Pemberton Personal Injury Law Firm

Pemberton Personal Injury Law Firm

Call Today

mobile-header(608) 448-6242
Calls Answered 24/7

Will My Car Insurance Pay Me for Pain and Suffering? 

Car Accidents

by

When you are in a car accident, you often worry about vehicle damage and medical costs. However, there are also other losses. These include physical pain and emotional distress, or commonly known as “pain and suffering.”

So, will a car insurance company pay you for pain and suffering damages?

A quick answer: Possibly. It is common for car insurance policies to include pain and suffering compensation in them. So, it’s certainly plausible that a car accident victim would receive a pain and suffering award. Let’s unpack what we mean by that, starting from the top.

Understanding Pain and Suffering

“Pain and suffering” encompasses the physical discomfort and emotional anguish resulting from an injury. This can include chronic pain, limitations on daily activities, depression, and a diminished quality of life. Unlike medical bills, these losses don’t have a direct monetary value, making them more challenging to quantify.

Types of Car Insurance Coverage

Car insurance policies are designed to protect drivers financially in the event of an accident. The coverage for pain and suffering largely depends on the type of insurance and the specifics of the policy.

  1. Liability Coverage: If you’re at fault in an accident, your liability coverage pays for the other party’s damages, including their pain and suffering. However, it doesn’t cover your own pain and suffering.
  2. Uninsured/Underinsured Motorist Coverage (UM/UIM): This coverage protects you if you’re involved in an accident with a driver who has insufficient or no insurance. In many states, UM/UIM can cover your medical expenses and, in some cases, pain and suffering, depending on the policy terms.
  3. Personal Injury Protection (PIP): PIP, required in some states, covers medical expenses and lost wages regardless of fault. However, PIP typically doesn’t cover pain and suffering.

Filing a Claim for Pain and Suffering

To seek compensation for pain and suffering, you generally need to file a third-party claim against the at-fault driver’s insurance. This process involves:

  • Documenting Your Injuries: Maintain detailed medical records, including diagnoses, treatment plans, and any prescribed medications.
  • Recording the Impact: Keep a journal of how the injuries affect your daily life, noting any physical pain, emotional distress, and limitations on activities.
  • Consulting Professionals: Mental health professionals can provide documentation of emotional distress, which can support your claim.

Calculating Pain and Suffering

Insurance companies often use one of two methods to estimate pain and suffering damages:

  1. Multiplier Method: This approach involves adding up your actual damages (like medical bills and lost wages) and multiplying that sum by a number between 1.5 and 5. The multiplier reflects the severity of your injuries and their impact on your life. For example, if your medical expenses total $10,000 and a multiplier of 2 is used, your pain and suffering would be valued at $20,000.
  2. Per Diem Method: This method assigns a daily dollar amount to your pain and suffering and multiplies it by the number of days you’ve been affected. For instance, if the daily rate is $100 and you experience pain for 200 days, the total would be $20,000.

It’s important to note that these calculations are starting points. The final amount can vary based on factors like the credibility of your documentation, the insurance company’s policies, and state laws.

State-Specific Considerations

Insurance regulations and coverage options can vary by state. Full tort, for example, allows for the recovery of pain and suffering damages without restrictions, while limited tort may limit the ability to claim these damages unless the injury is severe. Understanding your state’s specific laws and insurance requirements is essential when considering claims for pain and suffering.

Challenges in Receiving Compensation

While it’s possible to receive compensation for pain and suffering, several challenges can arise:

  • Policy Limits: Insurance policies have maximum payout limits. If your damages exceed these limits, you may not receive full compensation.
  • Proving Non-Economic Damages: Unlike medical bills, pain and suffering are subjective and harder to quantify. Providing thorough documentation and professional testimony can strengthen your claim.
  • State Laws: Some states have caps on non-economic damages or specific thresholds that must be met before claiming pain and suffering. Familiarize yourself with your state’s regulations to understand your rights fully.

Steps to Protect Yourself

To enhance your chances of receiving fair compensation:

  • Review Your Policy: Understand what your insurance covers, including any provisions for pain and suffering.
  • Consider Additional Coverage: Purchasing UM/UIM coverage can provide extra protection if you’re involved in an accident with an uninsured or underinsured driver.
  • Seek Legal Advice: Consulting with a legal professional can provide guidance tailored to your situation and help navigate the complexities of insurance claims.

