A serious car accident can upend your life in seconds, leaving you with painful injuries, mounting medical bills, time away from work, and a confusing insurance claims process. Wisconsin law may allow you to seek compensation for the losses another driver’s negligence caused, but insurance companies may move quickly to settle for less than your claim is worth. At Pemberton Personal Injury Law Firm, our Madison car accident lawyers handle the insurance process for you so you can focus on healing. Our Wisconsin car accident lawyers handle these claims statewide.
Attorney William Pemberton founded this firm to stand up for injury victims across Wisconsin. Our team has recovered $40M+ for Wisconsin clients, including a $1.2 million settlement for a woman who suffered severe blood loss and broken bones in a crash, and a $1 million policy-limit recovery, with all medical liens waived, for another Madison-area client. We handle every aspect of your claim on a contingency fee basis: no upfront costs, no hourly charges, and no fee unless we win. Contact us today for a free consultation.
Wisconsin Sets Deadlines for Car Accident Claims
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.
Pemberton has recovered $40M+ for injured Wisconsinites. We work on contingency, so you pay nothing unless we win. Free consultations available 24/7 from our Madison and Baraboo offices.
Not sure what to do after a car accident in Wisconsin? Attorney William Pemberton walks through what injury victims need to know, from dealing with insurance companies to learning what your claim may be worth. Watch the video below, then read on for a full breakdown of your rights and options.
Our Madison personal injury lawyers know Wisconsin’s legal system and Dane County courts. Below, you will find your rights, the claims process, and how Pemberton works to pursue the compensation you may be owed.
Car Accidents in Madison: A Problem for Residents
State Patrol crash data for 2020 to 2022 lists a distracted driver as a contributing factor in 40% of injury and fatal crashes in Dane County, compared with 36% statewide. In 2022, Dane County recorded 8,216 crashes, including 1,736 injury crashes and 34 fatal crashes. Madison’s university traffic, busy commuter routes such as the Beltline, and large numbers of pedestrians and cyclists can add to the risk. In its US 51 (Stoughton Road) study, WisDOT counted 426 rear-end crashes from 2017 to 2021, and about 60% happened at Buckeye Road or Pflaum Road.
While accident severity varies, the challenges for victims are often the same: confusion about fault and legal rights, insurance companies offering quick settlements, and the stress of managing a claims process while trying to recover. We take over the legal process so you do not have to handle it alone. You can also read more about where car accidents happen most often in Madison.
Types of Car Accidents Our Madison Attorneys Handle
No two car crashes are alike. We handle the full range of motor vehicle collision cases throughout Dane County and Wisconsin, including:
Distracted driving accidents: texting, phone use, GPS input, eating, or any other inattention that takes a driver’s eyes or focus off the road
Drunk and impaired driving crashes: OWI/DUI accidents often involve more severe injuries and may support punitive damages; our Madison drunk driving accident attorneys handle these cases with care
Rear-end collisions: often caused by tailgating or inattention. Liability is often clear, but insurance companies may still dispute how much your claim is worth
Head-on collisions: among the most catastrophic crash types, often causing life-altering injuries requiring long-term care
Uninsured and underinsured motorist accidents: if the at-fault driver has no insurance or insufficient coverage, your own UM/UIM policy may be the primary source of compensation
Hit-and-run accidents: we work to identify the at-fault driver and pursue available coverage, including uninsured motorist benefits
Rideshare accidents: Uber, Lyft, and other rideshare crashes involve complex overlapping insurance policies; our Madison rideshare accident lawyers know how to navigate them
Fatal car accidents: when a crash results in death, surviving family members may have a wrongful death claim under Wisconsin Statute § 895.04
If you don’t see your specific situation listed, contact us anyway. We review every case and will help direct you to the right resources if we’re not the best fit. We also have Madison pages for motorcycle accidents, pedestrian accidents, and bicycle accidents.
