Wisconsin Whiplash Attorney for Justice
Get Help From Our Wisconsin Whiplash Injury Attorney Today
At Fitzpatrick, Skemp & Butler, LLC, our Wisconsin auto accident attorney has extensive experience handling whiplash cases. With a proven record of success across a wide range of cases, our legal team has what it takes to hold large insurance companies accountable for paying claims. If you or your family member sustained whiplash in a motor vehicle collision, we are here to help. Contact us today for your free consultation with a top-tier Wisconsin whiplash lawyer.
What is Whiplash?
The Mayo Clinic defines whiplash as a neck injury resulting from rapid, forceful back-and-forth movement — much like the cracking of a whip. It is a form of soft tissue damage. While whiplash most commonly occurs in rear-end car accidents, a person could sustain this type of soft tissue injury in a wide range of different circumstances. The initial symptoms usually include neck pain and neck stiffness. A person may also endure headaches and even dizziness. Immediate medical attention is a must. The recovery from whiplash is far better when a person gets the proper care.
Whiplash injuries are not always obvious right away. Some people feel fine after a car accident and only notice symptoms hours or even days later. This is why it is so important to seek medical treatment as soon as possible after any crash. Delaying care can make your whiplash injury harder to treat and harder to prove in a personal injury claim.
Whiplash is a Serious Concern After a Car Crash
By far, motor vehicle collisions are the leading cause of whiplash in Wisconsin. Too often, a whiplash injury is overlooked in the immediate aftermath of the crash. The lack of proper medical care can cause a person to suffer from long-term, even debilitating pain. Here are some of the potential consequences that a person could have to deal with if they suffer whiplash in a car crash:
- Neck Pain and Neck Stiffness: The most immediate symptoms that a person will typically notice are neck pain and neck stiffness. Turning your head might become difficult. Whiplash could affect your ability to do everyday tasks, such as driving or working at a computer.
- Headaches: These headaches will often start at the base of the skull. They can be persistent and debilitating. Whiplash-induced headaches caused by the tension in the neck muscles pulling on the nerves and tissues of the head.
- Dizziness and Balance Issues: Whiplash can affect your inner ear—thereby causing a sense of spinning and/or loss of balance. It can be dangerous.
- Fatigue: After a whiplash injury, you might feel unusually tired. The reason is the body’s response to injury and the stress it causes and/or from poor sleep due to pain.
- Risk of Untreated Head Injury: In some cases, whiplash can be accompanied by a head injury that goes unnoticed initially. Symptoms like confusion, memory problems, or changes in behavior might emerge later. An untreated concussion is a serious medical concern.
In serious cases, whiplash can lead to spinal cord injuries or long-term damage to the soft tissues of the neck. Doctors may order CT scans or MRIs to check for damage that is not visible on a standard X-ray. If you are showing symptoms of whiplash after an auto accident, do not wait. Get checked out by a doctor right away.
Common Causes of Whiplash in Wisconsin
Car accidents are the most common cause of whiplash, but they are not the only one. People injured in other types of accidents can also suffer serious neck injuries. Fall accidents, sports collisions, and other sudden impacts can all cause the same rapid head movement that leads to whiplash. A property owner who fails to exercise reasonable care to keep their space safe could be held responsible if someone suffers a neck injury on their property.
Auto accidents — including rear-end crashes, side-impact collisions, and rollovers — make up the vast majority of whiplash cases we handle. No matter how your injury happened, if it was caused by someone else’s negligence, you have the right to seek compensation. Our personal injury attorneys in Eau Claire and across Wisconsin are ready to review your case.
Symptoms of Whiplash to Watch For
Knowing the symptoms of whiplash can help you get the right care faster. Some symptoms show up right away, while others develop over time. The most common symptoms of whiplash include:
- Neck pain and stiffness
- Headaches, especially at the base of the skull
- Dizziness or trouble with balance
- Blurred vision
- Ringing in the ears
- Fatigue and difficulty sleeping
- Memory problems or trouble concentrating
- Irritability or mood changes
- Pain or numbness in the arms or hands
- Reduced range of motion in the neck
If you notice any of these symptoms after a car accident or other injury, see a doctor immediately. Early diagnosis leads to a better chance of a successful recovery. It also makes it easier to connect your whiplash symptoms to the accident, which matters a great deal in a personal injury claim.
