The personal injury claims process is full of confusing steps, all while you or a loved one suffers from the fallout of an accident. The physical pain and worries about the future can leave you overwhelmed, making even simple tasks seem challenging. The complex legal system with all its different processes and terminologies doesn’t help the situation.

To help you navigate through this unfamiliar territory, we have created a thorough guide of terms and their definitions. You’ll often see these terms in Wisconsin personal injury cases.

Guide or no guide, a Wisconsin personal injury attorney can walk you through complex terminology involved in personal injury cases. Injury victims should seek legal help as soon as possible to get a case rolling.

Wisconsin Legal Terms

Defendant’s Answer: In Wisconsin legal context, a defendant’s answer is a written response filed by a defendant in a civil lawsuit. The defendant and their attorney file this response after they’re served with a summons and complaint. This common word also has a specific legal definition. In a personal injury case, an answer is a legal document that is filed by a defendant (someone who is sued) in a lawsuit. It corresponds, paragraph by paragraph, to the allegations of a complaint.

Defendants must file their answer within a specific time frame. In a personal injury case, defendants must file within 45 days of receiving the summons. If the defendant fails to file an answer within the specified time frame, the plaintiff may seek a default judgment against the defendant.

In addition to responding to the allegations, a defendant’s answer often raises legal defenses, like comparative fault or statute of limitations. The answer typically includes admissions or denials of each of the allegations made by the plaintiff in the complaint. It can also include any affirmative defenses that the defendant may have. The defendant’s answer is important in a civil lawsuit because it sets forth the defendant’s position and defenses to the claims. The answer may also include counterclaims or cross-claims against other parties.

Appeal: An appeal is a legal process in which a higher court reviews a decision made by a lower court or administrative agency. The appellant, who lost the case, requests the higher court to review the decision, alleging that an error of law was made that affected the outcome of the case. The purpose of an appeal is to correct errors made by lower courts or agencies, ensuring justice is served and legal proceedings are conducted fairly. The Court of Appeals will either affirm what the circuit court has done, reverse what the circuit court has done, or send it back to the lower court for further proceedings.

Arbitration: Arbitration is a legal process where a neutral third party (an “arbitrator”) resolves a dispute between the injured party and the defendant. It offers an alternative to a personal injury trial, where a judge or a jury makes the final decision. Arbitration is typically faster and less expensive than litigation. It also gives the parties more control over the outcome of the case. Personal injury cases benefit from arbitration in a few ways. Parties arbitrate to determine issues like liability and the amount of compensation to be awarded to the injured party.

Assumption of Risk: A legal concept that can impact personal injury cases. In Wisconsin, the assumption of risk refers to a situation in which a person engages in an activity knowing–and accepting–the potential risks involved.

For example, if a motorcyclist chooses to ride without a helmet, they may be considered to have assumed the risk of injury in an accident. This assumption of risk may limit their ability to seek compensation for accident injuries.

Burden of Proof: The legal principle of “burden of proof” is applicable in civil cases (like personal injury). It refers to the greater preponderance of evidence that the person making a claim must present to convince a judge or jury. When we say preponderance, think “weight of responsibility.”

This standard differs from that of criminal cases, where the burden of proof is “beyond a reasonable doubt.” In a civil case, the plaintiff (injured party) usually bears the burden of proof. However, if the defendant wishes to raise an established defense, the burden of proof falls on the defendant to do so.

Cause/Causation: In civil courts, for an injury claim to be successful, the claimant needs to demonstrate three key elements. These elements are negligence, causation, and damages. In Wisconsin, proving causation involves showing that the party’s action was a contributing factor in the victim’s harm. Their negligence may be the sole cause or may combine with other factors to cause harm. The crucial point is that the negligent action must be a substantial factor in causing the injury.

Collateral Source: The collateral source rule is a legal principle that applies to personal injury cases in Wisconsin. It states that compensation received by an injured party from a collateral source (like an insurance company) cannot offset lawsuit damages.

For example, if you are injured in a car accident and your medical bills are covered by your health insurance, the defendant cannot argue that those bills should be excluded from damages because they were already paid by your insurance. Instead, you are entitled to receive full compensation for your medical bills, regardless of whether they were paid by you or your insurance.

The collateral source rule is important for personal injury cases because it ensures that injured parties are fully compensated for their damages. Otherwise, the victim’s compensation could be reduced by payments from collateral sources. This is particularly relevant in cases involving car accidents, motorcycle accidents, and truck accidents. These cases often involve severe injuries and significant medical bills.

Comparative Fault: Injured parties in personal injury cases can hold partial fault for their injuries. Both plaintiffs and defendants must exercise “ordinary care.” Ordinary care refers to the responsibility to take reasonable precautions to avoid harm. If the injured party fails to exercise this duty, they can be found partially at fault. This is where comparative fault comes into play.

Comparative fault can be complex, especially in cases with multiple defendants. If a victim is partially responsible for their injuries, they’ll receive an award reduction based on fault percentage. For example, if the plaintiff is found to be 30% at fault for their injuries and the damages award is $100,000, they will only receive $70,000.

This part is perhaps the most important. When the plaintiff is more negligent than the defendant, they cannot recover damages. Comparative fault is rarely straight forward. It’s often determined on a case-by-case basis. The percentage of fault assigned to each party can vary depending on the case circumstances.

Complaint: A complaint is a formal legal document that is filed in court by an individual who has suffered harm due to another party’s actions or negligence. In the context of personal injury law, a complaint is typically filed by a victim of a car accident, motorcycle accident, or truck accident. The complaint will detail the facts of the incident, the injuries sustained by the victim, and the damages suffered as a result of the accident.

In a personal injury case, the complaint will often allege negligence on the part of the defendant. This could include negligence in the maintenance of property. A failure to clear snow from a parking lot, for example, or negligence in the operation of a vehicle like speeding or texting while driving.

The purpose of the complaint is to request relief from the court, typically in the form of financial compensation. This compensation is also known as damages (defined below). The damages sought may include medical expenses, lost wages, pain and suffering, and other forms.

Crash Report: A crash report, also known as an accident report or police report, is a detailed document filled out by law enforcement officers. They begin drafting this document when they respond to a motor vehicle collision. The report contains accident details like the date, time, location, and parties involved. It also includes a description of the accident scene and any injuries sustained. In addition, the crash report may also include witness statements and a preliminary determination of fault.

