If you watch much daytime TV, you may get the impression that virtually any injury means you have a personal injury case and tens of thousands of dollars just waiting to be claimed by you. In reality, you need to be able to answer yes to three questions in order to claim anything.
Here are 3 signs you have a personal injury case.
#1 Do you have a significant injury? Significant is the operative word here. Stitches that heal in a few weeks won’t justify a personal injury case, but a head or neck injury that lasts for years will. The seriousness of the injury is determined by the time required to recover and/or the extent of the injury.
#2 Is the injury someone else's fault? The injury must be a result of someone else’s action or inaction. Whether it’s a driver who ignored traffic rules or a property owner whose overhead sign falls on you, you may have a claim. Keep in mind that you can have some fault in the injury in Wisconsin and still have a claim as long as you weren’t more at fault than the other party.
#3 Does the party at fault have resources to pay? You may be able to answer with an absolute yes to the first two questions, but if the party at fault doesn’t have insurance, a job or assets, you won’t be compensated. It’s those times that you’ll be glad you purchased uninsured or underinsured insurance.
If you have an injury that is someone else’s fault and aren’t sure whether you have a personal injury claim, consult a personal injury lawyer. Most will offer a complimentary consultation to help you determine what your claim might be worth and whether you should pursue it.
By Brian Weber, La Crosse Personal Injury Lawyer. For a personal injury lawyer in La Crosse, call him at 608-784-5678.