A Final Note

While car insurance can cover pain and suffering under certain circumstances, it’s not always straightforward. Understanding your policy, state laws, and the claims process is vital to ensure you receive the compensation you deserve. By staying informed and proactive, you can better navigate the aftermath of a car accident and address both the tangible and intangible impacts on your life.

by

Retrograde amnesia is a condition where a person loses memories from before a traumatic event, such as a car accident. This type of memory loss can vary in severity. Some victims may only forget a few minutes before the accident, while others lose years of past experiences.

Can you get retrograde amnesia from a car accident? Yes, car accidents that cause head injuries can lead to retrograde amnesia. Understanding how this happens requires looking at how memory works, how brain injuries affect it, and what recovery might look like. Read on to learn more.

How Car Accidents Can Cause a Brain Injury

Car accidents are one of the most common causes of traumatic brain injuries (TBIs). A sudden impact or jolt can cause the brain to move inside the skull, leading to bruising, bleeding, or damage to brain tissue. These injuries can affect areas of the brain responsible for storing and recalling memories, leading to memory loss.

The severity of the amnesia often depends on how serious the brain injury is. A mild concussion might cause temporary confusion and memory loss for a short time, while a more severe injury could result in long-term or even permanent retrograde amnesia.

What Is Retrograde Amnesia?

Retrograde amnesia means losing memories from before the injury occurred. The length of memory loss varies. Some people forget only a few moments before the accident, while others might lose years of memories. The extent of the memory loss is usually linked to how badly the brain was injured.

One documented case involved a 19-year-old man who lost all memories of his life after a minor car accident. Although brain scans showed no significant damage, he was unable to recall personal or public events but could still learn new information. This case suggests that even a mild accident can sometimes cause serious retrograde amnesia.

How Memory Works and Why Trauma Affects It

Memory formation involves three main steps: encoding, storage, and retrieval. The hippocampus, a part of the brain located deep in the temporal lobe, plays a key role in turning short-term memories into long-term ones. When someone experiences a head injury, this process can be disrupted, leading to memory loss.

Recent memories are the most vulnerable. If an accident happens, the brain may not have had enough time to fully store recent experiences, making them more likely to be lost. This is why many people who suffer from concussions or TBIs can’t remember what happened just before their injury.

Post-Traumatic Amnesia (PTA)

After a brain injury, a person may experience post-traumatic amnesia (PTA). This condition includes confusion, disorientation, and difficulty remembering events that happen after the accident. PTA can involve both retrograde amnesia (losing past memories) and anterograde amnesia (struggling to form new memories).

Doctors often measure the length of PTA to determine the severity of a brain injury. The longer someone experiences PTA, the more serious the injury is likely to be.

During this time, the person may seem confused, act out of character, or have trouble recognizing people. As the brain heals, memory function often improves.

Can You Recover Lost Memories?

Recovery from retrograde amnesia varies from person to person. Some people regain lost memories over time, while others have permanent memory gaps. The chances of recovery depend on factors like the severity of the injury, overall health, and whether the person receives proper treatment.

Treatment options often include:

  • Cognitive therapy: Exercises to improve memory and thinking skills.
  • Memory aids: Tools like notebooks or smartphone apps to help with recall.
  • Structured routines: Creating a daily schedule to help manage memory problems.
  • Support systems: Family, friends, and healthcare professionals play a key role in recovery.

How to Reduce the Risk of Memory Loss from a Car Accident

While it’s impossible to prevent all accidents, certain safety measures can lower the risk of TBIs and memory loss:

  • Wear a seat belt: This greatly reduces the chance of a serious head injury in a crash.
  • Avoid distractions: Stay focused on the road and avoid using your phone while driving.
  • Follow speed limits: Driving at a safe speed lowers the risk of severe crashes.
  • Wear a helmet: If you ride a motorcycle or bicycle, wearing a helmet can protect your brain from injury.

Retrograde amnesia can result from a car accident, especially if the accident leads to a TBI. The severity of memory loss and the potential for recovery depend on how serious the injury is and what treatments are used. While some people regain their lost memories, others may experience permanent gaps.

Taking precautions like wearing seat belts and avoiding distractions while driving can help reduce the risk of serious head injuries and memory loss.

by

Car accidents can lead to many injuries, each with unique financial impacts. Understanding typical settlement details can provide valuable insight for those affected. It’s important to note that settlement figures vary based on factors like injury severity, medical expenses, and lost wages.

