If you or a loved one has recently been injured in a car crash, you may have the right to recover your damages by filing a personal injury claim. At Cannon & Dunphy S.C., our Milwaukee car accident lawyers have helped numerous victims and families through the personal injury claim process, and we’ve recovered millions of dollars in compensation on their behalf. If you’ve been hurt as the result of another’s negligence or wrongful act, contact our Wisconsin car accident attorneys today.
There are many factors to be examined after an auto accident, and when you work with our team of Wisconsin car accident attorneys, we can help determine who is at fault for causing your injuries. Because we understand that no two cases are ever the same, we always work personally with our clients. We are not afraid to challenge insurance companies and present witness statements, police records, and medical evidence to help support your case.
According to the Wisconsin Department of Transportation, in 2016, the most recent year for compiled car accident statistics, there were over 129,000 motor vehicle crashes. Over 31,000 of these caused injuries, while 524 were fatal. These totals were an increase from 2015 as well as an increase from an average of the previous five years, meaning your potential involvement in a Milwaukee-area car collision could be increased as well.
The Journal Sentinel publishes a report on the most dangerous intersections in Milwaukee county every year. You can read the 2018 article here.
Wisconsin Car Accident Resources:
When filing a car accident claim, one of the most common questions that victims have involves the worth of their case. While determining the value of a settlement is important, the reality is that no two car accident claims are the same. Factors such as the severity of injuries, the circumstances leading up to the accident, and even your ability to work can all influence the ultimate value of your case.
For example, say that you broke your leg in a collision. A broken leg, while painful and temporarily debilitating, generally has a clear path to recovery. Medical costs can include emergency treatment, surgery, physical therapy, and possibly some mobility aids. Beyond medical bills, if you can’t work, you’ll face lost wages—especially if your job requires physical activity. However, many people with broken legs will eventually return to their normal routines and work lives.
On the other hand, say that you develop a spinal cord injury as a result of the collision. This type of injury might result in partial or complete paralysis, affecting not only your ability to work, but also day-to-day living and long-term life plans.
Medical expenses can soar with the need for specialized treatments, surgeries, long-term care, and adaptive technologies. If you’re unable to return to your previous job or any job at all, the lost earning potential compounds over the years. The emotional and psychological toll of a spinal cord injury, the drastic lifestyle changes, and the potential need for lifelong care can further increase the claim value.
If you are involved in a car accident in Milwaukee, it can be challenging to know what to do next. However, taking certain essential steps can protect your rights and help strengthen your future claim:
The most important thing to remember after you are involved in a car accident is to remove yourself from danger. Move to the side of the road where you and the other driver are not in the flow of traffic or obstructing other drivers. Then, contact the police immediately if your accident results in any of the following situations.
In these situations, police will arrive at the scene and file an accident report. However, if you do not notify the police or the police fail to file an accident report, you must file an accident report with the Wisconsin Department of Transportation within ten days. The same circumstances apply.
Even if the other driver offers to pay for the accident outside the bounds of an insurance settlement, you must still report the accident to the police or Department of Transportation. Keep in mind, you will also need to provide your insurance information, particularly if you were at fault. If you did not have liability insurance at the time of the accident and could not pay damages to the other parties, the state will suspend your driving privileges and you will need to file SR-22.
Wisconsin uses a torts system which means that in the event of an auto accident, such as a car crash or motorcycle accident, someone is at fault. The person found at fault must compensate the other parties involved in the accident for their losses. Such losses may include medical bills, property damages, physical pain and suffering related to the injuries sustained, emotional pain and suffering related to the events of the accident, and losses due to lost income or lost future wages resulting from disabling injuries.
The insurance company of the at-fault driver will compensate the injured parties. The state of Wisconsin requires minimum liability insurance of:
However, because Wisconsin uses a tort system where the at-fault party must compensate the injured parties, experts often advise higher amounts of insurance in Wisconsin.
Car accidents can often be chaotic, involving the actions and decisions of multiple drivers. When multiple parties share responsibility for a collision, determining who pays for the damages can become complex. In these situations, Wisconsin follows a modified comparative negligence system, commonly referred to as the 51% bar rule.
If you, as a driver, bear some responsibility for a motor vehicle accident, it does not automatically disqualify you from recovering damages. However, the degree of your fault will influence how much compensation you receive.
If investigations reveal that your actions were less than or equal to 50% responsible for the accident, you retain the right to recover compensation. However, the court will reduce your award by the percentage of fault that you share. For example, say that an accident results in $100,000 in damages. If you are determined to be 25% at fault, the maximum compensation you could receive would be $75,000.
However, there is a significant caveat. If you are more than 50% at fault for the accident, you would not be able to recover any damages from the other involved parties. To protect your right to compensation, it is important to work with a personal injury attorney from Cannon & Dunphy S.C. Our firm will work diligently to prove each party’s role in the accident and limit your potential liability.
