Each year there are over 500 fatal car crashes and 26,755 injury crashes in Wisconsin [1]. A significant portion of these accidents occur as the result of the negligence or actions of another person, either through reckless driving or other factors.
The experienced car accident attorneys at Rosenfeld Injury Lawyers have helped many clients pursue maximum compensation for their claims. Read on to learn more about the process of filing a claim, the types of financial compensation you could recover, the statute of limitations in Wisconsin governing your case, and what it costs to hire legal representation.
Filing a Car Accident Claim With Rosenfeld Injury Lawyers
Working with a personal injury attorney from Rosenfeld Injury Lawyers can simplify the process of filing a claim for compensation after a serious car accident. While every case is unique, the proven process our team uses remains the same.
Free Consultation
During your free case evaluation, a personal injury lawyer will discuss what happened during the accident, review the evidence you have, and give you some recommendations for the next steps.
Case Investigation
Should you decide to move forward with your civil car accident lawsuit, our legal team will begin investigating your case. We’ll request the police report, medical records, and other forms of evidence to build a strong case. We will also work with accident reconstructionists, if needed, to show how the at-fault party caused your car accident.
Negotiations with Insurance Companies
Insurance adjusters are notorious for giving low settlement amounts for car collisions. We advise our clients to leave negotiating with insurance companies to us. We’ll negotiate with your insurance company and the other driver’s insurance company, as needed, to seek maximum compensation.
Preparing for Court
Some cases require going through the court process. In the event that your case must go to court, our team of car accident lawyers will prepare and lead your case through the court process.
Financial Compensation We Can Secure for Car Accident Victims
Even the most experienced car accident lawyer cannot guarantee how much financial compensation you may receive as a result of your car crash. However, the auto accident attorneys at Rosenfeld Injury Lawyers have had great success recovering substantial compensation for car accident claims.
To date, we have helped many of our clients secure multi-million settlements, including a $18.5 million settlement after a truck accident that was settled through mediation. We also helped a pedestrian hit by a commercial vehicle recover $7 million.
The Most Common Injuries We See in Auto Accident Cases
The most common car accident injuries include:
- Traumatic brain injury
- Whiplash
- Paralysis
- Broken bones
- Neck injuries
- Lacerations
- Internal bleeding
- Organ damage
- Burns
The Most Common Causes of Motor Vehicle Accidents in Wisconsin
The most common causes of motor vehicle accidents in Wisconsin by the numbers [2]:
- Alcohol and drugs account for 8,000+ crashes each year in Wisconsin
- Impaired driving-related crashes account for 7,000+ collisions each year
- Speeding accounts for 18,600+ crashes each year
- Hit and runs make up 19,800+ crashes each year
- Approximately 2,300 crashes a year occur in construction zones
Proving Fault in Car Accident Cases
To file a civil lawsuit against the parties responsible for your automotive accident, you will need to show how their actions or negligence caused a breach in their duty of care. causing your damages. Simply put, the other party behaved in such a way that it caused your injuries or losses.
For instance, if someone drives a vehicle and knows it has problems with its brakes and rear-ends you in traffic, you may be able to prove negligence on their part.
Knowing that a vehicle is defective means they have a responsibility to get it fixed right away. Driving the car without getting the problem fixed means they were negligent in maintaining their vehicle and put others at risk by driving it.
Damages Our Wisconsin Car Accident Lawyers Can Help You Recover
There are different types of damages that can be recovered after car crashes. Which types are available to you will depend on the specifics of your case and who the other parties are. Damages can be broken into four categories: economic, non-economic, punitive, and wrongful death.
Economic
Economic damages relate to objective financial losses you sustain as a result of your car accident. These damages can be correlated dollar for dollar for what you’ve already spent or will spend in the future as a result of the accident. These include:
- Medical expenses
- Lost wages
- Property damage
Non-Economic
Non-economic damages are more subjective. While there are common calculations the Wisconsin Department of Justice may recommend for non-economic damages, the judge will ultimately determine how much is awarded for these:
- Pain and suffering
- Emotional trauma
- Disfigurement or scarring
Punitive
Punitive damages are not awarded in every case. These are awarded when the at-fault driver or another defendant was acting especially dangerously or recklessly. Punitive damages are meant to dissuade them from behaving in the same manner again. Typically, you must receive some form of economic damages in order to have punitive damages applied to your case.
Wrongful Death
Some traffic accidents result in fatalities. If you’re filing a personal injury claim on behalf of a family member who has been killed in a car accident, you can file for:
- Past medical bills of the decedent
- Funeral and burial expenses
- Loss of companionship
- Lost income
Factors Affecting Car Accident Settlement Amounts
Even two different cases with similar circumstances could end up with different size settlements. There is no way to guarantee the outcome of a case. Despite this, there are some known factors that tend to impact settlement amounts of car accidents.
Extent of Injuries
A car accident case that resulted in more serious injuries will most likely have a higher settlement than a case with minor injuries. The more disruptive and life-altering the injuries, the higher the typical payout.
Amount of Losses
The financial loss you sustained during your auto accident will also impact the final settlement amount. The more medical bills, property damage, and lost wages you have, the higher the settlement amount.
Insurance Coverage Available
If insurance coverage is available, there is a possibility of higher settlements than if the case only involved individuals. This is because there are more assets involved, up to the policy limits set by your own insurance company and the insurance of the other driver involved. If your claim is against a business, you could also have a commercial insurance company involved.
Evidence and Witnesses
Stronger legal cases are also more likely to receive higher settlements. This is why it is so important to hire an experienced personal injury attorney to represent you. The better your evidence is and the more witnesses you have, the more solid your claim becomes. This can lead to higher financial compensation.