Average Settlement Amounts in Wisconsin

In Wisconsin, settlement amounts for car accident injuries can vary significantly. At the time of a recent government study, the average injury settlement amount was around $17,700. Although, that number has risen and is expected to increase significantly in the next couple of years (possibly reaching the $50,000 per person limit).

In general, payouts can range from $5,000 for minor injuries to hundreds of thousands for severe injuries. It all depends on the case. Let’s take a look at the various injury types and what plays a factor in settlements.

Car Accident Settlement Amounts by Injury Type

a graphic that includes a bar graph and the words "average injury payouts could reach the per person limit of $50,000 by 2027"

  1. Soft Tissue Injuries (e.g., Whiplash): These injuries often lead to settlements that pay for medical bills and therapy costs. Others may include treatment costs, related economic losses, and suffering.
  2. Fractures and Broken Bones: Injuries with fractures can result in larger settlements. This is because they need more health care and longer recovery time. The exact amount will depend on the bone fractured and the complexity of the injury.
  3. Brain Injuries: Brain injuries can significantly impact a victim’s quality of life, often resulting in high settlements. The compensation aims to cover extensive medical treatment, rehabilitation, and long-term care costs.
  4. Spinal Cord Injuries: Injuries that cause partial or complete paralysis are very serious. The settlement amounts often reflect how deeply these injuries affect the victim’s life. These settlements often cover immediate medical expenses and ongoing care. They can also cover costs for adaptation to daily life changes.
  5. Internal Injuries: Damage to internal organs usually requires immediate and ongoing medical care. The influence on the settlement will depend on the extent of the injury.
  6. Psychological Distress: Mental distress after a car accident can lead to many challenges. For example, one study found that individuals with psychological distress associated with muscular and skeletal injuries had significantly more timeline issues.

Factors Impacting Settlements

Several factors can influence the settlement amount in a car accident injury case:

  • Severity of Injuries: More severe injuries can result in higher settlements due to increased bills and impact on quality of life.
  • Medical Expenses: Higher healthcare costs can increase settlement amounts. That may include ongoing treatment and rehabilitation.
  • Lost Wages: Injuries often result in loss of work time and income. This is a common damage sought in an injury claim.
  • Pain and Suffering: Non-economic damages for physical pain and emotional distress can significantly influence settlement amounts.
  • Insurance Policy Limits: The at-fault party’s insurance coverage can cap the maximum settlement amount.

Importance of Evidence in Maximizing Settlements

Strong evidence is critical to maximizing a car accident settlement. Detailed documentation establishes the facts and demonstrates the extent of injuries.

For example, medical records provide influential documentation. That includes proof of treatment, diagnosis, and ongoing care needs. These strengthen a claim’s chance of higher compensation. Additionally, the inclusion of medical professional testimony will show the long-term effects of injuries.

Witness statements are very important. They support the victim’s story, especially when there are disagreements about who is at fault. Cases may also call for testimony from accident reconstruction experts. This is often a means of clarifying who is responsible for the incident.

Furthermore, clear evidence of financial losses, such as pay stubs or tax returns, supports claims for lost wages or diminished earning capacity.

Every case will have its own unique set of evidence. Regardless, by presenting compelling evidence, victims increase their chances of obtaining fair and comprehensive compensation.

Wisconsin Injury Settlement Process

The car accident injury settlement process in Wisconsin typically begins with:

  1. Filing a claim with the at-fault driver’s insurance company.
  2. Upon claim submission, an adjuster evaluates the case by reviewing evidence. That typically includes police reports, medical records, and witness statements.
  3. After assessing damages, the insurance company may present an initial settlement offer.
  4. If the victim believes the offer is too low, they will likely hire a car accident lawyer. Then, negotiations will follow.
  5. This stage may involve counteroffers supported by documentation, such as proof of lost wages or long-term costs. If negotiations fail to reach a fair resolution, victims may file a personal injury lawsuit.

Wisconsin’s statute of limitations for personal injury claims is generally three years, so acting promptly is crucial. Car accident lawyers will ensure you meet your legal deadlines, they strengthen negotiations, and they help secure fair compensation.

What Next?

Average settlement figures provide an idea of possible compensation. However, each car accident case is unique. Factors like injury severity, medical expenses, and individual situations play crucial roles in determining settlement amounts. Consulting with a personal injury attorney can help navigate the complexities and work towards securing fair compensation.

by

Typically, health insurance covers medically necessary treatment for injuries resulting from car accidents. It may not, however, cover non-economic damages like pain and suffering. Of course, every case is different and comes with its own set of unique circumstances.

