Milwaukee Personal Injury Lawyers

If you’re dealing with the aftermath of an accident or violent crime, you may want to know more about how personal injury cases work. Here’s a general overview of some basic legal concepts that often come up. For questions about your specific situation, though, you should make sure to consult an attorney.

Personal injury lawsuits usually rely on a theory of negligence. This generally means that the defendant didn’t use the proper level of care in a certain situation, and this resulted in the plaintiff’s injuries. Most everyday situations require a defendant to use the same care that the typical reasonable person would use in their shoes. For example, a driver who runs a stop sign or texts while driving probably falls short of this standard. Some situations may involve a more precise standard of care. A doctor accused of medical malpractice will be held to the standard of a reasonably competent physician in their specialty.

If you got injured by someone who was doing their job at the time, you might have a claim against their employer as well. This could be based on the theory of vicarious liability, which generally holds an employer responsible for careless actions by an employee while they were performing their duties. You don’t need to show that the employer was negligent. In some situations, though, the employer might have been independently negligent. Perhaps it didn’t properly supervise or train its employees, or perhaps it didn’t take proper care during the hiring process. If you can hold an employer either directly or indirectly liable, you might have a better chance of getting full compensation because it likely will have more assets and insurance than the employee.

Certain types of personal injury cases may use a theory of strict liability rather than negligence. This means that you don’t need to prove that the defendant failed to meet a certain standard of care. Strict liability often comes up when consumers sue manufacturers for defective products. They would need to prove the existence of a defect for which the law imposes strict liability and then show that the defect caused their injuries.

Injuries caused by intentional wrongdoing may lead to claims called “intentional torts.” The defendant also might face criminal charges based on the same conduct. However, the civil lawsuit is separate from the criminal prosecution. You don’t need to meet the same high standard of proof as a prosecutor, so you could potentially still get damages even if the defendant isn’t convicted of a crime.

If you’re considering legal action, you should make sure to file your lawsuit within a deadline called the statute of limitations. Failing to meet this deadline likely will result in the dismissal of your case if the defendant asks. This is true no matter how seriously you were injured or how much the defendant was at fault.

The main Wisconsin personal injury statute of limitations is three years. However, different timelines apply in certain types of cases. If you’re filing a wrongful death lawsuit based on a fatal car accident, for example, the deadline is only two years after the death. The medical malpractice deadline is either three years after the injury or one year after you discover or reasonably should discover the injury, whichever is later, although you generally can’t file suit more than five years after the malpractice occurred. Additional rules apply to personal injury cases involving children.

Sometimes more than one person or entity bears some responsibility for an accident. If the victim was partly at fault, Wisconsin applies a rule called modified comparative negligence. You can recover damages unless you were 51 percent or more at fault for your injuries. The amount would be reduced in proportion to your degree of fault. For example, if someone trips and falls on broken pavement while they were talking on the phone, a jury might conclude that the injured person was 30 percent at fault. They could recover up to 70 percent of their damages. However, if the jury found that they were 60 percent at fault, they couldn’t recover anything.

Many states have imposed limits on how much compensation an injured person can recover. These are usually called damages caps. Wisconsin doesn’t have caps that apply across all personal injury cases. However, it limits non-economic damages like pain and suffering to $750,000 in medical malpractice cases. Certain limits also apply to wrongful death cases and to claims against the government. In addition, Wisconsin generally caps punitive damages at $200,000 or twice the compensatory damages, whichever is greater. These damages may be awarded in extreme cases to punish a defendant that acted in an especially blameworthy way.

If you think that a government employee or agency caused your injuries, you may be able to sue for compensation, but you’ll need to follow certain rules. Most importantly, you’ll need to file a notice of claim with the government within 120 days. If you don’t meet this deadline, you likely won’t be able to file a lawsuit in court even if you meet the general statute of limitations. A notice of a claim against the City of Milwaukee goes to the Office of the City Clerk, while a notice of a claim against the State of Wisconsin goes to the Attorney General.

