Frequently Asked Questions

Following a serious accident in Wisconsin, you need to be proactive—both to protect your well-being and to preserve the value of your legal claim. First and foremost, be sure to seek immediate medical attention for any injuries. Your health and safety take the top priority. Further, if you fail to see a doctor, you cannot bring a personal injury claim in Wisconsin. Next, try to document your accident. Gather and preserve as much relevant evidence/information as possible. Finally, consult with a Wisconsin personal injury lawyer before speaking to an insurance adjuster. 

In Wisconsin, the statute of limitations for filing a personal injury claim is three years from the date of the accident. Only limited exceptions apply. You must bring any legal claim before the statute of limitations expires. If you fail to take action in a timely manner, you could lose out on your right to bring a claim at all. Be proactive: You do not want to fall behind the insurance company in the claims process. Speak to a top Wisconsin personal injury lawyer right away after a serious accident. 

The value of a personal injury case depends on several factors, including the extent of your injuries, the cost of medical treatment, lost wages, the adverse impact of the injury on your quality of life, and any future costs related to your injury, such as ongoing therapy or rehabilitation. In Wisconsin, you can also pursue compensation for non-economic damages, such as pain and suffering. Our Wisconsin personal injury lawyer can help you determine the value of your case. 

To prove liability in a Wisconsin personal injury claim, you will generally need to establish negligence. Among other things, this involves showing that:

1. The defendant had a duty of care to you; 
2. The defendant breached that duty; 
3. That breach of duty caused your injuries. 

Evidence, such as photos, witness statements, accident reports, and medical records, can be critical in proving negligence. Every serious accident in Wisconsin should be thoroughly investigated by an experienced attorney. 

Note: Negligence is not required for certain types of claims in Wisconsin. For example, strict liability laws apply to many dog bite claims and product liability cases. Further, a finding of fault is not required for Wisconsin workers’ compensation cases. 

Typically, your case will not actually get to trial. Indeed, most personal injury claims in Wisconsin do not go to trial. Instead, they are often resolved through negotiation or mediation. However, if a fair settlement cannot be reached, it may be necessary to go to court. You should always be prepared for the possibility of a trial. Insurance companies will be far more likely to offer a fair settlement if you can demonstrate the strength of your case. An attorney can help. 

Not without first consulting with an experienced Wisconsin personal injury attorney. Your lawyer can help assess the fairness of the offer, considering the full extent of your damages, including those that may not be immediately apparent. Further, your Wisconsin personal injury attorney can negotiate with the insurance company on your behalf to ensure you receive a settlement that fully compensates you for your injuries and other losses. Do not rely on a corporate defendant or big insurance company to look out for your best interests. They try to settle cases for less. 

Motor vehicle collisions are reported every day in our state. According to data from the Wisconsin Department of Transportation, there are approximately 135,000 crashes in our state each year. More than 30,000 of these accidents result in reportable physical injuries.   

Yes—or at least you do if there were any injuries or even a relatively modest amount of property damages. Under Wisconsin law, parties are required to report any car accident that results in injury, death, or property damage exceeding $1,000. In effect, most collisions need to be reported as a matter of law. If you are hurt in a crash, a police officer will generally come to the scene and write an accident report. The police report is a key form of evidence. 

Wisconsin is a ‘fault’ state, meaning the person who caused the accident is responsible for any damages. Insurance companies or the court will determine who is at fault based on the evidence provided. Broadly speaking, fault is based on negligence. The driver (or other party) who caused an accident through carelessness or recklessness can be held liable for the resulting damages.

Yes, under Wisconsin’s comparative negligence law, you can still receive compensation if you’re partially at fault, but your compensation will be reduced by your percentage of fault. Here is an example of how the system works in Wisconsin. Imagine that you were found liable for 20 percent of a multi-car crash in La Crosse. The other driver was at fault for 80 percent. In total, you sustained $20,000 in damages. Under Wisconsin law, you would bear liability for 20 percent of your own damages ($4,000). In other words, you would only be able to recover for 80 percent of your losses. Your case would be worth $16,000 instead of the full $20,000. Every percentage point of fault matters. It is crucial that your crash is thoroughly investigated by an experienced Wisconsin auto accident attorney. 