For auto accident victims, requesting a copy of the crash report is crucial for insurance purposes and potential legal action.

Damages: Damages are another way of referring to the compensation a person receives after suffering injuries due to another’s fault. In personal injury cases, damages can be categorized into economic and non-economic losses. Economic losses include medical expenses, lost wages, and other expenses related to the injury. Non-economic losses include pain and suffering, emotional distress, and loss of enjoyment of life.

Damages can also include compensation for loss of consortium. Loss of consortium refers to the impact of the injury on a victim’s relationships with their spouse or family members.

Defendant: A defendant is the party who is sued in a legal case. They are typically referred to as the party responsible for causing harm. In the context of personal injury cases, a defendant can be the driver of a car, motorcycle, or truck who caused an accident through their negligence or other wrongful behavior. Plaintiff’s seek damages from the defendant for their culpable conduct. This conduct can include a wide range of actions or omissions that resulted in harm to the plaintiff.

Deposition: A deposition is when witnesses or parties in a lawsuit give sworn testimony outside of court. In personal injury cases, depositions help gather evidence and information for trial or settlement. Lawyers from all sides ask the witness questions, and a court reporter records the testimony. This testimony can be used as evidence in court.

For personal injury law firms, depositions are key to building a strong case. By gathering testimony and evidence from those involved, attorneys can better understand the accident and support their client’s case.

Discovery: Discovery is the process where the plaintiff and defendant in a lawsuit request information from each other to build their case. In car, motorcycle, or truck accidents, discovery often includes accident reports, witness statements, and medical records. This helps establish liability and damages.

Discovery helps both sides understand their case’s strengths and weaknesses. It can lead to a settlement or trial. Law firms must master this process to effectively represent their clients.

Emotional Distress: Emotional distress, also called mental anguish, is the psychological harm someone suffers from an accident or injury. In personal injury law, it is often claimed along with physical injuries from accidents.

Emotional distress can include anxiety, depression, PTSD, and sleep problems. These issues can seriously affect daily life, work, and overall well-being.

To recover damages for emotional distress in Wisconsin, plaintiffs must prove that the defendant’s actions caused the distress and that it was severe. This often requires the skill of an experienced personal injury lawyer.

Expert Witnesses: An expert witness has specialized knowledge, training, or experience that is relevant to a legal case. In personal injury law, they may testify about the cause or extent of injuries from motor vehicle accidents, dog bites, slips and falls, and more.

For example, a medical expert might assess a client’s injuries and expected recovery, or an accident reconstructionist could analyze evidence to determine fault. Expert witnesses add credibility and objectivity to a case but can be costly. Attorneys decide whether using one is necessary and cost-effective.

Guardian Ad Litem: A guardian ad litem is a court-appointed representative who protects the best interests of a party. This party may be a minor or an incapacitated person during legal proceedings. In personal injury cases, they ensure that vulnerable individuals receive fair treatment and compensation.

Incident Report: An incident report records details of accidents, like those in businesses or parking lots. It outlines events, circumstances, and involved parties. These reports, prepared by businesses or police, help establish liability and are key in settlements. They differ from crash reports, which focus on vehicle accidents on public roads.

Interrogatories: Interrogatories are written questions one party in a personal injury lawsuit serves to the other. These must be answered under oath. They help gather information about the accident, injuries, and financial losses.

Insurance Medical Exam (IME): Insurance companies will have a doctor conduct an insurance medical exam (IME) to evaluate a claimant’s injuries. Despite its name, it is not fully independent since the doctor is paid by the insurer.

This can cause complexities in the injury claims process. The goal of the IME is to assess whether the injuries are genuine and permanent. Insurance companies often use the same doctors, who may provide opinions favorable to the insurer. This can create disputes between the claimant and the insurance company.

Jury Instructions: Jury instructions are written guidelines a judge gives the jury at the end of a trial. They explain the legal principles the jury must use to make a decision. In personal injury cases, instructions may cover topics like negligence, causation, and damages.

The judge ensures the instructions are clear and accurate. They also explain the burden of proof and the standard of evidence the plaintiff must meet. For attorneys, understanding jury instructions is critical to presenting a strong case and helping the jury understand key legal concepts.

Lawsuit or Suit: A lawsuit, also called a suit, is a formal legal action where a plaintiff sues a defendant in court. In personal injury cases, a lawsuit is filed if settlement talks fail.

In Wisconsin, lawsuits are filed in circuit courts and can last from months to years. During the case, both sides present evidence, and a judge or jury decides the outcome.

Letter of Protection: A Letter of Protection is a document a medical provider requests to bill a patient directly for treatment. This is their alternative to going through health insurance after an accident. The provider waits for payment until the case settles, bypassing lower insurance rates. A chiropractor, for example, may request one following a car accident claim.

However, relying on a Letter of Protection can be risky. It’s not a guarantee of payment, and patients may not receive compensation for medical bills. It’s often better to use health insurance if possible and seek legal advice before agreeing to this letter.

Liability: Liability means legal responsibility for damages caused by someone’s actions or negligence. In motor vehicle accidents, liability arises when someone fails to act with reasonable care, causing harm.

To prove negligence, the injured party must show the defendant had a duty, breached it, and caused the injuries. Evidence like witness testimony and police reports helps establish liability. Once proven, the injured party may receive compensation for medical bills, lost wages, pain, and other damages.

Loss of Consortium: Loss of consortium refers to the damage a spouse or family member suffers after a loved one’s accident. It includes the loss of companionship, affection, and support.

In personal injury cases, family members can claim loss of consortium for emotional distress and loss of enjoyment of life. Only close family, like a spouse or child, can make this claim.

Mediation:
Mediation is a formal process where parties in a dispute, like a motor vehicle accident or slip and fall, try to settle outside of court. A mediator, often a lawyer or judge, guides the negotiation after discovery is complete.

During mediation, both sides present their cases, and the mediator helps them find common ground. It’s especially helpful in personal injury cases, where emotions can complicate communication. Mediation can offer a clearer view of the case’s strengths and weaknesses, often leading to faster, less expensive resolutions than going to trial.

