Personal injury cases in Wisconsin encompass a broad spectrum of legal matters that arise when individuals suffer harm due to the negligence or intentional actions of others.
From a sexual assault at a nursing home facility due to nursing home abuse to a gunshot wound from negligent security at a local bar, personal injury cases aim to compensate victims for their injuries, medical expenses, lost wages, and pain and suffering.
At Lojewski Abuse & Injury Law, Attorney Kristen Lojewski refers to this type of compensation as "money justice." Kristen has extensive experience in handling cases involving severe and catastrophic injuries as well as handling wrongful death cases, and she pursues full and fair money justice for her clients.
While Wisconsin law does not specifically define "catastrophic," Kristen believes it to mean those injuries that are severe and cause long-term or permanent damage. She understands that you are likely going through the worst possible pain imaginable and have a financial burden hanging over your head now too.
Kristen understands that this is YOUR case, keeping you informed as she takes action to investigate, negotiate, and, if necessary, take your case to trial to pursue full justice. Contact Kristen today at (414) 999-3771 to share your story.
Wisconsin Personal Injury Cases
Personal injury cases involve a plaintiff and a defendant, at a minimum, but can involve multiple plaintiffs and defendants depending on the type of case.
- Plaintiff: this is the injured party. Lojewski Law only represents injured folks.
- Defendant: this is the accused party. Often times, it also includes an insurance company. Lojewski Law never represents insurance companies or corporate defendants.
Legal Theories
The plaintiff can only be successful if they satisfy all the elements of their case. Elements depend on the theory they use to file their claim.
- Negligence. The most common legal theory in personal injury cases is negligence, which requires proving that the defendant owed a duty of care, breached that duty that resulted in an injury, and caused harm as a result.
- Strict Liability. Under strict liability, a defendant can be held responsible for injuries regardless of whether negligence occurred. This theory is most often used with defective products, and the focus is on the dangerous nature of the product, or in cases involving dog bites.
- Vicarious Liability. Vicarious liability is a legal rule that holds a person or entity responsible for actions committed by others. Typically, it applies to those who are in control of people (e.g., employer-employee relationships) who cause harm to victims.
- Intentional Torts. Intentional torts involve cases where the defendant intentionally caused harm or injury, like assault or causing emotional distress.
Burden of Proof
The plaintiff has the burden to prove their case. They must establish the defendant's liability by a preponderance of the evidence, meaning that it is more likely than not that the defendant's negligence or intentional actions caused the injuries. In some cases where punitive damages are sought, clear and convincing evidence is the burden of proof. This standard is still less strict than the burden in criminal cases to prove guilt beyond a reasonable doubt.
At Lojewski Abuse & Injury Law, Kristen only represents plaintiffs and is well-versed in theories of liability, burden of proof, and investigating negligent and intentional torts. If you choose to retain her, she will guide you every step of the way.
Common Types of Serious Injury Cases in Wisconsin
Personal injury cases involve a wide range of incidents. Some common personal injury cases include:
- Nursing Home Abuse & Neglect. These cases involve harm caused by negligence, abuse, or neglect in nursing homes, resulting in injuries to elderly residents. Typically, these cases include vicarious liability.
- Premises Liability. Premises liability cases arise when injuries occur due to unsafe conditions on someone's property, such as slip and fall accidents, inadequate security leading to assault, or dog bites. Claims can be brought against both individuals and companies.
- Medical Malpractice. Medical malpractice claims arise when healthcare professionals fail to meet the standard of care, resulting in injuries, misdiagnosis, birth injuries, delayed diagnosis, medication mistakes, or surgical errors.
- Car Accidents. These cases involve injuries resulting from car, truck, motorcycle, DUI incidents, or other motor vehicle accidents. Claims can be brought against negligent drivers, manufacturers of faulty car parts, or government entities responsible for road maintenance.
- Product Liability. Product liability cases involve injuries caused by defective or dangerous products. Manufacturers, distributors, or sellers may be held liable for injuries resulting from design defects, manufacturing defects, or inadequate warnings.
- Wrongful Death. Wrongful death claims arise when a person's death is caused by the negligence or intentional actions of another party. Family members may seek compensation for the loss of financial support, companionship, medical expenses, and funeral expenses.
Each personal injury case is unique, and the types and severity of injuries will vary. Lojewski Abuse & Injury Law can help you understand your rights, assess liability, and pursue money justice based on the specific circumstances of your case.
Damages in Personal Injury Lawsuits
The type of injury you sustain is directly related to the type of remedy you seek. In personal injury lawsuits, remedies refer to the relief or compensation awarded to the injured party as a result of their successful claim against the at-fault or liable party.
Compensatory Damages
Compensatory damages are the most common form of remedy in personal injury cases. They aim to compensate the injured party for the losses they have suffered as a result of the accident or injury. Compensatory damages can be further divided into two categories:
- Economic damages, which are awarded to reimburse the plaintiff for quantifiable financial losses, including medical expenses, rehabilitation costs, lost wages, property damage, and other out-of-pocket expenses directly related to the injury; and
- Non-economic damages, which compensate the plaintiff for subjective losses that are not easily quantifiable, including pain and suffering, emotional distress, loss of enjoyment of life, loss of consortium (for the impact on relationships), and disfigurement or disability. Depending on the case, there may be caps or "limits" on the amount of non-economic damages a plaintiff can recover.
Punitive Damages
In Wisconsin, the plaintiff may receive punitive damages if evidence is submitted that the defendant acted maliciously toward the plaintiff or in an intentional disregard of the rights of the plaintiff. Wisconsin Statute 895.043 governs punitive damages in Wisconsin. The purpose of punitive damages is not to compensate the plaintiff but rather to punish the defendant and deter similar misconduct in the future.
There are also damages caps or "limits" on punitive damages in Wisconsin. Section 895.043(6) states that punitive damages received by the plaintiff may not exceed twice the amount of any compensatory damages recovered by the plaintiff or $200,000, whichever is greater. There are some exceptions to these rules so it is important to retain a Wisconsin injury lawyer who is familiar with handling injury claims and seeking both compensatory and punitive damages.
Compensation for Serious Injuries
A serious or catastrophic injury often leaves you with a permanent physical change that changes your everyday life. Depending on the case, these injuries may include an amputation, traumatic brain injury, blindness or severe vision loss, severe burns, chronic pain syndromes, severe fractures that affect mobility long-term, or spinal chord injury. These injuries typically have lasting consequences that impact your life physically, emotionally, and financially and often the lives of the individuals who love and help care for you.
Depending on the severity of your injuries, you may be able to seek damages for:
- Medical expenses
- Wage loss
- Pain and suffering
- Disfigurement
- Disability
- Emotional distress
- Loss of enjoyment of life
- Loss of earning capacity
- Loss of society and companionship
This list is not exhaustive and depends on the specific facts and circumstances of your case. At Lojewski Abuse & Injury Law, Kristen will pursue full justice for you.
Contact a Serious Injury Lawyer
Suffering a serious and catastrophic personal injury can be a life-altering experience, bringing physical, emotional, and financial challenges. In the aftermath, navigating the legal complexities to secure compensation may seem daunting.
This is where Attorney Kristen Lojewski becomes your ally, dedicated to ensuring the success of your case. She uses grit, creativity, and persistence to build a robust legal strategy and to maximize compensation.
Lojewski Abuse & Injury Law will tell your story so that your voice is heard. Contact Kristen today to Be Seen, Be Heard, Be Safe, and Be Championed.