Eau Claire Car Accident Lawyer

Filing an accident claim after a car wreck is a stressful experience. What initially looks like a few pieces of paper can soon turn into a nightmare for injured motorists struggling to get back on their feet after motor vehicle accidents. At Fitzpatrick, Skemp & Butler, LLC, we provide legal representation and have heard stories from countless people who tried to handle their own insurance claim, only to give up in frustration after a couple of months. Don’t let this happen to you. Our firm has helped numerous accident victims recover compensation.

Contact our law firm today. We have deep experience in car accident cases around Wisconsin, and we offer our services to those living or injured in Eau Claire. It is possible to obtain compensation to cover car repairs, medical bills, and income loss, but you should hire the right attorney quickly. We will negotiate with the defendant and their insurer to obtain as much compensation as possible. An Eau Claire car accident attorney can explain more in a free consultation.

Causes of Car Accidents

Car accidents can occur due to a variety of factors, each contributing to the risk of a collision. Distracted driving and driver negligence are major causes, with activities like texting, talking on the phone, or eating diverting a driver’s attention from the road. Drunk driving is another significant factor, as alcohol and drugs impair a driver’s judgment and reaction time, leading to dangerous situations. Speeding is also a common cause, as excessive speed reduces a driver’s ability to stop or react to unexpected events, increasing the likelihood of an accident. Traffic laws are often violated, leading to accidents.

Reckless driving behaviors, such as tailgating or weaving in and out of lanes, further elevate the risk of car accidents. Weather conditions, including rain, snow, or fog, can make roads slippery and visibility poor, contributing to accidents. Lastly, vehicle maintenance plays a key role; failure to properly maintain a vehicle can lead to mechanical failures like brake failure or tire blowouts, which can cause serious accidents.

Types of Car Accidents

Car accidents come in various forms, each with its own set of risks and potential for serious injuries. Rear-end collisions are common and occur when one vehicle crashes into the back of another. Head-on collisions, often resulting in severe injuries or fatalities, happen when two vehicles collide front-to-front. Side-impact collisions, also known as T-bone accidents, occur when one vehicle strikes the side of another, often at intersections, leading to intersection accidents.

Rollover accidents are particularly dangerous and typically result from excessive speed or loss of control, causing the vehicle to flip over. Multi-vehicle accidents involve several cars and can be especially chaotic and hazardous, often occurring on busy highways or in adverse weather conditions. High-speed collisions also have a high potential for severe injuries. Each type of accident presents unique challenges and risks, underscoring the importance of safe driving practices.

Serious Injuries after a Car Wreck

Car accidents are extremely traumatic. According to one estimate, an unbelted person in a car going 30 miles per hour will suffer 24,000 pounds of force on their body when they collide with a stationary object. That is a lethal amount of force. Serious injuries can also lead to emotional trauma.

Nonfatal injuries include:

• Facial wounds
• Neck injuries
• Dislocated shoulders and knees
• Lacerations or abrasions
• Back sprains
• Spinal cord injuries
• Concussions
• Coma
• Paralysis
• Internal injuries

Spinal cord injuries are particularly severe and can result in permanent paralysis, requiring long-term medical care and significant financial burdens. Severe injuries like spinal cord injuries often require long-term rehabilitation and physical therapy.

Each year, nearly 600 people die in Wisconsin car accidents, which is a tragedy. But even nonfatal injuries can leave someone sidelined for months, unable to work or enjoy life like they once did. Many injuries sustained in car crashes require ongoing medical treatment and can result in permanent disabilities.