‘Pain and suffering’ refers to the physical and emotional distress caused by an accident. It is considered a non-economic damage, and compensation amounts can vary based on the severity and impact of the accident on your life. Following a crash, it is imperative that you are able to secure the full and fair compensation that you deserve for pain and suffering damages.

Yes, if a vehicle defect contributed to the accident, you might have a product liability claim against the car manufacturer or parts manufacturer. In Wisconsin, a manufacturer can be held strictly liable for a defective product, including a defective automobile. These are complex cases. You need a reliable Wisconsin attorney on your side.  

As a pedestrian, if you were hit by a vehicle, you have the right to seek compensation for your injuries from the at-fault party. Among other things, a settlement or trial verdict may include compensation for medical expenses, lost wages, pain and suffering, and other related damages.

If a cyclist hits you, the cyclist can be held responsible if they were negligent or disobeyed traffic laws. However, liability might be shared if both parties were negligent. Determining fault requires careful analysis of the accident circumstances. Your case should be thoroughly investigated. 

In hit-and-run cases, you might be able to seek compensation through your own insurance policy’s uninsured motorist coverage. In most cases, law enforcement will typically investigate to try to identify the fleeing driver. A lawyer can help you take action to track down the at-fault party and explore every other path to recover compensation for your injuries.

In Wisconsin, the dog’s owner is generally liable for any damages caused by their dog biting someone. To be clear, this holds true even if the owner wasn’t aware that the dog might act aggressively. Dog owners are responsible for protecting the public from risks caused by their animal. Other negligent non-owner parties could also be legally liable for a dog bite. 

Strict liability in a Wisconsin dog bite case means that the owner of the dog is liable for damages caused by their dog biting someone, regardless of whether the owner knew or should have known that the dog might act aggressively. In effect, this means that the injured party does not have to prove the owner was negligent or at fault; it is enough to show that the defendant owned the dog and the dog caused the injury. Under Wisconsin law, if the dog had previously injured someone without provocation, the owner could be liable for double damages.

Premises liability law in Wisconsin holds that property owners or occupiers have a duty to keep their premises reasonably safe for visitors. The law applies to both public and private property. The level of duty varies depending on the status of the visitor, which can be an invitee, licensee, or trespasser.

• Invitees are individuals who enter the property for the benefit of the owner, such as customers in a store. Property owners owe the highest duty of care to invitees, meaning they must actively inspect and maintain the property to ensure it’s safe.
• Licensees are people who enter the property for their own purposes but with the owner’s permission, like social guests. Owners must warn licensees of any known hazards but are not typically required to regularly inspect for unknown dangers.
• Trespassers enter without any right or invitation. Property owners generally do not owe a duty of care to adult trespassers, except not to intentionally harm them or set traps.

In a premises liability claim, the injured person must prove that the owner failed in their duty of care and this failure directly caused the injury. If the visitor is found to have been partially responsible, Wisconsin’s comparative negligence laws can reduce the compensation in proportion to their degree of fault.

In Wisconsin, the vast majority of employees are covered by workers’ compensation insurance from their first day of employment. This includes part-time, full-time, and seasonal workers, and in most cases, immigrant workers. 

First, seek medical attention immediately. Next, notify your employer about the injury as soon as possible, ideally in writing. Document the details about the accident and any related injuries. Finally, file a claim with your employer’s workers’ compensation insurance. A Wisconsin workers’ compensation lawyer can help you navigate a claim.

Workers’ compensation benefits in Wisconsin can include medical expenses, rehabilitation costs, disability benefits (temporary or permanent, partial or total), and death benefits for dependents of workers who die as a result of work-related injuries.

No, it is illegal for an employer in Wisconsin to retaliate against an employee for filing a workers’ compensation claim. You have the right to file for benefits without fear of retaliation. 

If your claim is denied, you have the right to appeal the decision. To appeal, you must file an application for a hearing with the Wisconsin Department of Workforce Development. Appeals are complicated. Consult with a Wisconsin workers’ comp lawyer right away after receiving a denial letter.