Medical Authorizations:
Medical authorizations are legal documents that allow a defendant, typically an insurance company or their attorney, to access an injured party’s medical and academic records. These records help evaluate the party’s claims for damages.

Authorizations can sometimes include records from before the accident. Insurance companies may use them to argue that injuries weren’t caused by the accident.

As a personal injury law firm, providing guidance and reviewing medical authorizations can be a crucial service for our clients. We strive to protect our clients’ rights and ensure that their medical records are used fairly in the claims process.

Medical Payment Coverage: Medical Payment Coverage is part of auto and premises insurance that covers medical expenses from injuries, regardless of fault. Coverage typically ranges from $1,000 to $10,000 and lasts one or two years. It’s best used after health insurance, covering deductibles or copays. This coverage suapplements health insurance, not replaces it.

Understanding when and how to use this coverage is key to maximizing benefits. A personal injury lawyer can help navigate the claims process and ensure medical bills are paid accurately and on time.

Motion: A motion is a formal request a party makes to the court during a lawsuit. Personal injury lawyers use motions to resolve issues like discovery disputes or to argue legal points. Defendants may file motions to dismiss cases, while plaintiffs may use them to establish liability before trial.

For example, a motion for summary judgment asks the court to decide in favor of the plaintiff without a trial. Motions help streamline cases and save time and money, making them a key part of personal injury litigation.

Negligence: Negligence occurs when someone fails to exercise reasonable care, causing harm to another person. In personal injury law, proving negligence is critical to holding someone liable.

To win a negligence claim, the plaintiff must show the defendant was careless, that this caused the injury, and that damages resulted. Negligence can include actions like breaking traffic laws or failing to maintain a safe environment.

Pain and Suffering: Pain and suffering refers to the physical and emotional distress caused by an injury. It includes physical pain, activity limitations, and emotional issues like anxiety and depression.

In Wisconsin, compensation for pain and suffering is part of a personal injury claim. The amount depends on factors like injury severity, impact on quality of life, and medical treatment needed.

Plaintiff: The plaintiff is the person who starts a lawsuit. In personal injury cases, the plaintiff is usually the injured person, but it could also be a spouse or family member affected by the injury. The defendant is the person being sued.

Post-concussion Syndrome (PCS): PCS is when symptoms like headaches or dizziness persist after a concussion. It is a form of mild traumatic brain injury.

Post-traumatic Stress Disorder (PTSD): PTSD is a mental health condition triggered by a traumatic event. It causes symptoms like flashbacks, nightmares, anxiety, and unwanted thoughts. PTSD can result from serious accidents, not just war experiences.

Premises Liability: Premises liability involves holding property owners accountable when someone is injured due to hazardous conditions. Determining responsibility may involve landlords, property managers, contractors, or businesses.

Product Liability: Product liability holds manufacturers, suppliers, or retailers accountable for harm caused by defective or dangerous products. These cases often involve design flaws, manufacturing defects, or inadequate warnings. Success depends on collaboration with experts who can explain the product’s design and flaws.

Punitive Damages: Punitive damages punish defendants for reckless behavior and deter similar future actions. These damages apply when the defendant knowingly caused harm or violated someone’s rights. In Wisconsin, punitive damages have limits based on the severity of the injury.

Quality of Life: Quality of life refers to a person’s well-being before or after an injury. It includes factors like daily activities, mobility, social relationships, satisfaction, and future prospects.

Settlement: A settlement resolves a legal matter when both parties agree, avoiding the need for a trial. It can happen before or after litigation starts.

Slip-and-Fall: A slip-and-fall case involves a person injured by slipping or tripping on someone else’s property. These cases fall under premises liability, holding the property owner legally responsible.

Statute of Limitations: The statute of limitations sets the time limit to file a lawsuit, usually starting when the injury occurs. In Wisconsin, personal injury cases must be filed within three years, with some exceptions.

Subrogation: Subrogation allows one party to pay for another party’s debt and then recover that money from the responsible party. For example, if you use health insurance to pay for medical bills after a car accident, your insurer will seek reimbursement from the at-fault driver’s insurance. Subrogation can also apply to Medical Payment Coverage. A skilled personal injury attorney can often reduce the subrogation claim.

Third-Party Claims: Third-party claims are liability claims made by someone injured by the insured. The insured is the first party, the insurance carrier is the second party, and the injured person or claimant is the third party. This claim is against the insurance of another party, not your own.

Tort: A tort is a civil wrong that leads to legal liability but is not a crime. Personal injury law is a common type of tort law.

Traumatic Brain Injury (TBI): A TBI occurs when an external force disrupts brain function, usually from a violent blow to the head or body. It can also be caused by objects penetrating the skull, such as bullets or broken bones.

Trial: A trial is the formal process where a case is presented to a judge or jury for a decision. If parties can’t settle through negotiation or other methods, a trial may be needed. Both sides present evidence and arguments, and the judge or jury decides based on the facts and law. The trial involves jury selection, opening statements, witness testimony, cross-examination, and closing arguments. Experienced legal representation is crucial during a trial to navigate the complexities and advocate for your interests.

Underinsured Motorist Coverage (UIM):
UIM coverage extends to property and bodily damage caused by a motorist with insufficient insurance. For example, if the at-fault driver has a $25,000 policy but your medical bills are $75,000, you can claim the $25,000 from the at-fault driver and then use your UIM coverage for the remaining amount.

Uninsured Motorist Coverage (UM):
UM coverage protects you if the at-fault driver has no insurance. If the person who hit you is uninsured, you can claim against your own UM policy.

Verdict: A verdict is the formal decision made by a judge or jury about the outcome of a case.

Voir Dire: Voir dire, or jury selection, is the process where attorneys examine potential jurors to ensure they meet specific criteria. It is pronounced “vwahr-deer” or “vor-deer.”

Workers’ Compensation: Workers’ compensation provides state-required no-fault benefits from an employer to an employee or their family for job-related injuries or illnesses. This includes compensation for accidents or deaths that occur at work.

Wrongful Death: A claim made on behalf of the survivors or beneficiaries of a person who has died as a result of wrongful conduct. Typically family members or estate representatives may file a wrongful death claim. Awarded damages in these cases can include medical expenses prior to death as well as loss of earnings the deceased may have obtained while living. Surviving loved ones may also seek loss of consortium (deprivation of a marital/sexual partner or familial relationship).