Who is Liable for a Whiplash Injury in Wisconsin?
You will need to prove fault to hold another party liable for your whiplash injury. In Wisconsin, determining liability for a whiplash injury sustained in an accident hinges primarily on the concept of negligence. The party whose carelessness or recklessness led to the accident can typically be held responsible for the resulting damages. As noted previously, most whiplash injuries in Wisconsin happen in motor vehicle collisions. A negligent driver, trucking company, or other party may be legally responsible for a person’s whiplash.
Wisconsin law also recognizes that multiple parties can share fault. Wisconsin follows a “modified comparative negligence” rule (Wis. Stat. § 895.045(1)). If you are less than 51 percent at fault for the accident, you can still recover damages. However, your compensation will be reduced proportionately to your degree of fault. What happens if you are 20 percent at fault for your own whiplash? You would be responsible for 20 percent of your damages.
In cases involving wrongful death, the family of the injured person may be able to seek compensation as well. If a loved one died because of someone else’s negligence in a car accident, Wisconsin law allows surviving family members to file a claim. Our personal injury lawyers can walk you through your legal rights in these difficult situations.
Recovering Compensation for Whiplash After a Serious Accident
Whiplash can be painful, even debilitating injury. In Wisconsin, an injured victim who sustained a whiplash injury has the right to pursue compensation for their out-of-pocket losses and their intangible damages. However, sadly, the large insurance companies can make the claims process hard on ordinary people. Our Wisconsin personal injury lawyers fight hard to help victims secure the maximum compensation for whiplash. You may be entitled to recover money damages for:
- Property damage (vehicle repairs);
- Emergency medical treatment;
- Hospital bills and other medical costs;
- Loss of wages and loss of earning potential;
- Pain and suffering; and
- Long-term physical impairment.
Medical bills can pile up fast after a serious injury. From emergency room visits to ongoing physical therapy, the costs of treating whiplash can be steep. Our goal is to make sure every medical expense, including future medical expenses for ongoing care, is accounted for in your claim.
Lost wages are another major part of many whiplash cases. If your injuries kept you out of work, or if they will affect your ability to earn a living going forward, those losses deserve compensation too. We work hard to demand compensation for every dollar our clients have lost because of someone else’s careless actions.
How a Personal Injury Attorney Can Help With Your Whiplash Case
Going through a personal injury claim after a car accident is not easy. Insurance companies have experienced adjusters and lawyers working to protect their bottom line. You deserve a personal injury attorney who will fight just as hard on your behalf. An experienced personal injury attorney will:
- Review your accident and medical records
- Help you gather evidence to support your insurance claim
- Interview witnesses who saw what happened
- Work with medical experts to document your whiplash injuries
- Handle all communication with the insurance companies
- Push for a fair settlement or take your case to trial if needed
Personal injury lawsuits can be complex, especially when an insurance company disputes the severity of your injury. Whiplash is a soft tissue injury that cannot always be seen on an X-ray, which means insurers sometimes try to downplay it or deny the claim entirely. Our law firm knows how to counter those tactics and fight for full compensation on your behalf.
If you were injured because of someone else’s negligence, do not try to handle it alone. The personal injury law in Wisconsin has specific rules and deadlines that affect your case. Our injury lawyers are here to protect your well-being and your legal rights every step of the way.
The Personal Injury Statute of Limitations is Typically Three Years
Under Wisconsin state law (Wis. Stat. § 893.54), there is typically a three-year statute of limitations for personal injury claims. That deadline applies to the full range of cases, including whiplash claims. Do not fall behind an insurance company. Consult with a Wisconsin whiplash attorney right away after a serious accident.
Missing this deadline almost always means losing your right to seek compensation, no matter how strong your case is. This is one of the biggest reasons to speak with a personal injury attorney as soon as possible after an accident. Time matters, and getting started early gives your legal team the best chance to gather evidence and build the strongest possible case for you.