While some personal injury cases go all the way to trial, this is relatively unusual. Both the injured person and the defendant or insurer generally prefer to conclude the case in a settlement out of court. This means that the injured person gets a certain amount of compensation in exchange for releasing their claims.

Settlements provide certainty to both sides by not leaving the outcome up to a judge or jury, whose view of the case can’t be fully predicted. This is also a more efficient and cost-effective way to wrap up a case. An injured person might welcome getting compensation sooner if they’re facing financial pressure from mounting medical bills and time missed from work. However, they shouldn’t necessarily jump at the first offer from an insurer. This might not fully compensate them. Insurers focus on protecting their bottom line, so they often try to resolve claims for much less than what they’re worth. Turning down an offer doesn’t necessarily mean that you’ll end up in trial. The insurer might come back with a more reasonable proposal.

If you’ve suffered permanent or long-term injuries, you may want to wait until you’ve reached “maximum medical improvement” before agreeing to a settlement. This is the point at which your doctor thinks it’s unlikely that your condition will improve much further. If you take an offer too soon, you might not get compensated for the full scope of your future damages. You probably can’t go back for more money later once you release your claims.

As you recover from your injuries, putting together a claim or lawsuit can be an unnecessary source of stress and distraction. It takes time and effort to compile the evidence needed to prove your case. If you work with a lawyer, they can handle this process, gathering items such as medical records and bills, pay stubs and receipts, witness statements, and photos of the accident scene and your injuries. They also may present testimony from experts to help explain how the defendant was responsible and the scope of the damages that you incurred.

When you start getting settlement offers from the other side, you’ll be able to evaluate them more thoughtfully with the guidance of an attorney. They can describe the pros and cons of taking a particular offer or continuing with your claim, although you’ll make the final decision on whether to proceed. The other side probably will have legal counsel throughout this process, so having an attorney of your own ensures that you’re not at a disadvantage.

If your case ends up going to a trial or another hearing in court, your attorney can use their skill and experience to tell your side of the story as persuasively as possible. They’ll also make sure that your case avoids any procedural pitfalls that might derail someone who goes through the process on their own. While it’s prudent to hire an attorney even for a relatively straightforward case, this becomes an essential step to take if you’re seeking substantial damages or if you start getting any resistance at all to your claim.

You’ll want to think carefully about who would be the best personal injury lawyer for you. Even if you get a suggestion from someone you know, it’s a good idea to do some research on your own. Part of this process probably will involve comparing lawyers online. The Justia Lawyer Directory offers an efficient way to do that. It’s also easy to contact lawyers whom you find there.

During your search, you should focus on attorneys who have experience in the area of personal injury law that relates to your case. For example, if you got injured by a faulty household appliance, you’ll want to work with a products liability lawyer. If your child suffered a preventable injury during the labor and delivery process, you should look for an attorney who is experienced in medical malpractice cases, and ideally someone who has handled birth injury claims.

As you explore the websites of personal injury attorneys and law firms, you’ll probably see lists of their most memorable victories for their clients. These are impressive and useful to keep in mind, but you should also look beyond the numbers. Reviews from former clients can provide insights into the personality of an attorney, while peer reviews from other attorneys can illustrate the reputation that they’ve built in their field. Having a well-regarded advocate could make the process easier during both settlement negotiations and litigation in court.

You should work with a lawyer who respects the rules of professional conduct imposed by the State Bar of Wisconsin. One small transgression in the past might not matter much in the big picture, but a persistent pattern of violations and disciplinary actions suggests a lack of integrity or competence. This should be a red flag, since misconduct by an attorney can have serious repercussions for a client.

Once you’ve developed a shortlist of attorneys who look promising, you should set up consultations with each of them. This likely won’t cost you anything, and talking to an attorney one on one can tell you a lot about them. Bring some general questions to the consultation so that you can assess issues such as their relevant experience, strategic approach, and arrangements for fees and costs. As you discuss your case, think about whether your personalities mesh well and whether you would feel comfortable putting your case in their hands. Trust and open communication are central to the attorney-client partnership.