Personal Injury:  Personal injury refers to the harm or injury caused to a person due to the negligence or intentional actions of another. In Wisconsin, personal injury law covers a broad range of accidents and incidents, including car accidents, motorcycle accidents, truck accidents, slip and fall accidents, dog bites, and more.

A personal injury lawyer can represent your interests and fight for your rights in negotiations with insurance companies or in court. They can help you understand your legal options, gather evidence to support your claim, and negotiate a fair settlement on your behalf. With their experience and knowledge of Wisconsin personal injury law, they can help you maximize your compensation and get the justice you deserve.

At our law firm, we specialize in personal injury cases in Wisconsin, including car accidents, motorcycle accidents, truck accidents, and more. Our team of skilled and compassionate Madison personal injury lawyers is dedicated to helping our clients recover from their injuries and move forward with their lives. We understand the physical, emotional, and financial toll that personal injuries can take, and we’re here to provide the support and guidance you need.

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Car accidents can have severe physical and emotional consequences. 

In Wisconsin, with its unique blend of urban and rural settings, drivers face many scenarios where accidents can occur. 

If someone injured you in one of the thousands of car accidents we see here every year, contact a Wisconsin car accident attorney for your free consultation to find out how to get compensation and justice.

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Table of Contents

1. Head-on Collisions
2. Side-Impact Accidents
3. Rollover Accidents
4. Multi-Vehicle Collisions
5. Accidents Involving Pedestrians
6. Motorcycle Accidents
7. Hit-and-Run Accidents
8. Why Seek Legal Counsel?
9. When Should You Contact an Attorney?
10. How to Choose the Right Attorney
11. Contact a Wisconsin Car Accident Attorney

Head-On Collisions

Head-on collisions are some of the most serious accidents in Wisconsin. These accidents usually happen at higher speeds and have a greater chance of causing significant injuries or fatalities. 

When two vehicles collide head-on, the impact increases because both vehicles are moving toward each other. 

Wisconsin has installed roundabouts to reduce the number of head-on collisions. 

The use of roundabouts in intersections reduces crashes that cause injuries by 75 percent. 

Side-Impact Accidents

Side-impact or T-bone accidents occur when one vehicle collides with the side of another vehicle. 

These are common at intersections, where failure to yield or running a red light are often the culprits.

Rollover Accidents

Rollover accidents are rare compared to other vehicle collisions, but they often result in severe consequences. 

In a rollover accident, a vehicle flips over onto its roof or side, turning an already dangerous situation into a potentially fatal one. 

While any vehicle can roll over, the likelihood increases with larger vehicles like SUVs and trucks due to their higher center of gravity.

The relative scarcity of rollover accidents shouldn’t detract from their severity. Although they occur less frequently, they have a disproportionate impact in terms of severe injuries and fatalities. 

This makes understanding the unique legal challenges and options around rollover accidents crucial for anyone involved in one.

Accidents Involving Pedestrians

Pedestrian accidents remain a pressing issue in Wisconsin, particularly in urban areas where foot traffic is higher. 

The factors contributing to these accidents range from drivers failing to yield the right-of-way to simple inattentiveness. 

To deepen our understanding, let’s turn to the most recent data.

• In 2015, there were 1,289 pedestrian crashes, resulting in 54 fatalities and 1,227 injuries. Of these injuries, 216 were classified as severe, or “A-Injuries.”
• The year 2016 saw a slight decrease in pedestrian crashes to 1,252, yet the fatalities dropped to 49. Injuries totaled 1,181, with 198 being severe.
• Jumping to 2018, Wisconsin experienced a spike in pedestrian crashes to 1,533, with 55 fatalities. The number of injuries reached 1,438, and severe injuries surged to 288.
• In 2019, the number of crashes was relatively stable at 1,505 but saw an uptick in fatalities to 57. The total injuries were 1,412, with 276 counted as severe.
• The data from 2020 indicates 1,460 pedestrian crashes, 53 fatalities, and 1,372 injuries. Among these, 277 were classified as severe.
• For a broader perspective, the average figures from 2015-2019 tell us that there were approximately 1,408 pedestrian crashes each year. 
• These incidents resulted in an average of 54 fatalities and about 1,326 injuries. Of these injuries, around 251 were serious.

Key Observations

1. The number of pedestrian crashes oscillates yearly, but the fatalities remain comparatively stable, accentuating the significant risks associated with pedestrian accidents.
2. Severe injuries, under Pedestrian A-Injuries, maintain a level of consistency over the years. These numbers form a part of the total injury count, reinforcing the serious nature of these accidents with injuries. 
3. While 2020 witnessed a decline in the number of pedestrian crashes and injuries compared to the previous years, we don’t know whether this constitutes a one-year dip or the start of a trend. 

 

Motorcycle Accidents

Motorcycle accidents continue to form a major public safety issue in Wisconsin. 

Starting in 2015, the state recorded 2,221 motorcycle crashes, resulting in 80 fatalities and 1,906 injuries. Among these injuries, 493 were categorized as severe.

In 2016, a minor increase in motorcycle crashes to 2,250 was observed, alongside 82 fatalities and 1,973 injuries. Severe injuries were slightly down at 477.

By 2018, the crashes had marginally decreased to 2,206, but fatalities dropped to 76. Interestingly, severe injuries spiked to 619 that year.

The year 2019 presented a concerning downturn, with 1,967 crashes, 81 fatalities, and 1,693 injuries. Severe injuries slightly decreased to 536.

In 2020, there was another increase to 2,104 motorcycle crashes, including 112 fatalities and 1,796 injuries, 581 of the injuries severe.

The average figures from 2015-2019 can offer additional context. On average, about 2,090 motorcycle crashes happen per year, resulting in around 80 fatalities and 1,813 injuries. Of these injuries, about 521 were severe.

The data shows a somewhat fluctuating trend in the number of crashes, but a consistent challenge in reducing the number of fatalities and serious injuries. 

This information emphasizes the ongoing need for effective safety measures and public awareness for drivers who need to share the road with motorcycle riders.

Hit and Run Accidents

Hit-and-run accidents are unsettling incidents that leave victims vulnerable and often without immediate recourse. 

