Studinski Law, LLC understands the challenges you will be facing during the car accident claims process. It is important to contact a Wisconsin car accident lawyer as soon as you can after you have been in an automobile accident. To speak with us today, call our Wisconsin car accident lawyers at (715) 343-2850 or use our online form below.

Car Accident Compensation and Insurance Issues

After an accident, you will have to deal with your insurance company as well as that of the other party. Often, each insurance provider is working to reduce their costs and liability. You need a competent and skilled car accident lawyer fighting for you and your family. Our car crash lawyers have many years of experience in negotiating with insurance companies and getting our clients what they deserve after being hurt in a car crash. We can seek compensation for you and your family for damages such as:

  • Medical Expenses
  • Wage Loss
  • Pain and Suffering
  • Emotional Distress and Mental Anguish
  • Disability
  • Disfigurement
  • Loss of Enjoyment of Life
  • Loss of Earning Capacity
  • Loss of Society and Companionship
  • Property Damages
  • Punitive Damages

What Can Studinski Law Do for You?

We can locate experts that can explain to the judge and jury the specifics of your case, from the impact of the wreck itself to the implications for your future medical care and treatment.
We understand how the insurance company looks at your claim. We can help you negotiate a fair settlement or take your case to trial, if necessary.
After an accident, you may need months to recover mentally and physically. We can help you obtain compensation so you can focus on being well again.

Wisconsin Car Accident Laws

Wisconsin law requires that accidents on roadways be reported to law enforcement in cases when there is more than $1,000 in damage, a person is hurt, or if there is damage to state-owned property. No matter what you think may be the damage totals, it is always a good idea to report any car accident. This will allow for an official report to be filed, and your car accident lawyer can use this report to better understand the details of your case and show the court the damages to which you are entitled. If at any point after your accident you are contacted by the Wisconsin Department of Transportation (DOT) requesting a further report on your accident, you should comply with its inquiry. Your car wreck lawyer can help you remain in good standing with DOT and other state agencies.

After you or a loved one is in an accident, you may wonder who will be held responsible. Determining who is at fault is important to everyone involved in the accident, including the police and the insurance companies. Consider the following when reviewing responsibility in your car accident:

Consider every party who may be responsible

The drivers involved are not always the only ones who are responsible for an accident. Maybe someone else altered the roadway to make it unsafe, or perhaps a defective part in one of the cars led to your accident.

Wisconsin’s comparative negligence law

The person seeking damages in a car accident may see a reduction in their payout if it is determined that they are partially responsible for the accident. For example, if the court finds that you sustained $10,000 in damages, but you are found to be 20 percent responsible for the crash, you will only be awarded $8,000. Additionally, if you are found to be more than 50 percent responsible for the crash, you will not be allowed to recover damages.

Proving liability after a car accident

If you want to collect damages, your attorney will have to show that the other party was negligent and that you were hurt because of that negligence. To do this, we will review all the evidence in your case, including witness and police reports. To show the extent to which you have been hurt, we will produce hospital bills, lost wages, and accounts of pain and suffering that you have endured.

When a motorist is uninsured

Wisconsin law requires you to have proper insurance when you’re on public roads. The punishments for not being insured can include fines and a suspension of your driver’s license. But what if the other person is at fault and doesn’t have insurance? In this case, your attorney may file a lawsuit against the other driver to seek damages for your injuries. Additionally, your car accident attorney can help you recover from your own insurance company through your policy’s uninsured motorist coverage.

You cannot delay too long in seeking damages after you have been in a car accident, or you might have your case dismissed due to Wisconsin’s statute of limitations law. In Wisconsin, you generally have to file suit for damages within three years of the accident. However, there are exceptions to this rule that make the time period shorter or longer. For example, if you are in an accident involving a state worker or contractor, you have to file an intent to sue within 120 days or risk not being able to recover. Other exceptions involve the age of the person injured, when injuries were discovered, or whether a death resulted from the crash. The statute of limitations can be much more complicated than it seems, but our car wreck attorneys understand how it will be applied in your case.

Car Accident Lawyers

Common Causes of Car Wrecks

Your car accident lawyer will likely have to work along with law enforcement, expert witnesses and the insurance companies to determine the cause of your crash. It is important to understand exactly what happened if you are to recover sufficient money to compensate you for your damages. We have helped our clients through claims involving accidents such as:

Our Wisconsin Car Accident Lawyers Can Help You

Car accidents are common on Wisconsin roads, but they are still very disruptive and overwhelming to those involved. If you or a loved one has been in an accident, you may be suffering from serious injury or financial uncertainty. To successfully navigate the process of dealing with law enforcement officials and insurance companies, an experienced legal team is necessary.

Please call Studinski Law, LLC at (715) 343-2850 or fill out our online form to get your case started today.

Types of Car Crashes

No two accidents are alike in either their cause or outcome. Our Wisconsin car accident lawyers have helped clients determine what exactly caused their accident, and then recover from the responsible parties. Accidents common on Wisconsin roads include:

Common Injuries in Car Crashes

According to the Wisconsin Department of Transportation, there were over 29,000 car accidents that resulted in injuries in 2015 alone. Your car accident attorney must have a complete understanding of your injuries in order to fight for the compensation that you are owed. When you are in a serious car accident, you may suffer:

With offices in Plover and Marshfield, Studinski Law, LLC serves clients throughout Wisconsin, including Wisconsin Rapids, Stevens Point, and Waupaca. Whether you live in a large city or a rural town, regardless of the accident or the injuries you suffered, you have the right to be compensated for your losses. Our personal injury attorneys are familiar with the Wisconsin courts in your area, and will fight to tell your story – wherever it needs to be told.

