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 are not familiar with.
To get compensation for a car accident injury, you need to show the extent of your injury-related losses and that the other person was at fault. Gathering the right documents and working with a skilled Wisconsin personal injury lawyer can help you through the claims process.
It helps to start a claim soon after an accident, because these matters can take a long time. Typically, a lawsuit must be filed within three years from the date of the accident, and this time period generally applies to car accident claims under Wisconsin law. However, there are important exceptions and nuances that can affect the applicable deadline. Many victims wait months before they see financial recovery.
To secure compensation, you must provide evidence of the damages caused by the accident, including:
The claims process involves filing claims, negotiating with insurance companies, and sometimes disputing a denial. 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.
Wisconsin is an at-fault state for car accidents. That means the driver who caused the crash may be responsible for the injured person’s medical bills, lost wages, and pain and suffering. This differs from no-fault states, where your own auto insurance covers your injuries regardless of fault. Some crash types point toward fault from the start. In rear-end collisions, Wisconsin law requires drivers to keep a safe following distance, and head-on collisions often involve a driver who crossed the center line or traveled the wrong way.
Wisconsin follows a modified comparative negligence rule under Wis. Stat. § 895.045. In general, you may still recover compensation if your share of fault is not greater than the share of the person you are seeking recovery from. Any compensation is reduced by your percentage of fault. This area of law can be confusing, and our lawyers can explain how it applies to your case so you can focus on recovering.
Official documentation of the accident helps establish the facts and fault. After a crash, these steps can help protect your claim:
Consistent and credible statements from witnesses can also strengthen your case.
Medical records are central to a claim. They show your treatment, ongoing care, and prognosis, and they connect your injuries to the accident. The severity of your injuries plays a significant role, and injuries that lead to permanent disability or disfigurement can greatly affect a claim’s value. Seek medical attention right away, because an insurance company may argue that your injuries were not serious or were not caused by the crash. If the accident made an existing injury worse, you can include this in your claim, but you will need clear medical evidence.
Economic damages include lost wages, vehicle repair or replacement costs, and out-of-pocket expenses. Pay stubs, tax returns, employer statements, receipts, and repair estimates can support these claims. Non-economic damages such as pain and suffering, emotional distress, and loss of enjoyment of life also need documentation. Statements from family members, friends, and therapists can show how the accident has affected your daily life.
At Pemberton Personal Injury Law Firm, we help car accident victims across Wisconsin build their claims, work with insurance companies, and understand their options. There are no upfront costs, and you pay nothing unless we recover compensation for you.
We represent clients in many types of crashes, including everyday car accidents, truck accidents, motorcycle accidents, distracted driving accidents, and Wisconsin rideshare accidents involving Lyft or Uber. When another driver’s choices cause a crash, the consequences can be serious, and cases that involve impaired drivers often raise extra legal questions. If you were hit by an intoxicated driver, our Wisconsin drunk driving accident attorneys can help you understand the options available to you.
Liability can be a complex matter in car accident claims. Depending on the at-fault driver’s insurance coverage, you may need to seek compensation from different insurance providers at different times after the accident.
Wisconsin drivers must carry liability insurance. According to WisDOT, the minimum coverage is $25,000 for the injury or death of one person, $50,000 for the injury or death of more than one person, and $10,000 for property damage. Operating a vehicle without insurance may result in a fine of up to $500, and drivers must show proof of insurance if law enforcement asks for it at a traffic stop or accident.
These are minimum limits, and a serious injury can cost more than a policy pays. That is why other sources of coverage can matter, as explained below.
Wisconsin’s Safety Responsibility Law was created to protect people who are hurt or suffer damage in crashes caused by uninsured drivers. It can lead to driver license and vehicle registration sanctions for uninsured drivers who are at fault and do not pay for the damage they cause. In certain situations, a driver may also be required to file proof of financial responsibility, known as an SR22 certificate, with the DMV.
Wisconsin auto policies are generally required to include uninsured motorist coverage, so your own policy may help if an uninsured driver causes your crash. An attorney can review your policy and any other coverage that may apply.
The state also has a process for crashes with uninsured drivers. WisDOT says you can submit the following forms together, and DMV staff review and process them within about 180 days:
If the DMV finds that an uninsured driver appears to be at fault, it can send that driver a notice of suspension. Unsure how to follow this process? Connect with our car accident attorneys for assistance.
If the at-fault driver is uninsured or underinsured, you may be able to seek compensation from other coverage you have. This can include uninsured motorist coverage, underinsured motorist coverage if you purchased it, medical payments coverage, and umbrella insurance.
Insurance claims can move quickly, and early decisions can affect your claim. Keep these points in mind:
An attorney can handle these communications for you.
Hit-and-run crashes can leave victims with serious injuries, lasting stress, and financial worries. 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 a claim after a hit-and-run?
Our car accident lawyers can answer these questions and help you understand your options.
At Pemberton Personal Injury, we aim to give clients peace of mind. We work to protect your rights and pursue the compensation your case may support, and we understand the toll an injury can take on you and your family. You do not have to go through it alone. Contact us today for a free case evaluation.
Here are answers to common questions about car accident claims in Wisconsin.
With four offices across the state, we're never far from where you need us.
Insurance companies have extensive resources and experience protecting their profits. They may deny valid claims, undervalue injuries, or pressure people into accepting less than they deserve. They know how to protect their interests.
At Pemberton Personal Injury Law Firm, we understand the strategies insurance companies use to minimize claims, and we are prepared to challenge them. We carefully investigate each case, calculate the complete impact of our client’s injuries, and pursue the compensation available under the law.
When insurance adjusters see Pemberton involved, they know they are facing a legal team that will come prepared, stand firm, and fight for its clients.
You didn’t ask to be injured or forced into a dispute with a powerful insurance company. You deserve a legal team that will listen to you, explain your options, and stand beside you throughout the process.
We do not back down when an insurance company refuses to treat our clients fairly. Every client receives determined advocacy, compassionate support, and the preparation their case deserves.
Every case is different, and past results do not guarantee a similar outcome.
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
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.
The client sustained catastrophic injuries in a car accident — dislocated ribs and multiple vertebrae (including C3–C4, L4–L5, S1), a C2–3 cord lesion with right leg pain/weakness, concussion with loss of consciousness, abrasions, and ongoing neck, shoulder, back, knee and hip problems, as well as anxiety, depression and PTSD. With medical bills totaling $203,240.17, we secured a $595,000 settlement to compensate the client for extensive physical and psychological harms and to maximize their recovery.
The client was injured in an auto accident, sustaining injuries to the left shoulder, lower back, left hand, as well as whiplash and dental damage. The insurer initially refused to make any settlement offer. We filed suit and secured the full $500,000 policy limit without the need for depositions or trial, while also reducing liens by $30,242.98.
“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”
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By submitting, you agree to be contacted by our team about your download and how we can help. We’ll never share your information. Submitting this form does not create an attorney-client relationship.