Understanding the scope and how to deal with a hit-and run accident is important for anyone navigating the legal maze that typically follows an injury after being struck by an unknown driver.

In Wisconsin, hit-and-run crashes vary considerably depending on their location:

• Intersection: Intersections are hotspots for hit-and-run crashes involving both injury and property damage. According to available statistics, 11 fatal crashes, 1,055 injury crashes, and 4,504 property damage crashes were recorded at intersections, totaling 5,570.
• Non-intersection: Locations other than intersections also bear a significant number of hit-and-run incidents. These included 14 fatal crashes, 1,040 involving injuries, and a staggering 10,235 resulting in property damage—adding up to 11,289 total incidents.
• Parking lot: While parking lots generally involve lower speeds, they aren’t exempt from hit-and-run incidents. The stats show 104 crashes involving injuries and 3,650 involving property damage, making a total of 3,754 reported incidents.
• Private property: Incidents on private properties are fewer but still noteworthy. These include 35 injury-related crashes and 729 that led to property damage, totaling 764 incidents.

In total, Wisconsin recorded 25 fatal hit-and-run crashes, 2,234 causing injuries, and 19,118 resulting in property damage. The total comes to 21,377.

Car accidents are varied in nature and severity, but all bring about a set of challenges that no one wants to face alone. 

Being informed about the types of car accidents and their consequences allows you to take preventive measures, making Wisconsin roads safer for everyone. 

For a comprehensive review of your specific situation following a car accident, consider speaking with a qualified attorney who understands Wisconsin’s traffic laws and can guide you through the legal intricacies involved.

Why Seek Legal Counsel from a Wisconsin Car Accident Attorney?

• Complexity of law. You need a law degree to understand Wisconsin’s intricate traffic laws and regulations and how they apply to your case.
• Dealing with insurance companies. Insurance adjusters are skilled negotiators who aim to settle claims for as little money as possible. An attorney can safeguard your interests, ensuring you don’t accept a lowball settlement.
• Evidence gathering. You need to accumulate evidence such as police reports, witness statements, and medical records to build a strong case. An attorney can handle this important process for you.
• Filing legal documents. Lawsuits entail a myriad of paperwork, deadlines, and legal jargon. A misspelled word or a missed deadline can damage your case. A car accident attorney in Wisconsin will manage important documents while you recover from your injuries. 

When Should You Contact an Attorney?

Timing is important, and so is contacting an attorney as soon as possible after the accident to ensure vital evidence is preserved and deadlines are met. 

According to Wisconsin Statutes Section 893.54, you have a limited time from the date of the accident to file a personal injury claim. 

Waiting too long can mean forfeiting your right to compensation.

How to Choose the Right Attorney for a Car Accident

• Experience. Hire an attorney who has a history of handling Wisconsin car accident cases and can get results. Their understanding of the specific laws and precedents related to these types of cases will be invaluable.
• Reviews and testimonials. Look for positive reviews or ask for testimonials from past clients to gauge the attorney’s reputation.
• Communication. An open channel of communication between you and your attorney is essential. You should feel comfortable asking questions and expect timely and transparent answers.
• Fee structure. Discuss the attorney’s fee structure upfront. Most car accident lawyers in Wisconsin work on a contingency basis, meaning they only get paid if you win your case.

After hiring an attorney, keep all medical appointments, gather all bills and documents, and maintain a journal detailing how the accident impacts your daily life. These steps help build a solid case.

Contact a Wisconsin Car Accident Attorney

 

Legal representation can spell the difference between a well-compensated claim and an uphill struggle for your rights or even a claim denial. 

When you or a loved one was in a car accident in Wisconsin, reach out to an accident attorney from the Pemberton Personal Injury Law Firm who can guide you through the labyrinth of the court system and insurance companies, leaving you free to focus on your recovery.

For a no-obligation consultation, dial 608-448-6242 today or contact a skilled personal injury lawyer to begin the journey toward reclaiming your life. Find out how we can help you and determine if we are the right law firm for you and your family.

Expert Advice on Dealing with Hit-and-Run Accidents

Dealing with a hit-and-run accident can be a challenging ordeal. In this guide, we’ll walk you through the necessary steps to take following a hit-and-run incident. Discover how these steps can set you up for success and learn about the crucial role a knowledgeable car accident lawyer plays in ensuring you receive the compensation you deserve.

What Constitutes a Hit-and-Run Accident?

A hit-and-run accident involves a driver fleeing the scene after causing damage to your vehicle or injuring you. These incidents encompass scenarios such as rear-end collisions, vehicle collisions, hitting a parked car (with or without you in it), and even striking a pedestrian.

Exploring Compensation When the At-Fault Driver Remains Unidentified

While locating the at-fault driver is optimal, it’s not always feasible. Even if the responsible party can’t be found, you can still seek compensation. Uninsured motorist coverage enables you to file a claim, even without knowledge of the culprit. An adept lawyer can guide you through this process, ensuring you achieve a full recovery despite the unknown offender.

Immediate Steps After a Hit-and-Run Accident

Your safety is paramount. Immediately move to a secure location after the accident, and dial 911 if anyone is severely injured. Once you’re safe, follow these six essential steps to enhance your chances of obtaining proper compensation:

1. Gather Vital Information About the Fleeing Vehicle and Driver
   Quick thinking is essential when the fleeing vehicle is identified. Capture crucial details such as license plate numbers, vehicle appearance, and driver description. Photographs can be invaluable, aiding the search for the at-fault driver.
2. Notify Law Enforcement
   Regardless of your injuries’ severity, alert the police and file an official report. Your insurance and authorities will use this report to start the search for the responsible driver.
3. Identify Eyewitnesses
   While awaiting the police, look for witnesses who can provide statements supporting your claim. Collect their contact information and ask them to remain on-site for police statements. Their insights might unveil information overlooked amidst the accident’s chaos.
4. Document the Accident
   When filing an insurance claim, comprehensive documentation is vital. Aside from the date, time, and location, provide detailed records. Capture photos of the accident site, including your vehicle’s damage, before cleanup. If occupied, ask bystanders for additional angles.
5. Consult a Medical Professional
   Regardless of apparent injuries, consult a doctor immediately after the accident. This step is crucial for insurance claims and especially important if underlying conditions were aggravated. Proper medical records ensure proper compensation for any harm suffered.
6. Secure Legal Representation
   Before contacting your insurer, enlist an experienced attorney, particularly one specializing in personal injury law. Insurance companies aim to minimize payouts, and a skilled attorney safeguards your rights. They navigate claim procedures, aiming for your maximum settlement.

