Latest News

The National Trial Lawyers announces Zachary Guerin as a member of the NTL – Civil Plaintiff – Top 40 Under 40 Trial Lawyers in Wisconsin

The National Trial Lawyers proudly announces the selection of Zachary Guerin, a distinguished
member of Pemberton Personal Injury Law Firm, as an NTL – Civil Plaintiff – Top 40 under 40 Trial
Lawyer in the state of Wisconsin.

The Top 40 Under 40 distinction is bestowed upon a select group of attorneys who exhibit superior
qualifications, exemplary trial results, and exceptional leadership in the realms of criminal defense
and/or civil plaintiff law. Membership in The National Trial Lawyers Top 40 Under 40 not only
recognizes these legal professionals for their achievements but also offers invaluable legal news,
information, and continuing education resources to trial lawyers nationwide.

About The National Trial Lawyers:

The National Trial Lawyers is an invitation-based organization dedicated to recognizing and
promoting excellence in the legal profession. Comprising the top trial lawyers in each state, the
organization provides a platform for networking, knowledge-sharing, and professional development
within the legal community.

If you’ve suffered an injury due to someone else’s negligence or wrongdoing, you may consider hiring a personal injury lawyer to seek compensation for your medical bills, lost income, pain and suffering, and other damages. However, one of the first questions many people have is: how much does hiring a personal injury attorney cost?

The good news is that most personal injury lawyers operate on a contingency fee basis, which means you won’t pay any upfront costs, and the lawyer only gets paid if they win your case. Let’s take a closer look at the typical costs involved in hiring a personal injury lawyer.

If you suffered an injury, never wait to schedule your free case evaluation with a personal injury attorney near you.

SCHEDULE A FREE CONSULTATION

What Is a Contingency Fee Arrangement?

Most personal injury lawyers operate on a contingency fee basis. Under this arrangement, you do not pay any money upfront to hire the lawyer. Instead, the lawyer agrees to accept a percentage of any settlement or court award they obtain for you. If the lawyer does not win your case, you do not owe them any legal fees.

A contingency fee allows injured people to hire skilled legal representation even if they can not afford to pay an hourly rate or large retainer fee upfront. It also aligns the lawyer’s interests with yours since they only get paid if you do.

Are There Any Upfront Costs?

While you typically will not have to pay the lawyer any money to take your case under a contingency fee arrangement, there may be some costs involved in pursuing your claim that you will be responsible for.

These can include:

• Filing fees charged by the court
• Fees for obtaining police reports, medical records, and other documents
• Expert witness fees if your case requires testimony from medical professionals, accident reconstruction specialists, or other experts
• Deposition costs
• Trial exhibits and demonstratives

In many cases, your lawyer will advance these costs for you and deduct them from your share of the settlement or verdict at the end of the case. Ensure you understand your fee agreement and the costs for which you may be responsible.

Get a Fee Agreement in Writing

Whenever you hire a lawyer, you should always get a written fee agreement that clearly spells out the terms of the representation. A fee agreement for a contingency fee case should specify:

• The percentage the lawyer will charge as their fee
• Who is responsible for case costs and expenses
• How and when the lawyer will deduct their fee and costs from your recovery
• What happens if you decide to fire the lawyer or they withdraw from your case

Having a clear, written fee agreement can help avoid misunderstandings down the road. Don’t hesitate to ask questions if there’s anything you don’t understand.

Are the Fees Negotiable?

Some people wonder if the contingency fee percentage is negotiable. In general, most lawyers charge a standard percentage, which can vary a bit depending on the lawyer, the strength of your case, and your location. You may have some room to negotiate a lower percentage if you have a strong case or are willing to take on more risk yourself.

However, be wary of lawyers who offer rates significantly below the norm. While going with the cheapest option may be tempting, a rock-bottom fee can be a red flag. It may indicate that the lawyer is inexperienced, desperate for clients, or plans to put little effort into your case. Focus on finding an attorney with a strong reputation and track record, even if their fees are higher.

Maximizing Your Recovery

Most personal injury lawyers are invested in getting you the maximum compensation possible since their fee is a percentage of your total recovery. To give your case the best chance of success, it’s important to:

• Get prompt medical treatment and follow all of your doctor’s recommendations
• Avoid giving recorded statements to insurance adjusters
• Stay off of social media, and don’t discuss your case with anyone but your lawyer
• Keep track of all accident-related costs and losses
• Contact a lawyer as soon as possible to avoid missing any important deadlines

An experienced personal injury lawyer will communicate with insurance companies on your behalf, gather evidence to build your case, hire expert witnesses if needed, and aggressively advocate for your rights through settlement negotiations or a court trial.

Understanding Case Value

Many factors go into determining the value of a personal injury case, including:

• The severity and permanence of your injuries
• Your total medical expenses
• Whether you suffered any scarring or disfigurement
• The amount of your lost income to date and expected future earnings loss
• How your injuries have impacted your quality of life
• Whether the other party’s conduct was particularly egregious
• The strength of the liability case against the defendant(s)
• The amount of available insurance coverage

Your lawyer should give you a realistic assessment of your case’s potential value, but keep in mind that there are no guarantees. Valuing a case is difficult, and settlements and verdicts can be unpredictable.

Claims Against Government Entities

If your injury claim is against a government entity or employee, special rules may apply that can impact the cost of hiring a lawyer. Sometimes, you may need to submit an administrative claim by a hard deadline before filing a lawsuit.

It’s important to consult a lawyer with specific experience handling claims against government entities to ensure you follow the proper procedures and meet all deadlines.

Personal Injury Protection (PIP) Claims

In some states, car accident injury claims may be paid by your auto insurance under your personal injury protection (PIP) coverage, regardless of who was at fault for the accident. However, if your injuries are severe, this coverage may not be enough to fully compensate you.

A personal injury lawyer can determine if you also have a claim against the at-fault driver and whether it makes sense to pursue that claim. Most offer free consultations, so getting an experienced legal opinion on your case costs nothing.

Beware of Quick Settlement Offers

After an accident, the other party’s insurance company may contact you to try to get you to accept a fast settlement. However, the initial offer is almost always a “lowball” that does not fairly compensate you for your injuries. You should never accept a settlement, sign a release, or provide a recorded statement without first consulting with a personal injury attorney.

Remember, the insurance adjuster aims to pay as little as possible on your claim. Once you accept a settlement, you cannot ask for more money later if you need additional treatment or miss more work. A lawyer can deal with the insurance company for you and make sure any settlement offer is fair and reasonable.

What If Your Case Doesn’t Settle?

The vast majority of personal injury cases are settled without a trial. However, if the other side refuses to offer a fair settlement, you may need to file a lawsuit and take your case to court to get the full compensation you deserve.

Having an experienced trial lawyer on your side can make all the difference in this situation. Look for an attorney with significant courtroom experience and a track record of success trying cases in front of a judge and jury. Keep in mind that cases that go to trial may take longer to resolve, but you may end up with a higher recovery amount.

The Importance of Acting Quickly

It’s important to consult with a personal injury lawyer as soon as possible after your accident. Waiting too long can make it harder to gather key evidence and witness testimony to support your claim. There are also strict deadlines for filing personal injury lawsuits called statutes of limitations. If you miss the deadline for your case, you will lose your right to seek compensation entirely.

Most personal injury lawyers offer free initial consultations, so getting a trusted opinion on your case costs nothing. Even if you’re not sure if you have a claim, it’s worth reaching out to a few lawyers to discuss your legal options and ensure you don’t miss any important deadlines.

What to Expect During Your Case

If you hire a personal injury lawyer, they will handle all the paperwork, evidence gathering, and legal legwork for you. The process typically involves:

• A free initial consultation to discuss your case
• Your lawyer will investigate your accident and gather evidence like police reports, medical records, income loss documentation, and witness statements
• Your lawyer may consult with medical and financial experts to get opinions on your injuries, treatment needs, and expected damages
• Your lawyer will send a demand letter to the insurance company outlining your claim and damages
• Your lawyer will negotiate with the insurance company to try to reach a fair settlement
• If a settlement cannot be reached, your lawyer will file a lawsuit and begin preparing your case for trial
• Throughout the process, you will need to focus on your medical treatment and keep your lawyer informed of any developments in your recovery

While it can take many months or even a few years to reach a resolution, having an experienced lawyer on your side can alleviate stress and allow you to focus on your health and recovery.

Choosing the Right Lawyer for You

Choosing the right personal injury lawyer can seem overwhelming, especially if you’ve never hired a lawyer before. Some tips for finding a good lawyer include:

• Look for a lawyer who focuses on personal injury cases and has experience with your specific type of case
• Check the lawyer’s track record of case results and client reviews
• Make sure the lawyer has trial experience in case your case needs to go to court
• Choose a lawyer who is responsive, communicates clearly, and makes you feel comfortable
• Consider the lawyer’s reputation in the legal community
• Confirm that the lawyer works on contingency and is upfront about all potential fees and costs

You can ask friends and family for recommendations, use online directories, or contact your local bar association for referrals. Most personal injury lawyers offer free consultations, so consider meeting with a few to find the best fit before deciding.

