Wisconsin Car Accident Lawyers
According to the latest data available sourced from a collaborative project between the University of Wisconsin-Madison and The Wisconsin Department of Transportation (WisDOT), across all counties in Wisconsin in 2023, there were 28,317 car accidents related to speeding, impaired driving, or distracted driving resulting in 283 fatalities and 11,378 injuries. In the greater Madison area alone during 2023 there were 9,024 crashes reported resulting in 29 fatalities and 2,285 injuries.
Car accidents resulting in personal injury in Wisconsin totaled 25,071 in 2022 with 547 crashes resulting in a fatality. Many accidents involve injury to multiple drivers and/or passengers, leading to a total of 595 people killed and 33,813 people injured in 2022. That means that in 2022, a person was injured in a crash every 16 minutes. In that same year, 6,536 injuries were from speed-related crashes, 2,504 were from hit and runs, 3,556 from impaired driving, 3,008 were alcohol-related, and 1,144 were drug-related.
Personal injuries resulting from car accidents where the injured party is not at fault represent a persistent and pervasive problem for residents in Wisconsin. These injuries can range from relatively minor to highly complex with many unexpected impacts on the health and well-being of those injured and their families.
Successfully claiming compensation for a car accident injury involves not only proving the extent of your damages but also establishing the other party’s fault. Collecting comprehensive documentation and working with a knowledgeable personal injury attorney can significantly enhance your ability to negotiate with insurance companies and navigate the legal system effectively.
Claiming Compensation
In Wisconsin, the statute of limitations in personal injury claims for injury resulting from a car accident is three years. To secure compensation, you must provide evidence of the damages suffered due to the accident including medical records, bills, proof of lost wages, documentation of property damage, and demonstrating non-economic damages like pain and suffering, emotional distress, and loss of enjoyment of life. Demonstrating that another party’s negligence caused the accident is also essential for a successful claim.
Navigating the claims process requires effective communication with insurance companies. This involves filing claims, negotiating settlements, and sometimes disputing claim denials. If an agreeable settlement cannot be reached, it may be necessary to file a lawsuit.
MAXIMIZE YOUR CLAIM
With no hourly fees or upfront costs, Pemberton Personal Injury Law Firm is dedicated to securing the maximum compensation available for people across Wisconsin who have been injured in a car accident. Let our team help you navigate the legal system to find the best option for obtaining compensation for your injury.
Proving fault in Wisconsin
Wisconsin is a fault state for car accidents. The at-fault driver can be held liable for the injured party’s medical expenses, lost earnings, property damages, and pain and suffering. This differs from no-fault states, where your auto insurance covers your injuries regardless of fault for the accident.
WISCONSIN’S COMPARATIVE NEGLIGENCE RULE
Wisconsin’s comparative negligence rule is also referred to as the 51 percent rule. This means that if you are found to be responsible for 50% or less of an accident, you can try to recover damages. The extent to which you were responsible for the accident can also affect your claim. If you are partially at fault for a car accident in Wisconsin, your compensation can be reduced by your percentage of fault, provided it is less than 51%.
DOCUMENTATION OF THE ACCIDENT
Official documentation of the accident, such as photos of the accident scene, vehicle damage, and injuries, helps establish facts and fault and can lend support to your claim. Similarly, consistent and credible statements from witnesses of the accident bolster your case.
Reporting the accident to the police and to the appropriate insurance provider is critical to ensuring a smooth claims process.
Proving damages from a car accident
Damages from a car accident include more than just medical costs. Economic damages such as lost wages and property damage are also considered, along with non-economic damages such as pain and suffering, emotional distress, and loss of enjoyment in life.
DOCUMENTATION OF INJURIES
The severity of your injuries plays a significant role in the claim with more severe injuries typically resulting in higher compensation. Proof of injury through medical documentation is essential to proving fault in Wisconsin, including records of treatment, ongoing care, and prognosis. Injuries resulting in permanent disability or disfigurement can significantly impact the claim’s value.
The level of necessity behind immediate and ongoing medical treatment, rehabilitation, and potential long-term care will be a key factor in determining the size of your claim. This is why seeking immediate medical attention after the accident is crucial. Delays can be used against you to argue that the injuries were not severe or related to the accident. If the accident exacerbated pre-existing injuries or conditions, this can be factored into the claim, but requires clear medical evidence.
DOCUMENTING OTHER DAMAGES
Beyond documentation of the injury itself, it will be necessary to gather evidence for other types of damages in order to claim all compensation you are entitled to. Economic damages include records of lost wages, repair or replacement costs for damaged property, and any out-of-pocket expenses directly related to the accident. Pay stubs, tax returns, and statements from employers can support claims for lost income. Receipts and estimates for vehicle repair or replacement provide necessary proof of property damage.
Non-economic damages such as pain and suffering, emotional distress, and loss of enjoyment in life require thorough documentation as well. Keeping a detailed journal of your physical and emotional condition following the accident can be helpful. Statements from family members, friends, and therapists can also support claims for non-economic damages by providing insights into how the accident has affected your daily life and mental health.
WISCONSIN LAWS ON PUNITIVE DAMAGES
There are specific laws in Wisconsin that impact the ability to claim punitive damages in a car accident. Punitive damages are awarded in addition to compensatory damages and are intended to punish the defendant for particularly egregious or reckless behavior and to deter similar conduct in the future.