Conclusion

Hit-and-run accidents are daunting, but by taking these immediate steps and collaborating with a seasoned car accident lawyer, you can navigate the aftermath with confidence. Prioritize your safety, gather information, involve authorities, document meticulously, and seek medical attention. With legal guidance, you’ll be equipped to secure the compensation needed for a complete recovery.

 

What Steps Should You Take When Negotiating a Dog Bite Settlement?

Dog bites can happen in a split-second and may leave you with severe injuries that require extensive medical treatment. If you have mounting expenses for your injuries or have been unable to work during your recovery, a dog bite claim against the dog owner’s home insurance can help you regain your financial footing.
But where do you even begin when trying to negotiate this type of claim?

A knowledgeable Wisconsin dog bite lawyer can explain the steps you should take following the attack to help you build a strong case and get the settlement you deserve. If you have any questions, don’t hesitate to reach out to our firm for further guidance: 608-200-4403.

Get Prompt Medical Care

Seeking immediate medical treatment is key to not only your dog bite claim but also to your health and recovery. Dog bites are notorious for developing infections if not properly treated. Puncture wounds from bites may appear to heal superficially but can harbor bacteria inside if not thoroughly cleaned. Unfortunately, dogs can also carry rabies and other serious diseases. A doctor can evaluate your injuries and provide the best course of treatment, including antibiotics, stitches, skin grafts, and more.

If anyone has called 911, do not refuse treatment. While you may be trying to be cost-conscious, your failure to accept treatment could be used against you during your dog bite claim negotiations to prove that your injuries were not severe. If emergency services were not called, go to urgent care or your family doctor as soon as possible. The official medical record of your injuries provides critical evidence of the harm you’ve suffered. When receiving treatment, be sure to tell the doctor about the circumstances of the incident so the attack is clearly linked to your injuries.

Contact Authorities

You should inform local animal control authorities about the dog bite. They will contact the owner to get proof of the animal’s rabies vaccination status, which may prevent you from having to undergo painful rabies shots. Animal control can also issue citations for dangerous animal behavior or order the owner to muzzle or confine their dog to prevent further attacks. Your report and the investigation by animal control or the police are more official records of the incident that can be utilized in your negotiations. You may also be able to find out if the dog has a history of aggressive behavior or if the owner has been cited for similar issues before.

Collect Supporting Evidence

Owners can be held liable for their dog’s harmful behavior. To reach a reasonable settlement with the owner’s insurance company, you will need strong evidence to support your claim. Essential things you should gather after the incident include:

• Information about the owner: Get the dog owner’s name, address, and contact info.
• Insurance details: Most homeowners’ or renters’ insurance policies will cover dog bites, even if the attack occurred away from home. Try to get the dog owner’s insurance policy number and the company’s name. If the person rents, record their landlord’s name and rental insurance info.
• Photos and videos: Images of the animal and the location of the attack can be useful in negotiating your case, particularly if they show that the animal was improperly restrained. You should also take pictures of your injuries right after the attack and during the recovery process to show their extent. Images can be much more convincing than words alone.
• Witness statements: Eyewitnesses can provide corroboration for what occurred. Record the contact information of anyone present at the time of the attack. You should also write down or record your own recollection of the incident soon after it happened to make certain you don’t forget any key details.
• Clothing and other physical evidence: While throwing away your bloody clothing from the attack may seem logical, you could actually be harming your case. Preserve your clothes and other evidence until after you’ve reached a settlement.

Keep Good Records of Your Expenses

A full and fair dog bite settlement should include compensation for all the economic and non-economic losses you’ve experienced due to your injuries, including:

• Medical bills, including surgeries, medications, mobility aids, and follow-up appointments
• Therapy and rehabilitation costs
• Lost wages
• Pain and suffering
• Scarring and disfigurement
• Mental anguish, including PTSD, phobias, and anxiety caused by the attack

Keep thorough records of all expenses and bills related to your injuries to ensure you get the compensation you deserve. Although non-economic losses like pain and suffering are much less tangible, you can support your claims by keeping a diary of your experiences with your injuries and how they are impacting you on a day-to-day basis. Good record-keeping will allow you or your lawyer to properly calculate a settlement amount for your claim.

Contact an Experienced Dog Bite Owner for Legal Guidance

Even if you follow all these steps, it can be challenging to negotiate a dog bite settlement on your own. Insurance adjusters are not on your side, and they will be actively looking for statements or evidence that could discredit your claim or lessen your settlement amount. To ensure that you do not say anything that could harm your case and to provide yourself with the best possible chance of a full settlement, you should contact a skilled personal injury lawyer as soon as possible.

At Pemberton Personal Injury Law Firm, our lawyers are experienced negotiators who can investigate your case, deal with the insurance company, and make certain you get the maximum compensation for your dog bite injuries. Contact our office today to schedule a consultation with a helpful Wisconsin dog bite attorney and learn about your legal options: 608-200-4403.

What Should I Know if I’ve Been Involved in a Motorcycle Accident?

Motorcycle accidents can happen in a flash and leave you reeling. Due to the exposed nature of a motorcycle, victims can suffer serious injuries that require surgeries, rehabilitation, and time off work. Even if you were lucky enough to escape severe physical harm, you may experience mental health effects from the traumatic incident. The time after the crash can be overwhelming as you attempt to navigate insurance claims, health care appointments, medical bills, and motorcycle repairs while you recover.

During this period, it is common to have many questions. An experienced personal injury attorney can address your concerns and help you determine your legal options. This article covers some of the questions we frequently receive from motorcycle accident clients. However, it’s important to remember that each case is different. We strongly recommend scheduling a free consultation with a Madison motorcycle accident attorney for legal advice tailored to your unique situation.

What Steps Should I Take Following My Crash?