Don’t Wait to Contact a Personal Injury Attorney

While the cost of hiring a lawyer may seem high, most personal injury lawyers operate on a contingency fee basis, which minimizes your financial risk. Under this arrangement, the lawyer only gets compensated if they recover money for you, and their fee comes out of that recovery.

Of course, a lawyer is not a miracle worker, and there’s no way to guarantee a particular outcome in your case. However, having an experienced personal injury attorney can significantly improve your chances of getting fair compensation for your injuries and losses. With contingency fees, getting legal help for your case is attainable.

If you’ve suffered an injury in an accident caused by someone else, don’t hesitate to contact a personal injury attorney for a free consultation. Working with a knowledgeable lawyer can help ensure your rights are protected and you receive the maximum recovery possible.

Remember, every case is unique, so getting a personalized case evaluation is important. Reach out to an experienced personal injury lawyer today to learn more about your options for seeking compensation.

SCHEDULE A FREE CONSULTATION

If you’ve suffered an injury due to someone else’s negligence or wrongdoing, you may be considering filing a personal injury lawsuit to seek compensation for your damages. One of the first questions many people have is: how long will the process take? The answer depends on various factors, but personal injury lawsuits generally take several months to a few years to resolve.

Let’s go over the timeline of a typical personal injury case and discuss the key factors that can impact how long your case may take. If you’re looking for guidance on your specific situation, it’s best to consult an experienced personal injury lawyer who can evaluate your case and give you a more precise estimate.

The key thing to remember is that patience is key during the personal injury process. Even if your case takes longer than you expected, it’s likely because your Madison personal injury lawyer is fighting for maximum compensation.

SCHEDULE A FREE CONSULTATION

Seeking Medical Treatment

The priority after sustaining an injury should be to seek appropriate medical care. Even if your injuries seem minor initially, getting checked out by a doctor as soon as possible is important. Some injuries, like concussions or soft tissue damage, may not be immediately apparent but can lead to chronic issues if left untreated. Additionally, promptly seeking medical attention helps establish a clear link between the accident and your injuries, which is beneficial for any personal injury claim.

Depending on the severity of your injuries, your treatment may be fairly brief, or it can be an ongoing process. For example, a sprained ankle might require a few weeks of rest, ice, and physical therapy.

More serious injuries, like spinal cord damage or traumatic brain injuries, can necessitate surgeries, lengthy rehabilitation, and lifelong care. Your personal injury lawyer will need to wait until you’ve reached maximum medical improvement (MMI) before they can comprehensively evaluate your damages. MMI means that your condition has stabilized and is unlikely to improve further with additional treatment.

Investigating and Building Your Case

While you focus on your physical recovery, your personal injury attorney will work diligently to investigate the accident, gather evidence, and build a strong case. This process can take several weeks to a few months, depending on the complexity of your case and how readily available the evidence is.

Your lawyer will start by obtaining a copy of the official accident report if one exists. Your attorney will also gather your medical records and bills related to the accident, as these help paint a picture of the extent of your injuries and the costs you’ve incurred. If there were eyewitnesses to the accident, your attorney will try to track them down and get their statements. In some cases, expert witness testimony from accident reconstructionist, medical professionals, or other specialists may be necessary to prove liability or damages.

If your accident was caught on surveillance footage or dashcam video, your lawyer will work to obtain a copy of the video evidence. In premises liability cases, like slips and falls, your attorney may need to investigate the property owner’s maintenance records and policies. For defective product cases, your lawyer must research the product’s design, manufacturing, and any prior complaints or lawsuits.

Throughout the investigation process, your personal injury lawyer will also assess your case’s potential value. They will consider factors like the severity of your injuries, the length of your recovery, any long-term impacts on your health and earning capacity, and the strength of the liability case against the defendant(s). This valuation helps inform your lawyer’s negotiation strategy and gives you a sense of what a fair settlement might look like.

Negotiating with Insurance Companies

In most personal injury cases, your lawyer will first attempt to negotiate a settlement with the at-fault party’s insurance company before filing a lawsuit. This process can take a few weeks to several months, depending on the insurer’s responsiveness and the complexity of the case.

Your attorney will draft a demand letter to the insurance company outlining the facts of the case, the extent of your injuries and damages, and the compensation you seek. The insurance adjuster will review the demand and respond with an initial settlement offer, usually much lower than the amount demanded.

From there, your lawyer and the adjuster will participate in back-and-forth negotiations, each making counteroffers until they can reach an agreement. These negotiations can take some time, as your attorney must review each offer, discuss it with you, and decide on the appropriate response.

Sometimes, the insurance company may refuse to make a fair settlement offer, dispute liability, or try to shift blame onto you. If a settlement can’t be reached through negotiations, your personal injury lawyer may recommend filing a lawsuit to pursue the compensation you deserve.

Filing a Lawsuit

If your personal injury case can’t be resolved through settlement negotiations, the next step is to file a lawsuit. This involves drafting a complaint that lays out the facts of the accident, the legal basis for holding the defendant(s) liable, and the damages you are seeking. Your attorney will file the complaint with the appropriate court and serve it on the defendant(s).

In most states, the statute of limitations for personal injury lawsuits is two to three years from the date of the injury. This means you have a limited window to file your lawsuit or risk losing your right to seek compensation through the court system.

Once the lawsuit gets filed, the defendant(s) will have a certain amount of time (usually 30 days) to file an answer to the complaint. The answer will typically deny liability and raise any defenses the defendant(s) plan to use.

Discovery Phase

After the complaint and answer are filed, the case enters the discovery phase. This is the period where both sides exchange information and evidence related to the case. Depending on the complexity of the case and the level of cooperation between the parties, the discovery process can take several months to a year or more.

During discovery, your personal injury lawyer will use various tools to gather information from the defendant(s), including:

• Interrogatories: Written questions the defendant(s) must answer under oath.
• Requests for Production: Demands for the defendant(s) to provide relevant documents, such as maintenance records, internal communications, or surveillance footage.
• Depositions: Oral testimony given under oath by parties and witnesses in the case. Your lawyer will have the opportunity to question the defendant(s) and any hostile witnesses, while the defense attorney will likely depose you and your supporting witnesses.
• Subpoenas: Legal orders compelling third parties, such as banks or medical providers, to produce relevant records.

The discovery phase is key to building a strong case and uncovering evidence that may not have been available during the initial investigation. It’s also an opportunity for your personal injury attorney to assess the strength of the defendant’s case and identify any weaknesses to exploit at trial.

As discovery progresses, both sides will better understand the case’s strengths and weaknesses. This often spurs settlement negotiations, as the parties may be more motivated to resolve before incurring the costs and uncertainties of a trial. Sometimes, the judge may order the parties to participate in mediation or a settlement conference to encourage an out-of-court resolution.

Pre-Trial Motions and Hearings

The case will enter the pre-trial stage as the discovery phase winds down. During this time, both sides will file various motions and attend hearings to resolve disputes and narrow down the issues for trial.

Common pre-trial motions in personal injury cases include:

• Motions to Compel: If one side fails to provide requested information or documents during discovery, the other side can file a motion asking the court to order compliance.
• Motions for Summary Judgment: The defendant(s) may file a motion arguing that there are no disputed facts and that they are entitled to judgment as a matter of law. This motion can effectively end the case in the defendant’s favor without a trial if granted.
• Motions in Limine: These motions seek to exclude certain evidence, such as irrelevant or prejudicial information, from being presented at trial.

The pre-trial stage can take several months, depending on the court’s schedule and the complexity of the issues involved. During this time, your personal injury lawyer will work hard to build the strongest possible case for trial while continuing to explore settlement opportunities.

Trial

Your personal injury case will proceed to trial if a settlement can’t be reached. The length of the trial will depend on factors like the complexity of the case, the number of witnesses, and the court’s schedule. A simple case may be resolved in a day or two, while a more complex case can take several weeks.

At trial, your personal injury lawyer will present your case to a judge or jury, calling witnesses and introducing evidence to support your claim. The defendant’s attorney can cross-examine your witnesses and present their case. After both sides have presented their arguments, the judge or jury will deliberate and render a verdict.

If the verdict is in your favor, the judge will enter a judgment specifying the amount of damages you are entitled to receive. However, the case may not end there. The defendant may file post-trial motions challenging the verdict or the damages award. If these motions are denied, the defendant may file an appeal, which can delay the resolution of your case by several more months or even years.

Collecting Your Judgment

If you prevail at trial and the defendant exhausts their appeals, you will be entitled to collect the damages awarded by the court. Sometimes, the defendant may simply write a check for the full amount. However, if the defendant refuses to pay or claims an inability to pay, you may need to take further legal action to enforce the judgment.

Your personal injury attorney can explore your options for collecting your judgment, which may include:

• Wage garnishment: If the defendant is employed, you may have to garnish their wages until the judgment is satisfied.
• Property liens: You may place a lien on the defendant’s real estate or personal property, which can prevent them from selling or transferring the assets until your judgment is paid.
• Asset seizure: In some cases, you can obtain a court order to seize the defendant’s bank accounts, vehicles, or other assets to satisfy the judgment.