Common Car Accidents in Eau Claire

Our Eau Claire car crash lawyers have helped clients injured in many types of accidents:

• Speed-related collisions. A speeding motorist can run a red light or rear end a car because the driver cannot stop in time. Road hazards can also contribute to these accidents. Speed-related accidents often cause especially serious injuries.
• Failure to yield. Wisconsin has detailed rules for yielding at intersections and on the road. Unfortunately, some motorists refuse to yield even if they know they should, and they cause a wreck. These are dangerous accidents, especially when one vehicle is trying to merge on the highway.
• Rear-end collision. A motorist can crash into a car directly in front of it, often because the driver is distracted or confused. Motorists can be thrown forward, and unbelted occupants might go through the windshield.
• Multiple vehicle pileups.  Several cars can smash against each other, often on congested roads, like I-94 or any road with a construction zone. Pileups can be especially dangerous because emergency personnel might need extra time to reach injured victims.
• Single-vehicle accidents. One vehicle might crash without being struck. For example, a driver might need to take sudden, defensive action to avoid a crash and end up going off the road. Malfunctioning parts on a car might also cause this type of crash.
• Drunk driving accidents. Impaired drivers kill hundreds of people each year and injure thousands more. Alcohol and drugs delay reactions and increase risky behavior. Traffic violations also play a significant role in causing these accidents. A drunk driver who causes a car accident should be held accountable for the harm they cause.

Car Accident Statistics and Trends in Eau Claire County

Car accidents are a leading cause of injuries and fatalities in Eau Claire County, Wisconsin. According to the Wisconsin Department of Transportation, there were 1,435 car accidents in Eau Claire County in 2020, resulting in 444 injuries and 12 fatalities. These numbers highlight the significant impact of car accidents on the community.

The most common causes of car accidents in Eau Claire County include distracted driving, drunk driving, speeding, failure to yield, and bad weather. Distracted driving, such as texting or using a phone while driving, is a major contributor to accidents. Drunk driving remains a serious issue, with impaired drivers causing numerous crashes each year. Speeding reduces reaction time and increases the severity of accidents. Failure to yield, especially at intersections, often leads to collisions. Additionally, Wisconsin’s unpredictable weather can create hazardous driving conditions, contributing to accidents.

Being aware of these statistics and trends is important for taking necessary precautions to stay safe on the roads. By understanding the common causes of car accidents, drivers can make more informed decisions and adopt safer driving practices.

Identifying Fault in Wisconsin Law

To obtain compensation after a crash, we need to identify who is at fault and determine the legal liability. You might assume it’s the other driver, but they could also point the finger at you.

We rely on various types of evidence to identify what happened, including:

• Accident eyewitnesses
• Dashcam or surveillance video
• Physical evidence like paint smears or debris fields
• Photographs of the vehicles immediately after the crash
• Each driver’s own statements about what happened
• Police reports that document the accident scene

Evidence collection is an important part of identifying fault. Our personal injury attorneys work quickly to gather this evidence before it disappears.

Sometimes an accident is just that: an accident. No one is to blame, because the collision was just bad luck. But in most cases, one driver was negligent, which means they failed to drive with sufficient care. In that case, we can seek compensation from a negligent driver for your injuries and related financial losses through personal injury claims.

Can Both Drivers Share Fault?

Yes. For example, you might have been distracted by your cell phone when a drunk and speeding driver crossed the center line and smashed into you. In this example, both drivers were careless, indicating partial fault. Wisconsin law acknowledges comparative fault.

So long as you are not more at fault than the other driver, you should be able to seek compensation. Your own fault will reduce your damages, at a minimum. Understanding comparative fault is important in personal injury lawsuits, as it affects the amount of compensation you can receive based on your level of fault. Partial fault can lead to a compensation reduction.

How Insurance Companies Handle Car Accident Claims

Insurance companies are businesses focused on their bottom line, not on helping injured people get fair compensation. When you file a car accident claim with an insurance provider, you may face tactics designed to reduce what they pay out. The claims process can be complicated and frustrating for accident victims who are trying to recover from their injuries.

An insurance company may dispute the severity of your injuries, argue about who was at fault, or offer a settlement that doesn’t cover your medical expenses and lost wages. Our personal injury lawyers understand these tactics and know how to counter them. We handle all communication with insurance companies so you can focus on your recovery.

Sometimes an at-fault driver’s insurance company refuses to offer adequate compensation for your damages. When this happens, filing a personal injury lawsuit may be necessary to protect your rights. Our car accident attorneys in Eau Claire, WI, are prepared to take your case to court if needed.

Will Insurance Cover Your Car Accident?

