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.
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:
- Brain injury
- Permanent hearing loss
- Organ damage
- Loss of limbs or digits
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 the Law Offices of R.F. Wittmeyer, Ltd., 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.
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.
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.