Consult with an Experienced Personal Injury Lawyer

The length of a personal injury lawsuit can vary widely depending on the specific circumstances of your case. While some cases may be resolved in months, others can take years to reach a final resolution. Factors like case complexity, the defendant’s cooperation, court schedules, and appeals can all impact the timeline.

If you’ve suffered an injury due to someone else’s negligence, the most important step you can take is to consult with an experienced personal injury lawyer. An attorney can evaluate your case, explain your legal options, and work to secure the compensation you need to move forward with your life.

Don’t try to go through the legal system on your own. Contact a skilled personal injury attorney today to discuss your case.

SCHEDULE A FREE CONSULTATION

If you’ve suffered an injury in an accident that wasn’t your fault, choosing the right personal injury lawyer to represent you is one of the most important decisions you’ll make. The lawyer you hire can make a big difference in the outcome of your case and the compensation you ultimately receive. Let’s go over what to look for when selecting a personal injury attorney and provide tips to help you find the best fit for your needs.

SCHEDULE A FREE CONSULTATION

Why Hire a Personal Injury Lawyer?

Before we get into how to choose a personal injury lawyer, let’s discuss why you should strongly consider hiring one in the first place:

• Knowledge of the law: Personal injury law can be complicated. A good personal injury attorney will have in-depth knowledge of the relevant laws and procedures. They can determine the strength of your case and develop the best legal strategy.
• Experience dealing with insurance companies: Insurance companies often try to pay as little as possible on claims. An experienced personal injury lawyer knows their tactics and how to effectively negotiate with them on your behalf.
• Access to resources: Building a strong case may require expert witnesses, accident reconstruction, medical record analysis, and more. An established personal injury law firm will have the resources to thoroughly investigate your case and gather key evidence.
• Contingency fee basis: Most personal injury lawyers work on contingency, meaning they only get paid if they win money for you. There are no upfront fees, so anyone can afford quality representation.
• Peace of mind: Dealing with a serious injury is stressful enough. A trusted personal injury attorney lets you focus on your health and family while they handle the legal process and fight for the compensation you deserve.

Don’t underestimate the difference that hiring the right lawyer can make. Research shows that people represented by personal injury attorneys typically recover significantly more than those who try to handle their claims on their own. It pays to have an experienced professional in your corner.

When to Hire a Personal Injury Lawyer

Ideally, you should consult with a personal injury lawyer as soon as possible after your accident. Important evidence needs to be preserved, and there are deadlines for filing personal injury claims.

You especially need to contact an attorney right away if:

• You suffered severe injuries, or someone died in the accident
• Liability is unclear or being disputed by the other party
• The insurance company is denying your claim or making a lowball settlement offer
• The accident happened in a work or construction zone
• A defective product may have contributed to your injuries
• The other party doesn’t have insurance or has inadequate coverage

Remember, most personal injury lawyers offer free consultations and work on contingency. You have nothing to lose by discussing your situation with an attorney to understand your options. The sooner you get legal representation, the better protected your rights will be.

What to Look for in a Personal Injury Lawyer

Now that we’ve covered why and when to hire a personal injury attorney, here are the key things to look for when choosing one:

Focus on Personal Injury Law

Personal injury law is a highly specialized field. You want an attorney who focuses primarily on these types of cases, not someone who is a jack of all trades. An attorney who focuses on personal injury will have more relevant knowledge and experience to draw upon. They’ll also be current on the latest personal injury legislation and case law developments.

Ask prospective attorneys what percentage of their practice is devoted to personal injury. Do they mostly handle car accident cases or other case types? Have they handled cases similar to yours? The more experience a lawyer has with your specific type of case, the better equipped they’ll be to get you the best outcome.

Strong Track Record

Of course, experience alone doesn’t tell you much if you don’t know the quality of an attorney’s work. Look for a personal injury lawyer with a solid history of success in handling cases like yours. While past results don’t guarantee a particular outcome, they indicate that an attorney can build strong cases and get real results for their clients.

Most personal injury law firm websites have a page highlighting significant case results or testimonials from satisfied clients. You can also find third-party reviews of lawyers you are considering. Don’t just focus on the settlement or verdict dollar amount – also pay attention to what former clients say about the attorney’s skills, dedication, and client service.

Trial Experience

The vast majority of personal injury cases are settled out of court. However, if a fair agreement can’t be reached, you need an attorney fully prepared to take your case to trial. Some lawyers quickly accept lowball offers to avoid a trial at all costs. You want someone who will fight for full value in settlement negotiations but has the experience and skill to present a compelling case to a jury if needed.

Ask the law firms you are considering about their track record of case results, specifically what percentage of their cases are settled vs. going to trial. An attorney with a strong reputation as a trial lawyer is likelier to motivate an insurance company or defendant to settle on favorable terms to avoid facing them in court. If your case does need to go before a jury, you’ll be glad to have a seasoned litigator in your corner.

Resources to Invest in Your Case

Building a strong personal injury case takes a lot of work. Accident scenes need to be thoroughly investigated. Police and medical records need to be tracked down and analyzed. Expert witnesses may need to be hired to provide testimony on accident reconstruction, medical prognosis, economic losses, and more. All of this requires significant financial resources in addition to time and effort.

Unfortunately, some personal injury lawyers run a volume business and don’t invest adequate resources to build the strongest case for each client. They can quickly move on to their next case by accepting the first settlement offer.

You want to choose a law firm with the resources and willingness to invest in doing everything possible to build a compelling case for you. Find out what experts they typically work with and what their process is for case prep and investigation. The stronger your case, the better positioned you’ll be to obtain the full and fair compensation you deserve.

Personal Connection and Accessibility

Personal injury cases can take months or even years to resolve. You will be working closely with your lawyer throughout the process. You should always have a positive rapport and feel comfortable with your attorney. Since you’ll be relying on your lawyer to make important decisions on your behalf, you need to have full trust and confidence in them.

During your initial consultation, pay attention to how well the attorney listens to you and seems to understand your situation. Do they give you their full attention and explain things in a way you can understand? Or do you feel rushed and talked down to? Go with your gut – if something feels off, they may not be the right fit for you.

In addition to personal chemistry, accessibility, and communication style should be considered. Some people want to reach their lawyer directly, while others are fine dealing mostly with a paralegal or associate and getting periodic updates from the lead attorney. Ask about the lawyer’s communication and client service policies. Find out who you will be interacting with and how often you can expect updates.

Depending on your personality and preferences, you may be willing to sacrifice some responsiveness for a busier attorney with more experience. Or you may prioritize finding a lawyer who will give you a lot of personal attention, even if they are earlier in their career. Just make sure you understand what to expect regarding accessibility and communication so there aren’t mismatched expectations down the road.

Disciplinary History

As part of your due diligence, determine whether a prospective personal injury attorney has been subject to any disciplinary actions. Each state bar has an attorney discipline system and makes information about disciplinary history available to the public, typically through an online portal on their website.

Isolated complaints aren’t necessarily a red flag, as even good attorneys can have a misunderstanding with a client. But be wary of a lawyer with a pattern of disciplinary issues or serious infractions like misusing client funds. You should feel confident that your attorney will represent you ethically and always act in your best interest.

What to Expect During Your Case

Once you’ve chosen your personal injury lawyer, they will guide you through every step of the legal process. They will handle all communications with insurance companies and opposing attorneys on your behalf. They will gather evidence like accident reports, medical records, and witness statements. They will retain well-qualified experts if expert witness testimony is needed to prove liability or damages.

Throughout the process, your main job is to focus on your medical treatment and recovery. Keep your attorney updated on your treatment and progress. Be open and honest with your attorney, even about facts you think may harm your case. The more your lawyer knows, the better prepared they will be to anticipate challenges and build the strongest case for you.

Most personal injury cases are settled before trial through negotiations between the attorneys. A good lawyer will work diligently to make a strong case for your full damages and negotiate aggressively. They won’t settle without your approval and will give you honest advice about whether an offer is fair or if you should take your case to court.

If your case doesn’t settle and a lawsuit becomes necessary, your attorney will be your advocate at every stage, from filing a formal complaint to conducting discovery to presenting your case to a judge and jury. Fortunately, most personal injury trials are completed within a few days. Throughout the litigation process, your lawyer will keep you informed and consult with you on all major decisions in your case so you can make informed choices.

Hire a Personal Injury Lawyer to Receive the Full Compensation You Deserve

Suffering a personal injury due to someone else’s negligence is often life-changing. The financial losses alone can place a huge burden on you and your household, and many injuries have intangible effects on your life for years.

You shouldn’t have to go through the legal system on your own while trying to recover and put your life back together. The good news is you don’t have to, as the right personal injury attorney is out there to support you.

If you or a loved one has suffered an injury, the single most important decision you can make is to hire a skilled personal injury attorney you can trust to fight for your rights and the full compensation you are owed. Reach out today for a free, no-obligation consultation.

SCHEDULE A FREE CONSULTATION

Ridesharing services like Uber and Lyft have become increasingly popular in recent years, offering a convenient and affordable alternative to traditional taxis.