Negligence is at the foundation of most personal injury claims in Wisconsin. Broadly speaking, negligence refers to the failure to act with the level of care that a reasonably prudent person would have exercised in similar circumstances. When negligence contributes to an accident, the victim has the right to hold the at-fault party legally responsible for their damages. Proving negligence can be challenging. An experienced Wisconsin personal injury lawyer can help you build a strong case.

Wisconsin is a modified comparative negligence jurisdiction. Comparative negligence is a system used to determine fault and damages based on the degree to which each party is at fault in an accident. In Wisconsin, you can still recover compensation if you are partially at fault as long as you are responsible for no more than 50 percent of your own accident. However, your recovery will be reduced in relation to your degree of plan. For instance, if you had $20,000 in damages, but were at fault for 25 percent of your own accident, your recovery would be reduced to $15,000.

Yes—but they are very limited. In the vast majority of personal injury claims, any lawsuit must be filed within three years of the date of the injury. However, exceptions might apply in certain situations. Most notably, there are personal injury statute of limitations exceptions for: 

1. Injuries to minors; and
2. Injuries that could not have been reasonably discovered right away. 

You have the right to pursue compensation for economic and intangible damages. Here are the two main categories of damages in a Wisconsin personal injury claim: 

• Economic damages are tangible financial losses due to the injury. Examples include property damage, medical bills, lost wages, and diminished earning power. 
• Non-economic damages are intangible losses. Examples include: Pain and suffering, emotional distress, long-term disability, and loss of enjoyment of life.

Note: In a limited number of cases, punitive damages may also be available to injured victims.

It depends. The timeline for a personal injury settlement varies widely depending on a comprehensive range of different factors. On the short end, a settlement will take a few months. On the longer end, a settlement could take more than a year. Be prepared: Consult with a top Wisconsin personal injury attorney as soon as possible after a serious accident.

Very rarely. The overwhelming majority of personal injury settlements are final. The settlement agreement usually contains language stating that the agreement is “full and final,” meaning all claims are resolved. That being, there are very rare circumstances where a settlement might be reopened, such as instances of fraud, misrepresentation, or other forms of egregious misconduct.

No—at least you should not do so without first speaking to a Wisconsin personal injury attorney. Insurance companies often seek statements to minimize their liability or reduce the amount they might have to pay. Without proper legal guidance, you may inadvertently say something that harms your claim. Let your Wisconsin personal injury attorney handle the insurance company.

Dealing with insurance adjusters after an accident in Wisconsin can be stressful, frustrating, and confusing. You do not have to figure it out alone. Here are some quick tips that you can use: 

1. Avoid giving recorded statements without consulting a lawyer.
2. Document everything—including keeping a detailed record of all communications
3. Beware of the initial settlement offer, as it is rarely the best offer. 
4. Always understand the implications before signing any document from the insurer.

Yes—assuming that you were at fault for no more than 50 percent of the crash. However, your compensation will be reduced by the percentage of your fault. As Wisconsin is a modified comparative negligence state, there is a bar on recovery for parties found at fault for 51 percent (or more) of their own collision.

Commercial truck accident claims are extremely complex. These crashes can result in devastating harm. They are also more complex than most other types of motor vehicle accident claims. Here are some key reasons why commercial trucking crashes are different: 

• Complex Liability: Multiple parties might be liable, including the truck driver, trucking company, maintenance providers, or cargo loaders.
• Federal Regulations: Commercial trucks are subject to specific federal regulations which can play a role in determining negligence.
• Severe Injuries: Truck accidents often result in more severe injuries given the size and weight of the trucks.
• Larger Insurance Policies: Commercial trucks usually have larger insurance policies, which can mean more extensive investigations and larger settlements/verdicts.

Different Evidence: Evidence like trucking logs, maintenance records, and electronic onboard recorders might be relevant in truck accident claims.