In Wisconsin, punitive damages are only awarded if the defendant acted with intentional disregard of the rights of the plaintiff or if the defendant’s conduct was malicious, willful, or in reckless disregard of the plaintiff’s rights. This standard is codified in Wisconsin Statute § 895.043(3). The plaintiff must prove by clear and convincing evidence that the defendant’s conduct was sufficiently egregious to warrant punitive damages. This is a higher burden of proof than the standard of evidence used for compensatory damages. As described in Wisconsin Statute § 895.043(6), Wisconsin imposes a cap on punitive damages to not exceed twice the amount of compensatory damages awarded or $200,000, whichever is greater.
In car accident cases, punitive damages may only be pursued if the at-fault party’s conduct was particularly egregious, such as if the defendant was driving under the influence of alcohol or drugs, extreme cases of reckless driving, and in cases of a hit and run where the defendant fled the scene of the accident.
WE CAN HELP
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. Trust us to be your advocate and to support you in these challenging times.
Liability insurance in Wisconsin
Depending on the status of the at-fault party’s insurance coverage, you may need to seek compensation from different insurance providers at different times following the accident.
Liability insurance is the most common type of insurance involved in personal injury claims following a car accident. Liability insurance is designed to cover the cost of damages and injuries the insured motorist causes to others in an accident. In most states, including Wisconsin, liability insurance is mandatory. If you’re caught driving without proof of insurance (or acceptable substitute demonstrating financial responsibility), you may be fined up to $500 and the state may suspend your driving privileges.
WISCONSIN’S SAFETY RESPONSIBILITY (SR) LAW
In most cases, motorists in Wisconsin must legally provide proof of insurance or financial responsibility (SR22 Certificate) to the Wisconsin Department of Transportation Division of Motor Vehicles (DMV), showing that they have liability insurance. While the information about this law provided by the DMV states that the required coverage for liability insurance is “at least $25,000 for death”, “$50,000 for personal injury”, and “$10,000 for property damage”, it is important to note that the Wisconsin state required coverage for death and injury is the same. The coverage required by law is $25,000 per person injured or killed and $50,000 per accident in the event of death or injury of two or more people, as stated in Wisconsin state legislature. This means that if a person causes an accident and three people are injured, the liable person’s liability insurance will cover up to $50,000 to compensate all three people’s injuries, and any single person’s compensation will not exceed $25,000 under that liability coverage. Wisconsin’s SR Law incentivizes motorists to maintain liability coverage by imposing driver licensing and vehicle registration sanctions against uninsured motorists who do not pay for damages they cause in a motor vehicle accident.
UNINSURED MOTORISTS
If the at-fault party does not have liability insurance, 3 forms must be submitted in order to hold the at-fault party responsible for the damages: form MV3658 evaluation of motor vehicle damage, form MV3657 evaluation of property damage, and form MV3656 evaluation of personal injury. After the DMV receives these forms they have 6 months to review and process them before sending a Notice of Suspension to the at-fault motorist. Learn more about the process for compensation in the event of an accident with an uninsured motorist from the Wisconsin Department of Transportation.
OTHER FORMS OF INSURANCE
If the at-fault party is uninsured or underinsured, you may be able to seek compensation for both economic and non-economic damages from other forms of insurance that you may have. This includes umbrella insurance, underinsured motorist coverage, personal injury protection, disability insurance, and health insurance.
Insurance pitfalls to avoid after an accident
There are a number of common tactics that insurance companies will employ to try to minimize payouts and deprive you of the compensation you are entitled to. Stay on the lookout to avoid putting yourself in a disadvantageous position as you pursue compensation.
QUICK OFFERS: Insurance companies may quickly offer a settlement that is significantly lower than what the claim is worth in hopes that the injured party will accept it before fully understanding the extent of their injuries or damages. They may add pressure by emphasizing the benefits of a fast resolution and downplaying the long-term consequences of accepting a low offer.
RECORDED STATEMENTS: Adjusters often request recorded statements soon after the accident. They may use this information to find inconsistencies or statements that can be used against the claimant later. They may ask leading questions designed to elicit responses that downplay the severity of the injuries or suggest the claimant was at fault.
DELAYING TACTICS: Insurance companies might delay processing the claim, hoping the injured party will become frustrated and accept a lower settlement out of desperation. They may repeatedly request additional documentation or medical records, causing further delays. In these situations, it is important to keep detailed records, follow up regularly, and respond promptly and completely.
LIABILITY DISPUTES: Insurance companies might dispute their policyholder’s liability, even when fault seems clear, to reduce their payout obligation. This could involve trying to shift some of the blame onto the injured party, arguing for reduced compensation based on comparative negligence laws, or attempting to bar compensation entirely by proving their policyholder is less than 50% at fault.
MINIMIZING INJURY: Adjusters may attempt to downplay injuries, arguing that they are not as severe as claimed, using medical records selectively or hiring their own medical experts to provide opinions that support their stance. Alternatively, they might claim that the injuries were pre-existing and not caused by the accident, thus limiting the settlement amount.
SURVEILLANCE: Insurance companies sometimes conduct surveillance to catch the injured person engaging in activities that contradict their injury claims, which can be used to argue that the injuries are not as severe as stated. Examples of common surveillance activities include recording the claimant lifting heavy objects or engaging in strenuous recreational activities. Investigators may also monitor social media for posts showing physical activity that might contradict the injury claim.
Why Pemberton PI
At Pemberton Personal Injury Law Firm, we care. We will go above and beyond to protect your rights and fight to maximize your payout. We understand the toll that an injury can have on the lives of the injured and their loved ones. You don’t have to go it alone.