Car accidents can be devastating, both physically and mentally. Read on to learn more in depth about health insurance details and Wisconsin car accident laws.

What Your Health Insurance May Cover

Medical insurance typically covers a range of medically necessary treatments for injuries sustained in car accidents. This includes:

  1. Emergency Care: Emergency services like ambulance transportation, hospital stays, surgeries, and immediate medical interventions are generally covered. These treatments address life-threatening injuries or prevent further complications immediately following the accident.
  2. Rehabilitation: Recovery often involves ongoing therapy. That includes physical therapy to restore mobility or occupational therapy to regain essential skills. Rehabilitation coverage can vary significantly. Some policies limit the number of sessions you can have.
  3. Medications: This includes prescription drugs for pain, infection prevention, or long-term recovery. However, more expensive medications may need prior approval. They might also lead to higher out-of-pocket costs based on your policy.

You should review your health insurance plan. Plans may discuss limits or exclusions for accident-related injuries.

Important Factors to Consider

  1. Policy Terms: Every health insurance policy has unique terms, including deductibles, co-pays, and maximum coverage limits. Some policies might exclude certain treatments, such as experimental procedures or alternative therapies. Reviewing these terms ensures you are prepared for potential gaps in coverage.
  2. Pre-existing Conditions: If an accident makes a pre-existing condition worse, your insurer will check for coverage. Sometimes, coverage may be reduced or denied based on the details of your policy.
  3. Subrogation Rights: Many health insurance policies include subrogation clauses. This means your insurer may recover the costs of your medical treatment from the at-fault driver’s insurance. While this can reduce what you ultimately owe, it could also delay financial resolution until the settlement.
  • Understanding these factors helps you make informed decisions and ensures smoother navigation of the claims process after an accident.

financially. Understanding how your insurance coverage works after an accident is crucial, especially in Wisconsin.

Read on for information regarding health insurance claims and Wisconsin car accident laws.

What If the Accident Isn’t Your Fault?

When it comes to auto accidents, fault can be a complex matter. Initially, individuals are responsible for covering their medical bills, regardless of who caused the accident. Health insurance often helps pay these costs, but deductibles and co-pays remain the patient’s responsibility.

Additionally, Medical Payments Coverage (MedPay) through auto insurance can assist with out-of-pocket expenses. There is also uninsured/underinsured motorist coverage, which is required by Wisconsin law.

If another driver is at fault, their insurance will typically cover expenses, but only after parties reach a settlement. This process can take time, leaving the injured party to manage the bills in the meantime. It is important to stay on top of payments to avoid collections, even if a settlement is expected later.

Additional Considerations for Managing Medical Expenses

Navigating the financial aftermath of a car accident can be daunting, but taking proactive steps can help reduce stress.

Start by keeping detailed records of all medical appointments, bills, and treatments related to the accident. These records are critical when negotiating with insurance companies or pursuing compensation from the at-fault driver.

For immediate financial relief, explore payment plans or negotiate directly with healthcare providers to avoid collection issues. Optional Medical Payments Coverage (MedPay) through your insurance can also provide a quick source of funding. That includes expenses not fully covered by health insurance, such as deductibles and co-pays.

Wisconsin’s subrogation laws also play a role. If your health insurer covers bills upfront, they may seek reimbursement from the at-fault party’s insurer. Consulting a personal injury attorney ensures you navigate this process effectively, protecting your rights and maximizing compensation.

Economic vs. Non-Economic Damages After a Car Accident

When dealing with car accident injuries, it’s important to understand the difference between economic and non-economic damages. Economic damages include measurable financial losses like medical bills and lost wages. These are typically covered by health insurance or auto insurance, though deductibles and co-pays may still apply.

Non-economic damages, however, go beyond financial costs. They make up for the personal effects of the accident, like pain, suffering, and emotional distress. They also consider a lower quality of life. Health insurance covers medical costs, but a personal injury claim helps victims get paid for their overall struggles.

Final Thoughts on Health Insurance and Car Accident Injuries

Health insurance plays a vital role in covering the immediate and ongoing medical costs associated with car accident injuries, from emergency care to rehabilitation and medications. However, navigating the complexities of coverage, including deductibles, policy exclusions, and subrogation rights, can be challenging.

Health insurance covers economic damages, like medical bills. However, it may not cover non-economic damages, such as pain and suffering.

To receive full compensation for your financial and personal losses, there are important steps you should take. Consult a car accident lawyer to learn more about your options.

by

Each year, about 2.8 million people in the United States suffer a traumatic brain injury (TBI). Of those brain injuries, auto accidents are the most common cause.