However, accidents involving Uber and Lyft vehicles can still happen, leaving passengers, drivers, and other road users injured and facing significant financial losses.

If you find yourself in this situation, you may wonder about your legal rights and whether you can file a lawsuit to seek compensation for your damages.

An experienced car accident attorney can clarify your options and guide you through the legal process to protect your rights every step of the way.

SCHEDULE A FREE CONSULTATION

Understanding the Legal Landscape

Before we dive into the specifics of filing a lawsuit, it’s important to understand the legal landscape surrounding Uber and Lyft accidents. These companies are classified as transportation network companies (TNCs) and are subject to regulations different from those of traditional taxi services.

Uber and Lyft typically provide three levels of insurance coverage for their drivers:

• When the driver is not logged into the app and cannot accept rides, their auto insurance policy applies.
• When the driver is logged into the app and available to accept rides but has not yet accepted a ride request, Uber and Lyft provide liability coverage. This coverage kicks in if the driver’s insurance does not apply or is too small to cover the damages.
• When the driver has already accepted a ride request and is on the way to pick up or transport the passenger, Lyft and Uber provide more coverage. It typically includes up to one million dollars in liability per accident.

These insurance policies cover the driver’s liability to third parties, such as passengers or other road users. If you’re an Uber or Lyft vehicle passenger injured in an accident, the company’s insurance policy may cover you.

However, if you are a driver or a third party, you may need to rely on your insurance coverage or file a lawsuit to seek compensation for your damages.

Determining Liability in an Uber or Lyft Accident

To successfully file a lawsuit after an Uber or Lyft accident, you must determine who is liable for your injuries and damages. This can involve multiple parties, including the Uber or Lyft driver, the ridesharing company, and other motorists or pedestrians.

Generally, liability in an Uber or Lyft accident will depend on the case’s circumstances. Some common scenarios include:

The Uber or Lyft Driver is at Fault

If the driver’s negligence caused the accident, such as speeding, running a red light, or driving while distracted, they may need to pay for your damages. Depending on the driver’s status during the accident, you can file a claim against the driver’s personal or ridesharing company’s insurance policy.

Another Motorist is At Fault

If another driver caused the accident, such as by rear-ending the Uber or Lyft vehicle, you can file a claim against that driver’s insurance policy. Your car accident lawyer will guide you through this process, ensuring that you pursue the compensation you deserve for your injuries and losses.

The Ridesharing Company is At Fault

In rare cases, the ridesharing company may be liable for an accident, such as if it failed to properly screen or train its drivers or allowed a driver with a known history of reckless behavior to continue operating on the platform.

To determine liability in your case, you’ll need to gather evidence from the accident scene, including photos of the damage, witness statements, and police reports. You may also need to consult an experienced car accident attorney who can investigate the accident and build a strong compensation case.

File a Complaint

Once your car accident lawyer has gathered sufficient evidence to support your claim, they will file a complaint with the appropriate court, outlining the facts of the case, the involved parties, and the legal basis for your claim. This initiates the formal legal process and sets the stage for further proceedings in your case.

Serving the Defendant

After filing the complaint, your attorney will serve copies of the complaint and a summons on the defendant, which may be the Uber or Lyft driver, the ridesharing company, or another party involved in the accident.

Await a Response

After the complaint, the defendant will have time to respond, typically by filing an answer or a motion to dismiss. Stay informed about these proceedings and work closely with your attorney to navigate the legal process effectively. Your attorney can guide you on proceeding based on the defendant’s response and work diligently to protect your interests throughout the case.

Discovery

If the case proceeds, both sides will engage in discovery, exchanging information and evidence relevant to the case. This may involve depositions, interrogatories, and requests for documents.

Attempt to Settle

Many Uber and Lyft accident cases resolve through settlement negotiations, in which the parties agree to a mutually acceptable resolution without going to trial.

Your attorney will work to negotiate a fair settlement on your behalf, considering the full extent of your damages, including medical expenses, lost income, and pain and suffering.

Go to Trial

If parties cannot settle, the case may proceed to trial, where a judge or jury will hear evidence and arguments from both sides and render a decision. Your attorney will represent you throughout the trial, presenting evidence and making legal arguments.

The timeline for a lawsuit can vary widely depending on the case’s complexity and the jurisdiction where it proceeds. Some cases may resolve within a few months, while others may take years. Your car accident lawyer can give you a more specific estimate based on the facts of your case.

Damages in an Uber or Lyft Accident Lawsuit

If you’re considering filing a lawsuit after an Uber or Lyft accident, one of your primary concerns may be the types of damages you can recover. Damages in a personal injury lawsuit aim to compensate you for the losses incurred due to the accident, encompassing economic and non-economic aspects.

Some common types of damages in an Uber or Lyft accident lawsuit may include:

Medical Expenses

One of the primary types of damages you can recover in an Uber or Lyft accident lawsuit is compensation for your medical expenses.

This includes all costs related to the treatment of your injuries, such as:

• Emergency room visits
• Ambulance transportation
• Hospital stays
• Surgeries
• Diagnostic tests (e.g., X-rays, MRIs)
• Medication
• Physical therapy and rehabilitation
• Medical equipment (e.g., crutches, wheelchairs)
• In-home care services

Keep detailed medical expense records, including bills, receipts, and insurance statements. Your attorney will use this documentation to establish your damages and pursue full compensation on your behalf.

In addition to your current medical expenses, you can also recover compensation for future medical costs related to the accident. This is particularly important if you have suffered a severe or permanent injury that will require ongoing treatment or care.

Your attorney may work with medical professionals to estimate the cost of your future medical needs and include this in your claim for damages.

Lost Income

Losing income is another significant damage in an Uber or Lyft accident lawsuit. If your injuries stop you from working, you can recover pay for your lost income.

Lost income damages can include:

• Income lost while you were recovering from your injuries
• Income lost due to medical appointments or treatment
• Bonuses, commissions, or other income you may have earned
• Benefits, such as health insurance or retirement contributions
• Future lost earning capacity if your injuries have impacted your ability to work in the future

You must provide documentation such as pay stubs, tax returns, and employer statements to prove your lost income damages. Your attorney may also work with economic professionals to calculate the full extent of your lost earning capacity, considering factors such as age, education, and work experience.

Pain and Suffering

In addition to economic damages like medical expenses and lost income, you can also recover non-economic damages for your pain and suffering from the Uber or Lyft accident. Pain and suffering damages compensate you for the physical pain, emotional distress, and the overall impact the accident has had on your quality of life.

Some examples of pain and suffering damages may include:

• Physical pain and discomfort
• Emotional trauma, such as anxiety, depression, or post-traumatic stress disorder (PTSD)
• Loss of enjoyment of life
• Disfigurement or scarring
• Loss of companionship or consortium (in cases involving the death of a loved one)

Pain and suffering damages can be more difficult to quantify than economic damages, as no clear monetary value is associated with these losses.

However, your attorney will work to gather evidence of the extent of your pain and suffering, such as medical records, mental health evaluations, and testimony from family and friends, to support your claim for non-economic damages.

Punitive Damages

In rare cases, you can recover punitive damages in an Uber or Lyft accident lawsuit. Compensatory damages pay you for your losses. Punitive damages punish the defendant. They punish them for very negligent or reckless behavior and to stop others from doing the same.

To be eligible for punitive damages, you must show that the defendant acted with malice, oppression, or fraud. This may include cases where the Uber or Lyft driver was under the influence of drugs or alcohol, engaged in excessive speeding or other reckless driving behaviors, or intentionally caused harm.

Punitive damages are awarded at the court’s discretion and unavailable in all cases. Your attorney can advise you on whether punitive damages may be appropriate in your specific situation and guide you in building a case to support this award.

Contact a Car Accident Lawyer

Being involved in an Uber or Lyft accident can be a traumatic and overwhelming experience, but you don’t have to face the legal process alone. An experienced car accident attorney can protect your rights and pursue the compensation you deserve for your injuries and losses.

If you’ve suffered an injury in an Uber/Lyft accident, don’t wait a second longer to seek legal advice as soon as possible. An attorney can guide you through the complex legal landscape surrounding ridesharing accidents and advocate for your interests every step of the way.

Filing a lawsuit is just one option after an Uber or Lyft accident. Depending on the circumstances of your case, your attorney can also aid in seeking a settlement with a ridesharing company or a driver’s insurance company.

The most important thing is to take action to protect your rights and seek the compensation you need to move forward with your life. After an Uber or Lyft accident, contact an experienced car accident attorney today to discuss your case and explore your legal options.

With the right legal representation, you can hold the responsible parties accountable and pursue the compensation you deserve for your injuries and losses.

Don’t allow an Uber or Lyft accident to disrupt your life – act now and seek the assistance you need to move forward with confidence and peace of mind. A skilled personal injury attorney can guide you through the complexities of the legal process and advocate for your rights every step of the way.

