How long do I have to file a car accident claim?
The statute of limitations is a time limit established by the laws of Wisconsin, and it determines how long you have to file a lawsuit. The statute of limitations varies depending on the details of your car accident, so we recommend you pursue your case immediately. See More
Whose insurance has to pay for my car and medical bills if I am injured in a car accident?
If you are injured in a car accident that is not your fault, the other driver and their insurance company are ultimately responsible for compensating any property damage, medical bills, lost income or pain and suffering. See More
Do I still have a claim if my health insurance paid my medical bills from my car accident?
Yes, most injured persons in a car accident do not realize that they are entitled to the full value of their medical treatment. This includes the actual cost of the treatment, not just their copay or deductible. Oftentimes, insurance carriers attempt to reduce damages by offering to pay only “out of pocket” expenses, which leaves the injured person less than whole.
While your health insurance carrier has to pay for your medical expenses, they also have the right to be paid back. This is generally referred to as subrogation.
Keep in mind that you may be entitled to more than medical expense reimbursement. Punitive damages such as pain and suffering, emotional distress, lost wages and more are often part of personal injury cases. See More
What if a person dies from car accident injuries before bringing a lawsuit?
If a person dies as a result of a car accident, it can become a wrongful death case. Spouses, parents, children, siblings and grandparents may have a claim for wrongful death. The relationship with the deceased will dictate the priority of the claim. The types of damages that can be sought depend on this relationship and can include financial support that a survivor would have received, value of household services that would have been provided by the deceased, loss of companionship, affection, love, care, comfort and society, loss of consortium (sexual relations) for the surviving spouse, as well as funeral and burial expenses. See More
What is negligence when it comes to car accidents?
Negligence is defined as the failure to use reasonable care to prevent harm to others. A person is negligent if he or she does something that a reasonably careful person would not do in the same situation. They are also considered negligent if they fail to do something that a reasonably careful person would do in the same situation.
Will the person who caused my car accident injury be liable?
Defendants in civil cases resulting from car accidents do not receive jail time or criminal fines as punishment. Those are common criminal sentences, and personal injury cases are civil actions which do not include such punishment. However, in some cases, juries and courts can award what are called “punitive damages.” These are designed to hold defendants accountable for behaving recklessly or intentionally against the public’s interest.
The goal in ordering the payment of punitive damages is to discourage such defendants, as well as others, from engaging in the same kind of harmful behavior in the future. One of the most common situations where punitive damages may be available is when a person is injured in a car accident by a drunk driver.
I was involved in a car accident, what should I do?
Wisconsin law requires the driver of any vehicle involved in an accident resulting in personal injury, death or property damage to remain at the scene of the crash. You should call the police, exchange information and record contact information for any witnesses.
The first step to take following a car accident is to seek medical treatment. If you are experiencing pain of any kind, visit a medical doctor, chiropractor, urgent care or emergency room as soon as possible. Your health is always the main priority. Be proactive about getting a proper diagnosis and obtaining treatment for your injuries.
Next, you should open a claim with your auto insurance carrier, as well as the other driver’s insurance carrier. If the other driver’s insurance company calls and requests a statement, do not give them one. If you have been injured, seek the representation of an attorney before ever providing a statement to an insurance company that is not your own.
Last but not least, contact Gingras, Thomsen & Wachs for a case consultation. Our passionate and knowledgeable car accident lawyers will review your situation and recommend next steps, which may include legal action.