Brain injury types can vary, perhaps more than you might think. This post will cover the range of brain injuries suffered in car accidents. We will also cover what you should do if you or a loved one have experienced one.

For more data on brain injuries, visit the CDC or the American Association for the Surgery of Trauma (AAST).

Concussion

A concussion occurs when the brain experiences a sudden jolt or impact, leading to temporary dysfunction. Symptoms include headaches, dizziness, confusion, and memory issues. They are typically classified as a mild brain injury. But concussions can have long-term effects if not properly managed, especially after repeated incidents.

Contusion (Brain Bruising)

Contusions involve localized bleeding within the brain tissue, usually resulting from a direct impact to the head. These injuries can lead to swelling, pressure on the brain, and, in some cases, require surgery.

Diffuse Axonal Injury (DAI)

DAI happens when the brain is violently shaken or twisted, causing tearing of nerve fibers. This type of injury disrupts communication between different brain regions and often leads to unconsciousness or persistent neurological deficits. You will commonly see DAIs occurring from high-speed car accidents.

Penetrating Brain Injury

When an object pierces the skull and damages brain tissue, it results in a penetrating brain injury. Such injuries can cause localized damage, infection, and swelling. Immediate medical attention is crucial for survival and recovery.

Traumatic Brain Hemorrhage (Bleeding)

Brain hemorrhages, either within or outside the brain tissue, are caused by ruptured blood vessels. Subdural and epidural hematomas are common types of bleeding.

They occur when blood collects between the brain and its protective layers. This can increase pressure and cause brain damage if not treated.

Secondary Brain Injury

Secondary injuries happen after the first trauma. They include problems like swelling, less blood flow, and higher pressure in the skull. These secondary effects can exacerbate the damage caused by the primary injury and may require intensive care.

These injuries often need quick diagnosis with imaging tools like CT or MRI. A tailored treatment plan is important. Victims may need regular observation, emergency surgery, and rehabilitation therapies to help with ongoing issues.

What to Do If You Believe You Have a Brain Injury

If you think you may have a brain injury, consider the following steps:

  • Seek Immediate Medical Attention: Visit an emergency room or contact a healthcare provider for evaluation. Symptoms like worsening headaches, dizziness, confusion, or loss of consciousness require immediate care.
  • Follow Medical Advice: Adhere to prescribed treatments, such as rest, medications, or follow-up tests like CT scans or MRIs.
  • Limit Physical and Cognitive Activity: Avoid strenuous activities or tasks requiring intense focus to prevent worsening the injury.
  • Document Symptoms and Incidents: Write down any changes in symptoms and the events that led to the injury. This is important for medical and legal reasons.
  • Consult Specialists: If symptoms persist, see a neurologist or brain injury specialist.
  • Consider Legal Advice: If you or a loved one suffered a brain injury due to another person’s negligence, consult a personal injury attorney.

Please note, Pemberton Personal Injury Law Firm cannot give medical advice. Please defer to a medical professional for all things health-related. 

Brain Injury Medical Expenses

Every brain injury is different. But the lifetime cost of an individual brain injury could be over $1.8 million, pending severity and treatment needs.

Costs of traumatic brain injuries may include extensive rehabilitation programs, brain scans, and everyday assistance. There’s also the initial hospitalization to consider.

The United States sees an estimated cost of over $40 billion in nonfatal brain injury medical expenses every year.

What to Do Next

After visiting a medical professional, you should reach out to a car accident lawyer to fully understand your rights. Injury attorneys will walk you through your best course of action.

by

Whiplash can sometimes cause brain injury, though the situation and extent of the impact matters. For example, a brain injury could occur when a car collision makes the brain move inside the skull.

Studies also show that chronic whiplash-associated disorders (WAD) can change blood flow in the brain, leading to brain-related problems. That includes cognitive and sensory symptoms, like memory problems or dizziness.

Additionally, the mechanical forces involved in whiplash can cause damage to brain tissues. However, these brain-related symptoms are often subtle and may not be immediately apparent. Injured persons will likely need advanced imaging or evaluation.

If you’ve suffered whiplash from a car accident, make sure you seek medical attention immediately. Doctors will treat your injuries and collect important information about your condition. This will help you understand what to do next.

For more information on whiplash and brain injuries, refer to trusted medical sources like the Mayo Clinic or research articles on chronic WAD.