SCHEDULE A FREE CONSULTATION

If you or someone you love has suffered an injury by a drunk driver in Wisconsin, you may be wondering about your legal options. While you can seek compensation from the drunk driver who caused the accident, did you know that you can also hold the bar, restaurant, or other establishment that served the driver alcohol responsibly

This is known as “dram shop liability,” and it is an important concept to understand if you have been affected by drunk driving in Wisconsin. It is also a highly complicated legal principle, so you should always have a Madison drunk driving accident lawyer evaluate your situation and how the law might apply.

SCHEDULE A FREE CONSULTATION

Wisconsin’s Dram Shop Law

Wisconsin’s dram shop law is found in Wisconsin Statutes section 125.035. This law applies to both commercial establishments and social hosts who provide alcohol to others. The law begins by stating a general rule that there is no liability for selling, dispensing, or giving away alcoholic beverages to another person. However, there are two exceptions to this general rule:

1. When the provider forces another person to consume alcohol or represents that the beverage does not contain alcohol (Wis. Stat. § 125.035(3)).
2. When the provider serves alcohol to an underage person (someone under the age of 21) (Wis. Stat. § 125.035(4)).

If either of these exceptions apply, the person or entity that provided the alcohol may be held liable for any damages or injuries caused by the intoxicated person. Your drunk driving accident attorney can identify when one of these applies to your case.

Damages Available Under Wisconsin’s Dram Shop Law

If a victim can establish that a bar or restaurant is liable under Wisconsin’s dram shop law, they can recover damages. These can include:

Medical Expenses Related to Drunk Driving Accident Injuries

One of the most significant types of damages that victims of drunk driving accidents can recover under Wisconsin’s Dram shop law is compensation for their medical expenses. Drunk driving accidents often result in serious injuries that require extensive medical treatment, including emergency room visits, hospitalizations, surgeries, and rehabilitation.

Victims can recover compensation for all of their accident-related medical expenses, including:

• Ambulance and emergency room fees
• Hospital bills
• Doctor and specialty visits
• Prescription medications
• Medical equipment and devices
• Physical therapy and rehabilitation
• Mental health counseling and therapy
• Home health care and assistance
• Future medical expenses related to ongoing care and treatment

You should always keep detailed records of all medical expenses related to the accident, including bills, receipts, and insurance statements. These documents will be important evidence in establishing the damages you are entitled to recover.

In addition to out-of-pocket expenses, victims can also recover compensation for any health insurance copays or deductibles they incurred due to the accident. In some cases, victims can also recover the cost of transportation to and from medical appointments.

An experienced drunk driving accident attorney can assist in gathering and organizing your medical records and bills and work with medical professionals to determine the full extent of your accident-related expenses. An attorney can also aid you in pursuing compensation for any future medical expenses you may incur due to your injuries.

Lost Income Due to Drunk Driving Accident Injuries

In addition to medical expenses, victims of drunk driving accidents can also recover compensation for any income they lost as a result of their injuries. Serious injuries can often prevent victims from returning to work for an extended period, leading to significant financial losses.

Under Wisconsin’s dram shop law, victims can recover compensation for:

• Income lost during time off work for medical treatment and recovery
• Bonuses, commissions, and other compensation lost due to missed work
• Vacation time, sick leave, and personal days used during recovery
• Reduced earning capacity due to permanent injuries or disabilities

To recover lost income, victims must typically provide documentation of their employment and earnings, such as pay stubs, tax returns, and employer statements. They may also need to provide medical documentation showing the extent of their injuries and the time off work required for treatment and recovery.

In some cases, victims can recover compensation for future lost earnings if their injuries result in a permanent disability or reduced earning capacity. This can be a complicated calculation that takes into account factors such as the victim’s age, education, work experience, and pre-injury earnings.

An experienced drunk driving accident lawyer can gather the necessary documentation to support your lost income claim and collaborate with economic professionals to determine the full extent of your financial losses.

Pain and Suffering Damages in Drunk Driving Accident Cases

In addition to economic damages like medical expenses and lost income, victims of drunk driving accidents can also recover non-economic damages for their pain and suffering. Pain and suffering damages compensate victims for the physical and emotional distress caused by their injuries.

Examples of pain and suffering damages that may be recoverable in a drunk driving accident case include:

• Physical pain and discomfort
• Emotional distress, anxiety, and depression
• Loss of enjoyment of life
• Disfigurement or scarring
• Disability or loss of function
• Loss of consortium (damage to the victim’s relationship with their spouse or partner)

Assessing pain and suffering damages can be more challenging than quantifying economic damages like medical expenses and lost income because these losses lack a clear monetary value. Instead, the amount of pain and suffering damages awarded will depend on factors such as:

• The severity and duration of the victim’s injuries
• The impact of the injuries on the victim’s daily life and activities
• The emotional trauma and distress caused by the accident and injuries
• The need for ongoing medical treatment and therapy

In some cases, professional testimony from medical professionals and mental health professionals may be necessary to establish the extent of your pain and suffering.

Remember to note that Wisconsin’s dram shop law limits the total amount of damages a person can recover from an establishment, including pain and suffering. The cap is $500,000 for all claims arising out of one incident.

An experienced drunk driving accident attorney can help build a strong case for pain and suffering damages and work to maximize your recovery within the limits of Wisconsin’s dram shop law.

Property Damage in Drunk Driving Accident Cases

In addition to personal injuries, drunk driving accidents can also cause significant damage to a victim’s vehicle and other personal property. Under Wisconsin’s dram shop law, victims can recover compensation for this property damage from the establishment that served the drunk driver.

Examples of property damage that may be recoverable in a drunk driving accident case include:

• Damage to the victim’s vehicle, including repair or replacement costs
• Damage to personal property inside the vehicle, such as electronics, clothing, or luggage
• Damage to other personal property, such as a bicycle or motorcycle
• Towing and storage fees for the damaged vehicle
• Rental car expenses while the victim’s vehicle is being repaired or replaced

To recover property damage under Wisconsin’s dram shop law, victims must provide documentation of the damage and repair or replacement costs. This may include:

• Photos of the damaged property
• Repair estimates or bills
• Receipts for rental cars or other related expenses
• Insurance statements or appraisals

In some cases, the establishment’s insurance company may try to dispute the extent of the damage or the repair costs. An experienced drunk driving accident lawyer can gather the necessary evidence to support your claim and negotiate with the insurance company for a fair settlement.

It’s worth noting that property damage claims are typically separate from personal injury claims and may be subject to different deadlines and procedures. An attorney can pursue both types of claims for you and ensure that you receive the full compensation you are entitled to under Wisconsin’s Dram Shop law.

Seeking Compensation for Drunk Driving Accident Damages

If you or a loved one has suffered an injury in a drunk driving accident in Wisconsin, understand your legal rights and options for seeking compensation. Wisconsin’s dram shop law provides a valuable tool for holding establishments accountable for overserving patrons or serving underage drinkers. It can help victims recover the damages they need to advance their lives.

However, pursuing a dram shop liability claim can be a challenging process. Establishments and their insurance companies may try to deny liability or minimize the extent of the victim’s damages. That’s why collaborating with an experienced drunk driving accident attorney is so important.

If you’ve been affected by a drunk driving accident in Wisconsin, don’t wait to seek legal help. Schedule a free consultation with a Wisconsin Dram shop liability attorney today to discuss your case and receive a thorough evaluation. An attorney can review the facts of your case, explain your legal options, and take the first steps toward obtaining the justice and compensation you need to move forward with your life.

In cases where the drunk driver caused a fatality, the victim’s family can also recover wrongful death damages, including funeral and burial expenses, loss of financial support, and loss of companionship.

Defenses to Dram Shop Liability

While Wisconsin’s dram shop law provides an important avenue for victims of drunk driving accidents to seek compensation, there are also several defenses that bars and restaurants can raise to avoid liability. These include:

• The patron had not consumed alcohol when they received drinks
• The establishment did not know and had no reason to know that the patron was underage or intoxicated
• The patron’s intoxication was not a substantial factor in causing the accident or injuries
• The victim’s negligence contributed to their injuries

Bars and restaurants may also try to shift blame to the drunk driver or argue that they took reasonable steps to prevent the patron from becoming intoxicated or driving while under the influence.

What to Do If You’ve Been Injured by a Drunk Driver

If you or a loved one has suffered an injury from a drunk driver in Wisconsin, take steps to protect your legal rights. Here are some things you should do:

• Seek medical attention for your injuries and follow all treatment recommendations from your doctor.
• Report the accident to the police and obtain a copy of the accident report.
• Gather evidence from the accident scene, including photos of the damage to your vehicle and any visible injuries.
• Get contact information from any witnesses who saw the accident happen.
• Contact an experienced drunk driving accident attorney who can investigate the accident and determine whether you have a valid dram shop liability claim.

Holding Bars and Restaurants Accountable

Drunk driving accidents are all too common in Wisconsin and across the country. These accidents can have devastating consequences, including serious injuries, permanent disabilities, and even death. While the drunk driver is ultimately responsible for their actions, Wisconsin’s dram shop law recognizes that bars and restaurants also have a responsibility to prevent their patrons from becoming dangerously intoxicated.