How Our Madison Car Accident Attorneys Help You
When you hire Pemberton, we handle every phase of your claim from start to finish. Here is what our team does on your behalf:
Investigate the crash, analyze the police report, and identify all liable parties
Gather and preserve evidence: photos, video footage, witness statements, and black box data where available
Work with accident reconstruction professionals and medical professionals when needed
Handle all communication with insurance adjusters so you don’t inadvertently harm your claim
Calculate the full value of your damages, current and future, so nothing is undervalued
Negotiate for a fair settlement, and take your case to trial when a fair offer is not made
We are experienced courtroom litigators and are ready to take a case to trial when an insurer will not offer a fair settlement.
What to Do After a Car Accident in Madison
Right after an accident, prioritize moving to safety and checking for injuries. Call 911 to report the crash, even if the accident seems minor. A police report is essential for insurance claims and legal proceedings, and any crash causing injury or $1,000 or more in property damage must be reported under Wisconsin Statute § 346.70(1).
Seek medical attention immediately: even if you feel fine, some injuries, including internal trauma and traumatic brain injuries, may not produce symptoms for hours or days. A prompt medical evaluation protects both your health and your legal case.
Document everything: photograph the scene, vehicle damage, road conditions, and any visible injuries. Collect names, phone numbers, license plate numbers, driver’s license numbers, and insurance information from all drivers involved. Get contact information for any witnesses.
Be careful when speaking with the other driver’s insurance adjuster. Even well-meant statements may affect your claim. You can decline a recorded statement until you have legal advice.
Be cautious about quick settlement offers. Early offers may be lower than the true value of your claim, and once you sign a release, you generally cannot seek more. Read more about whether to take the first settlement offer.
Contact Pemberton Personal Injury Law Firm: the sooner we get involved, the better we can protect and preserve evidence critical to your case.
Compensation Available After a Madison Car Accident
Wisconsin law allows car accident victims to recover compensation for all losses caused by the crash. Depending on your situation, that may include:
Past and future medical expenses: emergency care, hospitalization, surgery, physical therapy, medications, and any ongoing treatment your injuries require
Lost wages and reduced earning capacity if your injuries prevent you from working at the same level as before the crash
Pain and suffering: physical discomfort and the emotional toll of your injuries
Property damage: repair or replacement of your vehicle and any personal property damaged in the crash
Loss of enjoyment of life for activities you can no longer participate in because of your injuries
Wrongful death damages if a family member was killed, including loss of financial support, loss of companionship, and funeral expenses
In rare cases where a driver acted maliciously or with intentional disregard for your rights, Wisconsin law may also allow punitive damages. These may not exceed twice the compensatory damages or $200,000, whichever is greater (Wis. Stat. § 895.043(6)).
How Long Do Car Accident Settlements Take?
Car accident settlements can take anywhere from several months to a few years, depending on the complexity of the case. Cases with clear liability and straightforward injuries often resolve faster. Cases involving severe injuries, disputed fault, multiple liable parties, or the need for litigation typically take longer. The most important factor is reaching your point of maximum medical improvement before settling. Locking in a number before the full scope of your future medical needs is known can significantly undervalue your claim. Our attorneys will advise you on timing to help you pursue the full value of your claim.
Wisconsin Is a Fault State — Here’s What That Means for You
Wisconsin operates under a fault-based insurance system, meaning the driver who caused the accident is financially responsible for the resulting injuries and damages. Under Wisconsin’s modified comparative negligence rule (Wis. Stat. § 895.045), you can still recover compensation if you were partly at fault, as long as your share of responsibility is not greater than that of the person you are seeking compensation from. In a typical two-driver crash, that means 50% or less. Your recovery is reduced by your percentage of fault. Learn more about Wisconsin’s modified comparative negligence law.
Insurance companies may try to assign more fault to you than the evidence supports. We investigate independently, respond to unwarranted fault claims, and present the evidence needed to show who was responsible. If the at-fault driver was uninsured or underinsured, we explore your own UM/UIM coverage, umbrella policies, and any other available sources of compensation.
Common Car Accident Injuries
The force of a car crash can cause a wide range of injuries, from soft-tissue strains to catastrophic, life-altering trauma. We have handled cases involving all of the following:
Traumatic brain injuries (TBI): including concussions, skull fractures, and hemorrhage, which can affect memory, cognition, and personality. Visit our Madison brain injury lawyers page for more.