Types of Brain Injuries Seen in Whiplash Victims

Whiplash can coincide with various types of brain injuries due to the forces involved. These include:

  1. Concussion (Mild Traumatic Brain Injury): Caused by the brain hitting the inside of the skull due to sudden acceleration and deceleration​.
  2. Diffuse Axonal Injury (DAI): Damage to brain cells and their connections, sometimes due to the shearing forces of whiplash. This can disrupt communication between brain regions​.
  3. Contusion (Brain Bruising): Localized bruising of brain tissue that can occur when the brain is jostled in the skull​.
  4. Cerebral Hypoperfusion: Altered blood flow to certain brain areas, leading to symptoms like dizziness, fatigue, and cognitive issues. This is seen in chronic WAD victims.
  5. Post-Concussion Syndrome (PCS): A collection of prolonged symptoms, such as headaches, memory problems, and difficulty concentrating. PCS could last weeks or months after the initial injury​.

These injuries often require advanced imaging and expert evaluation to diagnose and manage effectively. If you suspect a brain injury, it’s crucial to seek medical attention promptly.

Traumatic Brain Injury (TBI) Stats

Long-Term Effects of Brain Injuries

TBIs can have significant long-term effects, especially when they go unnoticed. Even mild TBIs, like concussions, can lead to chronic symptoms.

The severity of the long-term impact of a TBI often depends on factors like the injury’s nature, treatment, and prior health problems.

Long-term effects of TBIs may include:

  • Memory problems, including difficulty recalling recent events or learning new information
  • Mood and personality changes, such as depression, anxiety, or irritability
  • Chronic headaches or migraines
  • Sleep disturbances, including insomnia or excessive sleepiness
  • Difficulty concentrating or multitasking
  • Impaired motor skills, which can affect coordination and balance
  • Disabilities such as dementia or other neurodegenerative conditions, further emphasizing the importance of early diagnosis and intervention.

What Should I Do If I Think I Have a Brain Injury?

If you think you have a concussion or other type of brain injury, take these steps immediately:

  1. Stop all activities that risk further injury, such as sports or physically demanding tasks. Continuing may worsen your condition​
  2. Seek medical attention promptly to ensure proper diagnosis and care. A healthcare professional might perform neurological exams or imaging tests to rule out severe brain injuries​
  3. Rest both mentally and physically. Limit activities like reading, screen use, or intense concentration. Gradual return to regular activities is advised under medical guidance, at the recommendation of your doctor.​
  4. Watch for worsening symptoms, such as repeated vomiting, severe headaches, confusion, or difficulty waking up, which could indicate a more serious condition. In such cases, seek emergency care​

Always follow your healthcare provider’s recommendations and avoid self-diagnosing or self-treating.

Submitting a Brain Injury Claim With Legal Help

A lawyer can assist with a brain injury claim by investigating the incident, gathering medical evidence, consulting experts, and negotiating with insurance companies. They ensure fair compensation for medical bills, lost wages, and pain and suffering. And they do it all while protecting the client’s rights throughout the legal process. We have law offices in Madison, Baraboo, and Eau Claire.

by

If you were in a car accident that is not your fault, first find a safe place, and then call 911 for help. From there, document everything: exchange information, take photos, and get witness contacts.

You’ll also want to report the accident to your insurance, but avoid admitting fault. Then you should connect with a car accident lawyer to understand your rights and pursue fair compensation for damages.

This blog will expand on these steps so you can have a thorough guide on how everything works. We’ll also cover Wisconsin’s comparative negligence rule, which could affect the amount of compensation you’re due.

What to Do When a Car Accident Isn’t Your Fault

The following is a guide on what to do immediately after the accident. You’ll also find an overview of Wisconsin’s fault laws and how they apply to your case.

1. Immediate Steps to Take

If you’re in an accident that wasn’t your fault, start by ensuring everyone’s safety and follow these essential steps:

  • Call 911: Even if injuries appear minor, reporting the accident officially is critical for creating a record. Police and medical responders will document the scene, which can support your case later.
  • Exchange Information: Gather contact and insurance details from the other driver, and write down their license plate number.
  • Take Photos and Videos: Use your phone to capture the accident scene. Focus on damage to all vehicles, traffic signs, road conditions, skid marks, and any other relevant details. These images can help reconstruct the events leading up to the accident.
  • Collect Witness Information: If there are bystanders or other drivers who saw the accident. If you’re able to do so, ask for their names and contact information. Their statements may provide valuable support if fault is disputed.
  • Avoid Admitting Fault: Be careful not to say anything that could be interpreted as taking responsibility. Stick to the facts when discussing the incident with the other driver or police.