By holding establishments accountable for overserving patrons or serving underage drinkers, dram shop liability laws can help prevent drunk driving accidents and ensure that victims have a means of seeking compensation for their losses.

If you or someone you love has been affected by a drunk driving accident in Wisconsin, don’t hesitate to seek legal help. An experienced Wisconsin personal injury lawyer can review your case, explain your legal options, and pursue the compensation you deserve.

SCHEDULE A FREE CONSULTATION

Intersections are some of the most common places where car accidents occur. Whether it’s a busy city intersection or a quiet rural crossing, the risk for collisions increases anywhere two or more roads meet.

If you suffered injuries when another driver hit you at an intersection, consult a car accident lawyer about your rights and options immediately.

SCHEDULE A FREE CONSULTATION

Why Are Intersections So Dangerous?

There are a few key reasons why accidents are more likely to happen at intersections compared to other parts of the road:

Crossing Paths

Intersections facilitate crossing paths for vehicles traveling in different directions, but this also creates a high-risk environment for collisions.

Whenever cars need to traverse perpendicular to traffic flow, the potential for accidents increases dramatically. This is because drivers must pay attention to the vehicles in front of and behind them and those coming from the side streets.

At a four-way intersection, there are 32 possible points of conflict where vehicles can collide. Even at a simple T-intersection, there are 11 potential conflict points. The more lanes of traffic and the higher the speed limit, the greater the risk of a serious crash.

Turning Accidents at Intersections

Turning movements are another common cause of intersection accidents, particularly when drivers make left turns across oncoming traffic. Left-turn accidents account for nearly half of all intersection collisions.

Left turns are so dangerous because they require drivers to judge the speed and distance of oncoming vehicles while also watching for pedestrians and cyclists crossing the street. If a driver misjudges the gap in traffic or fails to yield the right-of-way, they can easily cause a serious collision.

Right turns can also lead to accidents, especially when drivers turn on red or fail to check their blind spot for pedestrians and cyclists. Pedestrians have the right-of-way in marked crosswalks, and drivers must yield to them before turning.

Unclear Right-of-Way at Intersections

At intersections not controlled by traffic lights, drivers might not know who has the right-of-way. This confusion can lead to accidents when drivers proceed through the intersection simultaneously, assuming they have the right-of-way.

Drivers may not always follow the rules, even at intersections with stop signs. Some may roll through the stop sign without coming to a complete stop, while others may not see the sign at all. In a four-way stop situation, drivers may not know the proper order for proceeding, leading to collisions.

Impatience and Distraction

Busy intersections can be frustrating for drivers, especially during rush hour when heavy traffic and wait times are long. This can lead to impatience and risk-taking behaviors like running red lights, rolling through stop signs, or making unsafe turns.

Distracted driving is also a major contributor to intersection accidents. When drivers are preoccupied with their phones, passengers, or other distractions, they may not notice vehicles or pedestrians entering the intersection until it is too late to avoid a crash.

Pedestrians and Cyclists at Intersections

While most intersection accidents involve two or more vehicles, pedestrians and cyclists risk being struck by turning vehicles.

Pedestrians are particularly vulnerable when crossing at marked crosswalks, where they have the right-of-way but may not be seen by turning drivers. Cyclists are at risk when traveling through intersections with the flow of traffic, as drivers may not expect them or may not see them in their blind spots.

To protect pedestrians and cyclists at intersections, drivers must be extra cautious when making turns and always yield the right-of-way when the law requires it. They should also scan the crosswalks and bike lanes before proceeding and be prepared to stop suddenly if a pedestrian or cyclist enters the intersection unexpectedly.

Poor Visibility

Poor visibility is another major contributor to intersection accidents, making it difficult for drivers to see other vehicles, pedestrians, and cyclists entering the intersection.

This may result from various factors, such as:

• Parked cars or other obstacles blocking the view of the intersection
• Buildings or trees obscuring the line of sight
• Overgrown vegetation or landscaping
• Adverse weather conditions like fog, rain, or snow
• Glare from the sun or headlights
• Inadequate street lighting at night

When visibility is poor, drivers must take extra precautions when approaching an intersection. This means slowing down, scanning the road ahead, and preparing to stop suddenly if another vehicle or pedestrian unexpectedly enters the intersection.

Drivers should also activate their headlights and wipers when visibility is low and refrain from driving if conditions are too hazardous. If they must drive in poor visibility, they should increase their following distance and be extra cautious when making turns or changing lanes.

The Importance of Seeking Legal Help After an Intersection Accident

If you or a loved one has suffered an injury in an intersection accident, seek legal help as soon as possible.

Intersection accidents can be complicated, as multiple parties may be involved and conflicting accounts of what happened. A car accident attorney can help investigate the accident, gather evidence, and build a strong case on your behalf. An attorney can also handle communication with the insurance companies and negotiate a fair settlement.

You risk accepting a lowball settlement offer without legal representation or even not receiving compensation altogether. A car accident lawyer can help ensure that your rights are protected and that you receive the full amount of damages you are entitled to, including medical expenses, lost income, pain and suffering, and more.

Types of Intersection Collisions

The most common types of crashes that occur at intersections include:

T-Bone/Broadside

Also called side-impact collisions, these crashes happen when the front of one vehicle slams into the side of another, forming a T shape. They often result when one driver runs a red light or stop sign and broadsides a car traveling through the intersection.

T-bones can also occur when a turning driver fails to yield to oncoming traffic and gets hit in the side. These accidents are especially dangerous for occupants seated on the struck side of the vehicle, even with side-impact airbags.

Rear-End

Rear-end collisions are common at intersections when the vehicle in front stops suddenly, or the vehicle behind follows too closely or is distracted. Whiplash is a frequent injury from this type of impact.

Head-On

While less common than other types of intersection crashes, head-on collisions are often fatal due to the combined force of both vehicles colliding front-to-front. They can happen when a driver veers into the oncoming lane to make it through an intersection before the light turns red and strikes an approaching car.

Sideswipe

Sideswipes occur when two cars traveling in the same direction collide side-to-side. At intersections, this can happen when cars turning right from multiple lanes drift into each other or when merging lanes on the far side of the intersection.

Rollover

The forces involved in any of the above intersection crashes can be enough to cause a vehicle to roll over, especially vehicles with a higher center of gravity, like SUVs and pickup trucks. Rolling greatly increases the risk of severe injury and ejection from the vehicle.

Single-Vehicle

Although intersection crashes typically involve multiple vehicles, occasionally, a single vehicle loses control at or near an intersection. It strikes an object like a light pole, tree, fire hydrant, or building. Single-vehicle crashes also include collisions with pedestrians and cyclists.

Back and Spinal Cord Injuries

The torque of an intersection collision can cause the spine to twist or compress, resulting in fractured vertebrae, slipped or herniated discs, and nerve damage. The most serious accidents may sever the spinal cord, causing paraplegia or quadriplegia.

Broken Bones

Drivers often brace against the steering wheel in an impending crash, which can lead to broken fingers, hands, wrists, and arms. The knees can strike the dashboard, fracturing the patella.

Passengers may suffer broken noses from hitting the seat in front of them. Pedestrians and cyclists can experience multiple broken bones throughout their bodies after being struck by a vehicle.

Internal Injuries

The blunt force of an intersection crash may cause internal bleeding and damage to vital organs like the lungs, spleen, kidneys, and liver. Internal injuries are often life-threatening and require emergency treatment.

Lacerations and Scarring

Broken glass and torn metal can cause deep cuts and puncture wounds. Severe lacerations may damage underlying nerves, tendons, and muscles. Disfiguring facial lacerations often leave permanent scars.

Emotional Trauma

Not all intersection accident injuries are physical. Many survivors experience mental distress like anxiety, depression, and PTSD. Some may develop a phobia of driving or riding in a car. Therapy and counseling can help victims cope with the emotional aftermath of a crash.

What To Do and Not Do After an Intersection Accident

Knowing what to do after an intersection crash can help protect your health and your legal rights. Follow these steps to preserve evidence for an insurance claim or lawsuit:

Report the Accident

The police should have reported to the scene if there were injuries. If they did not, for some reason, ensure you report the crash to the local law enforcement agency as soon as you can.

If there is already a police report, review it with your attorney to check for accuracy. If your version of events is incorrect, you can amend your statements.

Watch What You Say

Be careful not to apologize or admit fault for the crash to the police or insurance companies, as these statements may work against you later. Stick to the facts when speaking to any parties about the crash.

Medical Treatment

Always keep up with your medical treatment plan after an intersection accident, even if you start to feel okay. Many common car crash injuries like whiplash and concussions may have symptoms that come and go, but seeing your treatment through demonstrates that you take your injuries seriously.

Notify Your Insurance

You likely must report the accident to your insurance provider, even if you were not to blame. Provide the basic facts of the crash, but do not give a recorded statement before speaking with an attorney first.

The adjuster may use your words to reduce or deny your payout if you need to use your coverage later on. The best option is to have your attorney handle this notification.

Call a Car Accident Attorney

Intersection accidents often cause serious injuries, costly medical bills, and time away from work. An experienced car accident lawyer can ensure you receive full and fair compensation.