Whiplash? Trust the Wisconsin Whiplash Injury Lawyers at Fitzpatrick, Skemp & Butler
Personal injury claims are complicated—especially when dealing with a more difficult-to-establish ailment, such as whiplash. At Fitzpatrick, Skemp & Butler, LLC, we are proactive and results-driven. Along with other things, our Wisconsin whiplash injury attorneys are ready to:
- Hear your story and answer questions about your legal case;
- Investigate the accident, gathering the evidence to establish fault;
- Gather and organize medical records to prove your whiplash injury;
- Handle the paperwork and any negotiations with insurance companies; and
- Develop a strategy focused on recovering the maximum compensation for your whiplash.
Our law firm handles all personal injury cases on a contingency fee basis. There are no upfront costs or hourly bills for our clients. We only get paid when you get paid. With a history of successful verdicts and settlements, you can rely on our Wisconsin whiplash lawyers for personalized support.
We proudly serve injured clients from our law offices in Onalaska, La Crosse, and Eau Claire. No matter where in Wisconsin your accident happened, our experienced personal injury attorneys are ready to help you seek the whiplash compensation you deserve.
Frequently Asked Questions About Whiplash Injury Claims in Wisconsin
How long does it take to recover from whiplash?
Recovery time for whiplash varies from person to person. Mild cases may clear up in a few weeks with rest and physical therapy. More serious injuries involving damage to the spinal cord, nerve roots, or deep soft tissues can take months or even years to heal. Some people experience long-term or permanent symptoms. This is why it is important to track all of your symptoms and medical treatment from the start. The full picture of your recovery plays a big role in what your personal injury claim is worth.
How much is a whiplash case worth in Wisconsin?
There is no single answer to this question. Several factors affect the value of a whiplash injury case, including the severity of your symptoms, how long your recovery takes, how much you paid in medical bills, whether you missed work, and the degree of pain and suffering you experienced. Cases involving serious injuries, spinal cord injuries, or wrongful death typically result in higher compensation. Our clients often ask about the highest settlement possible for their situation, and our job is to pursue full compensation based on the facts of your case.
Do I need a lawyer for a whiplash claim?
You do not have to hire a lawyer, but it is strongly recommended. Insurance companies often offer low settlements to people who are not represented by a personal injury attorney. Without legal help, you may not know what your claim is really worth, or you may accidentally say something that hurts your case. Our Eau Claire and Wisconsin injury lawyers work on a contingency fee basis, which means you pay nothing unless we win for you.
What should I do immediately after a car accident that caused whiplash?
Here are some steps to take after a car accident if you believe you may have suffered whiplash:
- Call 911 and report the accident
- Seek medical treatment right away, even if you feel okay
- Document the accident scene with photos if it is safe to do so
- Get the contact and insurance information of all drivers involved
- Get the names and contact info of any witnesses
- Do not admit fault or apologize at the scene
- Contact a personal injury attorney before speaking with any insurance company
Following these steps helps protect both your health and your legal rights. The sooner you act, the better your chances of a fair settlement.
Can whiplash lead to other neck injuries?
Yes. While whiplash is itself a neck injury, the force involved in an accident can also cause other neck injury types at the same time. Herniated discs, pinched nerves, and even fractures can occur alongside whiplash. These other forms of neck injury can make recovery longer and more complicated. In some cases, damage to the spinal cord is also possible. This is why a full medical evaluation, including CT scans or MRIs when needed, is so important after any serious car accident.
Contact Our Wisconsin Whiplash Injury Lawyers for a Free Case Review
At Fitzpatrick, Skemp & Butler, LLC, our Wisconsin whiplash lawyers have the professional expertise that you can trust when it matters most. If you suffered a serious whiplash injury in an accident, we are more than ready to help. Get in touch with us by phone at 608-784-4370 or contact us online to set up your no-cost, no strings attached case evaluation. From our law offices in Onalaska, La Crosse, and Eau Claire, we help injured victims with whiplash injury cases throughout Wisconsin.
Do not wait to get the legal help you need. The sooner you reach out for a free consult, the sooner we can start protecting your rights and building your case. Our personal injury law team is ready to fight for you.