Madison Car Accident Lawyers
In 2023, police reported motor vehicle crashes resulting in a fatality or suspected serious injury in Dane County totaling 197 crashes, 29 fatalities, and 276 suspected serious injuries. Of these crashes, 83 involved distracted driving, impaired driving, or speed violations, resulting in 19 fatalities and 124 suspected serious injuries.
Cited data was sourced from a collaborative mapping project between UW-Madison, the Wisconsin Traffic Operations and Safety (TOPS) Laboratory, and the Wisconsin Department of Transportation (WisDOT) Bureau of Transportation Safety (BOTS).
Personal injuries from car accidents caused by other drivers remain a significant and ongoing issue for people in Madison and the surrounding area. These injuries can vary from minor to severe, often leading to unforeseen effects on the health and well-being of the injured individuals and their families.
MAXIMIZE YOUR CLAIM
At Pemberton Personal Injury Law Firm, we understand the unique challenges faced by people in Madison and Dane County who suffer car accident injuries. Our dedicated team is committed to securing the maximum compensation for your personal injury claim without any upfront costs or hourly fees. We are here to support you through every step of the legal process, providing personalized attention to ensure the best possible outcome for your claim.
Why Choose Pemberton Personal Injury Law Firm?
Dealing with the aftermath of a serious car accident can be incredibly overwhelming, and victims often do not realize the full extent to which their injuries will impact their health and well-being in the years that follow. Our attorneys can help ensure that all damages are accounted for. This encompasses both financial losses and non-economic damages, which many people may not realize are eligible for compensation. Our specialized knowledge of the legal system, including the intricacies of personal injury law, insurance policies, and the various statutes and regulations in Wisconsin, will allow us to efficiently and effectively secure the maximum compensation for your injuries. We are committed to building the strongest case possible to establish the other party’s liability and the full impact of the injuries sustained for our clients.
Some of our recent wins for our clients include:
- $1.2 million for a woman who suffered severe blood loss and broken bones in a car accident
- $1 million with all liens waved for a Wisconsin resident involved in a motor vehicle accident
- $555,000 for a car accident victim who had received a final offer from insurance of $30,000
Protect Your Rights After an Accident
If you’ve been injured in a car accident in Madison, you have the right to seek compensation for your damages. This includes economic damages like medical expenses, lost wages, and property damage; but also non-economic damages like pain and suffering. Proving the extent of these damages and the fault of the other party is key to attaining compensation. In Wisconsin, you have three years from the date of your accident to file a personal injury claim. However, what you do right after the accident can make a significant impact on the success of your claim.
IMMEDIATELY AFTER THE ACCIDENT
Immediately after the accident, the most important things to do are to move to safety and check for injuries. If anyone is hurt, call 911 immediately. Even if it seems minor, it is important to report the accident to the police as a police report can be crucial for insurance claims and legal proceedings.
If law enforcement is called to the scene, they may complete a crash report for you, but it is important to note that any crash resulting in injury or $1,000 or more in property damage must be reported as described in Wisconsin Statute s. 346.70(1).
THE IMPORTANCE OF DOCUMENTATION
It is also essential to exchange information with any other drivers involved including names, phone numbers, driver’s license numbers, license plate numbers, and insurance details. Be sure to document the accident by taking photos of the scene, vehicle damage, and any visible injuries as this can serve as valuable evidence later. Even if you feel fine at first or are released by paramedics after the accident, seek medical attention as soon as possible. Some injuries may not be immediately apparent and emergency rooms have the necessary resources to provide an accurate diagnosis and provide any necessary care. This not only ensures that you receive the appropriate medical attention, but also creates a concrete record of the injuries caused by the accident.
WISCONSIN IS A FAULT-STATE
Madison follows Wisconsin’s fault-based system for car accidents. This means the driver who caused the accident can be held financially liable for the damages. Wisconsin’s comparative negligence rule allows you to recover damages even if you were partially at fault, as long as you are not more than 50% responsible.
Throughout the entire process following the accident, it is important to be careful with your words and avoid admitting fault. What you say at this time may be used against you later. It is important to remember that insurance companies may attempt to minimize payouts by collecting information that could indicate that you are at fault. Be cautious of quick settlement offers and requests for recorded statements. An experienced personal injury attorney can handle these negotiations, ensuring you are not shortchanged.
Sources of Compensation
Understanding the complexities of insurance and potential damages is crucial after a car accident. Here’s what you need to know about liability insurance and the possibility of punitive damages in Wisconsin.
LIABILITY INSURANCE AND UNINSURED MOTORISTS
Liability insurance is the most common type of insurance involved in personal injury claims following a car accident. Depending on the status of the at-fault party’s insurance coverage, you may need to seek compensation from different insurance providers. In Wisconsin, liability insurance is mandatory, and driving without it can result in significant fines and suspension of driving privileges. If the at-fault party is uninsured, you may need to file specific forms with the DMV and seek compensation through your own insurance or other means.
PUNITIVE DAMAGES IN WISCONSIN
Punitive damages are awarded in cases where the defendant’s behavior was particularly reckless or malicious, such as in cases involving drunk driving. These damages are intended to punish the wrongdoer and deter similar conduct in the future. In Wisconsin, punitive damages are capped at twice the amount of compensatory damages or $200,000, whichever is greater. Learn more about Wisconsin Laws that can impact your claim.
Common Car Accident Injuries in Madison, WI
Victims of car accidents can experience a wide range of injuries, each carrying its own set of challenges.
WRONGFUL DEATH: The most heart-wrenching outcome of any accident is wrongful death. After a tragic loss, family members are left to confront the overwhelming grief of losing a member suddenly due to another’s oversight or carelessness, while also coping with vast expenses.
BRAIN TRAUMA: Traumatic brain injuries are a common repercussion of car accidents. The impact can result in concussions or more severe brain damage, affecting a person’s memory, cognitive function, or even personality.
SPINAL CORD INJURIES: Spinal cord injuries are another severe aftermath of car collisions. Whether it’s herniated discs or more severe injuries that can lead to paralysis, the repercussions on a victim’s mobility and overall quality of life can be significant.
FRACTURES AND BREAKS: Broken bones, though common, are by no means trivial. From simple fractures to compound breaks, these injuries can lead to long recovery periods, surgeries, and in some cases, lasting discomfort or disability.
INTERNAL INJURIES: Car accidents can also cause internal injuries, which, without immediate attention, can become life-threatening. These injuries might not manifest obvious symptoms immediately but can have grave consequences if left untreated.
PAIN AND SUFFERING: Beyond the physical, the psychological impact of car accidents can’t be understated. Survivors often grapple with emotional and mental challenges like post-traumatic stress, anxiety, and even depression. The scene of the accident, the sounds, or even just being in a vehicle can trigger these emotional responses, requiring therapy and time to heal.
Recognizing the vast range of potential injuries and their impacts is crucial for car accident victims. Our car accident lawyers seek restitution and justice in auto accident cases, and understanding the breadth of these injuries and their implications ensures victims are adequately compensated for both visible and invisible scars.
Why Pemberton PI
If you’ve been injured in a car accident in Madison, don’t navigate this challenging time alone. Building the strongest case possible to prove fault and damages after a car accident is what we do. At Pemberton PI, our dedicated team is here to guide you through every step to maximize your compensation. Contact us for a free consultation. Let us help you get the justice and compensation you deserve.
PEMBERTON PERSONAL INJURY LAW FIRM
5609 Medical Cir #4
Madison, WI 53719
(608) 448-6242