Wisconsin Car Accident Attorney
Handling Car Accident Claims Across Wisconsin
Serious car accidents and car crashes leave victims with many questions and painful injuries. It is important 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 major 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 that affect their lives. It underscores the importance of understanding victims’ rights to compensation and the need for legal representation when going through 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-on, 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.
Car wreck investigations often rely on accident reconstructionists. They use electronic data, physical debris, and witness statements to piece together what happened. This makes 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 important. We can carefully review all the facts to piece together what happened and hold the at-fault party accountable.
Wisconsin recognizes that both drivers in a crash could be negligent, so our state’s comparative fault law can come into play. If you were injured in a car accident partly due to someone else’s negligence, you may still be able to recover compensation. Your total payout will be reduced based on your share of fault, as long as you are not more than 50 percent responsible.
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. This is insurance you can use if you are hurt, or hit in a hit-and-run, by an uninsured driver who does not have automobile insurance.
Going through the claims process often means dealing with the driver’s insurance company. Insurers typically look out for their own interests, not yours. Insurance adjusters are trained to reduce or deny payouts. That is why having a Wisconsin car accident lawyer on your side matters so much.
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 car crash:
- Underinsured motorist coverage (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 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 your auto insurance policy is an important part of knowing what you can recover after a traffic accident.
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 important to pursue compensation for all damages after a car accident, including medical expenses, lost wages, and emotional suffering, to make sure you are fully supported during your recovery. Many people do not realize the true value of their claim until they sit down with a personal injury attorney.
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. In some cases, punitive damages may also be available when the other party acted with extreme recklessness.
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 should be held liable for what they put the victim through.
Wisconsin Car Accident Law
Wisconsin car accident law is designed to protect the rights of individuals involved in motor vehicle accidents. The law requires 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.
Wisconsin is an at-fault state for car accidents. This means that the driver who caused the crash is financially responsible for the resulting injuries and damages. This is different from no-fault states, where each driver files a claim with their own insurer regardless of who caused the accident. Because Wisconsin places blame on the driver at fault, building a strong case with solid evidence matters a great deal.
Understanding the rules of Wisconsin car accident law is important for anyone involved in a vehicle accident. Legal representation can make a significant difference, especially when dealing with insurance companies that may prioritize their own interests over a reasonable offer to the injured victim. An experienced car accident lawyer can help you understand your rights, the extent of liability coverage, and the best way 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.
Most car accident claims involve negotiations with one or more insurance companies before a case ever reaches a courtroom. 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 to make sure all aspects of the victim’s losses are accounted for and that they receive fair compensation. Car accident lawsuits become necessary when insurance companies refuse to offer a fair settlement or deny a legitimate claim.
By thoroughly understanding the specifics of each case, the attorney can effectively advocate for the victim’s rights and secure the financial support they need for recovery. Injured victims deserve someone who will fight to reveal the full extent of their damages, not just what the insurance company is willing to admit.
Why Hire a Personal Injury Lawyer
Hiring a personal injury attorney is important when dealing with a car accident claim. They can evaluate the value of personal injury claims and guide clients through the claims process. An experienced car accident attorney can help you understand your rights and options, and make sure that you receive the maximum compensation possible. A personal injury lawyer can also help you go through the legal process, including dealing with insurance companies and negotiating settlements.
Insurance adjusters work for the insurance company, not for you. They are trained to look for reasons to reduce or deny your claim. A personal injury law firm that handles car accident cases knows the tactics insurers use and how to counter them. 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.
Document everything after an auto collision. Keep records of medical bills, pay stubs showing lost wages, and any other expenses connected to the crash. This paperwork helps your attorney build a stronger case and increases the chances of a favorable outcome. Your personal injury attorney will use this information to show the full extent of what you have lost.
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 important to seek medical attention right away.
Serious injuries may not always show symptoms immediately after a car wreck. Some injuries, like internal bleeding or traumatic brain injuries, can take days to appear. This is why it is so important to see a doctor even if you feel fine at the accident scene. A car accident attorney can also help you understand your options for seeking compensation for your injuries, including medical expenses, lost wages, and physical pain suffered due to another party’s negligence.
If a family member was killed in a serious car accident caused by someone else’s negligence, you may have grounds for a wrongful death claim. Wisconsin law allows surviving family members to pursue wrongful death lawsuits when another person’s reckless behavior caused the loss of a loved one. These claims can cover funeral costs, lost income, and the emotional suffering of those left behind. Speak with a Wisconsin car accident attorney as soon as possible to learn about your options.
Determining Liability
Determining liability is a key 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. In some auto collisions, there may be several liable parties, such as a negligent driver, a vehicle manufacturer, or even a government agency responsible for road conditions.
