millions of dollars in unpaid medical bills that could and more importantly SHOULD be paid by bar owners insurance for negligently over serving its patrons.
For more information on Wisconsin Law and Drunk Driving
