In Wisconsin, auto accidents present serious injuries for some victims. In some cases, a fatality is possible. It is vital for accident victims to act quickly once they have received medical treatment. The outcome of their medical assessment determines if they have a viable case against the at-fault driver. An auto accident lawyer in WI discusses common probabilities with victims.
When a DUI Causes an Accident
A DUI is a serious offense that can lead to hefty criminal penalties. However, if the drunk driver causes an accident, further criminal penalties could apply. Attempted vehicular manslaughter is among the potential charges that are applied in criminal cases.
Any Moving Violations Committed by the Victim
Comparative fault rulings apply when the victim is guilty of a moving violation. Judges apply a percentage of fault for each moving violation. If the percentage exceeds 50%, the victim no longer has a viable case and will receive no compensation. In some cases, the defendant could file a countersuit and seek compensation.
Potential Wrongful Death Cases
Any victim that suffers life-threatening injuries will be monitored closely by the family attorney. If the victim dies as a result of their injuries, the family could file a wrongful death lawsuit. The claims allow families to collect compensation for medical expenses, funeral costs, and tort-based awards for pain and suffering or mental anguish. A death certificate and autopsy report are needed for the legal claims.
When a Civil Case Links to a Criminal Case
The attorney needs to know if there is a criminal case that links to the civil lawsuit. In some jurisdictions, lawsuit awards are restricted if the defendant was ordered to pay restitution in a criminal case. The outcome of either case could affect the total monetary award given to the victim.
In Wisconsin, auto accidents are caused by DUI, road conditions, moving violations, and mechanical failures. The circumstances of the accident determine if criminal charges apply to the at-fault driver and if the court imposes charges. Civil lawsuits help victims and families collect compensation. Victims who need legal assistance can contact an auto accident lawyer in WI for more details or visit the website right now.
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