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Milwaukee Car Accident Lawyer
An auto wreck can cost you everything, and the insurance is guaranteed to attempt to get you to settle for as little as they can get away with. Find out the true value of your claim when you consult with a Milwaukee car accident attorney.
Car accidents are a costly fact of life, but getting hurt in one that was caused by someone else should not result in financial ruin for you. Whether you have been involved in a minor rear-end collision or a high-speed rollover accident, you need the responsible party to compensate you fairly for any damages you might have suffered.
The best way to achieve this goal is to work with a car accident lawyer from the Law Offices of Gary S. Greenberg. We can ensure that you will get the compensation you need to help you regain control of your life.
Understanding Negligence in Wisconsin
Negligence is a concept that has been around for a very long time. The law surrounding this concept basically asserts that every person is responsible for the injuries and harm he or she does to other people. If someone has harmed you and you suffered damages as a result, you can hold the at-fault person liable.
Damages are the ways that you’ve been harmed because of the negligent party. If you are hurt but don’t suffer damages, it’s unlikely you’ll have much of a case for personal injury compensation.
For example, if you’re assaulted and receive a black eye, but you never go to the doctor or miss any time at work, then you may not be able to file a claim for economic damages. That person could be held accountable in criminal court for assault, though.
If, however, that person’s assault left you with hospital bills, missed time at work, and a head injury, you could sue him or her in civil court. You can even go after them for the physical pain you endured because of the assault and any mental trauma you went through due to fear and anxiety related to being attacked.
Vehicle wrecks work the same way. If you suffer injuries and damages because of an auto collision, you can sue whoever is responsible by filing an injury case against him or her. You shouldn’t have to pay for financial and non-financial losses when you didn’t cause your car crash. Your Milwaukee auto injury attorney can help you obtain compensation.
Dealing with Insurance After an Auto Wreck in Milwaukee
Many of the expenses that you suffer should be covered by insurance, but there are often conflicts of interest and the simple fact that the insurance company values their profits over your health. In the end, the insurance company is likely to be far less than helpful and will even use your own statements out of context against you in order to push blame for the wreck onto you.
This is due to comparative negligence laws, which state that the amount of fault that the accident victim has will be compared to the assigned percentage of fault the defendant has. For example, if you were found to be 20 percent at fault for the cause of the motor vehicle accident, while the defense is 80 percent liable, your award would be reduced by 20 percent.
The insurance companies will do their best to settle your claim for the absolute bare minimum. Our team will ensure that you receive the proper payout from your insurance company, as well as the at-fault parties.
Wisconsin Statute of Limitations for Personal Injury
The statute of limitations for filing a personal injury claim is only three years in Wisconsin. If you wait too long and file after the time limit has expired, you will lose your legal right to compensation for your car accident in Milwaukee.
Three years can sound like plenty of time, but the longer you wait, the more difficult it becomes to collect both the evidence and witness testimony that can be used to prove your case.
That’s why you may want to begin working with a Milwaukee car wreck lawyer as soon as possible after the wreck. This doesn’t necessarily mean that you’ll wind up in court, but it preserves your right to take the matter to trial, should that turn out to be your best option.
Car Crash Causes and Determining Fault
There are many different types of drivers—including Uber and Lyft rideshare drivers—and almost as many ways that they can cause auto accidents. In many instances, there might be multiple at-fault parties, and identifying them can maximize the potential compensation you receive.
Cause generally indicates who was at fault and how, making it incredibly important to fully investigate your Milwaukee auto crash:
- Distracted driving is a growing concern that causes thousands of wrecks every year. A distracted driver might be texting, talking, looking in the mirror, or simply changing the radio station, but the results can be deadly in every case.
- Speeding is always dangerous, and the accidents it causes can be much more catastrophic than those occurring at safe speeds. Speeding drivers and motorcyclists will need to explain their decision to drive so recklessly, which will help your case for compensation.
- Driving aggressively by weaving in and out of traffic without signaling, ignoring stop signs and traffic lights, and following too closely can seriously affect the ability of other drivers to travel safely. When a driver behaves this way, he or she puts all other travelers at risk for injury. This behavior is common with truck drivers.
- Drunk driving steals many lives every year and is an act of gross negligence. If alcohol or drug use caused your accident, the intoxicated driver is almost certain to bear a large portion of the fault. These crashes often turn into hit-and-run cases.
Apart from the driver of the other vehicle, parts manufacturers and technicians could hold some liability for the crash if they failed to issue recalls where necessary or knowingly installed malfunctioning parts when making repairs to your vehicle.
Additionally, local and state road authorities can be responsible for your damages if a road hazard like a large pothole, unsecured construction zone, or missing street sign or traffic light played a part in the collision.
Investigating Your Milwaukee Auto Wreck
Figuring out what and who caused your wreck is only half the battle. You must also be able to prove the responsible party’s fault. Proving your case means that someone must investigate the crash scene, and that person probably won’t be you if you’re severely injured.
If you’re stuck in a hospital with serious injuries, it’s extremely unlikely that you’ll be able to grab a magnifying glass and solve the mystery. You’ll likely need the help of someone who is experienced with investigating auto wrecks and who has the resources to hire crash scene experts.
