Milwaukee Personal Injury Lawyers
Recovering financial compensation via a personal injury lawsuit can be a time-consuming, painstaking process that is very difficult to manage without the assistance of a licensed attorney. The injury attorneys at PKSD have more than 150 years of combined experience representing the injured, and have recovered fair compensation for victims of many types of personal injury claims. Partner Jeffrey A. Pitman has been recognized by numerous legal organizations for the results he has achieved for PKSD clients. He is AV rated by Martindale-Hubbell, which indicates the highest level of professional excellence, as rated by peers in the industry. Attorney Pitman is also a past president of the Wisconsin Association for Justice.
An initial consultation with an injury lawyer at PKSD is free, and there is no obligation to move forward. We do not charge for our services unless the plaintiff receives compensation from their case. Our office is located at 1110 N Old World 3rd St, right by the Milwaukee River and just a half mile from the Milwaukee Municipal Court.
Contact the PKSD legal team today at 877-877-2228.
Benefits of Hiring a Personal Injury Attorney
There are many benefits to working with an injury lawyer when filing a personal injury damages lawsuit. For example, an attorney can:
Represent Clients on Contingency
This means there are no upfront fees for the plaintiff to pay. The personal injury attorneys at PKSD work on a contingency basis, which means that the plaintiff does not owe anything unless they receive compensation.
The contingency fee arrangement allows injury victims to not worry about how to pay for a lawyer. They can instead focus on recovering from their injury and allowing their attorney to pursue fair compensation on their behalf.
Discuss The Situation in a Free Consultation
At PKSD, we offer a free, no obligation legal consultation. This allows injury victims to discuss what happened with a skilled attorney, so he or she can determine the available legal options and compensation that may be owed.
There is also no obligation to pursue a case. We explain the options that we believe are available, so that the client can decide whether or not to pursue the litigation.
Manage the Entire Legal Process
Personal injury victims often have enough to worry about while recovering from their injuries, which usually also includes needing to support themselves and family members - even though the monthly income of the victim has been diminished due to the inability to go to work - or as a result of working in a greatly reduced capacity.
This is why we manage every aspect of the legal process on the behalf of our clients. This can include negotiating with the insurance company, investigating the accident, collecting evidence, talking to witnesses, filing documents that need to be filed, and anything else that is relevant to the case.
The team at PKSD keep our clients informed every step of the way and let them know of any additional information that we may need, to keep the process moving forward.
Pursue Fair Compensation
Insurance companies often reach out to personal injury victims right after the accident to attempt to settle the claim for far less than it may be worth. They know that most victims are likely accept whatever is offered out of fear that they will not receive a better offer.
This is why it can help to have a Milwaukee personal injury lawyer handling your case. At PKSD, the attorneys that handle our injury cases negotiate with the insurance company directly, and based on our prior experience and the specific details of the case we are handling, we can determine if a settlement amount is fair and appropriate.
Contact the legal team at PKSD today by calling 877-877-2228.
What is a Case Worth?
One of the common questions personal injury victims have is: what is my case worth?
The answer depends on a variety of factors, including the damages that were suffered, the value of those damages, and the limits of the insurance policy.
There are various damages a person can pursue in an insurance claim or personal injury lawsuit, including:
This is the main form of compensation people pursue in a personal injury case. If the victim can prove another party is liable for the injury, a Milwaukee personal injury lawyer should be able to recover compensation for the medical bills that have accummulated for any needed treatment, including the costs associated with:
- Hospital visits (past,present and future)
- Doctor visits (past, present and future)
- Prescription medications (past, present and future)
- Medical equipment, such as a wheelchair
- Testing, including MRIs, x-rays and CT scans
- Mileage to the doctor's office
- Transportation in an ambulance
Often, injury victims are unable to work for a period of time after their injury. Victims may also miss work because they need to go to the doctor for treatment.
Fortunately, these people may also be eligible to pursue compensation for lost wages. In most instances, the plaintiff will need:
- Documentation of the days that were missed
- The regular rate of pay for each day
- A statement from the employer that acknowledges the plaintiff missed work because of the injury they received in the accident
Pain and Suffering
Sometimes injury victims are able to pursue compensation for physical pain as well as mental pain and suffering that may be experienced due to the injury. This can include anxiety, trouble sleeping, or depression.
These damages are difficult to document as unlike medical expenses - there are no invoices for them. Our attorneys may recommend keeping a journal where the victims can explain how they are feeling physically and emotionally. Having pictures of the injury during the recovery phase can also help to document physical and mental pain and suffering.
Lost Earning Capacity
Some injuries are so severe they result in lifelong physical or mental limitations that make everyday life difficult. In some cases, this can affect the victims' ability to continue working in the same capacity as before. It can also effect the victims' future earning capacity and require the victim to re-train in a completely new industry. In applicable cases, an experienced Milwaukee personal injury attorney may be able to pursue compensation for the money that would have been earned had the injury not taken place, in addition to the expenses associated with the re-training efforts.