These steps will help you preserve evidence and protect your rights in the immediate aftermath of an accident.

2. Report the Accident to Your Insurance

In Wisconsin, you need to report all accidents. This includes accidents that cause injury, death, or property damage. If the damage is $1,000 or more, you must inform your insurance provider.

When speaking with your insurance company:

  1. Stick to the facts
  2. Avoid statements that could be interpreted as admitting fault

Even innocent comments like “I didn’t see them” could cause problems. Your insurance company will assess the situation and work with the other party’s insurer to determine liability.

3. What Is Comparative Negligence? How Does It Apply Here?

Wisconsin applies a comparative negligence rule for car accidents. This rule allows you to recover damages even if you’re partially at fault, as long as your fault is less than 51%. However, your compensation will be reduced by your percentage of fault.

For example, maybe you’re found to be 20% responsible for the accident and your damages amount to $10,000. In that case, you would see a reduction in your compensation by 20% and you would, therefore, only recover $8,000.

This comparative fault rule emphasizes the importance of gathering evidence and presenting a clear account of the accident. If the other party argues that you share fault, your documentation can help counter these claims and minimize your percentage of fault.

4. Disputing Car Accident Fault With Legal Representation

Navigating Wisconsin’s comparative negligence laws can be challenging, especially if fault is in dispute. Consulting a car accident lawyer who understands Wisconsin’s laws can be invaluable. They can help gather evidence, speak with witnesses, and work with accident reconstruction experts to build a strong case for you.

An attorney can also handle communications with insurance adjusters, helping you avoid statements that could jeopardize your compensation. If negotiations don’t yield a fair settlement, your lawyer can represent you in court.

5. Seeking Compensation

If the accident wasn’t your fault or your fault percentage is minimal, you may be eligible to seek compensation for:

  • Medical expenses
  • Property damage
  • Lost wages
  • Pain and suffering
  • Other related costs

Document all accident-related expenses, including medical bills, repair receipts, and records of missed workdays. Your lawyer will use this documentation to negotiate for a settlement that fully covers your losses.

Wisconsin Statute of Limitations for Car Accidents

In Wisconsin, you typically have three years from the date of the accident to file a personal injury lawsuit. While this may seem like a long time, starting the process early increases the chances of gathering reliable evidence and securing fair compensation.

Final Thoughts

If you’re involved in an accident in Wisconsin and it wasn’t your fault, prioritize your health and safety. Then document everything you can, and consider consulting an auto accident lawyer.

Taking these steps can help you navigate the complexities of a car accident claim, allowing you to recover and move forward with the support you need.

by

Car accident settlements can take longer than you might expect for a variety of reasons. Many of these reasons are beyond the control of the involved parties. However, understanding why these delays occur can help set realistic expectations and reduce frustration.

Below are seven key reasons why a car accident settlement might take a long time to resolve:

1. Establishing Liability

First, there is the matter of fault. In straightforward cases, like when one driver runs a red light, liability may be clear. But in many situations, these cases can be more complicated. There may be disputes between the parties involved, conflicting witness statements, or unclear evidence.

This could lead to prolonged investigations by insurance companies or attorneys. In some cases, both drivers may share fault, requiring detailed analysis to assign the correct percentage of liability to each. The more complex or contentious the determination of liability, the longer it can take to reach a settlement.

2. Gathering Evidence and Documentation

Another reason why car accident settlements take time is the need to gather sufficient evidence and documentation. Attorneys and insurance companies will typically request a wide range of materials, including:

  • Police reports
  • Witness statements
  • Accident scene photographs
  • Medical exam documentation
  • Any available video footage

Additionally, medical records and bills are critical to proving the extent of injuries and calculating damages. However, gathering medical documentation can be a lengthy process, especially if the injured party is still receiving treatment.

3. Complicated Injuries and Medical Treatment

Serious injuries can be another reason for a lengthy settlement. If the accident involves serious injuries, such as traumatic brain injuries, spinal cord damage, or other long-term conditions, it can take months or even years for the full extent of the damage to become clear.

Doctors may need time to assess whether the injuries will result in permanent disability or require ongoing care. This can directly impact the settlement amount. If victims need complex medical treatment, the insurance company may not be willing to settle right away. First, they’ll want to fully understand the long-term costs associated with the injury.