Yes. Commercial truck accident claims are fault-based legal cases in Wisconsin. The trucking company can be held liable for a crash involving one of its trucks. A trucking company may be responsible on the grounds of negligent hiring/training of drivers, inadequate vehicle maintenance, or a wide range of other issues. Every serious semi-truck accident should be investigated by an experienced Wisconsin attorney.

Far more common than many people realize. Indeed, slip and fall accidents are among the most common types of personal injury incidents in Wisconsin. These accidents can occur in various settings—from commercial properties to private residences to public areas. Each year, approximately one million people nationwide seek professional medical care for slip and fall accident injuries.

Slip and fall accidents can happen for a wide range of different reasons. Every slip and fall in Wisconsin should be thoroughly investigated by an experienced lawyer. If the fall was caused by unreasonably dangerous conditions on the premises, the business or property owner may be legally liable. Some common examples of slip and fall hazards include: 

• Wet or slippery surfaces, such as spills or recently mopped floors; 
• Loose or torn carpeting; 
• Uneven flooring or pavement; 
• Poor or broken lighting, especially in stairways;
• Loose or never-installed handrails; 
• Weather-related hazards, especially snow and ice; and
• Clutter or debris in walking areas.

Yes. Corporations that manufacture products sold in Wisconsin have a duty to ensure that their products are reasonably safe for consumers. A manufacturer can be held liable for a defective product. In product liability law, manufacturers, distributors, suppliers, retailers, and others who make products available to the public can be held responsible if those products are defective and cause harm. There are three primary types of product defects: 

• Design defects, 
• Manufacturing defects, and 
• Marketing defects.

Unlike most other types of accident/injury claims in Wisconsin, a product defect claim is not typically based on the negligence standard. Instead, the standard for product liability claims is based on the “strict liability” doctrine. A manufacturer, distributor, or seller can be held liable if their product is found to be defective and causes harm—even if they were not negligent in the making or selling of that product. For a claimant to successfully bring forth a product liability claim in Wisconsin, they will typically need to prove that: 

• A product was defective; 
• The defect made the product unreasonably dangerous; 
• That defect caused their injury; and
• The defendant was responsible for the defect.

The passing of a close loved one in an accident caused by negligence is heartbreaking. A wrongful death claim is a civil path to justice for surviving family members. In Wisconsin, a wrongful death lawsuit can be filed by the personal representative of the deceased person’s estate or by certain surviving family members. Typically, the following individuals are eligible to file:

• The deceased’s spouse or domestic partner; 
• The deceased’s children; 
• The deceased’s parents (especially relevant if the deceased was a minor); and
• Any person to whom the court may award damages.

Similar to the Wisconsin personal injury statute of limitations, the Wisconsin wrongful death statute of limitations is three years. Eligible parties must file the lawsuit within that three-year period. Otherwise, they might lose the right to pursue the claim altogether. Do not wait to get started with the claims process: Consult with a Wisconsin wrongful death lawyer right away after your loved one’s fatal accident.

After a devastating truck accident, you’re not just dealing with physical injuries; you’re facing a battle against a powerful and well-funded machine. The trucking company and its insurance provider have a team of lawyers and adjusters whose only job is to protect their bottom line by minimizing or denying your claim. A truck accident lawyer is your champion, your advocate, and your shield against these powerful entities. Here’s how a skilled truck accident lawyer can help:

• Immediate and Thorough Investigation: Truck accident cases are incredibly complex. Evidence can be lost or destroyed quickly. An experienced lawyer will immediately launch an investigation, sending a team to the scene, preserving evidence like the truck’s black box data, and interviewing witnesses.
• Navigating Complex Regulations: The trucking industry is governed by a web of federal and state regulations (the Federal Motor Carrier Safety Regulations). A knowledgeable attorney will determine if the trucking company or driver violated any of these regulations, which can be powerful evidence of negligence.
• Identifying All Liable Parties: In a truck accident, it’s often not just the driver who is at fault. The trucking company, the truck’s manufacturer, the cargo loaders, and other parties could all share liability. A lawyer will identify all potential sources of compensation.
• Accurately Valuing Your Claim: A truck accident can result in catastrophic injuries with lifelong consequences. An attorney will work with medical and financial experts to calculate the full value of your claim, including future medical expenses, lost earning capacity, and the immense pain and suffering you have endured.
• Fighting for You: Your lawyer will handle all communications and negotiations with the insurance companies, protecting you from their tactics and fighting for a full and fair settlement. If the insurance company refuses to be reasonable, your attorney will be prepared to take your case to trial and fight for you in court.

