Wisconsin Car Accident Attorney
| Car Accident Lawyers

Handling Car Accident Claims Across Wisconsin

Serious car accidents and car crashes leave victims with many questions and painful injuries. It is crucial to hold the responsible party accountable to ensure justice and enhance safety measures to prevent future incidents. Unfortunately, there is a lot of inaccurate information online about your rights to compensation following a car accident. Car accident attorneys play a vital role in advocating for clients’ rights and securing compensation. You might wrongly assume that you have an unlimited amount of time to pursue a lawsuit, or you might think you can negotiate a settlement by following a few simple tips. Handling a car accident case involves complexities, particularly in relation to insurance negotiations and securing appropriate compensation. Call Fitzpatrick, Skemp & Butler, LLC. Our Wisconsin car accident lawyers can go into detail about your rights following a car accident, in a free consultation.

Wisconsin Auto Accident Statistics

According to Wisconsin State Patrol, our state saw the following accidents in 2020:

• 540 fatal car accidents, killing 593 people.
• 23,747 injury accidents, which injured 32,373 people and seriously injured 3,186.
• 90,410 property damage collisions
• 115,694 total accidents

State Patrol has also published statistics on the following causes of accidents:

• 6,050 alcohol-related accidents, injuring 3,120 people.
• 2,250 drug-related crashes, injuring 1,412 people.
• 19,681 speed-related accidents, injuring 8,056 people.

These statistics highlight the severe impact on car accident victims, many of whom suffer serious injuries. Many car accident victims face long-term challenges and severe injuries that significantly affect their lives. It underscores the importance of understanding victims’ rights to compensation and the necessity of legal representation to navigate the complexities of accident claims.

Types of Auto Accidents in Wisconsin

Car accidents are some of the most common accidents in the Badger State and can happen anywhere. When involved in a serious car accident, individuals often face significant legal and emotional challenges, especially when filing a personal injury claim. The extent of injuries sustained in a serious car accident can have a long-term impact on victims’ lives, making it crucial to seek legal support.

Some of the most common crashes include:

• Rear-end collisions. A car slams into the car in front of it. Rear-end collisions are common at intersections or wherever one driver is tailgating the other.
• Head-on collisions. When two cars collide head-first, the results are often tragic. These should be rare accidents, but we see them most often because one car is passing illegally or the driver drifts over the center line and hits an oncoming vehicle.
• Side-impact crashes. These collisions happen commonly at intersections. One car slams into the side of another. These are also called T-bones.
• Sideswipe accidents. Two cars traveling parallel to each other can collide, often when one is attempting to merge onto the highway and there is not enough room.
• Rollovers. A car can flip onto its side or hood when something triggers it. Common triggers include gravel or potholes.
• Single-vehicle accidents. One car can flip or get forced off the road without being struck by another car. Many single-vehicle accidents are caused by another driver who flees the scene.

Accident reconstructionists play a crucial role in investigating these types of accidents. They utilize various forms of evidence, including electronic data, physical debris, and witness statements, to clarify the circumstances surrounding a crash, making it easier for insurance companies or judges to understand the factors that contributed to the accident.

What is Negligence?

Most car accidents are caused by negligent drivers. These are people who do not follow the rules of the road and are careless. We see many common examples of negligence:

• Failure to use mirrors
• Failure to yield
• Tailgating
• Eating and driving
• Texting and driving
• Drunk driving
• Speeding
• Driving too fast for conditions
• Impaired driving

Often, there is a dispute about who is to blame for the collision. Hiring an experienced attorney to represent you is critical. We can carefully review all the facts to piece together what happened and hold the responsible party accountable.

Wisconsin recognizes that both drivers in a crash could be negligent, so our state’s comparative fault law can come into play.

Required Car Insurance in Wisconsin

Most settlements are paid by insurance policies. Wisconsin law requires that drivers carry minimum insurance when registering a vehicle:

• Property damage liability: $10,000. This covers damage to another person’s car when you are responsible for the crash.
• Bodily injury liability: $25,000 per person, up to $50,000 when two or more people are injured or killed. This liability coverage pays for medical care, lost income, and other losses when you cause an accident.
• Uninsured motorist (UM) coverage: $25,000 per injured person, up to $50,000 when two or more people are injured or killed. Uninsured motorist coverage, is called UM, is insurance you can use if you are hurt, or hit in a hit-and-run, by a driver who does not have automobile insurance.

Navigating the claims process often involves communicating with the driver’s insurance company to secure fair settlements, as insurers typically prioritize their own interests over fair compensation for victims.

This required insurance is liability coverage. That means if you are struck by a vehicle driven by someone else, you can make a claim on that driver’s policy. You cannot make a claim on your own liability coverage.

