You were driving to Appleton and they came out of nowhere. Now your car is ruined, the bills are piling up because you can’t get back to work, and you can barely get out of your chair.
Someone else’s reckless behavior has deeply affected your life. But how can this person be held responsible for what they’ve caused?
If you’ve been injured by a drunk driver in Wisconsin, Natasha Misra Law is here to let you know more about how the driver could be held responsible in different court systems.
The civil system focuses on holding the drunk driver accountable by seeking financial compensation for the damages and injuries you've suffered, while the criminal system deals with punishing the drunk driver for breaking the law.
In the civil system, you have the right to file a personal injury lawsuit against the drunk driver to seek compensation for:
Medical Expenses: You can recover costs related to medical care, including emergency room visits, surgeries, medications, physical therapy, and any future medical treatments needed due to the injuries caused by the accident.
Lost Wages: If your injuries have caused you to miss work, you can seek compensation for the income you’ve lost during your recovery. This may also include compensation for any reduction in your earning capacity if your ability to work is permanently affected.
Pain and Suffering: This compensation covers the physical pain and emotional distress you have endured because of the accident and its aftermath, including ongoing discomfort, anxiety, and other forms of mental anguish.
Other Damages: Depending on the details of your case, you may also be able to claim additional damages, such as property damage, loss of enjoyment of life, or punitive damages aimed at punishing the drunk driver for their reckless actions.
A skilled Milwaukee car accident lawyer can help you navigate the legal process and ensure you receive the compensation you deserve.
On the other hand, the criminal system is responsible for holding the drunk driver accountable for their actions. If the driver is charged with operating under the influence (OWI) which is commonly referred to as driving under the influence (DUI), they may face criminal penalties such as fines, license suspension, or even jail time. While the criminal system aims to punish the wrongdoer, the civil system focuses on providing you with the financial relief you need to move forward.
Being hit by a drunk driver can have lasting physical, emotional, and financial consequences. By getting legal guidance from Natasha Misra Law, you can rest assured that your case is in capable hands.
If you or a loved one has been involved in a car accident caused by a drunk driver, don't hesitate to contact us for a consultation. Let us help you through the legal process and secure the compensation you need to recover and continue. Reach out now and get a lawyer who’s not just another suit on your side.
When it comes to personal injury, traffic accidents seem to get the spotlight. However, many accidents occur off the street as well. When property owners fail to reasonably maintain their property and allow dangerous conditions to exist, serious injuries can result. Natasha Misra Law represents victims of slip and fall accidents that involve issues of premises liability.
What is premises liability? In simple terms, if you have been injured in a slip and fall accident or a trip and fall accident caused by a dangerous condition on someone else’s property, then the property owner or occupier may be held responsible for your injuries and losses.
Property owners and people who occupy property have a legal duty to keep their premises in a safe condition and ensure that whoever enters the property is protected from an unreasonable risk of injury.
To prove your slip and fall claim, you must be able to show that the owner or occupier of the property failed to keep the premises in safe condition. In addition, the court will look to your own actions and whether you were on the property legally. The court will also determine whether or not you were exercising reasonable care for your own safety.
A successful slip and fall case will show that the accident was caused by an unsafe condition on the property. Dangerous conditions that create an unreasonable risk of harm, and lead to possible premises liability claims, include:
But just because there was a slip and fall accident caused by one of these conditions does not always mean that the property owner or occupier can be held responsible. The following is often considered in determining whether the owner or occupier of the property can be held responsible for your injuries:
1. Whether the dangerous condition was caused by the owner or occupier of the property,
2. Whether the owner or occupier knew about the dangerous condition but did not fix it, or
3. Whether the owner or occupier should have known about the dangerous condition because a reasonable person maintaining the property would have discovered the dangerous condition and repaired it.
In addition to establishing that a dangerous condition existed, you would also need to prove that you were legally permitted to be on the property at the time of the accident.
Typically, visitors are categorized as either an invitee, a licensee or a trespasser. Invitees are visitors that are invited to the property, such as a general store customer. A licensee is a visitor that enters onto the property for their own purposes, but with the property owner’s consent. Trespassers, on the other hand, do not have consent to be on the property and are not owed the same level of care as invitees and licensees.
If you are in a grocery store during normal operating hours, for example, then you are considered an invitee. As an invitee, the grocery store owes you a duty of care to keep the premises clear of dangerous conditions.
In addition to a negligence claim for your slip and fall, you may also have a claim alleging that the owner of the building or employer violated Wisconsin’s Safe Place Statute. This law covers places of employment and public buildings, and applies to employees and people who frequently visit those locations. The Safe Place Statute holds employers, owners of public buildings, owners of places of employment, and builders responsible for constructing, maintaining and repairing the premises so that it is free of dangerous conditions.
Cases where the Safe Place Statute applies are often easier to prove, as the law holds an employer or the owner of a place of work to a higher standard of care. An experienced personal injury attorney can help you determine if the Wisconsin Safe Place Statute applies to your slip and fall case.
If you have been injured as the result of a dangerous condition on someone else’s property, you should consult with a Milwaukee personal injury attorney today. Slip and fall cases are almost never straightforward and can involve a number of complex premises liability issues. In addition, property owners and occupiers responsible for your injuries will attempt to limit the compensation owed to you. An experienced Milwaukee slip and fall attorney can help you get the compensation you deserve.
Call our office at (414) 635-2858 for a free consultation and speak with a Milwaukee personal injury attorney today.
My law practice is dedicated to helping people who have suffered injuries in accidents which were not their fault. Born and raised in Milwaukee, I come from a family of medical professionals. My background and experience help me understand and represent individuals injured in accidents.
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