A spinal cord injury can cause temporary or permanent changes in feeling, movement, strength and body functions below the point of the injury.
If another person’s or company’s negligence caused your injury, Wisconsin law generally gives you 3 years to file a claim (Wis. Stat. 893.54(1m)(a)). Our Milwaukee office handles spinal cord injury cases, and we work on a contingency fee, which means you pay no attorney fee unless we recover money for you.
Wisconsin Law for Spinal Cord Injury Claims
Spinal cord injury claims follow Wisconsin’s general injury rules.
Shared fault
Wisconsin uses comparative negligence. Your compensation is reduced by your share of the fault, and you can recover only if your negligence is not greater than the negligence of the party you are claiming against (Wis. Stat. 895.045(1)). Your fault is compared separately against each party, and a party found 51 percent or more at fault can be required to pay the full damages (Wis. Stat. 895.045(1)).
Injured children
A child who was injured can usually file until 2 years after turning 18, or within the normal period if that is later (Wis. Stat. 893.16).
Seat belts
Not wearing a seat belt can reduce compensation for the injuries the missing belt caused, but by no more than 15 percent (Wis. Stat. 347.48(2m)(g)). Knowing that limit helps if an insurer raises seat belt use.
Government vehicles and property
If a city or county vehicle or other local government body is involved, written notice of the claim is generally due within 120 days (Wis. Stat. 893.80(1d)(a)). Recovery is generally capped at $50,000 (Wis. Stat. 893.80(3)), or $250,000 when the claim comes from the negligent operation of a municipal motor vehicle (Wis. Stat. 345.05(3)). For a claim involving a state employee, a sworn written notice must be served on the attorney general within 120 days (Wis. Stat. 893.82(3), (5)), and recovery is capped at $250,000 (Wis. Stat. 893.82(6)).
Those 120-day windows are much shorter than the general 3-year deadline (Wis. Stat. 893.54(1m)(a)).
Spinal Cord Injuries at Work
For an on-the-job spinal injury, workers’ compensation is generally the exclusive remedy against your employer (Wis. Stat. 102.03(2)). Workers’ compensation for permanent total disability is paid weekly for as long as the employee lives (Wis. Stat. 102.44(2)(a)1.). Wisconsin’s workers’ compensation law also sets no statute of limitations for a traumatic injury causing the need for an artificial spinal disc (Wis. Stat. 102.17(4)(b)).
You may also have a separate claim against a third party, such as a driver who hit you while you were working or the maker of a defective lift or scaffold (Wis. Stat. 102.29(1)(a)). Our Milwaukee workers’ compensation lawyers can explain how the two claims fit together.
How Spinal Cord Injuries Happen
Car and truck crashes
Motor vehicle accidents are one of the most common causes of spinal cord injury in the U.S., and the injury can come from damage to the cord itself or to the vertebrae around it. Our Milwaukee car accident lawyers handle these crash claims.
Motorcycle crashes
Per mile traveled, motorcyclists are almost 27 times more likely than passenger car occupants to die in a crash and almost 5 times more likely to be injured, according to NHTSA. Learn more from our Milwaukee motorcycle accident lawyers.
Falls
Serious falls are one of the most common causes of spinal cord injury, and industrial and workplace accidents are another cause. Adults over age 65 face a higher risk of spinal cord injury from dangerous falls.
Diving, sports and recreation
Sports injuries are another cause of spinal cord injury.
Violence
Acts of violence, mostly gunshot wounds and assaults, are another cause of spinal cord injury.
Spinal Cord Injuries and Compensation
Doctors describe spinal cord injuries as complete, meaning no feeling or movement below the injury, or incomplete, meaning some function remains. Injuries high in the neck can affect all four limbs (tetraplegia), while lower injuries can affect the legs and trunk (paraplegia). Damage to the vertebrae around the cord, such as a fracture, can also cause temporary or permanent changes, and surgery may be needed to remove bone pressing on the spinal column.
Froedtert Memorial Lutheran Hospital in Milwaukee is listed as a Level I trauma hospital in the Wisconsin Department of Health Services State Trauma Plan.
A spinal cord injury claim seeks payment for the losses the injury caused, now and in the future. We work with medical experts to understand how serious the injury is and what kind of treatment you will need. The records we gather often cover:
- Emergency surgery, hospital care and inpatient rehabilitation
- Ongoing therapy, medication and medical equipment
- Wheelchairs, home modifications and adapted vehicles
- In-home care and attendant support
- Lost income and lost ability to earn in the future
- Pain, loss of independence and changes to family life
Punitive damages are available in Wisconsin only when the defendant acted maliciously or in an intentional disregard of the injured person’s rights (Wis. Stat. 895.043(3)), and they are generally capped at twice the compensatory damages or $200,000, whichever is greater (Wis. Stat. 895.043(6)).
What to Do After a Spinal Injury
- Stay still if you suspect a neck or back injury and wait for emergency responders when it is safe to do so
- Follow every treatment and rehabilitation plan, and keep copies of discharge papers
- Ask someone you trust to photograph the scene, the vehicles or the equipment involved
- Get names and contact details for witnesses
- Report a workplace injury to your employer in writing as soon as possible
- Keep a record of expenses, missed work and the help you need at home
- Talk with a lawyer before giving a recorded statement or signing anything
How 844-SEE-MIKE Helps After a Milwaukee Spinal Cord Injury
When you call 844-SEE-MIKE, you talk with our team about what happened, and there is no cost to find out where you stand. If we take your case, we negotiate with the insurance company on your behalf and gather the records and evidence for your claim.
- Free consultation, available 24/7
- No fee unless we recover money for you
In spinal cord cases, we work to recover compensation for expenses and losses both present and future, not only today’s bills.
Frequently Asked Questions
What if my injury is incomplete and I am still improving?
It usually makes sense to understand where your recovery is heading before resolving a claim, while still taking steps now to protect evidence and meet deadlines.
How can my family help with my case?
Family members can keep track of appointments, expenses and the care they provide, and they can describe how the injury has changed daily life.
If you or someone you love was hurt in Milwaukee, contact 844-SEE-MIKE anytime for a free, no-pressure consultation. You pay nothing unless we recover money for you.
To see the other cases our office handles, visit our Milwaukee personal injury lawyers page.
This information is general and is not legal advice. Every case is different, and past results do not guarantee a future outcome.