We usually negotiate with the defendant’s insurance company to reach a settlement and recover compensation for your injuries and damages. Fortunately, Wisconsin requires that drivers have minimum coverage when they register a car, which includes specific policy limits:

Bodily injury liability. This coverage will pay for medical care, lost income, and pain and suffering. Drivers should carry a minimum of $25,000 per person, up to $50,000 for accidents with two or more injured people.

Property damage liability. This insurance will pay for repairs to your vehicle when the other driver is to blame. The current minimum is $10,000.

Uninsured motorist insurance (UM Coverage). You pay for this insurance, but it kicks in if you are hit by a driver who is uninsured, or if you are hurt in a hit and run. You should have at least $25,000 per injured victim, up to $50,000 per accident.

There are various coverage options available to drivers to ensure adequate protection.

Medical Expenses and Damages

Car accidents can lead to substantial medical expenses and damages, creating a significant financial burden for victims both physically and financially. Emergency room visits and hospital stays are often the first step in treating injuries sustained in a crash. Surgical procedures and subsequent rehabilitation may be necessary for more severe injuries, adding to the medical costs. Victims may also face lost wages and income due to time away from work during recovery. Medical treatment is a significant part of these expenses.

Beyond the immediate medical expenses, car accidents can cause significant pain and suffering, as well as emotional distress. Property damage to the vehicle involved in the accident is another financial burden that victims must address. Our personal injury attorney team documents all these expenses and damages to ensure fair compensation is sought and received. You shouldn’t face out of pocket expenses because of another driver’s negligence.

Understanding Wrongful Death Cases in Eau Claire

In the tragic event that a loved one is killed in a car accident, the family may have the right to file a wrongful death claim. These claims seek compensation for the profound loss and the financial impact on the family. Wrongful death claims can be complex, requiring the expertise of an experienced personal injury attorney to work through the legal process and ensure that the family’s rights are protected. Financial compensation is often a primary goal of wrongful death claims.

An experienced personal injury attorney can help gather evidence, negotiate with insurance companies, and represent the family in court if necessary. Surviving family members may be entitled to compensation for funeral costs, loss of income, and loss of companionship. Seeking compensation through a wrongful death claim can provide some financial relief and a sense of justice for the grieving family.

Our Eau Claire car accident lawyer team handles wrongful death cases with compassion and dedication. We understand that no amount of money can replace your loved one, but holding the at-fault party accountable can provide some measure of closure. Contact our law firm for a free case evaluation if you’ve lost a family member in a car crash.

How to Handle a Car Accident

If you are involved in a car accident, taking the right steps immediately can protect your legal rights and help ensure you receive fair compensation for your injuries and damages. First and foremost, seek medical attention immediately, even if you do not feel seriously injured at the moment. Some injuries may not be apparent right away. An injured person should always get checked by a doctor after a car crash.

Report the accident to the police and your insurance company as soon as possible. Gather evidence at the accident scene, including witness statements and photographs of the vehicles and surroundings. This evidence can be important in supporting your personal injury claim. Evidence preservation is an important step in building a strong case. Finally, contact an experienced personal injury attorney to discuss your options and protect your rights. An attorney can guide you through the process, negotiate with the insurance company, and help you seek compensation you deserve.

What to Do After a Car Accident

If you’re involved in a car accident in Eau Claire County, it’s crucial to take the right steps to ensure your safety and protect your legal rights. Here’s what you should do:

1. Move to a Safe Location: If the accident occurs on a busy road, move your vehicle to the side of the road or a nearby parking lot to avoid further accidents. Ensuring your safety and the safety of others is the top priority.
2. Call the Police: Report the accident to the police, even if it’s minor. This will help create a record of the incident and provide valuable evidence for your insurance claim. A police report can be important in establishing fault and supporting your personal injury claim.
3. Seek Medical Attention: If you’re injured, seek medical attention immediately. Even if you don’t feel injured, it’s important to get checked by a doctor to rule out any potential injuries. Some injuries may not be apparent right away but can have serious long-term effects. An injured party should document all medical treatment received.
4. Gather Information: Collect the following information from the other parties involved:

• Names and contact information
• Vehicle make, model, and license plate number
• Insurance information
• A description of the accident

5. Take Photos: Take photos of the accident scene, including damage to vehicles and any visible injuries. Photographic evidence can be invaluable in supporting your claim and demonstrating the extent of the damage.
6. Notify Your Insurance Company: Inform your insurance company about the accident as soon as possible. Provide them with all the necessary details and cooperate fully with their investigation.

