Client sustained life-threatening injuries after being hit by a driver who passed away at the scene. We obtained close to the policy limits with an additional claimant pre-suit and negotiated medical liens down over $250,000.
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Car accidents cause challenges that go beyond unpaid medical bills and dented fenders. Victims can experience emotional distress and a complicated claims process they’re not familiar with.
To get compensation for a car accident injury, you need to prove the extent of your injury-related losses and that the other person was at fault. Gathering all the necessary documents and working with a skilled Wisconsin personal injury lawyer can greatly improve your chances of negotiating your claim’s payout.
You’ll typically want to get started on a claim right away after an accident. These matters can take a long time. In Wisconsin, the statute of limitations for a car accident injury is three years. Victims can sometimes wait months and months before seeing reimbursement and financial recovery.
To secure compensation, you must provide evidence of the damages suffered due to the accident, including:
Navigating the car accident 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.
We serve clients throughout Wisconsin. You can find us in Madison, Baraboo, and Eau Claire, or call (608) 448-6242.
With no upfront costs, Pemberton Personal Injury Law Firm fights the legal battle for car accident victims across Wisconsin. Our team can you navigate the legal system to find the best option for obtaining injury compensation. We represent clients in various auto accident cases, including basic car accidents, complex truck accidents, and even Wisconsin rideshare accidents involving Lyft or Uber.
Wisconsin is a fault state for car accidents. This means the at-fault driver will be responsible for the injured person’s medical bills and lost wages. They will also be liable for pain and suffering compensation. This differs from no-fault states, where your auto insurance covers your injuries regardless of fault for the accident.
Wisconsin’s comparative negligence rule is also referred to as the 51 percent rule. This means that if you are 50% or less responsible for an accident, you can 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. But you must be less than 51% at fault.
This aspect of car accident law can confuse clients. Don’t worry, our lawyers will take care of the complex issues so you can focus on other matters – like recovering.
Official documentation of the accident helps establish facts and fault. After an accident, you should take photos of the accident scene, including vehicle damage, and be sure to seek medical help for injuries. Similarly, consistent and credible statements from witnesses of the accident can improve your case.
Reporting the accident to the police and to the appropriate insurance provider is critical to ensuring a smooth claims process.
Damages from a car accident include more than just medical costs. Economic damages include lost wages and property damage. Non-economic damages cover pain and suffering, emotional distress, and loss of enjoyment in life.
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. That includes records of treatment, ongoing care, and prognosis. Injuries resulting in permanent disability or disfigurement can significantly impact the claim’s value.
Seeking immediate medical attention after the accident is critical. Insurance companies may argue that your injuries were not serious or linked to the accident. If the accident made existing injuries worse, you can include this in your claim. However, you will need clear medical evidence to support this.
Beyond documentation of the injury itself, it will be necessary to gather evidence for other types of damages 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 also provide necessary proof of property damage.
Non-economic damages such as pain and suffering, emotional distress, and loss of enjoyment also require thorough documentation. Statements from loved ones and therapists can support claims for non-economic damages by providing insights into the accident’s effects on your life.
Building the strongest case possible to prove fault and damages after a car accident is what we do. At Pemberton Personal Injury Law Firm, our dedicated team is here to guide you through every step to maximize your compensation. We’d be glad to support you in these challenging times.
When another driver’s reckless choices cause a crash, the consequences can be devastating — and cases involving impaired drivers often come with additional legal considerations. If you were hit by an intoxicated driver, our Wisconsin drunk driving accident attorneys can help you pursue every avenue of compensation available to you.
You’ll find that liability is a complex matter when it comes to car accidents. 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.
In personal injury claims after a car accident, liability insurance most commonly covers the cost of damages and injuries the insured driver causes to others. In most states, including Wisconsin, liability insurance is mandatory. If you’re caught driving without proof of insurance, you may be fined up to $500, and the state may suspend your driving privileges.
In most cases, motorists in Wisconsin must legally provide proof of insurance or financial responsibility (SR22 Certificate) to the Wisconsin DMV. This shows that they have liability insurance.
The coverage required by law is $25,000 per injured person and $50,000 per accident if the accident effected two or more people. This implies that if an accident occurs with three injured individuals, the liable person’s insurance will cover up to $50,000 in total.
However, any single person’s compensation will not exceed $25,000 under that liability coverage. Wisconsin’s SR Law encourages motorists to maintain liability coverage. It imposes driver licensing and vehicle registration sanctions on uninsured drivers who don’t pay for damages they cause in a motor vehicle accident.
If the at-fault party does not have liability insurance, three forms must be submitted to hold the at-fault party responsible for the damages:
After the DMV receives these forms, they have six months to review and process them before sending a Notice of Suspension to the at-fault motorist.
Unsure how to follow this process? Connect with our car accident attorneys for assistance.
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, and more.
There are a number of common tactics that insurance companies will employ to try to minimize payouts and deprive you of compensation. Stay on the lookout to avoid putting yourself at a disadvantage as you pursue compensation.
Hit-and-run car accidents can have a devastating impact on the lives of victims, both physically and emotionally. These incidents can cause serious injuries or even deaths. They can also leave people and their families with lasting trauma and financial problems.
At Pemberton, we know how difficult it can be to face the aftermath of a hit-and-run in Wisconsin. Common questions include: How do I obtain compensation if no one finds the other driver? and will my insurance go up if I make my claim after a hit and run?
Our car accident lawyers will provide answers to these questions and more. You shouldn’t have to worry about how to pay for your expenses after a hit-and-run.
At Pemberton Personal Injury Law Firm, we strive to bring our clients peace of mind. We will go above and beyond to protect your rights and fight to maximize your compensation payout. We understand the toll that an injury can have on the injured and their loved ones. You don’t have to go through it alone. Contact us today.
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) 737-3498 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.
$33M+ Won For Our Clients
Client sustained life-threatening injuries after being hit by a driver who passed away at the scene. We obtained close to the policy limits with an additional claimant pre-suit and negotiated medical liens down over $250,000.
In this car accident case, the client suffered catastrophic injuries in a head-on collision when the at-fault driver crossed the center line. Her injuries included multiple broken bones in the chest, ribs, wrist, and ankle, internal injuries requiring intestinal surgery, and a damaged artery in the spine. With medical expenses exceeding $4,000, we secured the at-fault driver’s full insurance coverage and pursued an additional $1,000,000 from the client’s own insurance policy. We also negotiated a reduction of more than $468,000 in outstanding medical costs to ensure the client received maximum financial recovery for her life-altering injuries and permanent impact on her ability to work.
The client’s loved one suffered a fatal injury in an auto collision that resulted in over $382,000 in medical bills. Acting as the family’s second attorney, we navigated difficult policy-limit issues and secured a $1,000,000 settlement. While the case had greater overall value and the family would have liked a higher recovery, they chose to settle to avoid prolonged litigation and move forward.
“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”