If you drive a car or routinely ride as a passenger, there’s always a risk of an accident resulting in severe injuries due to another’s fault. The first notion you need to abandon at that time is that the insurance company is on your side.
You may not know this, but by the time you call your insurer to report a crash, they have already assigned a claim number, flagged you in their system, and started reviewing how little they can pay to make you go away. As “helpful” as the insurance adjuster may sound, in most cases, their goal is to devalue your case from day one.
Benefits of Hiring a Lawyer After a Car Accident in Wisconsin
An experienced personal injury attorney knows that the sooner you seize control of the narrative, the better your chances of obtaining a fair settlement for your economic and non-economic damages. They achieve this through the legal process by:
- Preserving the dash cam and traffic cam footage, black box data, and surveillance video from nearby businesses before it gets deleted, “lost,” or recorded over
- Issuing spoliation letters under Wisconsin law to warn the defendant(s) not to destroy evidence, or face court sanctions
- Coordinating with your car accident injury treatment team to document every step of your care so it aligns with the legal elements of a negligence claim
Another important thing to note is that timing is critical in motor vehicle accident claims in Wisconsin for two reasons:
- Generally speaking, you only have three years from the date of the accident to file a claim (and two years to file a wrongful death claim if the accident resulted in your loved one’s death).
- The longer you wait to start legal proceedings, the more time you give the defense to build a case against you and your damages.
Here are some of the biggest advantages of retaining a car accident attorney for strong legal representation.
They Investigate Your Case Better than You Can on Your Own
If you’re getting legal help after a car crash from a full-fledged personal injury law firm, they will have their own team of investigators to gather evidence supporting their clients’ cases. Because an auto accident attorney knows that how well you settle your claim may depend on how well you start it.
In addition to obtaining official crash reports from the relevant police department and contacting any witnesses, they also have the means to recover crash data (speed, braking, steering input) from a vehicle. Your personal injury attorney can send spoliation letters to preserve this data and prevent tampering.
They Build the Medical Foundation for a Strong Legal Argument
In the early weeks immediately following your accident, when you’re feeling overwhelmed by medical appointments, tests, and treatments, your attorney is creating the foundation of your claim.
Documenting your medical records and framing them in a way that directly aligns with legal causation is critical. Your recovery is tracked just as methodically to substantiate ongoing pain and future medical needs related to your injuries.
They Create a Demand Letter That Signals Serious Intent
In the eyes of the law, there’s a difference between having information about an accident and injuries, and putting it together into a persuasive written claim (demand letter) to seek compensation for medical expenses, lost wages, and pain and suffering.
A demand package prepared by an experienced car accident attorney could mean the difference between a quick resolution and prolonged litigation. This package, sent by your personal injury lawyer to the insurance company, will contain:
- Liability and fault analysis (documentation concerning who was at fault)
- Accident reports (police reports)
- Photos of the car accident scene and the accident location
- Photos of your injury (and damaged clothes)
- Witness statements
- Applicable Wisconsin laws (e.g., the Vehicle Code)
- Evidence of prior incidents to establish a pattern
- Medical records related to your personal injury claim
- Medical billing (a copy of every bill you receive for treating the injury)
- Copies of your insurance and the other driver’s insurance
- Documentation showing lost income, vehicle repair bills (car repairs), property damage, diminished earning capacity, and long-term care needs
- References to recent jury verdicts in similar car accident cases in Wisconsin
The letter also includes a demand for a lump sum to settle your car accident claim.
They Make the Insurance Company Assess Risk
In personal injury cases, the speed at which an insurance company offers you a settlement has nothing to do with the fairness of your claim. Their driving force is cost containment.
Insurance carriers are well aware that the longer they delay, the more they will spend on claim adjusters, legal teams, and court fees. As the expenses pile up, they realize that offering a settlement now (while they can still control the payout) is far cheaper than extending the process.
If you bring in lawyer services for car accident victims to protect your right to compensation, it introduces the possibility of going to trial. The stakes suddenly rise for the insurer. Once they realize that your attorney-backed claim has real value and that you won’t back down without fair compensation, it becomes more cost effective for them to settle early and avoid the escalating costs of litigation.
Consult with a Proven Car Accident Lawyer Today
Approaching your car accident claim in serious accidents like a standard insurance claim is a mistake that could cost you a lot, especially when disputed liability or complex legal issues are involved.
Remember, insurance providers are risk-calculating entities by their very nature. They settle when they’re convinced that the financial risk of going to trial (presided over by a jury of your peers) outweighs the cost of paying you now. In a personal injury lawsuit, a jury could return a verdict that exceeds what they’re willing to pay voluntarily.
So, if your accident has resulted in injuries that have impacted your appearance, physical capabilities, or quality of life, don’t hesitate to reach out to a dedicated attorney for car accident legal advice. At Gingras, Thomsen & Wachs, our personal injury and wrongful death claim attorneys have 35+ years of experience.
We will leave no stone unturned to prove liability and pursue compensation for your injuries and losses. Call us at 855-954-1186 or contact us online to schedule a free consultation today.