Optional Car Insurance

You might also purchase certain optional car insurance, which could help you in the event of a crash:

• Underinsured motorist coverage (UIM). Underinsured motorist coverage, is called UIM, This is like UM coverage. However, you use it when you have expenses that exceed the at-fault driver’s insurance coverage. For example, the driver who struck you might only have the minimum insurance, $25,000. But your losses total $50,000. So, you have $25,000 that is uncompensated, which your UIM insurance can cover.
• Medical payments coverage. You can use this insurance to pay for significant medical bills to treat accident injuries. Insurers must offer medical payments coverage, although you can reject it. This is no-fault insurance, which means you can use it even if you are at fault.
• Collision coverage. This insurance will pay for car damage, regardless of fault. Many car lenders require collision coverage, so you likely have collision coverage if you have a car loan.

These optional insurance policies can help cover the costs of an accident. As your attorney, we always review all applicable insurance policies, then help our clients maximize their compensation. Understanding future medical care is crucial for comprehending the full extent of a claim after an accident, as it addresses the potential long-term impacts of injuries on medical treatment and costs.

Many car accident attorneys work on a contingent fee basis, where clients do not have to pay upfront but rather compensate the attorney with a percentage of the settlement if the case is successful.

Receiving Compensation for a Car Accident

Car accidents are expensive and can cost you and your family in many ways. According to a study published in Forbes, the average bodily injury claim was $24,000. The average property damage claim was $5,000. Our legal team is dedicated to securing full and fair compensation for all your losses. It is important to understand how much compensation you can claim after a car accident, which includes both economic and non-economic damages.

It is crucial to pursue compensation for all damages incurred, including medical expenses, lost income, and emotional suffering, to ensure you are fully supported during your recovery.

Our legal team will seek full compensation for economic losses like:

• Ambulance transportation
• Diagnostic tests
• Prescription drugs
• Doctor’s appointments
• Specialist visits
• Surgery
• Hospital overnights
• Physical therapy
• Behavioral therapy
• Occupational therapy
• Future medical expenses

Other economic losses include past and future lost income. Many car accident injuries prevent people from working during their recovery. We can also seek compensation to fix your damaged car or, if it is totaled, replace it.

Our firm also negotiates compensation for non economic damages, which includes emotional distress, depression, physical pain, anxiety, post-traumatic stress disorder, and the loss of enjoyment of life. Car accidents can truly turn someone’s life upside down, and the at-fault driver compensates the victim.

Wisconsin Car Accident Law

Wisconsin car accident law is designed to protect the rights of individuals involved in motor vehicle accidents. The law mandates that drivers carry minimum amounts of liability coverage, which includes bodily injury liability and property damage liability. In the event of a car accident, the at-fault driver’s insurance company is responsible for covering the damages. However, if the at-fault driver is uninsured or underinsured, the victim may need to pursue compensation through other means. This could involve filing a claim with their own insurance company or seeking legal representation from a Wisconsin car accident lawyer to ensure they receive the compensation they deserve.

Understanding the intricacies of Wisconsin car accident law is crucial for anyone involved in a vehicle accident. Legal representation can make a significant difference in navigating these complexities, especially when dealing with insurance companies that may prioritize their own interests over fair compensation for victims. An experienced car accident lawyer can help you understand your rights, the extent of liability coverage, and the best course of action to pursue compensation for your injuries and damages.

Car Accident Cases

Car accident cases can be complex and require the expertise of an experienced car accident attorney. These professionals are skilled in investigating the accident, gathering evidence, and building a strong case to prove liability and seek fair compensation for the victim’s injuries and damages. Common car accident cases include rear-end collisions, head-on collisions, side-impact collisions, and pedestrian accidents. Each type of accident presents unique challenges and requires a tailored approach to ensure the best possible outcome.

In Wisconsin, car accident victims may be entitled to compensation for various damages, including medical expenses, lost wages, pain and suffering, and other related costs. An experienced car accident attorney will work diligently to ensure that all aspects of the victim’s losses are accounted for and that they receive the fair compensation they deserve. By thoroughly understanding the specifics of each case, the attorney can effectively advocate for the victim’s rights and secure the necessary financial support for their recovery.

Why Hire a Personal Injury Lawyer

Hiring a personal injury attorney is crucial when dealing with a car accident claim, as they can evaluate the value of personal injury cases and guide clients through the claims process. An experienced car accident attorney can help you understand your rights and options, and ensure that you receive the maximum compensation possible. A personal injury lawyer can also help you navigate the complex legal process, including dealing with insurance companies and negotiating settlements. Additionally, a car accident lawyer can provide you with the emotional support and guidance you need during a difficult time. By hiring a personal injury lawyer, you can focus on your recovery while your attorney handles the complexities of your car accident claim. Many car accident lawyers offer a free case evaluation, encouraging potential clients to reach out without any financial commitment.