Personal injury law spans a broad spectrum of cases. Some of the most common examples include:

• Motor vehicle collisions, such as car, truck, motorcycle, bicycle, and pedestrian accidents
• Slip or trip and falls on poorly maintained property
• Incidents involving household or workplace products that have manufacturing defects, flaws in design, or inadequate warnings about potential safety risks
• Medical malpractice, such as misdiagnoses or delayed diagnoses, surgical errors, medication errors, or negligence during the childbirth process
• Nursing home negligence or abuse
• Assault, sexual assault, and other violent crimes

Sometimes an employee who gets injured at work may wonder whether they can pursue a personal injury lawsuit in addition to workers’ compensation benefits. You generally can’t sue your employer for your injuries. This is the tradeoff of the workers’ comp system, which makes benefits available regardless of fault. However, you might be able to sue someone other than your employer, such as a product manufacturer, if they bore some fault for your injuries. Bringing a third-party personal injury lawsuit can allow you to get a broader range of compensation. For example, you might be able to get damages for your pain and suffering and other non-economic harm, which the workers’ comp system doesn’t cover.

People considering a personal injury lawsuit often want to know how much compensation they might be able to get. This isn’t an easy question to answer because the value of any given case depends on its specific facts. However, here’s a look at some notable verdicts and settlements from Wisconsin in recent years:

• $5.2 million for a misdiagnosed lumbar fracture that caused permanent injuries and required spinal fusion surgery
• $1.25 million for a head-on collision that resulted in several broken bones and multiple surgeries
• $300,000 when a driver allegedly failed to yield to a child pedestrian at a Milwaukee intersection, causing a traumatic brain injury, broken bones, and other injuries
• $156,000 for a motorcycle rider who suffered a permanent impairment when a driver in front of him allegedly cut him off
• $100,000 when a child passenger in a vehicle was involved in a side-impact collision, causing injuries such as post-concussion syndrome
• $75,000 in a premises liability case involving a slip and fall on ice outside a warehouse

You should talk to your attorney about how much your case might be worth. They’ll be able to advise you based on their knowledge of the field and their experience in similar cases.

The Milwaukee County Motor Vehicle Collision Dashboard provides statistics on car crashes in the city and the surrounding areas. This showed that 16,500 crashes occurred in Milwaukee in 2024, including 63 fatal crashes, 298 crashes that caused suspected serious injuries, 1,500 crashes that caused suspected minor injuries, and 2,000 crashes that caused possible injuries. There were 453 crashes that involved alcohol, 62 crashes that involved drugs, 88 crashes that involved both alcohol and drugs, 1,700 crashes that involved speeding, and 1,200 crashes that involved distracted driving. Motorcycles were involved in 178 crashes, bicycles in 88 crashes, commercial motor vehicles in 650 crashes, and pedestrians in 432 crashes.

In Milwaukee County more generally, there were 24,500 crashes in 2024. These included 82 fatal crashes, 461 crashes that caused suspected serious injuries, 2,200 crashes that caused suspected minor injuries, and 3,000 crashes that caused possible injuries. There were 741 crashes that involved alcohol, 108 crashes that involved drugs, 167 crashes that involved both alcohol and drugs, 2,900 crashes that involved speeding, and 2,200 crashes that involved distracted driving. Motorcycles were involved in 280 crashes, bicycles in 151 crashes, commercial motor vehicles in 1,100 crashes, and pedestrians in 544 crashes.