By following these steps, you can protect your rights and ensure you receive fair compensation for your injuries and damages.

Other Insurance Policies

Our clients might have other optional insurance benefits which can pay compensation following a crash:

• Medical payments coverage. This insurance pays for medical care to treat car accident injuries. It is no-fault insurance.
• Collision coverage. This optional coverage pays for car repairs, regardless of fault. Although optional, many car lenders require that borrowers carry collision insurance.
• Underinsured motorist coverage (UIM insurance). This insurance will cover uncompensated expenses that exceed the at-fault driver’s policy limits. It is fault-based, unlike collision and medical payments. Coverage limits for these policies can vary, so it’s important to review them carefully. Uninsured motorist coverage and underinsured motorist coverage are important protections for car accident victims.

Personal injury lawyers can help you understand and utilize these insurance policies to ensure you receive the compensation you deserve. Our injury lawyers review all available coverage to maximize your recovery.

What is a Fair Settlement for an Eau Claire Car Accident?

A fair settlement should compensate for all out-of-pocket expenses related to the crash, and settlement negotiations are important in achieving this. Many people are shocked at the size of medical bills that pile up on their kitchen table. The negligent driver should pay for these expenses. The compensation amount is a key factor in settlements. Maximum compensation should include both economic and non-economic damages.

Out-of-pocket losses include medical care for your injuries: tests, doctor appointments, prescription medication, surgery, and rehabilitation, among other expenses. Hold onto your receipts and bills so we can calculate the total cost of care. Medical records help document your treatment and justify the compensation you’re requesting.

Other economic losses include car damage and lost income. Some accident victims feel intense pain, which keeps them away from work. That’s an unfortunate drop in income when they really need it most. You should request monetary compensation and show your lawyer your pay stubs and car repair bills. Property damage claims should cover the full cost of repairs or vehicle replacement.

Our lawyers will also negotiate a settlement for all the non-economic losses suffered, such as:

• Bodily pain
• Depression
• Anxiety
• Mental anguish
• Fear
• Reduction in the quality of live
• Impairment of the marital relationship
• Emotional distress and trauma

If a fair settlement cannot be reached, filing a personal injury lawsuit may be necessary to ensure you receive the compensation you deserve. Our car accident attorney team is prepared to take your case to trial if needed to get you maximum compensation.

Schedule a consultation today to speak with a member of our team about how much compensation you might receive.

The Car Accident Lawsuit Process in Eau Claire

If you’re involved in a car accident in Eau Claire County, you may be entitled to compensation for your injuries and damages. The car accident lawsuit process typically involves the following steps:

1. Filing a Claim: Your attorney will file a claim with the at-fault party’s insurance company. This initiates the process of seeking compensation for your injuries and damages.
2. Investigation: Your attorney will investigate the accident to gather evidence and build a strong case. This may include collecting police reports, medical records, witness statements, and any other relevant information.
3. Negotiation: Your attorney will negotiate with the insurance company to reach a settlement. The goal is to obtain a fair settlement that covers your medical expenses, lost wages, and other damages.
4. Litigation: If a settlement can’t be reached, your attorney will file a lawsuit and represent you in court. This step involves preparing legal documents, presenting evidence, and arguing your case before a judge or jury. A personal injury lawsuit may be necessary when insurance companies refuse to offer adequate compensation.
5. Trial: The case will go to trial, where a judge or jury will determine the outcome. Your attorney will present your case, and the court will decide on the compensation you are entitled to receive.

Throughout this process, having an experienced personal injury attorney by your side is important. They can work through the complexities of the legal system, advocate for your rights, and help you seek compensation you deserve. Our personal injury lawyer team has extensive courtroom experience and knows what it takes to win.

