You can make a claim against another person or business and their insurance company if someone else is more at fault for your injury than you are. Wisconsin is a comparative fault state. That means that the injured person can only recover if his or her negligence is not greater than the negligence of the person against whom the claim is made. If you were partially at fault, your damages may be reduced proportionately. Whether or not you are entitled to compensation may depend on the type of accident that caused the injury.
For example, workplace injuries generally are covered by worker's compensation benefits, which compensate for medical expenses, lost wages, and impairments, without regard to fault by anyone. A claim can be made if the accident was caused by someone other than the employer or a coworker.
If you were injured in an automobile accident, the party most at fault would be determined by whether a driver violated any traffic laws and/or which driver's lack of care contributed most to the accident. Proof of fault is often contested and requires thorough investigation.
If you were injured at someone else's home or at a commercial establishment, the person responsible for the premises may be found liable. You will need to prove that the injury was caused by an unsafe condition that the owner should have known of and corrected before the accident. In a typical slip and fall accident, the injured person must show that the person responsible for the premises was negligent in the design, construction or maintenance of the property. Claims for injuries caused by an unsafe condition on public property are subject to strict claims requirements and liability is only established in certain circumstances.
Injuries can occur in many other situations as well as those outlined above. Once again, you may have a claim if someone else was more at fault for your injury than you are.
Injuries cost money, including time away from work, medical bills, and other complications. Before taking legal action or trying to negotiate a settlement on your own, you should talk to an attorney about your case. You can search LawInfo’s legal directory to find a local personal injury attorney to discuss the merits of your case. This one step can level the playing field, help you protect your rights, and put you in the best position for recovering the compensation that you deserve.