Fault
Under Wisconsin’s comparative negligence laws, you are able to file a lawsuit against another party as long as they hold at least 51% of the blame. In these cases, the settlement amounts are related to the proportion of fault.
You Have a Limited Time to File a Car Accident Claim in Wisconsin
Under Wisconsin law, the statute of limitations for personal injury, wrongful death, and product liability cases is three years. This means if you try to file your lawsuit after this date, you won’t be able to proceed.
While three years seems like a lot of time, it goes by quickly in the aftermath of a serious car accident. You will be focusing on getting ongoing medical treatment or therapy so it can be difficult to focus on your civil case.
Additionally, the sooner you can get your personal injury attorney working on your case, the more evidence can be preserved. Some types of evidence disappear sooner than others, such as business surveillance footage. By hiring car accident lawyers shortly after your car crash, you give your attorneys the earliest start in gathering this evidence.
What to Do After a Motor Vehicle Accident
The moments after a motor vehicle accident can be hazy and disorienting. Yet, the actions you take after a car crash matter to the outcome of your potential legal case. Follow these steps
- Call 9-1-1 – From the accident scene, no matter how minor the car crash seems, it is important to call 9-1-1 to report the crash to remain compliant with the law. Any subsequent investigations or documentation by police officers could be helpful later for your Wisconsin car accident claim.
- Seek medical attention – Even if you don’t believe you have been injured, seek immediate medical attention. Some life-threatening injuries, such as neck or brain injuries, may not be immediately obvious. It is best to seek emergency care to be checked out by a doctor.
- Document the accident scene – If you can safely do so, take pictures of the scene of the accident with your phone, including damage to all vehicles involved. If there are businesses nearby, take a photo of the storefronts or signs, too. There might be video surveillance of your accident. Try to get the contact information of any witnesses or other parties involved.
- File an insurance claim – Wisconsin is not a no-fault state, so you will need to file an insurance claim with the insurance company of the at-fault party.
- Contact our Wisconsin car accident lawyers – Schedule a free consultation with Wisconsin car accident lawyers to learn more about your legal options and possible next steps. You are under no obligation to proceed with a lawsuit from meeting with a Wisconsin personal injury attorney. However, you will have a better idea about potential next steps.
Legal Liability for Auto Accidents
Every car accident is different. Depending on the circumstances of your car crash and what specifically happened, there are a number of different parties that can be held legally liable after a Wisconsin car crash including
- At-fault driver – Nearly all cases resulting from car accidents will hold the at-fault driver liable for their actions. This can mean filing a claim against their insurance plan or from the other driver personally.
- Insurance company – Insurers have a vested interest in minimizing their own costs and will often offer low settlements to see if you’ll accept them. Your attorney can firmly negotiate with them to maximize the settlement from the insurance policy.
- Businesses – Many car accident cases involve businesses, whether the other vehicle was a company-owned commercial vehicle or if the accident took place on a business’s property.
- Government agencies – Occasionally, civil lawsuits for car accidents target government agencies to hold them accountable. Perhaps the accident involved a government-owned vehicle such as a fire truck or garbage truck. In other cases, a lack of signage or poorly maintained municipal roads caused an accident and the government agency responsible can be held liable.
- Parts manufacturers – Some car crash cases involve product liability from manufacturers for defective parts. In these cases, the manufacturing company can be held liable.
Types of Cases Our Wisconsin Car Accident Attorneys Handle
Our legal team has experience working on a wide variety of cases. We understand that every type of claim requires different tactics and proof. Some of the types of car accidents we handle include:
- Single vehicle accidents – Even in a single vehicle accident, it is possible to have a legal case.
- Trucking accidents – Truck accidents can cause significant injuries and more damage. Many drivers die as a result of an accident with a semi-truck or tractor-trailer.
- Drunk driving accidents – Drunk driving accidents are unfortunately common and can cause serious and life-altering injuries.
- Reckless driving accidents – Much like drunk driving accidents, it is possible to hold a reckless driver accountable for their actions.
- Pedestrian accidents – If you’re a pedestrian who was hit by a car, you could have a claim against the driver.
- Bicycle accidents – Serious bicycle accidents often involve cars.
The Time It Takes to Settle a Car Accident Case
The time it takes to settle car accident claims varies from case to case. The majority of these cases take six months or longer to resolve. Your case could be resolved more quickly than this or take much more time.
There are certain factors that typically influence the amount of time it takes to settle a case. Whether the case is settled out of court in mediation or requires going to court is a pretty significant factor. Scheduling a court case and going through the process takes time. Cases that settle through mediation take less time than those that go to trial.
Cases requesting smaller amounts may also settle quicker than cases with higher settlement requests. For instance, an insurer may just pay out a smaller claim in mediation to avoid the negative publicity and the costs of a courtroom trial but demand a case go to court if it has hundreds of thousands of dollars in medical expenses and pain and suffering.
The Cost of Hiring a Car Accident Attorney
Our personal injury attorneys work on a contingency fee basis. This means accident victims pay nothing upfront or out of their own pockets for our legal services until we help them reach a settlement or award. Our firm receives a set percentage of the settlement as compensation.
Contact a Wisconsin Car Accident Lawyer Today!
If you have been involved in a Wisconsin car crash and are ready to recover compensation for your serious injuries, contact the Wisconsin car accident lawyers at Rosenfeld Injury Lawyers for a free consultation by filling out our contact form or calling toll-free at (888) 424-5757. Someone from our team is available 24 hours a day to take your call.
Our team has recovered multi-millions of dollars in settlements for other clients and their families. We are ready to use our expertise to help you. Since we work on a contingency fee basis, you won’t have to worry about coming up with money to pay for legal services out of pocket.
Resources: [1] State of Wisconsin Department of Transportation, [2] State of Wisconsin Department of Transportation