Car Accident Lawyer Fees and Costs

Hiring a car accident lawyer in Eau Claire County can be expensive, but it’s important to understand the fees and costs involved. Most car accident lawyers work on a contingency fee basis, which means they only get paid if you win your case. The typical contingency fee range is between 25% to 40% of the settlement or award.

In addition to contingency fees, you may also be responsible for other costs, such as:

• Medical Expenses: These are costs related to treating your injuries, which may be recovered as part of your compensation.
• Expert Witness Fees: If your case requires expert testimony, you may need to pay for these services.
• Court Costs: These include filing fees, court reporter fees, and other expenses associated with taking your case to court.

It’s important to discuss fees and costs with your attorney before hiring them. Understanding the financial aspects of your case can help you make informed decisions and ensure there are no surprises down the line. Our law firm is transparent about legal fees and costs from the start.

Choosing the Right Car Accident Lawyer

Choosing the right car accident lawyer in Eau Claire County can be overwhelming, but it’s important to find an attorney who has experience handling car accident cases. Here are some factors to consider:

• Experience: Look for an attorney with extensive experience handling car accident cases. An experienced personal injury attorney will be familiar with the legal process and know how to build a strong case. Our injury lawyers have decades of combined experience.
• Reputation: Check online reviews and ask for referrals to ensure the attorney has a good reputation. A lawyer with a track record of success and positive client feedback is more likely to provide quality representation.
• Communication: Choose an attorney who communicates effectively and keeps you informed throughout the process. Clear and open communication is essential for a successful attorney-client relationship.
• Fees: Understand the contingency fee structure and any additional costs involved. Make sure you are comfortable with the financial arrangement before proceeding.
• Expertise: Ensure the attorney has expertise in handling car accident cases, including knowledge of Wisconsin car accident laws and regulations. Specialized knowledge can make a significant difference in the outcome of your case.

By considering these factors, you can find the right car accident lawyer to represent you and help you recover compensation for your injuries and damages. An experienced and reputable attorney can guide you through the legal process, advocate for your rights, and work towards achieving the best possible outcome for your case.

Top 5 Reasons to Hire our Auto Accidents Attorney following an Accident

Some accident victims think they can negotiate their own settlement without legal expertise. After all, Wisconsin does not require that you hire a lawyer to help you. But here are 5 reasons you should pick up the phone and call us:

1. Negotiating a settlement is exhausting. Injured victims need to maintain focus on their recovery if they hope to heal their injuries. Let our Eau Claire car accident lawyers fill out insurance forms, answer questions, and handle phone calls. Let our Eau Claire car accident lawyers handle the complexities of personal injury claims, so you can focus on rehab.
2. Insurance companies don’t play fair. You might think that fault is obvious, and your injuries deserve a large amount of compensation. However, insurance companies are businesses. They are focused on their balance sheet, not what’s best for you. We have seen many people with life-changing injuries get only small settlement offers. Send the insurance companies a message by hiring a seasoned lawyer to handle negotiations.
3. You don’t want to ask for too little. Do you know how much you can get for a broken arm, whiplash, and pain? Some accident victims just ask to have their medical bills reimbursed. But we know how to demand financial compensation for pain and suffering. There is no reason to leave money on the table.
4. We might have to sue. Our firm has successfully negotiated settlements for most clients. But there’s always the possibility that both sides remain so far apart that a lawsuit is the only way to seek resolution. You will definitely need a lawyer to help with litigation. And an insurer will come to the table with a fair offer if they know you have experienced litigators on your side.
5. You can afford our legal services. Our firm represents car accident victims with contingency fee agreements. Essentially, you will not owe us any legal fees until and unless we win your case. There is no risk to you!

Additionally, having an attorney ensures you have proper representation throughout the process.

Common Questions About Car Accident Cases in Eau Claire

Q. How long do I have to file a personal injury claim after a car accident in Wisconsin?

A. In Wisconsin, you generally have three years from the date of the accident to file a personal injury claim under Wisconsin law. This time limit is called the statute of limitations and is strictly enforced by courts. If you miss this deadline, you lose your right to recover compensation through the legal system. Some exceptions may apply in certain circumstances, such as when the injured person is a minor or when the crash occurred but injuries weren’t discovered until later. Contact our Eau Claire car accident lawyer team as soon as possible after your accident to protect your rights and allow enough time to build a strong personal injury case.

