Often times, especially in automobile or motorcycle accidents, passengers in a car or on a motorcycle suffer injuries due to the negligence of a family member or friend. Such injuries may be quite serious including brain injuries, fractures, neck and back pain, shoulder injuries, etc.
Many times people who have been seriously injured in a car or motorcycle accident due to the negligence of a friend or family member are hesitant to bring a claim for compensation for these injuries because of their relationship to the negligent party. As a result, many such individuals who have suffered serious brain injuries, fractures, spinal injuries, etc., with related medical bills and wage loss fail to take advantage of a law that is unique to Wisconsin. This law is set forth at Wis. Stat. 632.24 and is called the Wisconsin Direct Action Statute. Let me briefly explain the importance of this law.
As a result of the Wisconsin Direct Action Statute, if you suffer a serious injury due to the negligence of a family member or friend, you do not have to make a claim against the family member or friend. You can simply proceed solely against the at fault party’s insurer. In the event your claim cannot be settled with the negligent party’s insurer without filing a lawsuit, you need not name your relative or friend as a party to the lawsuit. Your lawsuit can simply name the insurer as the defendant as long as the accident happened in Wisconsin.
The Direct Action Statute is an important tool in obtaining fair compensation for those injured due to the negligence of a family member or friend. This statute can be of vital assistance to those who may have otherwise been hesitant to seek justice against a family member or friend.