Nothing can prepare you for a traumatic, life-changing accident. However, if you are feeling confused, overwhelmed, and burdened by increasing medical costs for rehabilitation, know that you are not alone. Our Kenosha catastrophic injury lawyers have experience advocating for victims and working to recover sufficient compensation on their behalf. At the Law Officers of R.F. Wittmeyer, Ltd., a seasoned attorney could assertively represent you and help you face the future with hope. En español
What Makes an Injury Catastrophic?
Catastrophic bodily harm requires medical attention and personal assistance beyond other kinds of injuries. As with any accident, severe physical damage can result from many scenarios such as construction accidents, car accidents, and slips-and-falls. There is no legal definition for this level of harm in Wisconsin, but the term “catastrophic injuries” commonly refers to permanent, life-altering conditions such as:
- Paralysis
- Brain injury
- Blindness
- Permanent hearing loss
- Spinal cord injury
- Organ damage
- Loss of limbs or digits
- Burns
Treatment and Living Costs
Unfortunately, the significant cost of treating catastrophic damage can quickly exhaust available health insurance and savings accounts. In addition to ongoing medical care, a debilitated victim may require assistance with daily personal tasks, such as hygiene and feeding. In many situations, a family member quits their job to assume the caregiving, placing more significant strain on finances.
There are other options for alleviating a victim’s day-to-day living, all of which come at a steep monetary cost. The family may wish to hire in-home health aides, for set time periods or round the clock care. For extreme situations, the injured party may need to move into a full-time nursing facility to provide the necessary care. Another additive cost could be retrofitting homes and vehicles to make them accessible to the injured person.
Victims deserve an advocate to help them recover and account for their rehabilitative needs. Kenosha residents affected by these tragic situations should contact an experienced catastrophic injury attorney to help secure the financial means for their or their loved one’s care.
Catastrophic Injury Settlements and Trials in Kenosha
Rather than going to trial, many parties resolve their bodily injury cases through settlement to save time and money. However, insurance companies and defendants may also attempt to lowball settlement offers. By working with Wittmeyer Injury & Accident Attorneys, a plaintiff could gain a better sense of their claim’s value (including present and future expenses), which may lead to a more satisfactory settlement amount.
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In some cases, adverse parties may try to draw out negotiations over an extended period so that the injured victim misses the court filing date to preserve their legal claims. Under Wisconsin Statutes Annotated (Wisconsin Statutes) § 893.54, an injured party must raise negligence claims within three years from the time of the accident. Failure to do so risks the dismissal of their case.
Families could benefit from having a detail-oriented attorney on their side to keep track of the statute of limitations. Our local catastrophic injury lawyers could provide advice on filing claims in a timely manner and protect against other legal traps from defendants and their insurance companies.
What are the Types of Compensation for Catastrophic Accidents?
Settlement amounts and court judgments focus on compensating victims for two types of losses: economic and non-economic. Economic damages redress current and prospective measurable harm, such as healthcare treatments, physical therapy, and lost income. Non-economic damages include personal struggles, such as mental anguish, pain, and loss of enjoyment of life. If the defendant’s behavior in causing the injury was particularly heinous, Wisconsin Statutes §895.043 also authorizes punitive damages up to $200,000.
The law does not limit compensatory damages, but under Wisconsin Statutes § 895.045(1), a victim’s award could be reduced based on their percentage of responsibility for causing the accident. If the victim’s share of the blame amounts to 51 percent or more, they lose all restitution. A member of our knowledgeable legal team could further explain these rules of contributory negligence to those considering filing a catastrophic injury claim in Kenosha.
Reach Out to a Kenosha Catastrophic Injury Attorney for Representation
The physical, emotional, and financial stakes are high for these types of cases. As such, it is crucial to retain a Kenosha catastrophic injury lawyer with the experience and dedication to represent you effectively. Our law firm recognizes the importance of personal attention in each and every case. Call us today for a free, no-risk consultation.
Frequently Asked Questions
A catastrophic injury causes severe, lasting harm that can affect your ability to work, live independently, or enjoy your normal life. Examples include traumatic brain injuries, spinal cord injuries, paralysis, amputations, and severe burns.
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Get immediate medical treatment and follow your doctors’ recommendations. Preserve medical records, accident reports, photographs, witness information, and other evidence that may help establish what happened and how the injury changed your life.
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The value depends on your injuries and long-term needs. Compensation may cover medical care, rehabilitation, lost income, reduced earning capacity, pain and suffering, disability, and future care expenses.
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Responsibility depends on how the injury occurred. A negligent driver, property owner, employer, manufacturer, medical provider, or another person or company may potentially be liable.
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A catastrophic injury claim may seek compensation for future medical treatment, rehabilitation, therapy, assistive equipment, in-home care, and other ongoing needs. A lawyer can work with appropriate experts to assess those future costs.
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You may be able to seek compensation for past lost wages and the reduction in your future earning capacity. The calculation can account for the lasting effect of the injury on your career and income.
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Wisconsin generally provides three years to file an action seeking damages for personal injuries. Some claims have different rules or exceptions, so getting legal advice promptly can help protect your rights.
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You may still have a claim depending on your percentage of fault and the circumstances. Wisconsin’s comparative negligence rules can reduce compensation based on your share of responsibility.
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Be cautious before accepting an offer. Catastrophic injuries often require years of treatment and care, so a quick settlement may fail to account for future medical costs, lost income, and other long-term losses.
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An attorney can investigate the injury, preserve evidence, assess current and future losses, communicate with insurance companies, consult appropriate experts, and pursue compensation while you and your family focus on recovery.
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