These are reserved for special situations when the injury resulted from extreme negligence, maliciousness or reckless disregard for human life. Punitive damages do not compensate the victim for his or her damages. These are intended to punish the liable party and help prevent others from engaging in similar behavior in the future.
Contact PKSD right now to discuss the legal options that may be available.
How Much Time Does a Plaintiff Have to File a Personal Injury Lawsuit in Milwaukee?
Many personal injury claims are resolved through insurance claims. However, sometimes the insurance company refuses to offer a fair settlement, or the accident itself is not covered by insurance. When this happens, a last resort may be to file a lawsuit.
However, there is a limited amount of time to file a lawsuit because of Wisconsin's statute of limitations. This is a deadline for filing a lawsuit, and once it passes, the victim loses the right to pursue compensation via a lawsuit.
Wisconsin's personal injury statute of limitations is three years from the date of the accident.
Wisconsin's personal injury statute of limitations is three years from the date of the accident. Under the discovery rule, the statute of limitations does not begin to run until sufficient evidence has been gathered to determine that negligence occurred. This happens in some personal injury cases, when the victim does not know he or she has grounds for a lawsuit. However, once the plaintff have sufficient evidence that they were a victim of negligence, the statute of limitations will begin to run.
This statute covers most personal injury cases. There is a separate statute of limitations for medical malpractice cases. Under this law, the lawsuit must be filed within three years of the date of the injury or one year from the date when the injury was discovered or should have been discovered through the exercise of reasonable diligence, whichever is later. This means there are exceptions when plaintiffs are not aware they had grounds to file a lawsuit.
Call PKSD today for a free legal consultation or complete a Free Case Evaluation form.
Damage Caps for Personal Injury Cases
Another factor that affects the worth of a case is Wisconsin's damage caps. In a medical malpractice case, non-economic damages are capped at $750,000 (Wisconsin Statutes 893.55). This means that victims cannot recover more than $750,000 for non-economic damages, which are damages that do not have a defined economic value, such as pain and suffering.
Wisconsin also places a cap on the amount of punitive damages that can be recovered for a personal injury. Under state law, punitive damages cannot exceed $200,000 or twice the amount of compensatory damages, whichever amount is greater.
At PKSD, our Milwaukee personal injury lawyers will pursue all of the compensation that the plaintiff is eligible to receive, up to any limits imposed by state law.
What to Do After a Personal Injury?
When a personal injury occurs, there are several steps that can be taken to begin building a case against the party that was responsible for the injury. Many people do not realize their actions in the aftermath of an injury, can have a major effect on their chances of recovering fair compensation.
Some of the steps injury vicitms should strongly consider taking include:
- Getting medical treatment – As soon as possible, get examined by a trained medical professional who can perform an evaluation and diagnose all of the injuries and symptoms. The sooner this is done, the better. When insurance companies and attorneys for the other party review the case, they will find out when treatment was sought. If that treatment time is delayed, it can be argued that the plaintiff was not really hurt or are just looking for compensation. They may also say that they victim was injured due to something besides the accident in question. Be sure to inform the doctor how the injury was sustained. He or she will note it on the medical records, which can be an important piece of evidence in the case.
- Gathering evidence – Collecting evidence at the scene can be helpful. Taking pictures of the area where the injury was received and capturing any hazards or obstacles that may have caused or contributed to the accident can also be valuable. Taking pictures of the injuries and any damage to clothing may also be useful to your lawyer. Writing down what happened while it is fresh in memory, talking to witnesses and also taking notes on what they saw can help to make a stronger case.
- Reporting your accident – In many instances, the police will likely be dispatched to the scene. If the police are not called, a plaintiff should file a police or accident report. This will serve as official documentation of what happened. Without an accident report, it may be difficult to recover the compensation.
- Continuing your treatment – When the doctor prescribes medication, it should be taken. If the doctor refers the plaintiff to a specialist for testing or further examination, be sure to follow up and do those things. Failing to follow the doctor's orders could hurt the chances of recovering compensation. The defense lawyers may also argue that the injuries are not serious enough to warrant compensation.
- Filing an insurance claim – If the accident is covered by insurance, a claim should be filed right away. Insurance companies sometimes have deadlines for filing claims. However, when talking to the insurance company, it's important to not say too much. Plaintiffs may explain that they were injured in an accident and are seeking treatment - giving the date, time and location of the accident and nothing else. It's also important to avoid signing anything or giving a recorded statement. If either of these things are done, it could limit the amount of compensation available for recovery.
- Contacting an experienced attorney – Personal injury claims are often very difficult to manage if the plaintiff is not well versed in legal proceedings. This is why personal injury victims should strongly consider hiring an attorney for representation. The Milwaukee personal injury attorneys at PKSD know how to defend the interests of our clients, and to pursue fair compensation.