In 2023, the City of Milwaukee Department of Public Works released a Milwaukee Crash Analysis report that identified high crash intersections in the city. These included:

• West Fond Du Lac Avenue and West Locust Street
• North 43rd Street and West Good Hope Road
• North 35th Street and West Capitol Drive
• North 91st Street and West Appleton Avenue
• North 27th Street and West Burleigh Street

The report also identified certain intersections other than those listed above that are especially dangerous to pedestrians, bicyclists, or drivers and motorcyclists. For example, additional high crash intersections for drivers and motorcyclists included:

• North 27th Street and West St. Paul Avenue
• North 60th Street and West Capitol Drive
• West Appleton Avenue and West Silver Spring Drive
• North 91st Street and West Bradley Road
• North 76th Street and West Good Hope Road
• North 27th Street and West Locust Street
• West Appleton Avenue and West Capitol Drive
• North 35th Street and West Townsend Street
• North Sherman Boulevard and West Burleigh Street
• North Sherman Boulevard and West Florist Avenue

In an area as busy as Milwaukee, even a brief lapse in attention when approaching an intersection can cause devastating injuries.

A person injured in a car crash in Milwaukee probably should get a copy of the traffic crash report completed by the Milwaukee Police Department Officer who responded to the scene. These reports are generally available through the MPD Open Records Section within 14 days of the crash. You can search online or call 414-935-7502 to see whether a report is available. If it is, you can request it by phone or in person. The Open Records Office is located on the second floor of 2333 North 49th Street. It’s open from 8 AM to 3 PM on Tuesdays and Thursdays.

Meanwhile, a patient who suspects that they may have been harmed by medical malpractice can file a complaint against a doctor through the Wisconsin Department of Safety and Professional Services. This could result in discipline against the doctor, although you won’t get compensation through this complaint. If you suspect negligence or abuse at a nursing home, you can report your concerns to the Division of Quality Assurance in the Wisconsin Department of Health Services.

If you’re dealing with the aftermath of a violent crime, you may want to explore the resources provided by the Milwaukee County District Attorney’s Office Victim Witness Services Program. The Wisconsin Department of Justice also maintains a Victim Resource Center that can provide information and service referrals. A victim may be able to apply for reimbursement from the Wisconsin Crime Victim Compensation Program, which may cover losses such as medical expenses and lost wages. Benefits are capped at $40,000.

After an injury on the job, you may want to review the guidelines for the workers’ compensation program provided by the Wisconsin Department of Workforce Development. These describe key issues such as whether a worker is covered, which benefits they may be able to receive, how they can return to work, and what they can do if their claim is denied.

1. How much does it cost to work with a personal injury lawyer?

   It probably won’t cost anything upfront to hire a personal injury attorney. They’ll generally collect a fee from any settlement or judgment that they get for a client, and they won’t charge anything if the client doesn’t get compensation. The fee is usually 25 to 40 percent of what the client receives. An attorney may take a larger percentage if the case goes to trial than if it settles.

2. Should I see a doctor after an accident even if I don’t feel much pain?

   It’s a good idea to see a doctor even if your injuries don’t seem bad initially. Some conditions take time to emerge, and a delay in diagnosing and treating them could make them worse. Promptly seeing a doctor also could strengthen any eventual insurance claim or lawsuit by creating a record of your injuries soon after they happened.

3. Is uninsured motorist coverage required in Wisconsin?

   Yes, Wisconsin requires a driver to get uninsured motorist coverage in a minimum of $25,000 for one person and $50,000 for two or more people. If you get into an accident with a driver who isn’t insured, or a hit and run driver, you can file a claim under your own uninsured motorist policy. However, the insurer might contest the claim just as much as a liability insurer for the at-fault driver would have. The fact that you have a contractual relationship with them doesn’t necessarily mean that the process will go smoothly.

4. Is a dog owner strictly liable for a dog bite?

   Yes, Wisconsin has a law that makes a dog owner liable for any injuries caused by their dog. These extend beyond bites to other injuries, such as when a dog knocks a person over. The dog owner doesn’t need to have any prior indication that the dog might be aggressive. However, the owner can raise comparative negligence as a defense if it’s appropriate.

5. How long will my personal injury case last?

   The timeline for these claims can vary widely, with some claims wrapping up within a few months and others lasting for a year or more. Cases involving permanent or other severe injuries and substantial damages may take longer, as well as cases involving a complex sequence of events in which liability isn’t clear. Going to trial rather than taking a settlement may make a case take much longer, but it still can be worth it if you don’t get a fair offer.