Your lawyer can help gather evidence, build a strong case, and negotiate with the insurance companies on your behalf. Most initial consultations are free, so you have nothing to lose by speaking with a car accident attorney about your legal rights and options for pursuing a claim.

Reach Out to a Car Accident Attorney Today

If you or someone you love has suffered an injury in an intersection accident, you may be feeling overwhelmed and unsure where to turn. Remember, you don’t have to go through this difficult time alone.

An experienced personal injury attorney can guide you through the legal process and fight for the compensation you deserve. Reach out today for a free consultation to discuss the details of your intersection collision case and learn how a skilled lawyer can help.

SCHEDULE A FREE CONSULTATION

Understanding the Basics of Car Accident Liability

Car accident liability is the legal responsibility for the damages and injuries that result from a crash. In most cases, the person found to be at fault for causing the accident is considered liable and may be required to pay for the resulting damages, including medical expenses, property damage, and other losses. However, determining who is at fault in a car accident is not always easy. Several factors can contribute to an accident; sometimes, multiple parties may share liability.

Regarding car accidents, one of the most common questions is, “Who is liable – the car owner or the driver?” This is an important question, as the answer can have significant legal and financial implications for all parties involved. Never hesitate to discuss this with a local Madison car accident lawyer following a crash and injuries.

SCHEDULE A FREE CONSULTATION

Owner Liability: When the Car Owner May Be Responsible

In other cases, the owner of a vehicle may be held liable for accidents caused by someone else driving their car. This is known as “vicarious liability” or “owner’s liability.” This concept maintains that car owners are responsible for ensuring that their vehicles are operated safely and should be accountable if they allow someone else to drive their car and cause an accident.

There are several situations where a car owner may be held liable for an accident caused by another driver:

Negligent Entrustment: When Car Owners Are Liable for Unfit Drivers

Negligent entrustment is a legal doctrine that holds car owners liable for accidents caused by unfit drivers to whom they knowingly lend their vehicles. This means that if a car owner allows someone unlicensed, intoxicated, or has a history of reckless driving to drive. If the driver causes an accident, the car owner may be liable for damages and injuries. Negligent entrustment stems from the belief that car owners must ensure that only individuals capable of driving safely drive. When a car owner breaches this duty by entrusting their vehicle to an unfit driver, they are considered negligent and may be liable for any accidents. To prove negligent entrustment, the following elements must typically be established:

• The car owner entrusted their vehicle to another person.
• The person entrusted with the vehicle was an unfit driver (e.g., unlicensed, intoxicated, or had a history of reckless driving)
• The car owner knew or should have known that the person was an unfit driver.
• The unfit driver caused an accident while operating the entrusted vehicle.
• The accident caused damages or injuries to another party.

Negligent entrustment cases may involve multiple parties. For example, if an unfit driver causes an accident while operating a rental car, the company and the individual who rented the car may be liable under the negligent entrustment theory.

The Family Purpose Doctrine: Holding Car Owners Liable for Family Members’ Accidents

In some states, the “family purpose doctrine” is a legal principle that holds car owners liable for accidents caused by family members driving the owner’s vehicle for family or household purposes. Under this doctrine, if a spouse, child, or other family member borrows the car and causes an accident, the car owner may be held responsible for the resulting damages and injuries. The family purpose doctrine states that when a car owner provides a vehicle for the use and convenience of their family, they are essentially making the vehicle available for that purpose. Consequently, the car owner maintains a master-servant relationship with the family member operating the vehicle and is thus held liable for any accidents caused by the family member’s negligence. To apply the family purpose doctrine, typically, the following elements must satisfy the following:

• The head of the household owns, provides, or maintains the car.
• The head of the household owns, provides, or maintains the car.
• The driver is a family member or someone using the car for a family purpose with the head of household’s express or implied permission.
• The driver causes an accident while operating the vehicle for a family purpose.

Not all states follow the family purpose doctrine, and the specific requirements for applying it can vary by jurisdiction. Some states have rejected it, while others have limited its application to specific circumstances.

Employer Liability: When Companies Are Responsible for Employees’ Accidents

Employer liability is a legal concept that holds companies responsible for accidents caused by their employees while driving company-owned vehicles or while driving for work-related purposes. This means that if an employee causes an accident while operating a vehicle within the scope of their employment, the employer may be held liable for the resulting damages and injuries. The rationale behind employer liability is that employers must ensure their employees operate vehicles safely and responsibly while on the job. When an employer breaches this duty by failing to properly train, supervise, or screen their employees, they may be held liable for any accidents that result. There are several common scenarios where employer liability may apply:

• Accidents caused by employees driving company-owned vehicles: If an employee causes an accident while operating a vehicle owned by their employer, the employer may be liable for the damages and injuries.
• Accidents caused by employees driving personal vehicles for work purposes: If an employee causes an accident while using their vehicle for work-related tasks, such as making deliveries or traveling to meetings, the employer may be liable if the employee was acting within the scope of their employment at the time of the accident.
• Accidents caused by employees with poor driving records: If an employer fails to properly screen or supervise an employee with a history of reckless or negligent driving, and that employee causes an accident while on the job, the employer may be liable for negligent hiring, training, or supervision.

Proving employer liability typically involves establishing the following elements:

• The person who caused the accident was an employee of the company
• The employee was acting within the scope of their employment at the time of the accident
• The employee’s negligence or recklessness caused the accident
• The accident resulted in damages or injuries to another party

It’s worth noting that employer liability cases may involve multiple parties. For example, the employer and the leasing or rental company may be liable if an employee causes an accident while operating a leased or rented vehicle.

Driver Liability: When the Driver is Responsible

In many car accident cases, the driver responsible for the crash typically bears liability for the resulting damages and injuries. Drivers have a legal duty to drive safely and to follow traffic laws. When a driver breaches this duty and causes an accident, they may be held responsible for the consequences.

There are several common scenarios where a driver may be found liable for a car accident:

Negligence

Suppose a driver fails to exercise reasonable care while operating their vehicle and causes an accident. As a result, they may be found negligent and held liable for the damages. Examples of negligent driving behavior include speeding, running red lights, failing to yield the right of way, and texting while driving.

Recklessness

If a driver engages in reckless or intentionally dangerous behavior behind the wheel and causes an accident, they may be liable for the resulting damages. Examples of reckless driving include excessive speeding, driving under the influence of drugs or alcohol, and road rage.

Violating Traffic Laws

If a driver violates a traffic law and causes an accident, they may be held liable for the damages. Common traffic law violations that can lead to accidents include running stop signs, failing to use turn signals, and following too closely. Even if a driver bears primary fault for an accident, other parties may still share some liability. For example, if a driver causes an accident but the other driver is also speeding or driving while distracted, both drivers may be found to share some degree of fault.

Relative Negligence and Shared Fault

In some car accidents, multiple parties can share blame. The concept of comparative negligence is key here. It divides the fault among them. The rules of relative negligence assess each party’s percentage of fault, and their compensation is reduced according to the degree of their fault. For example, suppose one driver is determined to be 70 percent at fault for an accident, and the other driver is determined to be 30 percent at fault. In that case, the compensation of the driver who is 70 percent at fault will be affected accordingly.

The Role of Insurance in Car Accident Liability

Insurance plays a key role in car accident liability and can significantly impact who is ultimately held responsible for the damages and injuries that result from a crash. In most states, drivers must carry a minimum amount of car insurance coverage to protect themselves and others in the event of an accident. This typically includes liability coverage, which pays for damages and injuries the policyholder causes to others in an accident. If a driver causes an accident and has sufficient liability coverage, their insurance company will typically cover the damages and injuries up to the policy limits.

However, if the damages exceed the policy limits, the at-fault driver may be personally responsible for paying the excess amount. Insurance companies must act in good faith when handling car accident claims. This means they must conduct a fair and thorough investigation, communicate with the policyholder and other parties involved, and make reasonable efforts to settle claims promptly. However, insurance companies also aim to minimize their financial losses. As a result, they may try to limit their liability or deny claims altogether. This is why it is wise to work with an experienced car accident attorney who can guide you through the insurance claims process and protect your rights.

When to Seek Legal Help for Car Accident Liability

If you’ve experienced a car accident, seeking legal assistance as soon as possible is crucial to safeguard your rights and secure the compensation you’re entitled to. An experienced car accident attorney can handle the following for you:

• Investigate the accident and gather evidence to support your claim
• Determine who is liable for the accident and to what degree
• Negotiate with insurance companies and other parties involved in the case
• File a lawsuit if necessary to seek full and fair compensation for your damages and injuries

It’s especially important to seek legal help if the accident resulted in serious injuries, significant property damage, or disagreement about fault. In these cases, having a skilled car accident lawyer on your side can significantly change the outcome of your case.

Contact a Car Accident Attorney Today

Ultimately, the best way to protect your rights and ensure you receive the compensation you deserve after a car accident is to work with an experienced car accident lawyer. An attorney can navigate any insurance issues involved in car accident cases and advocate for your interests every step of the way. If you or someone you know has suffered an injury in a car accident, don’t wait any longer to seek legal help. Contact a knowledgeable and compassionate personal injury attorney today to schedule a free consultation and learn more about your legal options. With the right legal guidance and support, you can hold the responsible parties accountable and move forward with your life after a difficult and traumatic event.