Your Milwaukee car wreck attorney from our firm is just that someone, and we will do everything possible to help you prove your case. We will interview witnesses, obtain evidence, and assist you with gathering medical documentation from your doctor. See below for an idea of what types of evidence could be used to prove a vehicle collision case in Milwaukee:
- Medical history and medical documentation of your accident-related injuries
- Witness statements from the crash scene or other witnesses
- Crash scene expert testimony and other expert testimony
- Police reports, accident reports, and recall reports
- Documentation of all of your losses
- Video and photographic evidence
Car Accident Injuries
Any auto accident can cause a wide array of injuries—both physical and psychological. Your injuries will be the single greatest factor when determining what your overall personal injury claim is worth. For example, depending on their extent, you might need expensive medical equipment to be temporarily or permanently installed in your home.
Regardless of how bad your injuries might seem initially, there are often hidden costs involved, and some injuries may not even manifest symptoms until much later. Your auto wreck lawyer in Milwaukee will work with your doctor to provide you with an assessment of your short- and long-term costs.
Any number of injuries can occur, completely changing the way you live your life. Even a seemingly minor injury can develop into something much more serious. Severe injuries that could affect you for the rest of your life include the following:
- Head injuries and brain damage
- Neck and spine trauma
- Organ failure
- Broken bones
- Nerve damage
- Third-degree burns
- Internal bleeding
- Anxiety and depression
- Facial and eye injuries
- Wrongful death
In any case, the injuries that survivors of car accidents sustain can have a devastating impact on their lives for years to come. Many victims find themselves in physical therapy to learn how to do tasks they once could do easily, such as eating, walking and speaking. Others deal with emotional trauma by working with a talk therapist who can help reduce symptoms of PTSD or depression.
Financial Compensation for an Auto Wreck
Insurance companies will often attempt to avoid covering every expense created by a car accident, and the person or entity liable will fight every request for compensation. You need a Milwaukee car accident lawyer to help you get every medical bill, missed day of work, and piece of damaged property paid in full.
Getting a fair settlement means getting every single financial damage and non-economic loss factored into your final settlement amount.
Financial losses are all the ways the accident has cost you money—if you had to miss out on work because of your accident, for instance.
Non-economic (non-financial) losses are the losses you’ve suffered that don’t have to do with money. For example, if your accident injuries have caused your family life to suffer due to stress and financial hardship, that suffering can be listed in your demand for compensation.
You have the right to compensation for a variety of damages:
- Current and future medical costs, including prescription medications, physical therapy, medical equipment, modifications to your home or vehicle to accommodate medical equipment (i.e., wheelchair ramps or hospital beds), ambulance rides, life flights, surgical procedures, copays, and the costs of transportation to and from any hospital or doctor visits
- Income loss, both immediate from missing work and long-term from any change in your ability to perform your job or work standard hours (long-term damages could include contributions to your 401K, bonuses, and would-be salary increases)
- Loss of enjoyment of life, which means you are no longer able to participate in activities that you found happiness in prior to your injury
- Pain and suffering that make getting through the day a challenge
- Mental anguish caused by either the wreck itself or diminished abilities related to your injuries
- Loss of consortium, society, companionship, or love
When the court sees fit, an award of punitive damages could even be applied to your claim for an at-fault party’s extreme negligence, recklessness, or malicious behavior. These damages are meant to deter future wrongdoers from making similar judgment errors and as a punishment for the defendant. Punitive damages will dramatically increase the value of your claim.
Milwaukee Car Accident FAQ
You almost certainly have a number of questions and concerns after getting hurt in a traffic accident. Below, we’ve answered a few of the ones we hear most often. If you would like additional information or the opportunity to ask more questions, please contact our office to speak with an experienced Milwaukee car accident lawyer.
What can I do if my car accident was caused by a roadwork crew?
If negligent conditions at a road construction site caused your wreck, you can hold the construction company accountable through a personal injury lawsuit just as you could with any other negligent party. In the event that the crew is working on public or government property, a government road authority could also be held liable for your damages.
Will I have to go to court for my car accident?
The vast majority of claims settle out of court through negotiations with the insurance company. With that being said, you should be prepared to go to court in case the insurance adjuster won’t make a fair or reasonable settlement offer. In that situation, a court-rendered verdict could become your best option for full compensation.
If the other driver wants to settle between us without insurance, should I take it?
Never accept a settlement offer without having a personal injury attorney review it first. This is true whether the offer comes from an individual, an insurer, or another attorney. There are likely a number of additional expenses and losses that you can—and should—be compensated for. It’s also very likely that an insurer will be making an offer because they see the value in your claim and hope to pay less.
Free Consultation with a Milwaukee Auto Wreck Attorney
Whether your crash involved another car, a commercial truck, a motorcycle, or any other kind of motor vehicle, the responsible party has a legal obligation to provide you with financial compensation for your damages and losses. You know the insurance company won’t be on your side in this matter, but with help from the Law Offices of Gary S. Greenberg, you can get the full settlement that you are owed.
Give us a call at 414-271-7007 to schedule a free, no-obligation legal consultation with a Milwaukee car accident lawyer. You may also fill out the convenient contact form at the bottom of this page, and someone from our office will contact you as soon as possible.