Spinal cord damage: herniated discs, nerve damage, and injuries causing partial or total paralysis. Our Madison spinal cord injury lawyers handle these complex cases.
Broken bones and fractures: ranging from simple breaks to complex multi-fracture injuries requiring surgery and long recovery
Internal injuries: organ damage from blunt-force trauma that may not be immediately apparent and can become life-threatening if untreated
Soft-tissue injuries: whiplash and muscle tears that can cause chronic pain lasting months or years
Wrongful death: when a crash is fatal, surviving family members may pursue a wrongful death claim through our Madison wrongful death attorneys
Frequently Asked Questions About Madison Car Accident Claims
Should I speak with the at-fault driver’s insurance company after a crash in Madison?
No, not before speaking with an attorney. The other driver’s insurance company has its own interests in how your claim is handled. Adjusters may ask for statements that can affect your claim, even if your comments seem harmless. Decline to give any recorded statement and do not sign any release or accept any settlement offer before consulting with a car accident attorney.
How long do I have to file a car accident lawsuit in Wisconsin?
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 (Wis. Stat. § 893.54). However, there are important exceptions and nuances that can affect the applicable deadline. For example, a wrongful death claim caused by a motor vehicle accident generally must be filed within two years under § 893.54(2m). Missing a deadline may mean losing your right to compensation, so talking with an attorney early is a good idea.
What if the driver who hit me does not have insurance?
You may still have significant options. Wisconsin requires drivers to carry auto insurance, but not all comply. If you are hit by an uninsured or underinsured motorist, your own uninsured or underinsured motorist (UM/UIM) coverage may apply. We will review every insurance policy that could provide coverage, including your auto policy, umbrella policy, and others, and pursue every available source of compensation on your behalf. Read more about whether it is worth suing an uninsured driver.
Can I still recover compensation if the accident was partly my fault?
Yes, in most cases. Under Wisconsin’s modified comparative negligence rule (Wis. Stat. § 895.045), you may still recover compensation if your share of fault is not greater than that of the person you are seeking compensation from. In a typical two-driver crash, that means 50% or less. Your award is reduced by your percentage of fault. If you were 25% at fault and your total damages are $200,000, you could recover up to $150,000. Insurance companies may try to increase an injured person’s fault percentage. We review the evidence and respond when that happens.
What if the driver who caused my accident fled the scene?
A hit-and-run crash does not necessarily eliminate your ability to recover compensation. Your own uninsured motorist coverage may apply even when the at-fault driver is unknown. Your policy may include notice and reporting requirements, so report the accident to police immediately, seek medical attention, and contact a car accident attorney as soon as possible.
How much is my car accident case worth?
Every case is different. The value of a car accident claim depends on factors including the severity of your injuries, the cost of your past and future medical treatment, the impact on your ability to work, the degree of pain and suffering you have experienced, and the available insurance coverage. We evaluate every category of loss, economic and non-economic, to calculate the full value of your claim before we negotiate. Read more about how much a car accident claim may be worth.
Free Case Evaluation from Our Madison Car Accident Lawyers
At Pemberton Personal Injury Law Firm, our Madison car accident attorneys are dedicated to helping you pursue fair compensation after a crash caused by someone else’s negligence. We have recovered millions for Wisconsin car accident victims, and we handle every case on a contingency fee basis with no upfront costs.
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.
But So Do We—and Our Focus Is Protecting Yours.
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.
Free Case Evaluation From Our Wisconsin Car Accident Lawyers
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.
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 suffered severe whiplash with pinched nerve damage and left-sided pain, numbness, headaches, left-arm and hand soreness, cervical radiculopathy, back and shoulder pain, blurry vision, and resulting depression after the crash. With medical bills totaling $239,342.16, we negotiated a $250,000 settlement to compensate the client for extensive medical care, ongoing neurological and musculoskeletal symptoms, and the emotional impact of the collision.
The client suffered a fractured L4, sprained right knee and left ankle, chest/abdominal wall contusions, and widespread bruising after the collision, incurring $86,675.75 in medical bills. We negotiated a $245,000 settlement to cover medical expenses and compensate the client for their injuries and recovery needs.
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