Your actions in the minutes after a motorcycle accident can play a significant role in the success of your future claim. If you are physically able, there are some critical steps you can take to protect your well-being and legal rights:

• Ensure the safety of everyone involved: If possible, move out of the roadway to prevent further crashes. Call 911 for emergency help if anyone is seriously injured.
• Contact the local authorities: The police should arrive at the scene to investigate and make a police report. During questioning, keep your answers simple and honest. Don’t be afraid to say “I don’t know” if you are unsure. Stick to the facts and avoid discussing who may have been at fault for the crash. Make sure you understand how to obtain a copy of the police report.
• Collect information: Gather all drivers’ names, addresses, and insurance info. Request the contact information of any eyewitnesses. Document the crash scene by taking photos and videos from several angles.
• Seek a prompt medical evaluation: Even if you feel uninjured, you should be seen by a medical professional to check for any physical damage. Serious injuries can be masked by adrenaline. The medical records from this evaluation are critical to proving your injuries and conclusively tying them to your crash.
• Call a trusted motorcycle accident lawyer: Your lawyer can help you contact your insurer and determine any further actions you should take.

Who Might Be at Fault for My Motorcycle Accident?

Determining fault in an accident can be complex. Most crashes are not clear-cut incidents, and many factors can play a role. There can even be multiple people or entities at-fault for any given incident, including:

• Other motorists
• Pedestrians and bicyclists
• Government entities responsible for road design or repair
• Manufacturers of defective auto or motorcycle parts
• Mechanics
• Faulty helmet manufacturers or designers

Luckily for victims, Wisconsin is a modified comparative negligence state with a 51% bar. This means that even if you share some fault in your accident, you are still eligible to seek compensation as long as you are less than 51% responsible for the collision.

However, your damages will be reduced proportionally by the amount of fault assigned to you, so having a strong lawyer on your side is crucial to ensure you are not being assigned more fault than you deserve.

Should I Talk to the Other Driver’s Insurance Adjuster?

In the days or weeks following your crash, you will likely be contacted by an insurance adjuster. These individuals may seem friendly, but they do not have your best interests at heart. To prevent the chance of saying something that could hurt your claim or agreeing to a settlement that is less than you deserve, you should avoid speaking to an insurance adjuster without consulting with your lawyer first. If the adjuster calls, you can politely refer them to your lawyer, who will inform you of the steps you need to take.

Can I Recover Damages if I Wasn’t Wearing a Helmet?

Wisconsin state law does not require motorcyclists over the age of 18 to wear helmets, although appropriate safety gear is highly recommended for all riders. That being said, defendants and their insurers may argue that your injuries were made worse by your failure to wear a helmet. These cases can become complicated, and it is vital to retain the services of a lawyer who will uphold your rights to compensation in these situations.

What Compensation Can I Seek With a Personal Injury Claim?

If you have been injured in a motorcycle accident that was not your fault, you may be able to recover damages from the responsible parties. You can seek compensation for economic losses, such as medical expenses, lost wages, loss of earning capacity, and personal property replacement or repair. Of course, not all losses from an accident are so tangible. Your lawyer can also help you determine the cost of your non-economic damages, including scarring and disfigurement, mental anguish, and pain and suffering.

What if My Loved One Was Killed in a Motorcycle Crash?

If you tragically lost a family member due to a motorcycle collision, you may be able to bring a wrongful death lawsuit. The lawsuit will not bring your loved one back, but it does help ensure that your family does not experience a financial crisis due to their passing. You may seek compensation for funeral expenses, loss of companionship, the decedent’s medical expenses, and more. A knowledgeable wrongful death attorney can explain your legal rights in this heartbreaking situation.

Do I Really Need a Motorcycle Accident Attorney?

Insurers are for-profit businesses that retain teams of lawyers to fight against victims’ claims, particularly if it is a high-value claim. You are at a distinct disadvantage if you attempt to take on this challenge on your own, and it can be difficult to get the full compensation you deserve. An experienced motorcycle accident attorney from Pemberton Personal Injury Law Firm can simplify the process and protect your rights. To learn more about how we can serve you, schedule a free consultation today by calling (608) 448-6242.

What Steps Should You Take Following a Car Accident to Protect Your Personal Injury Claim?

The minutes and hours following an auto accident can be chaotic and stressful. However, the steps you take during this time can directly impact your personal injury claim in the future. Familiarizing yourself with these actions before an accident can help you be prepared if you end up in a vehicle collision. A helpful Wisconsin car accident lawyer can explain the actions you should take to safeguard your health and legal rights.

What is the Most Important Consideration After a Car Crash?

In the aftermath of an auto accident, your primary concern should always be for the health and well-being of yourself and everyone involved in the collision. If you are in a dangerous position, such as in the path of oncoming traffic, move yourself to safety. If anyone is seriously injured, call for emergency medical assistance and follow the instructions of the operator and the responding paramedics.

Even if you do not feel hurt after the accident, you should seek a medical evaluation as soon as possible. Many types of severe injuries may not be readily apparent after a crash. However, rapid treatment can be critical to reducing further physical damage and, in some cases, could even save your life. In addition to ensuring your well-being, a prompt visit with a medical professional creates a record of your injuries and ties them to your accident, which can be essential to a successful personal injury claim.

Follow all your doctor’s recommendations for follow-up appointments and treatment for your car crash injuries. These actions show your commitment to improving your condition. Be sure to keep copies of your medical records and expenses. If you do not agree with your diagnosis or are having continuing or worsening issues after the accident, do not hesitate to seek a second opinion.

What Other Actions Can You Take to Support Your Claim?

While getting proper medical care following the crash is vital to your health and personal injury claim, it is not the only step you can take to safeguard your claim. Your actions immediately following an accident can significantly impact your personal injury claim. If you are physically able to do these five things or can have a trusted friend or family member do them, it can help your case immensely.

Contact the Local Authorities

If the police are not on the scene, contact them to report the crash. Under Wisconsin law, you must report the accident if anyone has been injured or there is property damage over $1,000. Failing to do so can open you to legal consequences. However, you can report the accident even if you are uncertain whether it meets these requirements. A major advantage of contacting the police is that they will likely make a police report that contains details about the crash and who they believe may be at fault.

Take Pictures of the Accident Scene

Crash sites are usually cleaned up quickly, and valuable evidence can be lost. If you or an individual you trust can take pictures or video of the scene from many angles, it can provide useful information for your lawyer. Visual evidence is particularly important in cases where fault for the accident is contested.

