Wisconsin Car Accident Lawyers
Car accidents often cause challenges that go beyond unpaid medical bills and dented fenders. Victims often experience emotional distress and a complicated claims process they’re not familiar with.
To get compensation for a car accident injury, you need to prove the extent of your damages and that the other person was at fault. Gathering all the necessary documents and working with a skilled personal injury lawyer can greatly improve your chances of negotiating with insurance companies.
Claiming Compensation in a Wisconsin Car Accident
You’ll typically want to get started on a claim right away after an accident. These matters can take a long time. In Wisconsin, the statute of limitations in personal injury claims for a car accident injury is three years. Victims can sometimes wait months and months before seeing reimbursement and financial recovery.
To secure compensation, you must provide evidence of the damages suffered due to the accident including:
- Medical records
- Bills
- Proof of lost wages
- Documentation of property damage
- Demonstrating non-economic damages like pain and suffering, emotional distress, and loss of enjoyment of life
Navigating the car accident claims process requires effective communication with insurance companies. This involves filing claims, negotiating settlements, and sometimes disputing claim denials. If an agreeable settlement cannot be reached, it may be necessary to file a lawsuit.
Wisconsin Personal Injury Lawyers Who Can Maximize Your Claim
With no upfront costs, Pemberton Personal Injury Law Firm is dedicated to securing the maximum compensation available for car accident victims across Wisconsin. Let our team help you navigate the legal system to find the best option for obtaining compensation for your injury. We have experience navigating basic car accidents, complex truck accidents, and even Wisconsin rideshare accidents involving Lyft or Uber.
Proving fault in Wisconsin
Wisconsin is a fault state for car accidents. The at-fault driver can be held liable for the injured party’s medical expenses, lost earnings, property damages, and pain and suffering. This differs from no-fault states, where your auto insurance covers your injuries regardless of fault for the accident.
COMPARATIVE NEGLIGENCE RULE
Wisconsin’s comparative negligence rule is also referred to as the 51 percent rule. This means that if you are found to be responsible for 50% or less of an accident, you can try to recover damages. The extent to which you were responsible for the accident can also affect your claim. If you are partially at fault for a car accident in Wisconsin, your compensation can be reduced by your percentage of fault, provided it is less than 51%.
CAR ACCIDENT DOCUMENTATION
Official documentation of the accident, such as photos of the accident scene, vehicle damage, and injuries, helps establish facts and fault and can lend support to your claim. Similarly, consistent and credible statements from witnesses of the accident bolster your case.
Reporting the accident to the police and to the appropriate insurance provider is critical to ensuring a smooth claims process.
Proving Damages From a Car Accident
Damages from a car accident include more than just medical costs. Economic damages such as lost wages and property damage are also considered, along with non-economic damages such as pain and suffering, emotional distress, and loss of enjoyment in life.
DOCUMENTATION OF INJURIES
The severity of your injuries plays a significant role in the claim with more severe injuries typically resulting in higher compensation. Proof of injury through medical documentation is essential to proving fault in Wisconsin, including records of treatment, ongoing care, and prognosis. Injuries resulting in permanent disability or disfigurement can significantly impact the claim’s value.
Seeking immediate medical attention after the accident is crucial. Delays can be used against you to argue that the injuries were not severe or related to the accident. If the accident exacerbated pre-existing injuries or conditions, this can be factored into the claim, but requires clear medical evidence.
DOCUMENTING OTHER DAMAGES
Beyond documentation of the injury itself, it will be necessary to gather evidence for other types of damages to claim all compensation you are entitled to.
Economic damages include records of lost wages, repair or replacement costs for damaged property, and any out-of-pocket expenses directly related to the accident. Pay stubs, tax returns, and statements from employers can support claims for lost income. Receipts and estimates for vehicle repair or replacement also provide necessary proof of property damage.
Non-economic damages such as pain and suffering, emotional distress, and loss of enjoyment also require thorough documentation. Statements from loved ones and therapists can support claims for non-economic damages by providing insights into the accident’s effects on your life.
Dedicated Accident Injury Lawyers
Building the strongest case possible to prove fault and damages after a car accident is what we do. At Pemberton Personal Injury Law Firm, our dedicated team is here to guide you through every step to maximize your compensation. We’d be glad to support you in these challenging times.
