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When you’ve been injured due to someone else’s negligence, you likely have many questions about your legal rights and the next steps to take. At Pemberton Personal Injury Law Firm, we understand that navigating the legal process can feel overwhelming, especially while you’re focused on recovery.
That’s why we’ve put together this Frequently Asked Questions (FAQ) guide to provide clear, practical answers to some of the most common concerns our clients have about personal injury cases in Wisconsin.
From understanding the statute of limitations to knowing what damages you may be entitled to, this guide is designed to help you make informed decisions about your case. While these answers provide a general overview, every case is unique. If you have specific questions or need personalized guidance, our firm offers free case evaluations to help you explore your legal options.
A: Typically, a client will have three years from the date of the incident to file for a personal injury case. However, this is not always the case and you should speak to a personal injury attorney as soon as possible so you do not risk missing the statute of limitations. It can be imperative for you to learn about your options shortly after the incident occurs so you are set up for success and can attempt to obtain compensation for the damages.
A: Some individuals choose to wait to consult an attorney, either due to feeling like it is a hassle or hesitation due to the costs involved. It can be very beneficial to you to consult an attorney immediately following the incident. This can provide you with professional guidance regarding the following steps, timelines, what to expect from other parties or insurance companies, and more. Being proactive in personal injury cases can help you in the long run and be invaluable to you and your family.
There are several individuals out there who may choose to pursue their cases without legal professional representation. It can be done, and we aren’t saying that you aren’t legally able to do that. It can present issues, however, if you aren’t familiar with the legal system. The insurance company is typically looking to take advantage of you and pay you as little as possible. Insurance companies make money by not paying out and they have a lot of experience and training on how to minimize what they pay you.For instance, you unintentionally leave out important fact that could create dramatic shifts in the compensation that you are eligible for and more. Working with an experienced attorney can provide a perspective you may have not yet thought of and the necessary guidance to navigate the legal system and how it can affect your family now and in the future.
A: Most cases that personal injury attorneys handle involve establishing negligence by the other parties involved in the incident. Without it, there is little to no hope of creating a case that benefits our clients. If the other party was negligent or intentionally harmed our client, we can likely obtain compensation for damages if it can be proven. This can be established through investigations into the other party’s actions to determine their choices leading up to and during the incident. If it can be shown that they ignored their duty to our client or intentionally caused injury, our client likely has a case.
A: Some clients are under the impression that they cannot pursue compensation if they shared fault in the incident that led to their injury or situation. This is not the case unless they are found to be 50% or more at fault for the incident. Courts will determine what percentage of fault each party in the case is responsible for and determine damages based on that percentage. For example, if you are found to be at 20% fault for the accident, you can still generally obtain compensation, but at 20% less than the total damages awarded. This is known as the “Comparative Fault” rule.
A: In a personal injury case, you may be eligible to recover various types of damages, including medical expenses, lost wages, pain and suffering, and emotional distress. In some cases, punitive damages may also be awarded if the defendant’s actions were particularly reckless or intentional. The exact compensation you may receive depends on the details of your case, and consulting with an attorney can help clarify your potential recovery.
A: The timeline for a personal injury case can vary greatly depending on factors such as the complexity of the case, the willingness of the insurance company to settle, and whether the case goes to trial. Some cases resolve in a matter of months, while others can take years. A skilled attorney can help streamline the process and work toward a resolution that fairly compensates you for your injuries.
A: Many personal injury cases settle before ever reaching trial. However, if the insurance company refuses to offer a fair settlement, or liability is disputed, your case may go to court. While trials can take longer, they may be necessary to ensure you receive the compensation you deserve. An attorney can help you evaluate the best course of action for your specific situation.
A: If the insurance company makes you a settlement offer, it is important to consult an attorney before accepting. Insurance companies often offer low settlements in the hopes that you will accept without realizing the full extent of your damages. An attorney can review the offer and negotiate for a fair amount that covers your medical expenses, lost wages, and other damages.
A: Most personal injury attorneys, including our firm, work on a contingency fee basis, meaning you do not pay any upfront fees. Instead, your attorney’s fees are a percentage of the compensation recovered in your case. If no compensation is obtained, you typically do not owe any legal fees. This ensures that legal representation is accessible to those who need it, regardless of their financial situation.
Insurance companies profit when you lose. Every claim they deny, every settlement they lowball, every injured person they convince to accept less—that’s money in their pocket. And they’re very good at what they do.
At Pemberton Personal Injury Law Firm, we’ve made it our mission to take on the insurance companies that put profits over people. We know every underhanded tactic they’ll use to cheat you out of fair compensation, and we’re prepared to fight fire with fire. When insurance adjusters see us coming, they know they’re in for a real battle. You didn’t ask to be injured.
You didn’t ask to fight a billion-dollar corporation. But now that you’re here, you deserve lawyers who will go to war for you. We don’t settle for less than full compensation, we don’t back down from tough fights, and we don’t let insurance companies bully our clients. PERIOD.
Life following a serious injury can bring intense emotions and pain. Accident victims often hope to get their lives back on track, only to be held back by the demands involved with personal injury claims. This is especially the case for individuals who become hospitalized. Wherever you are in the process, we’d be glad to help.
Our injury lawyers in Wisconsin step up to represent you. At Pemberton, we provide this advocacy at every step in the injury claims process so you can be on your way to feeling like yourself again.
Contact our Wisconsin personal injury attorneys at (608) 448-6242 to speak with one of our experienced attorneys. We will create a plan together to help you protect your rights and get you back to your life.
$40M+ Won For Our Clients
The client was involved in a motorcycle crash and suffered a brain bleed, TBI, facial fractures, broken ribs, and internal organ injuries. After initially hiring our firm, the client left for a cheaper attorney who mishandled the case. Months later, the client returned to us, and we secured the full $500,000 policy limits and reduced medical liens by $20,950.
The client was injured in a motorcycle crash, suffering a head bleed, facial fractures, broken sinuses requiring surgery, spleen removal, multiple broken ribs, and fractures to the shoulder, spine, pelvis, femur, ankle, and hip. Despite limited insurance coverage, we secured the $250,000 settlement and reduced over $1 million in medical liens down to just $30, ensuring the client kept nearly the entire settlement.
The client was rear-ended in a car versus motorcycle crash, sustaining twisted bones in the spine, nerve damage in the neck and back, a concussion, hip pain, numbness in the feet, facial cuts, and anxiety. After initial treatment was interrupted by a two-year gap due to insurance issues, proving the crash caused the injuries became complicated. The client had previously tried negotiating with the insurer alone, resulting in medical bills sent to collections and a lowball offer. We secured a $180,000 settlement—more than twice the pre-retainer offer—and negotiated nearly $22,000 in medical cost reductions.
“If you ever need an attorney, he would be the first one I recommend”
“Focus on healing and we will take care of everything on the legal side”
“If you ever need an attorney, he would be the first one I recommend”
