Personal Injury

1.    What is the Statute of Limitations in Wisconsin?
For most personal injury cases, the statute of limitations is three years.  However, this could be much shorter if there is a governmental agency involved.

2.    The person who caused the accident doesn’t have any insurance or money to pay me.  Can I still pursue a claim?
In many situations, the fact that the person at fault lacks financial resources to pay you directly for damages he or she caused, does not necessarily mean you will be unable to pursue a claim elsewhere. For example, many automobile policies include uninsured (UM) and underinsured (UIM) coverage that may provide compensation for your damages even though the at-fault driver did not have insurance coverage.  

3.    The other driver’s insurance adjuster keeps calling me. What should I do?
Do not talk to an adjuster until you speak to an attorney. Keep in mind the adjuster works for the other driver’s insurance company. Their job is to pay you no money at all or as little as possible.

4.    What if I am partially at fault for the accident?
If you are partially responsible for the accident, this is known as contributory negligence. This does not necessarily mean that you are ineligible for compensation. You can still receive some amount of compensation as long as your negligence is not greater than that of the other party involved in the accident, however, it will be reduced in proportion to the responsibility you bear.

5.    Can I recover compensation for accidents causing injuries or death but otherwise not involving vehicles, motorcycles or motorized transport?
Yes. You are entitled to compensation from whoever is responsible for causing your injuries including but not limited to residential landlords and their management agencies, businesses, and governmental agencies

6.    Should I see a doctor, even if I think I’m not hurt?
Yes!  If you do not get medical care, your injury could be more difficult to treat. Additionally, the insurance company will want proof of your injury before agreeing to settle your claim. If you do not get medical care, even for minor injuries, there will be no record of them.

7.    How do I pay for my medical treatment while awaiting financial recovery?
If you have health insurance, including Medicare and Medicaid, it can cover many of your medical expenses.  However, once you receive compensation, you will likely need to reimburse your insurance providers for expenses which is known as subrogation. 

If your automobile insurance has a medical payment or "med-pay," option this can alleviate expenses in the event of an accident. 

In the event the insurance coverage is fully exhausted, a physician may accept a “letter of protection”, which allows you to continue receiving treatment until you obtain a recovery in your case. Their bills will then be paid out of the amount you recover upon resolving your case.

8.    What is subrogation?
Subrogation is a fancy legal term meaning your medical or automobile insurance company can stand in your place in a lawsuit to collect compensation for payments it made to you as part of a claim for your injuries. Your claim is “subrogated” to the insurance company and it can sue the responsible party (or its insurance company) to get the money it paid you back.

9.    How much does a personal injury attorney cost?
We don’t collect a fee until you win.  If you are awarded a settlement, we would receive a fee of 33 1/3 percent of the settlement plus costs incurred in obtaining medical records, expert witnesses, etc. 

10.    How long will my case take?
While every case is different, a typical personal injury case can take from 12 to 24 months to resolve. A case may take longer if a lawsuit is filed or where ongoing medical treatment is needed to determine the full extent of the client’s injuries and needs for recovery. Obviously, it is important to know the full extent of the damages before a demand for compensation is made. This process allows us to ensure an adequate demand for damages is made.