Get Information From the Drivers Involved

Collect the driver’s insurance information, address, name, and vehicle registration. This information allows you or your lawyer to contact their insurer and begin filing a claim. Remember that there are often time limits on reporting an accident, so promptness is crucial.

Speak to Eyewitnesses

If anyone saw the accident, encourage them to stay at the scene and provide a statement to the police. At a minimum, get their contact information so your lawyer can reach them later. Eyewitness accounts of the accident can be crucial to your claim.

Contact a Car Accident Attorney

Contacting a trusted attorney as soon as possible after your accident can be one of the wisest actions you can take. An experienced car accident attorney can explain your next steps and handle all aspects of your personal injury case so you can focus all your energy on recovering. Your attorney can also ensure you do not inadvertently harm your claim through your actions or statements or miss important deadlines.

What Should You Avoid Doing After an Accident?

In addition to taking the steps listed above, you should also be aware of the actions that could potentially cause harm to your claim, including:

• Admitting fault: You should never discuss fault with witnesses, the police, the insurance company, or others following an accident. Stick to facts and record your memory of the events so you can be consistent in your story.
• Speaking to insurance adjusters: Insurance adjusters may seem friendly, but they are not on your side. Politely refer them to your lawyer if they contact you for a statement.
• Posting on social media: Lawyers for the defendant and their insurer will scour social media for any evidence that may contradict your statements. Even seemingly harmless posts could be used against you. If possible, avoid using social media until after your claim is completed.

While these are three of the most common ways people damage their cases, other situations could arise. If you are ever in doubt about what you should do after a crash, consult your lawyer before taking further action.

What Can a Wisconsin Car Accident Attorney Do for You?

If you’ve been hurt in a Wisconsin auto accident, Pemberton Personal Injury Law Firm can provide the reliable legal counsel you need. Our compassionate and helpful lawyers are here to help you navigate the complex personal injury claim process so you can recover the maximum compensation you deserve. Contact our office today to schedule a free case evaluation.

Can Your Social Media Activity Impact Your Personal Injury Claim?

Social media is a ubiquitous part of modern life. We are so used to documenting and sharing our experiences online that it may be second nature to post about an accident or injuries that you have gone through. Many people are likely to be curious about how you are doing or what happened, and you may feel compelled to address their questions or squash any rumors that may be swirling. Social media is also where we often seek advice and support following difficult times.

While the temptation to head to social media to discuss your personal injury case is understandable, it is crucial to realize that it can cause significant harm to your claim. You don’t want to endanger your recovery through a few reckless actions. An experienced Wisconsin personal injury lawyer can explain the hazards of posting to social media while your case is ongoing and how to protect yourself.

What Are the Potential Dangers Posed by Social Media to Your Personal Injury Claim?

Lawyers are keenly aware of the potential of social media when it comes to collecting evidence in a personal injury case. The opposing legal team will be seeking proof that could contradict your claim and render you ineligible for compensation. Your statements on social media could provide them with the information they want.

Ways you could harm your claim on social media without even realizing it include:

Exaggerating Your Story

You may not be focused on the accuracy of small details when you write a quick Facebook or Twitter post. You may even add some embellishments to make the story more interesting. However, your posts hold the same weight as any other statement made in your case and could be used in court as evidence of your unreliability.

Contradicting Your Statements

Opposing lawyers are always looking for evidence that disproves or casts doubt on your testimony. If you or another witness say something about your case that is contradictory to your other statements, it can harm your claim.

Discussing Confidential Details

Settlement negotiations and trial preparations are delicate processes. Sometimes your lawyer will tell you information that is not public knowledge. If you post this fact on social media, it may come into the possession of the defense or the insurance company and negatively impact your case. In the worst-case scenario, it could even result in your case being dismissed.

Downplaying Your Injuries

You may naturally want to reassure your friends and family that you are ok following your accident, but this could be used as evidence that your injuries were not as bad as you claim. There is also the temptation to continue to show a highly-curated view of your life where you are happy, smiling, and engaging in normal activities. While this may not be the reality of your daily life, the defense could argue that you must not be experiencing pain or significant injury because you appear fine on social media.

Advertising Your Whereabouts

Depending on your social media settings, it may automatically show your location to your friends. Again, this can potentially be used against you. For example, if it records your phone’s presence at a gym or dance club after you’ve claimed to have a severe back injury, it may cast doubt on your statements.

What Steps Can You Take to Protect Yourself on Social Media?

The best advice we can give clients is to take a break from social media until the case is completed. This eliminates the possibility of your social media activity being used against you by the opposing counsel. However, we know this may not be feasible for everyone, especially if they use social media for income or to stay in touch with loved ones.

If you feel you must continue to use social media during the course of your personal injury case, you should take these steps to protect yourself:

• Make your accounts “private”: By changing your settings from public to private, you limit who can see your posts and information. However, be aware that the defendant’s lawyers can ask your friends and family to voluntarily reveal what you’ve posted. They may also ask the court for access to your private social media posts as part of the discovery process.
• Carefully verify new friends and followers: It is easy for anyone to set up an account to gain access to your social media feed. Avoid adding friends or followers you don’t personally know during this time.
• Don’t make any posts about your personal life: To be safe, stick to liking others’ posts and reposting news articles or memes. Avoid uploading your own pictures or videos.
• Ask your friends and family not to post about you or tag you in any posts: Unfortunately, others’ comments may be admissible in court if they contradict your statements. Inaccurate information online could damage your case, and refuting it could take precious time.
• Don’t comment on others’ posts: Even if your account is private, comments on others’ posts may appear publicly and can be used against you.
• If in doubt, ask your lawyer: If you have any questions about whether an action on social media could harm your case, don’t hesitate to reach out to your lawyer for advice.

How Can an Experienced Lawyer Help You Following Your Accident?

Your lawyer should be the only person you ask for advice regarding your personal injury case. Our job is to help you recover the maximum amount for your losses and provide solid legal guidance. We can ensure that you do not unintentionally cause harm to your claim. If you have questions or concerns about social media use after your accident, contact Pemberton Personal Injury Law Firm to speak with a knowledgeable attorney today: (608) 448-6242.