SCHEDULE A FREE CONSULTATION

Rear-end accidents are among the most common car crashes on the road. They occur when one vehicle collides with the back of another, often resulting in property damage, injuries, and even fatalities.

Determining fault in a rear-end accident can be complicated, as several factors require consideration. Have a car accident attorney evaluate your crash to identify who should be at fault and liable for your losses.

SCHEDULE A FREE CONSULTATION

Understanding the Basics of Rear-end Accidents

A rear-end accident happens when the front of one vehicle strikes the rear of another vehicle. These accidents can occur at stop signs, traffic lights, or even on highways when traffic suddenly slows down or comes to a halt. The impact of a rear-end collision can range from minor damage to severe injuries, depending on factors like the speed of the vehicles involved and the size difference between the cars.

In most cases, authorities presume the driver of the rear vehicle to be at fault for a rear-end accident. Traffic laws generally require drivers to maintain a safe following distance and be prepared to stop when necessary. However, this rule has some exceptions, and a car accident attorney can identify these as they apply in your situation.

Common Causes of Rear-end Accidents

Several factors can contribute to the occurrence of a rear-end accident. Some of the most common causes include:

Distracted Driving

Distracted driving has become one of the most significant contributors to rear-end accidents in recent years. With the increasing prevalence of smartphones and other electronic devices, drivers are more tempted than ever to take their eyes off the road.

When drivers are not paying full attention to their surroundings, they may fail to notice when the vehicle in front of them slows down or stops, resulting in a rear-end collision.

Distractions can come in many forms, such as texting, making phone calls, eating, drinking, or applying makeup. Even a momentary glance away from the road can have disastrous consequences.

Studies have shown that sending or reading a text message can take a driver’s eyes off the road for an average of five seconds, which, at 55 miles per hour, is equivalent to driving the length of a football field with your eyes closed.

Tailgating

Tailgating, or following another vehicle too closely, is a dangerous habit that significantly increases the risk of rear-end accidents. When drivers fail to maintain a safe following distance, they reduce the time to react and brake when necessary. If the vehicle in front of them suddenly slows down or stops, the tailgating driver may not have enough time to avoid a collision.

The recommended safe following distance varies depending on speed, weather conditions, and vehicle type. A general rule of thumb is to maintain a following distance of at least three seconds behind the vehicle in front of you.

Choose a fixed point on the road ahead, such as a sign or overpass, to determine your following distance. When the rear of the vehicle in front of you passes that point, start counting seconds. If you reach the same point before counting to three, you follow too closely and should increase your following distance.

Tailgating is dangerous and illegal in many states. Drivers caught following too closely may face fines, points on their license, and legal liability if their actions result in a rear-end accident.

Speeding

Speeding is a major contributing factor to the occurrence and severity of rear-end accidents. When drivers travel at excessive speeds, they have less time to react to changes in traffic conditions and require more distance to stop. This means that if the vehicle in front of them suddenly slows down or stops, a speeding driver cannot avoid a collision.

Moreover, the force of impact in a rear-end accident increases exponentially with speed. A collision at high speeds is much more likely to result in severe injuries or fatalities than one at lower speeds. This is because the amount of kinetic energy that vehicles and their occupants must absorb increases with the square of the velocity.

Poor Weather Conditions: How Rain, Snow, and Fog Contribute to Rear-end Collisions

Inclement weather can significantly increase the risk of rear-end accidents by reducing visibility and making roads slippery. When driving in rain, snow, or fog, take extra precautions to ensure your safety and the safety of others on the road.

Rain can reduce tire traction, making it more difficult for vehicles to stop quickly. It can also impair visibility by causing glare and reducing contrast, making it harder for drivers to see the vehicles in front of them. In heavy rain, hydroplaning can occur, causing vehicles to lose contact with the road surface and increasing the risk of a rear-end collision.

Snow and ice can create even more treacherous driving conditions. When snow or ice accumulates on roads, tire traction greatly reduces, making it more difficult for vehicles to accelerate, brake, and turn. Drivers who fail to adjust their speed and following distance to account for these conditions are at a higher risk of being involved in a rear-end accident.

Fog can also contribute to rear-end collisions by reducing visibility and making it difficult for drivers to judge the distance and speed of other vehicles on the road. In dense fog, drivers may not see a stopped or slowed vehicle until it’s too late to avoid a collision.

To minimize the risk of rear-end accidents in poor weather conditions, drivers should reduce their speed, increase their following distance, and use their headlights and fog lights when necessary. If conditions become too dangerous, they should pull to a safe location and wait for the weather to improve.

Drivers do not always take these proper actions, however, often leading to crashes and liability.

Mechanical Issues: How Vehicle Malfunctions Can Lead to Rear-end Accidents

While driver error is the most common cause of rear-end accidents, mechanical issues can also contribute. When a vehicle’s brakes, tires, or other critical components fail, the driver cannot stop in time to avoid a collision.

Faulty brakes are among the most dangerous mechanical issues in rear-end accidents. If a vehicle’s brakes are improperly maintained or fail unexpectedly, the driver cannot stop in time to avoid hitting the vehicle in front of them. This is especially true if the driver follows too closely or travels high speeds.

Tire blowouts can also contribute to rear-end accidents, causing the driver to lose control of their vehicle. When a tire fails, it can cause the vehicle to swerve or skid, making it difficult for the driver to maintain a safe following distance or stop in time to avoid a collision.

Other mechanical issues that can lead to rear-end accidents include malfunctioning taillights or brake lights, which can make it difficult for following drivers to know when the vehicle in front of them is slowing down or stopping.

Gathering Evidence to Prove Fault in a Rear-end Accident

If you’ve been involved in a rear-end accident and believe the other driver was at fault, it’s time to gather evidence to support your claim.

Some key pieces of evidence that can help prove fault include:

• Police report: If the police arrived at the accident scene, they might create a report that includes their assessment of what happened and who they believed was at fault. This report can be valuable evidence in your case.
• Witness statements: If there were any witnesses to the accident, their testimony can help corroborate your version of events and provide valuable insight into who was at fault.
• Medical records: If you sustained injuries in the accident, your medical records can help establish the extent of your damages and link them to the collision.

Potential Damages Available to Victims of Rear-end Accidents

You can be entitled to various damages if you’ve suffered an injury in a rear-end accident caused by another driver’s negligence. These compensate you for your losses from the accident and aid your financial, physical, and emotional recovery.

Here are some of the potential damages that may be available to victims of rear-end accidents:

Medical Expenses

If you’ve suffered an injury in a rear-end accident, you can recover reimbursement for your medication, doctor’s visits, hospital bills, physical therapy, and any other treatment related to your injuries. This covers both current and future medical expenses that you expect.

Lost Income

If your injuries have caused you to miss work or lose earning capacity, you may be entitled to compensation for your lost income. This includes the income you’ve already lost and any future income you will likely lose due to your injuries.

Pain and Suffering

You can recover non-economic damages for your pain and suffering. This includes payment for the physical pain, emotional distress, and loss of joy from the accident.

Property Damage

Suppose the rear-end accident damaged your vehicle or other personal property. In that case, you may be eligible for compensation for the repair or replacement costs and any associated expenses, such as rental car fees or temporary transportation needs. Contact a skilled car accident attorney today to assess your situation and pursue the compensation you deserve.

Punitive Damages

In some circumstances, if the driver who caused the accident was particularly reckless or acted with intentional malice, you might be entitled to punitive damages. These damages punish the wrongdoer and discourage similar conduct in the future.

The specific damages available to you will depend on the facts of your case and the laws of your state. Some states have caps on certain types of damages, while others may require you to meet certain thresholds before you can recover non-economic damages like pain and suffering.

Maximizing Your Compensation

To maximize your chances of recovering the full compensation you deserve, work with an experienced car accident lawyer who can build a strong case on your behalf. Your lawyer can gather evidence, negotiate with insurance companies, and pursue all available avenues for recovery.

In addition to seeking compensation through a personal injury lawsuit, you can recover damages through your insurance policy if you have uninsured/underinsured motorist coverage or medical payments coverage. Your lawyer can guide you in your options and take the most appropriate action for your situation.

Time Limits for Personal Injury Claims

Keep in mind that there are time limits for pursuing a personal injury claim after a rear-end accident. These time limits, known as statutes of limitations, vary by state and can be as short as one year from the date of the accident.

Delaying legal action can result in losing the opportunity to recover any compensation. That’s why speaking with a lawyer as soon as possible after a rear-end accident to protect your rights and preserve your ability to recover damages.

Contact a Car Accident Lawyer

If you or a loved one has experienced a rear-end accident, don’t hesitate to seek the assistance of an experienced personal injury lawyer. A lawyer can provide the guidance and support you need and fight for the compensation you deserve.

Contact a knowledgeable and compassionate lawyer today to discuss your case and learn more about your legal options.

SCHEDULE A FREE CONSULTATION