Contact PKSD today by completing a Free Case Evaluation form.
Comparative Negligence Law
There are some cases when the victim has some level of responsibility for what happened. This often happens in car accident cases, when the victim made an illegal maneuver or violated traffic laws just before the accident. The crash may have occurred anyway, but the victim's actions might have made his or her injuries worse.
In these types of situations, the percentage of fault can affect the amount of compensation that is available to recover. This is because of Wisconsin's law on comparative negligence. Under this law, a plaintiff cannot recover any compensation if they are 51 percent or more at fault. If the plaintiff is less than 51 percent at fault, the amount of compensation will be reduced by the percentage of fault. If the plainitff is 20 percent at fault, the total compensation award will be reduced by 20 percent.
This often arises in lawsuits however, insurance companies may also apply this law. Our Milwaukee personal injury lawyers have detailed knowledge of this law and work to build a strong argument for each case that we handle. We want our clients to receive all the compensation that they are eligible to receive.
Call PKSD today at 877-877-2228 to determine the legal options available after a personal injury.
Proving Negligence in a Personal Injury Case
When a personal injury claim is filed, the plaintiff must prove that the injuries received were a result of negligence from the at-fault party. There are different types of personal injury claims, but generally, there are four elements of negligence that must be proven to recover compensation:
- Duty of care – This means the at-fault party owed a duty to act in a reasonable way to help prevent the plaintiff from getting hurt. The duty of care varies depending on the situation. For example, if the victim was injured in a slip and fall accident, we must prove the property owner had a duty to keep that person safe by maintaining the property.
- Breach of duty of care – Our Milwaukee injury lawyers must show the duty of care was breached. A duty of care can be breached because of the at-fault party's actions or his or her failure to act.
- Causation – We must be able to link the plaintiff's injuries to the other party's actions. In other words, we must prove that the injuries would not have occurred without the other party's actions.
- Damages – There must be some type of damage that was suffered as a result of the injuries - such as medical bills, lost wages or lost earning capacity.
Proving all of these elements is difficult and requires a detailed understanding of the law, personal injury cases, and an in-depth investigation. A personal injury lawyer in Milwaukee can handle each of these elements on behalf of the plaintiff.
Types of Personal Injury Accidents
Personal injuries happen in a variety of situations and they are caused by many types of reckless, negligent conduct by other parties. Some of the most common types of personal injury accidents and situations include:
- Car accidents – This includes many types of accidents, from distracted driving and drunk driving crashes to accidents involving speeding. Our injury lawyers are prepared to represent victims of many types of accidents, pursuing the compensation you deserve.
- Motorcycle crashes – These are some of the most dangerous traffic accidents because riders have nothing protecting them except their helmets and any protective gear they are wearing. These crashes often result in serious injury or death.
- Truck accidents – Truck drivers are pressured to meet unrealistic deadlines and this leads to speeding, drowsy driving and other dangerous behaviors. When these large vehicles crash into much smaller passenger vehicles, occupants can suffer death or life-changing injury. Our attorneys understand the complexities of these cases.
- Slip and fall accidents – These can happen in a variety of locations, from shopping malls and parking lots to public areas, like pools or parks. These accidents have many causes, from snow and ice to wet floors, debris, or bad lighting. These may seem like minor accidents, but they can cause months or years of pain and suffering.
- Nursing home abuse – Our licensed Milwaukee personal injury attorneys have detailed knowledge of the complexities of these cases. We know how devastating it can be for families to discover their elder loved ones have been abused. Partner Jeffrey A. Pitman is part of the Nursing Home Litigation Group of the American Association for Justice and a past member of the National Academy of Elder Law Attorneys.
- Defective product accidents – When consumers are injured while using a product as it was intended to be used, they may have a claim against the manufacturer, designer or another party in the chain of distribution.
- Medical negligence – These are some of the most complicated, time-consuming cases. They involve various types of negligence committed by medical professionals who are supposed to be ensuring the well-being of their patients.
- Dog bites – Dog bites can cause severe injuries that could affect you for a long time. In some situations, the owner could be held liable for the damages suffered by the victim.
Individuals that have suffered a personal injury in these or any other situation are encouraged to contact a personal injury lawyer in Milwaukee for a free, no obligation legal consultation.
Contact a Trusted Milwaukee Personal Injury Attorney at PKSD
Personal injuries can affect the lives of victims in numerous ways - physically, financially and emotionally. Our attorneys understand what victims often have to endure – and have helped many individuals while they are recovering from their injuries.
At PKSD, we offer a free, no obligation legal consultation to review the details of an incident and to help determine if there are grounds to file a lawsuit. Based on our findings, the victim can then decide whether they would like to move forward with litigation or not. Our lawyers guide our personal injury clients through every step of the legal process as we pursue the fair compensation that may be available in their case.
Plaintiffs are not charged for our services unless they receive favorable compensation.