Car Accident FAQ

What Should I Do After a Car Accident?

Car accident victims are faced with a number of questions, sensations, and emotions in a very short time. You may be in pain. You may not be sure if you should call the police. You may be wondering what you should or shouldn’t say to the other driver.

Fortunately, the answers to these and other questions are relatively straightforward.

Your first priority is getting medical attention for your injuries and any injuries your passengers and/or people in the other car have sustained. In Wisconsin, accidents involving injuries or death must be reported to the police, so don’t hesitate to dial 911 for help.

If you don’t require medical attention or you are treated and released at the scene, next you should:

  1. Move your vehicle out of traffic. If your vehicle is still operable after the accident, move it to the shoulder of the road so you aren’t in the path of traffic. If you can’t move your car, focus on getting yourself and your passengers out of danger by standing on the side of the road or behind a guardrail or cement barrier.
  2. Exchange information with the other driver. You will need the other driver’s name, contact information, and insurance provider and policy number, as well as the license plate number from the vehicle.
  3. Document the scene of the accident. Using a camera or your smartphone, take pictures of the damage to your vehicle, your injuries, and conditions at the scene (including the road surface, weather, etc.). You should also take notes of anything you can’t document visually or events leading up to the crash.
  4. Speak to witnesses. If anyone saw the accident, ask them to share their account with you, as well as their contact information should you or your lawyer have any followup questions.
  5. Cooperate with the police. The police will ask you to give a statement. Provide a clear, calm account of what happened and truthfully answer any questions the officer may have.

Once you have received treatment for your injuries and (if possible) completed the steps above, your next priority is to contact a Wisconsin car accident lawyer as soon as possible.

What If I Was Partially at Fault for the Accident?

Whether you are speaking to the other driver, the police officer, or even bystanders at the scene, be careful what you say. Do not apologize, and don’t say anything to suggest you may be at fault for the accident. Accepting blame for an accident that was completely or primarily the fault of the other driver may harm your ability to recover the compensation you deserve for your injuries.

If you believe you may have been partially at fault for the accident, speak to your attorney about what this means for your case. Wisconsin follows the law of contributory negligence, which means you can still recover damages so long as you share in 50 percent or less of the fault for the accident.

How Do Car Accident Settlements Work?

Generally, the first step in your car accident case is to file a third-party claim with the at-fault driver’s insurance company. The insurer will investigate the accident, but the company’s priority is protecting its own interests, not compensating you fairly.

As a result, representatives of the insurance company will do whatever they can to pay you as little as possible, if not deny your claim. They may also ask you to sign a medical records release or make a recorded statement, both of which are not in your interest.

If the insurance company offers you a settlement, it will likely be for far less than your case is truly worth. If you accept the insurance company’s settlement offer, you will lose your right to pursue additional compensation in the future.

Before accepting a settlement, it is worth speaking to a car accident lawyer who can advise you how much you may be able to recover through a lawsuit.

When negotiating a fair settlement, your lawyer will account for all of the damages you have suffered as a result of the car accident. These damages may include medical expenses, lost wages, pain and suffering, and more.

Negotiations may result in a favorable settlement offer, or the insurance company might not budge. If this happens, your lawyer will need to pursue compensation on your behalf by going to trial.

Why Should I Hire a Car Accident Lawyer?

The process of handling a car accident claim on your own is daunting. You may be recovering from serious injuries, dealing with chronic pain, and trying to adjust to the long-term effects of physical and mental trauma. Meanwhile, the insurance company will push you to resolve your case for less than you deserve.

An experienced car accident lawyer will protect your rights and serve your interests in this difficult time. From investigating the accident to negotiating with the insurance company to representing you in court as needed, an experienced attorney is a valuable asset if you have been injured in an accident.

When Does a Car Accident Need to Be Reported?

Wisconsin law requires you to report a car accident to the police if any of the following occur:

  • Injury or death of one or more people
  • $1,000 or more in property damage
  • $200 or more in damage to state or government property

It is generally better to be safe than sorry and call the police after any accident. After all, your injuries might not be immediately apparent, and it is difficult to estimate how much it may cost to repair your vehicle or replace other property. You might also be unaware that property owned by the government was damaged in the accident.

There is no penalty for calling the police to an accident scene that ultimately does not require police response. Failing to do so, however, could deprive you of a police report that may be helpful in building your accident claim against the at-fault driver.

What Happens in a Car Accident Without Insurance?

All drivers in Wisconsin are required to carry minimum amounts of liability coverage. Insurance will cover at least some of the costs in the event of an accident. However, if the driver is uninsured, you may be at a loss for where to turn.

If the driver who caused the accident does not have car insurance, an experienced attorney can discuss the other options available to you for pursuing compensation.

One such option is pursuing a personal injury lawsuit directly against the driver who caused the accident. You may also be able to file a claim with your own insurance company for benefits under your uninsured motorist coverage.

Jason Studinski Injury Attorney
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