What To Do After A Car Accident In Milwaukee
Being involved in a car accident can be a stressful and confusing experience. Knowing the right steps to take immediately after a crash can help protect your rights and improve your chances of securing fair compensation.
- Check for injuries and seek medical help (Call 911)
- Move to safety, if possible, move vehicles out of traffic to avoid further accidents
- Call the police to help ensure there is an official record. A police report can be crucial in insurance claims and legal proceedings.
- Collect contact, insurance and vehicle details from the other driver(s). Also, get the names and contact information of any witnesses.
- Take photos of the accident scene, vehicle damage, license plates and any visible injuries.
- Be polite, but do not apologize or admit responsibility, as this could be used against you later.
- Seek medical attention as some injuries, like whiplash, may not appear immediately. A medical evaluation can document any accident-related injuries.
- Notify your insurance company, but be cautious about recording statements before consulting an attorney.
- Consult a car accident attorney to help navigate complex claims, negotiate with insurance companies and ensure you receive fair compensation.
These steps can help strengthen your case and avoid costly mistakes that may harm your claim.
Wisconsin’s Comparative Negligence Law
If you are involved in a car accident in Wisconsin, understanding the state’s liability laws is essential. Wisconsin follows an at-fault system, meaning the driver responsible for causing the accident is liable for damages. Additionally, Wisconsin adheres to a comparative negligence rule, which can impact how compensation is awarded.
Wisconsin uses a 51% comparative negligence rule, meaning you can only recover damages if you are less than 51% at fault. If you are found partially responsible, your compensation is reduced by your percentage of fault.
For example, suppose you are in an accident and are found to be 20% at fault while the other driver is 80% responsible. If your damages total $100,000, you can still recover $80,000 (after a 20% reduction). However, if you are 51% or more at fault, you are barred from recovering any compensation. Our experienced car accident attorney can help ensure you are not unfairly blamed for an accident.
Wisconsin Damage Limits And Statute Of Limitations
Understanding Wisconsin’s damage limits and statute of limitations can help you understand your legal rights and avoid missing deadlines that could prevent you from recovering compensation.
In most car accident cases, Wisconsin does not impose general caps on compensatory damages (economic and noneconomic). However, certain limits apply:
- Punitive damages, meant to punish egregious wrongdoing, are capped at $200,000 or twice the compensatory damages, whichever is greater.
- Claims against government entities have a damage cap of $250,000 per claimant.
The statute of limitations sets a deadline for filing a lawsuit. In Wisconsin:
- Personal injury claims must be filed within three years from the accident date.
- Property damage claims also have a three-year limit.
- Wrongful death claims must be filed within two years.
Failing to file within the statute of limitations means losing the right to pursue compensation. Acting promptly can help ensure your case is handled effectively and that critical evidence is preserved.
Fighting The Insurance Company
Insurance companies often prioritize their bottom line over paying out fair claims. Knowing how to handle negotiations and avoid common mistakes can significantly impact the outcome of your case. The insurance settlement process includes:
- Initial settlement offers: After you file a claim, the insurance company may offer a low initial settlement, hoping you accept quickly.
- Negotiation begins: If the offer is inadequate, your attorney will negotiate for a fair amount, leveraging evidence like medical records, accident reports and expert testimony.
- Filing a lawsuit: If negotiations stall, your attorney may file a lawsuit to push for better compensation.
- Discovery and trial: If the case proceeds to court, both sides gather evidence and present arguments before a judge or jury.
Working with an attorney at this stage is crucial as it helps ensure you get the best possible offer. When dealing with insurance companies, avoid the following pitfalls:
- Giving a recorded statement without legal representation: Insurers may twist your words to minimize your claim. Always consult an attorney before providing statements.
- Accepting the first offer: Initial offers are often much lower than you deserve.
- Delaying medical treatment: Gaps in medical treatment can be used against you to argue that your injuries are not serious.
- Posting on social media: Insurers monitor social media; posts about daily activities can be used to dispute your injury claims.
- Failing to hire an attorney: Insurance companies have experienced lawyers, and having your attorney levels the playing field.
Being cautious and prepared can protect you from insurance companies’ tactics to minimize payouts. Our skilled car accident lawyers in Milwaukee can advocate for you and fight for the compensation you deserve.
How Do Our Milwaukee Attorneys Approach Auto Accident Claims?
Our attorneys have experience handling many types of auto accident claims statewide, including:
Liability
We gather and examine all available evidence. We also consult with experts in motor vehicle accident reconstruction, engineering and other fields. We use that evidence to determine the cause of the crash as well as every party who should be held accountable for the losses that each of our clients has suffered in a car accident through no fault of their own.
Damages
Our car accident lawyers collect and review medical records, receipts of other accident-related expenses, work and income records and statements from friends and family members in order to determine the physical, emotional and financial impact of an auto accident on our clients’ lives. We also consult with doctors, nurses, life care planners and other medical experts to determine our clients’ future medical needs and the costs of meeting those needs.
By carefully preparing claims, we work from a position of strength when we negotiate with insurance companies or argue a case in court. As a result, we reach settlements for most car accident cases that our law firm handles. However, we never rush through a case or advise a client to accept a settlement that fails to fairly compensate them. Our highly skilled trial lawyers are always ready to go to court for our clients.