A car accident attorney can help you determine liability and make sure that the responsible party is held accountable. This may involve investigating the accident scene, reviewing police reports, and interviewing witnesses. Insurance adjusters may try to shift blame onto you to reduce the payout, which is another reason why having legal help matters. By determining liability, you can make sure 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 make sure that you receive the fair compensation you deserve, even if the other driver is uninsured or underinsured. A Wisconsin car accident claim involving an uninsured driver requires a different strategy than a standard claim, and an experienced attorney knows how to handle these situations. 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.
After a car wreck, it is important to seek medical attention right away, even if your injuries seem minor. Skipping this step can hurt your claim later. Insurance adjusters often argue that because you did not go to the hospital immediately, your injuries must not be serious. Filing a legal claim is important for seeking financial recovery after a fatal car accident. Wrongful death lawsuits and survival actions are important legal options for families who lose a loved one in a motor vehicle accident.
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 helps protect your rights and supports the pursuit of justice, especially in emotionally challenging situations following an accident.
Court Representation
Court representation is an important aspect of car accident cases, as it can determine the outcome. 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. Most car accident claims settle before trial, but having a law firm that is ready and willing to go to court puts pressure on the insurance company to make a reasonable offer. The attorney will prepare the case, present compelling evidence, and advocate for the client’s rights to make sure they receive the compensation they deserve. This level of professional legal representation is important for achieving a favorable outcome and securing the financial support the victim needs for recovery.
Car accident lawsuits can be filed when negotiations break down or when insurance adjusters refuse to pay the true value of a claim. In these situations, having an experienced personal injury attorney who is familiar with Wisconsin car accident law can make all the difference. Our personal injury law firm has a track record of standing up to insurance companies and fighting for injured victims.
FAQs: Car Accidents in Wisconsin
What should I do immediately after a car accident in Wisconsin?
After a car accident in Wisconsin, safety comes first. Move to a safe location if possible and call 911 to report the crash, especially if there are injuries or significant property damage. Wisconsin law requires reporting accidents that result in injury, death, or more than $1,000 in property damage. Exchange information with the other driver, including insurance details, and take photos of the scene. Seek medical attention right away, even if injuries seem minor, and avoid making statements that could be interpreted as admitting fault.
Is Wisconsin a fault or no-fault state for car accidents?
Wisconsin is a fault-based, or at-fault state, for car accidents. This means the driver who caused the accident is financially responsible for the resulting injuries and damages. An injured person may file a claim with the at-fault driver’s insurance, use their own insurance coverage, or pursue a personal injury lawsuit. Because fault plays a key role, evidence such as police reports, witness statements, and medical records is often necessary to determine liability.
How does Wisconsin’s comparative negligence law affect my claim?
Wisconsin follows a modified comparative negligence rule. You may recover damages as long as you are not more than 50 percent at fault for the accident. However, your total compensation will be reduced by your percentage of fault. For example, if you are found 20 percent responsible, your recovery is reduced by 20 percent. If you are 51 percent or more at fault, you cannot recover compensation, making fault determination very important.
How long do I have to file a car accident claim in Wisconsin?
In Wisconsin, the statute of limitations for most car accident injury claims is three years from the date of the accident. Claims involving property damage typically must be filed within six years. If a claim is not filed within the applicable deadline, you may lose the right to pursue compensation entirely. Because deadlines can vary based on the facts of the case, early evaluation is important.
What types of compensation are available after a Wisconsin car accident?
Injured victims of Wisconsin car accidents may be entitled to compensation for medical expenses, lost wages, reduced earning capacity, pain and suffering, and property damage. In more serious cases, compensation may also include future medical care and long-term disability impacts. The value of a claim depends on factors such as injury severity, fault allocation, and available insurance coverage. Punitive damages may also be awarded in cases involving especially reckless behavior.
How do I know if I have a strong personal injury case after a car crash?
The strength of a personal injury case depends on several factors. These include who caused the accident, the extent of injuries, the amount of medical bills, and whether there is clear evidence of someone else’s negligence. If you were injured in a car wreck that someone else caused, you likely have grounds to file a claim. The best way to know for sure is to schedule a free case evaluation with a Wisconsin car accident attorney. Our attorneys can review the details of your situation and help you understand what your claim may be worth.
What if the other driver was not insured?
If you were injured in a car accident caused by an uninsured driver, you still have options. Your own uninsured motorist coverage may help you recover compensation for medical bills, lost wages, and other damages. In some situations, it may also be possible to file a personal injury lawsuit directly against the at-fault driver. A Wisconsin car accident lawyer can walk you through these options and help you figure out the best path forward. Do not assume that an uninsured driver means you are out of luck.
Should I accept the first settlement offer from the insurance company?
No. In most car accident claims, the first offer from an insurance company is not the best one. Insurance adjusters are trained to settle cases for as little as possible. Accepting a quick settlement may leave you without enough money to cover future medical care, lost income, or other long-term costs. Before accepting any offer, speak with a personal injury attorney who can evaluate the true value of your claim and make sure you are not leaving money on the table.
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.