4. Negotiation Between Parties

Once liability is determined and evidence is gathered, both parties typically begin settlement negotiations. If both parties have legal representation, this process can involve significant back-and-forth, as each side makes offers and counteroffers.

Both insurance companies and attorneys try to secure the best outcome for their sides of the personal injury claim. So, negotiations can take time, especially if the initial settlement offers are far apart.

Attorneys may recommend rejecting initial lowball offers to wait for a more favorable deal, which can extend the process. Settlement discussions can last weeks or even months if the parties are not close to agreeing on a fair amount.

5. Insurance Company Delays

Insurance companies are often key players in car accident settlements, and they may intentionally or unintentionally contribute to delays. Adjusters may spend considerable time investigating the claim, reviewing evidence, and calculating potential payouts. Some insurance companies may also use stalling tactics to pressure claimants into accepting a lower settlement offer.

Additionally, larger insurance companies may have bureaucratic processes and multiple layers of approval required before parties can settle on an agreement. This means that even after negotiations are done, there could be delays in the process. The insurance company needs time to finish the paperwork and get approvals.

6. Litigation and Court Proceedings

If the settlement process stalls and the parties cannot reach an agreement, the case may proceed to litigation. Taking a car accident case to court can add substantial time to the settlement process. The court system can be slow, and scheduling a trial date may take months.

In the meantime, both parties will engage in the discovery process. That includes gathering additional evidence, conducting depositions, and preparing legal arguments. Even if the case does not go to trial and eventually settles before the court date, the mere possibility of litigation can add time to the process. Court delays, such as scheduling conflicts or a backlog of cases, can make litigation particularly lengthy.

7. Administrative Delays

Both law firms and insurance companies rely on administrative staff to handle the paperwork, process documents, and coordinate communication. Even seemingly simple administrative tasks can cause delays in the car accident settlement process.

For example, missing documents, incorrectly filed paperwork, or delays in communication can slow things down. Administrative staff are also responsible for scheduling meetings, depositions, and court dates. Coordinating those details can be challenging between multiple parties.

Furthermore, once parties agree on a settlement, the administrative task of processing the settlement payment can also add time. If someone needs to issue checks or transfer funds, even a small administrative error can delay the final payout.

Learn More With a Call or Email

Car accident settlements can take time due to a wide range of factors. Establishing liability, gathering evidence, and addressing complex injuries all add to the timeline. Prolonged negotiations, delays by insurance companies, and the possibility of litigation can further slow down the process. Administrative tasks, which may seem routine, can also contribute to delays when handled inefficiently.

While it can be frustrating to wait for a settlement, these steps are essential to ensure that the final agreement accurately reflects the damages and liabilities involved. Patience and thoroughness are key to achieving a fair and just settlement in the long run.

If you’re looking to file a personal injury claim, you can contact our car accident lawyers by using the form below or calling us at (608) 448-6242.

by

When the at-fault driver flees the scene of a hit and run, victims can still obtain compensation through their uninsured motorist (UM) coverage (if they have this insurance). This policy applies when the at-fault driver cannot be identified. Additionally, victims can pursue legal action if the fleeing driver is later found. Wisconsin law allows victims to claim damages for medical expenses, lost wages, pain and suffering, and other losses.

What if the at-fault driver hits a pedestrian?

All hit and runs create significant hurdles for the injured party, but this is especially the case when the victim is a pedestrian. When a pedestrian is struck by a hit-and-run driver, they typically use their Uninsured Motorist (UIM) coverage to claim compensation if the driver cannot be identified.

If the pedestrian has other relevant insurance policies (such as personal injury protection or PIP), those might also provide coverage. However, UIM is the primary insurer for compensation in hit-and-run cases where the driver remains unknown.

Wisconsin Hit & Run Laws

In Wisconsin, drivers involved in accidents are required by law to stop and fulfill certain obligations based on the nature of the collision. These obligations include reporting the car accident, providing identification, and rendering aid. Specific sections address collisions with people, attended vehicles, unattended vehicles, and property. Failure to comply with these requirements can result in severe penalties, including fines and imprisonment, particularly when accidents involve injury or death.

Statute of Limitations

In Wisconsin, hit and run injury claims have a three year statute of limitations. That means victims of hit and runs have three years to begin the claims process. For any property damage claims, the statute of limitations is also three years. Victims should begin their claims process sooner rather than later. Gathering evidence and seeking help is much easier immediately after the incident.

For more details, visit the Wisconsin Legislature’s site on car accidents and hit-and-run laws.