In short, a truck accident lawyer levels the playing field. They ensure that your rights are protected and that you have the best possible chance of receiving the compensation you need to rebuild your life.

A. Your first priority is safety. If you can, move to a safe location away from traffic. Call 911 immediately to report the accident and request medical assistance, even if you feel fine. Exchange information with the truck driver, including their name, contact information, insurance details, and the trucking company they work for. Document the scene by taking photos of the vehicles, the surrounding area, and any visible injuries. Get contact information from any witnesses. Finally, seek medical attention to get a thorough evaluation, as some serious injuries may not be immediately apparent.

A. Crucial evidence in a truck accident case includes the police report, photos and videos of the accident scene, witness statements, and your medical records. Unique to truck accidents, we also seek to preserve the truck’s “black box” data recorder, the driver’s logs, maintenance records for the truck, and the trucking company’s safety records. This evidence is vital for proving negligence and must be secured quickly before it is lost or destroyed.

A. In Wisconsin, you generally have three years from the date of the accident to file a personal injury lawsuit. However, it is crucial to act much sooner. Important evidence can disappear quickly, and the sooner your attorney can begin an investigation, the stronger your case will be. If you miss the three-year deadline, you will likely lose your right to seek any compensation.

A. The value of a truck accident claim depends on many factors, including the severity of your injuries, the amount of your medical bills and lost wages, and the impact on your quality of life. Compensation can cover economic damages (like medical expenses and lost income) and non-economic damages (like pain, suffering, and emotional distress). Because truck accidents often cause catastrophic injuries, the value of these claims is often significantly higher than a typical car accident case.

A. A truck’s “black box,” or Electronic Data Recorder (EDR), is a small device that records critical data about the truck’s operation in the moments before, during, and after a crash. This can include the truck’s speed, whether the brakes were applied, steering inputs, and cruise control usage. This data is objective, scientific evidence that can prove what the truck driver was doing and is often the key to winning a case. It is vital to have an attorney send a preservation letter immediately, as this data can be erased or recorded over.

A. Wisconsin follows a modified comparative negligence rule. This means you can still recover damages as long as you are not found to be more than 50% at fault for the accident. Your compensation will be reduced by your percentage of fault. For example, if you are found to be 10% at fault, your final award will be reduced by 10%. Trucking companies often try to shift blame to the victim, so it is vital to have an attorney who can fight to protect you from unfair allegations of fault.

A. Trucking companies and their insurers are aggressive in defending claims. Common tactics include immediately offering a lowball settlement before you know the full extent of your injuries, trying to get you to give a recorded statement to twist your words later, and unfairly blaming you for the accident. They may also try to hide or destroy evidence, which is why it’s so important to have a lawyer on your side from the very beginning.

A. It is highly recommended that you speak with an attorney before accepting any settlement offer. Initial offers from insurance companies are almost always far less than what you are entitled to, especially in a serious truck accident case. They are designed to make you go away quickly and cheaply. An experienced attorney can evaluate the true value of your claim and negotiate for a fair settlement that covers all of your past, present, and future needs.

A. Many truck accidents are caused by driver error, including fatigue (violating hours-of-service rules), distracted driving, speeding, and driving under the influence of alcohol or drugs. Other common causes include improper truck maintenance (like faulty brakes or tires), improper loading of cargo, and defective truck parts. A thorough investigation is needed to determine the specific cause of your accident.

A. At Fitzpatrick, Skemp & Butler, we handle all personal injury cases, including truck accidents, on a contingency fee basis. This means you pay us nothing upfront. We only get paid if we win your case, and our fee is a percentage of the compensation we recover for you. This allows everyone to have access to expert legal representation, regardless of their financial situation.