Common Car Accident Injuries

Car accidents can result in a wide range of injuries, from minor to severe. Some common car accident injuries include whiplash, broken bones, head trauma, and spinal cord injuries. In some cases, car accidents can also result in chronic pain, mental trauma, and emotional distress. If you have suffered injuries in a car accident, it is essential to seek medical attention immediately. A car accident attorney can also help you understand your options for seeking compensation for your injuries sustained, including medical expenses, lost wages, and pain and suffering incurred due to another party’s negligence.

Determining Liability

Determining liability is a critical step in the car accident claims process. In Wisconsin, the at-fault driver is typically responsible for the damages and injuries caused by the accident. However, determining liability can be complex, especially in cases where multiple parties are involved. A car accident attorney can help you determine liability and ensure that the responsible party is held accountable. This may involve investigating the accident scene, reviewing police reports, and interviewing witnesses. Consulting experienced lawyers can assist victims in navigating complex situations, such as multiple liable parties and claims against insurance providers. By determining liability, you can ensure that you receive the fair compensation you deserve for your injuries and losses.

Legal Representation

Legal representation is crucial in car accident cases, as it can significantly impact the outcome of the case. An experienced car accident lawyer can provide guidance and support throughout the legal process, from filing a claim to negotiating with insurance companies and representing the client in court. The lawyer will work to ensure that the client receives full and fair compensation for their injuries and damages.

In Wisconsin, car accident victims can seek legal representation from a reputable law firm that specializes in personal injury law. These firms have the expertise and resources to handle complex car accident cases and are dedicated to protecting the rights of their clients. By having a knowledgeable attorney on your side, you can focus on your recovery while your legal team handles the intricacies of your car accident claim. This includes dealing with insurance companies, gathering evidence, and ensuring that all legal procedures are followed correctly.

Uninsured or Underinsured Motorists

Unfortunately, not all drivers in Wisconsin carry adequate insurance coverage. If you are involved in a car accident with an uninsured or underinsured motorist, you may still be able to seek compensation for your injuries and losses. In Wisconsin, uninsured motorist coverage can provide benefits to you in the event of an accident caused by an uninsured driver. A car accident attorney can help you understand your options for seeking compensation, including filing a claim with your own insurance company or pursuing a personal injury lawsuit against the at-fault driver. By seeking the guidance of a personal injury lawyer, you can ensure that you receive the fair compensation you deserve, even if the other driver is uninsured or underinsured. Additionally, a car accident attorney can negotiate with the other driver’s insurance company to secure a fair settlement, protecting your rights during the legal proceedings.

What to Do at the Accident Scene

You should call the police to report the accident and obtain a police report. A police officer can create an accident report, which will prove helpful when it comes time to negotiate a settlement with the at-fault driver and their insurance company. The officer can also collect evidence, gather insurance and license information, and talk to witnesses.

Filing a legal claim is crucial for seeking financial recovery after a fatal car accident. Survival actions and wrongful death claims are important legal avenues for the bereaved to pursue compensation, helping to alleviate the financial and emotional burdens following the unexpected loss of a loved one.

5 Mistakes to Avoid after a Wisconsin Car Crash

With over 100 years of collective experience, our Wisconsin auto accident lawyers advise their clients to avoid these errors that cost them compensation.

• Do not flee the scene. It is against the law to leave after an accident, and you could face prosecution.
• Don’t admit fault for the accident. Ask them if they need an ambulance. Avoid apologizing for the crash.
• Do not fail to report the accident to your insurer. Call them soon after the crash and provide them with basic information about the accident. However, do not give any recorded statement about what happened.
• Do not self-diagnose or self-medicate your injuries. Instead, go to the hospital immediately to have a doctor identify your injuries, and remember to follow the doctor’s treatment plan.
• Do not negotiate a settlement on your own. Insurance companies like nothing better than to see someone without a lawyer.
• Do not delay contacting an experienced car accident lawyer! Contacting injury lawyers often ensures your case will settle for the maximum value.

Having professional legal representation is crucial to protect your rights and facilitate the pursuit of justice, especially in emotionally challenging situations following an accident.

Court Representation

Court representation is an essential aspect of car accident cases, as it can determine the outcome of the case. An experienced car accident attorney will represent the client in court, presenting evidence and arguing the case to seek fair compensation. The attorney will work to prove liability and demonstrate the extent of the client’s injuries and damages.

In Wisconsin, car accident cases may be heard in civil court, where a judge or jury will determine the outcome of the case. Having a skilled attorney to represent you in court can make a significant difference in the final verdict. The attorney will meticulously prepare the case, present compelling evidence, and advocate for the client’s rights to ensure they receive the compensation they deserve. This level of professional legal representation is crucial for achieving a favorable outcome and securing the necessary financial support for the victim’s recovery.

Call Our Wisconsin Car Accident Attorney Today

Fitzpatrick, Skemp & Butler, LLC has negotiated with every large insurance company in Wisconsin. We are not afraid to speak up on your behalf.  Call our law firm to speak with an attorney about your car accident. We never charge a fee unless we win your case, so there is no risk of reaching out to our experienced legal team.