According to the Wisconsin Civil Jury Instructions, a person is negligent when he or she fails to exercise ordinary care, which is the care that a reasonable person would exercise in similar circumstances. When a person is negligent, he or she does something, or fails to do something, that a reasonable person would consider to be an unreasonable risk of injury or damage to a person or property. The person performs the negligent act does not have the intention to cause the other person injury; rather, the act is one of sheer carelessness.
A good example of negligence is a traffic violation. Suppose a driver fails to stop at a stop sign or a red light at a busy intersection. The driver’s failure to stop then causes an accident with another vehicle whose driver is injured. Since any reasonable driver would stop at a stop sign or red light, it is likely that the driver who committed the traffic violation was negligent in causing the accident that led to the other driver’s injuries.
Wisconsin law also defines its version of comparative negligence, which is the legal doctrine that allows more than one person to be liable for injuries from an accident, each based on his or her level of negligence. A contributory negligence theory compares the level of negligence of the person accused of causing the accident with the level of negligence of the person who was injured in the accident, if any. Using the example above, then, if the driver who ran the red light was 80% negligent in causing the accident and the driver who was injured was 20% negligent because she was speeding through the intersection, then the injured driver only can collect 80% of the damages awarded in a personal injury claim.
When any type of vehicle accident occurs as a result of a driver’s negligence, and causes injury to you or your loved one, you may have a claim for damages under Wisconsin law. However, there are strict time limits on personal injury claims in the state of Wisconsin, and you can lose your right to compensation if you do not consult an experienced lawyer in time. Don’t delay in contacting the Madison personal injury attorneys of Boller & Vaughan, and set up your free consultation today.
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We live in Friendship, Wisconsin, and Boller & Vaughan came to our doorstep to discuss our mother’s wrongful death claim on a Saturday morning. Not only were we pleased with the large recovery, we were so thankful to have lawyers who were willing to explain to us every twist and turn along the way. It is great to know there is a law firm that will fight for the rights of elderly people all over Wisconsin.
Mr. Boller and Ms. Vaughan were incredible in working on my case and my daughter’s case. I was out of work and in the hospital with a new baby. Mr. Boller and Ms. Vaughan protected our rights and it was a pleasure to work with them. I hope never to be in another motor vehicle accident, however, if I am and I am injured, I will contact Boller & Vaughan immediately.
I was referred to Michelle through a friend. I have never had a better experience. It took a little over a year to get my settlement but the staff there stayed in constant contact and kept me in the loop. Oh, and Michelle actually got me MORE money than we discussed. I will refer anyone to this firm. Words cannot do justice the thanks that I have for Michelle and her staff (Mary especially) thank you guys so much!
After my husband died as a result of a motor vehicle accident, Boller & Vaughan spent countless hours talking with me, meeting with me in person, and making sure that I was okay. The drunk driver who hit us did not have any insurance, and we had to make a claim through our own insurance. Boller & Vaughan was fantastic at explaining the law to me and the handling of our claims.
After my son was injured in a daycare setting, Ms. Vaughan took the time to thoroughly investigate our case and my son’s injuries. Michele was approachable and had answers to our questions. Talking with her helped to relieve many of our anxieties.