Liability Insurance for Car Accidents in Wisconsin
You’ll find that liability is a complex matter when it comes to car accidents. Depending on the status of the at-fault party’s insurance coverage, you may need to seek compensation from different insurance providers at different times following the accident.
In personal injury claims after a car accident, liability insurance most commonly covers the cost of damages and injuries the insured driver causes to others. In most states, including Wisconsin, liability insurance is mandatory. If you’re caught driving without proof of insurance, you may be fined up to $500 and the state may suspend your driving privileges.
Wisconsin’s Safety Responsibility (SR) Law
In most cases, motorists in Wisconsin must legally provide proof of insurance or financial responsibility (SR22 Certificate) to the Wisconsin DMV, showing that they have liability insurance.
The coverage required by law is $25,000 per injured person and $50,000 per accident if the accident effected two or more people. This implies that if an accident occurs with three injured individuals, the liable person’s insurance will cover up to $50,000 in total.
However, any single person’s compensation will not exceed $25,000 under that liability coverage. Wisconsin’s SR Law encourages motorists to maintain liability coverage. It imposes driver licensing and vehicle registration sanctions on uninsured drivers who don’t pay for damages they cause in a motor vehicle accident.
What if the other driver doesn’t have insurance?
If the at-fault party does not have liability insurance, three forms must be submitted to hold the at-fault party responsible for the damages:
- Form MV3658 evaluation of motor vehicle damage
- Form MV3657 evaluation of property damage
- Form MV3656 evaluation of personal injury
After the DMV receives these forms, they have six months to review and process them before sending a Notice of Suspension to the at-fault motorist.
Unsure how to follow this process? Connect with our car accident attorneys for assistance.
OTHER FORMS OF INSURANCE
If the at-fault party is uninsured or underinsured, you may be able to seek compensation for both economic and non-economic damages from other forms of insurance that you may have. This includes umbrella insurance, underinsured motorist coverage, personal injury protection, and more.
Insurance pitfalls to avoid after a car accident
There are a number of common tactics that insurance companies will employ to try to minimize payouts and deprive you of compensation. Stay on the lookout to avoid putting yourself in a disadvantageous position as you pursue compensation.
QUICK OFFERS: Car insurance companies may quickly offer a settlement far below the claim’s value, hoping the injured party accepts before understanding their injuries or damages. They may pressure by highlighting quick resolution benefits and downplaying long-term consequences of a low offer..
RECORDED STATEMENTS: Adjusters often ask for recorded statements shortly after an accident. They might use these to find inconsistencies or statements to use against the claimant later. They may also ask questions that downplay the severity of injuries or imply the claimant was at fault.
DELAYING TACTICS: Insurance companies might delay processing the claim, hoping the injured party will become frustrated and accept a lower settlement out of desperation. They may repeatedly request additional documentation or medical records, causing further delays. In these situations, it is important to keep detailed records, follow up regularly, and respond promptly and completely.
LIABILITY DISPUTES: Insurance companies might dispute their policyholder’s liability, even when fault seems clear, to reduce their payout obligation. This could involve trying to shift some of the blame onto the injured party or arguing for reduced compensation based on comparative negligence laws. Alternatively, they might attempt to bar compensation entirely by proving their policyholder is less than 50% at fault.
MINIMIZING INJURY: Adjusters may attempt to downplay injuries, arguing that they are not as severe as claimed, using medical records selectively or hiring their own medical experts to provide opinions that support their stance. Alternatively, they might claim that the injuries were pre-existing and not caused by the accident, thus limiting the settlement amount.
SURVEILLANCE: Insurance companies occasionally use surveillance to identify activities that contradict injury claims. This evidence can suggest that injuries aren’t as severe as reported. Common surveillance includes recording claimants lifting heavy objects or doing strenuous activities. Investigators also monitor social media for posts that might contradict the claimed injuries.
Compassionate Car Accident Attorneys
At Pemberton Personal Injury Law Firm, we strive to bring our clients peace of mind. We will go above and beyond to protect your rights and fight to maximize your compensation payout. We understand the toll that an injury can have on the lives of the injured and their loved ones. You don’t have to go it alone.