You can sue for a concussion in Wisconsin when the injury leads to medical bills, missed work, or other damages after an accident. Concussions can happen in car crashes, falls, and other incidents that cause head injuries. Insurance companies may question the seriousness of the injury or dispute the value of the damages.
You can get help with a claim from our Milwaukee concussion injury lawyer. We will review what happened, gather evidence, and handle negotiations with the insurance company.
When You May Sue for a Concussion in Wisconsin
You may be able to sue for a concussion in WI if another person’s negligence caused the injury. Negligence means someone failed to act with reasonable care and their actions caused harm. Many concussions happen during accidents where someone did not act safely.
When that occurs, Wisconsin law may allow the injured person to seek damages. Incidents that may lead to a concussion claim include:
- Car accidents: A distracted, speeding, or drunk driver causes a crash that leads to a head injury.
- Truck accidents: A truck driver or trucking company that fails to follow safety rules.
- Slip and fall accidents: A property owner fails to fix or warn about a dangerous condition.
- Workplace accidents: Unsafe work conditions or faulty equipment cause a head injury.
- Sports or recreational accidents: Poor supervision or unsafe facilities lead to an injury.
In these situations, an injured person may pursue damages by filing an insurance claim or a lawsuit against the liable party.
For a free legal consultation, call (414) 276-6666
What a Concussion Is and Why It Can Be Serious
A concussion is a traumatic brain injury (TBI). It happens when a blow or sudden movement of the head disrupts normal brain function. A person can experience symptoms right away or hours or days later after a crash, fall, or sports injury.
People with concussions commonly experience:
- Headaches
- Dizziness or balance problems
- Nausea or vomiting
- Confusion or memory issues
- Blurred vision
- Sensitivity to light or noise
- Trouble concentrating
- Fatigue or sleep problems
It can take weeks for some people to recover, while others can experience post-concussion symptoms for months or longer. Because brain injuries can affect thinking, work, and daily life, these cases typically involve more than simple medical bills.
How Fault Affects a Concussion Lawsuit in Wisconsin
Wisconsin follows a comparative negligence rule. This rule affects whether an injured person can recover damages.
Under state law:
- A person may recover damages if they are 50% or less at fault for an accident.
- The damages may be reduced based on the person’s share of fault.
For example, if a driver is found 20% responsible for a crash and the other driver is 80% responsible, the injured person may still recover damages. However, the total amount they recover would be reduced by 20%.
Because fault disputes are common in accident claims, evidence plays a key role in proving who’s responsible for injuries and losses. Police reports, witness statements, and medical records are a few examples of the evidence that can support claims in these cases.
Click to contact our personal injury lawyers today
Recoverable Damages for a Concussion Injury
A concussion can lead to several types of damages after an accident. Medical care is often the first concern and the largest expense. This may include the cost of exams, imaging tests, follow-up visits, and treatment for ongoing symptoms. Some people also miss work while recovering, which can lead to lost income.
In more serious cases, concussion symptoms may last for months. Ongoing headaches, memory problems, or trouble concentrating can affect a person’s ability to work or carry out normal activities. When this happens, damages may also reflect reduced earning ability and the impact the injury has on daily life.
Pain, discomfort, and emotional strain are also factors in many concussion claims. Because every injury and recovery process is different, the value of damages depends on the medical evidence, recovery time, and how the injury affects the person’s life.
Complete a Free Case Evaluation form now
Can You Sue an Insurance Company After a Concussion?
Suing for a concussion injury is usually not the first step. In most cases, the first step is filing a claim with an insurance company. This can be an auto insurance policy, a property insurance policy, or another liability policy.
Parties usually resolve their differences through insurance negotiations. However, problems can arise when the insurance company:
- Disputes who caused the accident or injury.
- Questions whether the concussion is serious.
- Asks whether the injury existed before the accident.
- Offers a settlement that falls short of a claim’s value.
When negotiations do not resolve the claim, it may become necessary to file a lawsuit. Legal action allows a court to review the evidence and determine responsibility and damages.
Wisconsin’s Deadline for Filing a Personal Injury Lawsuit
Wisconsin law places time limits on personal injury lawsuits. In many cases, an injured person has three years from the date of the accident to file a lawsuit. Missing this deadline can prevent a person from pursuing damages. Some situations may involve different timelines, especially if a government entity is involved.
Important information can also become harder to find over time, which is why reviewing a case early can help protect key details and preserve your right to sue for a concussion in Wisconsin.
Our Milwaukee Personal Injury Lawyers Can Help With a Concussion Claim
A concussion can lead to medical bills, missed work, and other losses after an accident. If someone else caused the injury, a Milwaukee personal injury lawyer can review what happened and explain your legal options.
Gruber Law Offices, based in Milwaukee, has proudly served communities throughout Wisconsin for over 40 years. Our team of more than 130 legal professionals has the resources to take on insurance companies and pursue the damages our clients deserve.
Our contingency fee agreements mean you pay nothing up front for us to represent you. Once we secure your settlement, our legal fees come out of that recovery. Make “One Call…That’s All” for your free consultation today.
Call or text (414) 276-6666 or complete a Free Case Evaluation form