Q. What if the at-fault driver doesn’t have insurance?

A. If an at-fault driver doesn’t have insurance, you may still be able to recover compensation through your own uninsured motorist coverage. This coverage is designed to protect you when you’re hit by a driver who has no insurance or in hit-and-run situations. Our personal injury attorneys can review your policy to determine what coverage is available. We’ll help you file a claim with your own insurance provider and fight to ensure you receive the benefits you’re entitled to. Uninsured motorist coverage can cover medical expenses, lost wages, property damage, and other losses. Don’t assume you have no options just because the other driver lacks insurance.

Q. How much is my car accident case worth?

A. The value of your car accident case depends on many factors, including the severity of your injuries, the amount of your medical expenses and lost wages, the impact on your quality of life, and whether you have permanent disabilities. Economic damages like medical bills and property damage are easier to calculate because they have specific dollar amounts. Non-economic damages like physical pain, emotional distress, and loss of enjoyment of life are harder to value but are just as real. Our car accident attorneys review all aspects of your case to determine its full value. We consider both current costs and future expenses, including ongoing medical treatment, physical therapy, and any long-term care you may need. Schedule a free consultation with our Eau Claire car accident lawyer team to get an honest assessment of what your case may be worth.

Q. Do I really need to hire a lawyer for my car accident claim?

A. While Wisconsin law doesn’t require you to hire a lawyer for your car accident claim, having legal representation can make a significant difference in the outcome of your case. Insurance companies have teams of adjusters and lawyers working to minimize what they pay out. Without a lawyer, you’re at a disadvantage when negotiating your settlement. An experienced car accident attorney knows how to value your claim properly, gather the evidence needed to prove fault, and negotiate effectively with insurance companies. We’ve seen many accident victims accept settlements that seemed fair, only to discover later that they left money on the table. Our injury lawyers work on a contingency fee basis, so you don’t pay anything unless we win your case. There’s no financial risk to you, but the potential benefit of having professional legal assistance is substantial.

Q. What types of compensation can I recover after a car accident?

A. After a car accident in Eau Claire, Wisconsin, you may be entitled to recover compensation for both economic and non-economic damages. Economic damages include medical expenses (past and future), lost wages, loss of earning capacity, property damage, and out-of-pocket expenses related to your injuries. Non-economic damages cover physical pain, emotional distress, loss of enjoyment of life, mental anguish, and loss of companionship. In cases involving wrongful death, surviving family members may also be entitled to compensation for funeral costs and loss of financial support. The amount of compensation you can recover depends on the severity of your injuries, the impact on your life, and the strength of the evidence in your case. Our personal injury lawyer team works to identify all possible sources of compensation and fights for maximum compensation in every case we handle. We ensure that all your damages are properly documented and valued so you receive fair compensation for your losses.

Work with Our Eau Claire Car Accident Lawyers

Our team has dedicated the past 30 years to providing exceptional client support and making sure dangerous drivers are held accountable when they crash into innocent people. We have a distinguished track record of success and can handle any motor vehicle accident case from start to finish. Our firm also offers a wide range of legal services to meet your needs. Contact us today to schedule a free consultation and find out more about how we will assist you with your personal injury claims.

Our Eau Claire car accident lawyers handle all types of personal injury cases, including car accidents, truck accidents, motorcycle accidents, and other serious collisions. We understand the challenges accident victims face and work to make the legal process as stress-free as possible. Legal assistance from our law firm can help you get back on your feet after a car crash.

Don’t let medical bills and lost wages pile up while you wait for the insurance company to do the right thing. Contact our car accident lawyer team in Eau Claire, WI, today for a free initial consultation. We’ll review your case, explain your options, and help you understand what compensation you might be entitled to receive. Our personal injury attorney team is ready to fight for your rights and recover compensation for your injuries.