After you have exchanged insurance information, filed a police or Wisconsin DOT report, and sought any necessary medical treatment, you need to determine whether you should hire a car accident attorney. If your accident was relatively minor, your injuries were minimal, and your vehicle received little damage, you may be considering dealing with the insurance companies on your own. You should at least consider consulting with a Milwaukee auto accident lawyer to determine the benefits of moving forward with a car accident personal injury claim.
By proving fault and liability, our team of Wisconsin car accident lawyers can hold responsible drivers accountable for the damages and injuries they caused.
This can allow victims to recover compensation for their losses, which may include:
At times, the insurance process can become confusing, especially if the crash involves multiple vehicles. An experienced lawyer will be able to help you determine which claims are worth making as well as assist you in the investigations necessary to determine who is at fault. Our Milwaukee car accident attorneys know the insurance process well and can do the leg work for you, allowing you to focus on your recovery and get back to your life.
If you consult with a lawyer and determine that a personal injury claim would be worth pursuing, it is best to take action as soon as possible. In the state of Wisconsin, the statute of limitations for a personal injury case is three years from the date of the accident. As a result, you should file your claim well before the statute of limitations is set to expire.
To recover compensation in a Milwaukee car accident claim, you will need to establish the other driver’s liability. Determining fault is a structured process that hinges on four key elements: duty of care, breach of duty, causation, and damages. You and your attorney will need to gather enough evidence to prove the following:
To substantiate these elements and prove your right to financial compensation, you will need to gather several pieces of evidence. Witness testimonies, traffic camera footage, police reports, medical documents, and information from experts can be especially valuable.
For example, a breach of duty might be confirmed through eyewitness accounts or dashcam videos. Damages, on the other hand, are often validated through medical records, repair bills, or psychological evaluations.
If you were injured in a Milwaukee car accident, it is important to act quickly. Every state has established specific time limits, known as statutes of limitations, within which legal action must be initiated. When someone attempts to file a lawsuit after this deadline passes, the court will most likely dismiss his or her case and prevent him or her from recovering a settlement.
In Wisconsin, the statute of limitations for injuries arising from car accidents is three years. However, where a car accident results in death, the statute of limitations is only two years.
While two or three years may sound like a long time, time can pass quickly—especially when accounting for medical recovery, insurance discussions, and personal adjustments. Moreover, evidence gathering can be challenging as time goes on. Memories fade, evidence can get lost, and witnesses might become unreachable.
To protect your right to recovery, it is important to contact an attorney as soon as possible. At Cannon & Dunphy S.C., our attorneys will carefully evaluate your case and identify your filing deadline. Then, we will take steps to initiate your claim and meet these statutory requirements.
Car crashes in the Milwaukee area are often due to the same common causes of accidents throughout the state of Wisconsin. Determining the cause of your crash is an important step in determining fault, and your Milwaukee car crash lawyer should pursue it thoroughly during the investigatory phase of the legal process. In some situations, one or more of the following could have played a significant role in your accident:
Certainly, other factors can cause car accidents, such as a momentary lapse in judgment or the inability to see another driver in a car’s blind spot. Taking pictures of the vehicles involved and the accident scene, utilizing the statements of any potential witnesses to the crash, and analysis of the police report can go a long way towards determining an accident’s cause if it is not immediately apparent.
Any type of car collision can cause a wide array of injuries, both physically and mentally. Some injuries can take a long period of time to heal, while other injuries may never recover. The injuries sustained, will be an important factor when determining your personal injury claim. A few common car crash injuries to be aware of are:
When you choose to work with our team of Milwaukee car accident attorneys, you can be confident that your case is in good hands. Throughout our years of service, we have been able to provide substantial verdicts and settlements to car accident victims, including families who have lost loved ones in fatal accidents.
Our Wisconson personal injury lawyers have a track record for success, and insurance companies know that Cannon & Dunphy S.C. will not back down from a fight. If you are looking to obtain a significant settlement or verdict from your collision, our Wisconsin personal injury firm can help you pursue a favorable case result.
Our Milwaukee car accident lawyers are prepared to respond immediately to your call for help, inform you of your rights, and explain how we can help throughout the whole process. We are passionate about helping victims and families through tough times, and we fight to secure the maximum compensation possible.
For a free consultation, call (262) 782-2700 or fill out a free case evaluation form.
From the first time I met and spoke with Josh I knew that I was in good hands. I was in a terrible car accident that left my car totaled. If it wasn’t for the great advice and knowledge that Josh provided I’m not sure what I would have done. Josh was always there to take a phone call or email to answer any questions that I may have had. I could not have asked for a better person to help me get through a bad situation.
-Nick
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