Time Limits – The state of Wisconsin has a deadline of three years in which to file your personal injury claim. This time limit extends from the date of the injury. Failure to file within three years may result in forfeiture of your right to have the matter heard in court.
Shared Fault- Wisconsin uses a comparative fault rule in personal injury cases. This means that the court will determine the fault of all parties in an accident by percentage. The amount you are awarded in damages is reduced by a percentage equal to your fault. For example, if you are awarded $10,000, and are found to be 5% at fault, you will receive $9,500.
Strict Liability for Dog Bite Cases- The owner of a dog is responsible for any injuries caused by that animal within the state of Wisconsin. This is true regardless of whether the dog is known to be dangerous, or if the dog has bitten anyone before.
Damage Caps- The state of Wisconsin caps non-economic damages at $200,000, or twice the compensatory damages, whichever is greater. These caps include pain and suffering, and not economic damages such as court costs, lost wages, or medical bills. There is a separate cap of $750,000 for medical malpractice.
Claims Against the Government- Claims against Wisconsin government entities or employees must be filed within 120 days. In some cases, it may be necessary to file an additional notice of complaint before filing the actual complaint. Failure to do so may result in the forfeiture of your right to file a claim.
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