Milwaukee Car Accident Lawyers
If you or a loved one has experienced pain and suffering after an auto accident, you may be entitled to receive financial compensation.
The team of Milwaukee car accident lawyers at Pitman, Kalkhoff, Sicula & Dentice (PKSD) have a successful track record and work quickly to obtain a fair and just result for your claim. Many of our lawyers have received numerous industry awards and are active members in the Wisconsin Association for Justice. All of our potential clients are entitled to a free, no obligation legal consultation in which we can inform you of all of your legal options. Our car accident attorneys work on a contingency fee basis, which means we do not recover attorney’s fees unless there is a favorable resolution of your claim. The PKSD office is located at 1110 N. Dr. Martin Luther King, Jr. Drive, Suite 320, right next to the Milwaukee river and just five minutes from the Milwaukee County Court House.
To learn more about your legal options, contact our Milwaukee car accident lawyers today for a free review of your incident.
PKSD – Experienced auto accident lawyers. Ph: 877-877-2228
What To Do After a Wisconsin Car Crash
PKSD’s Milwaukee car accident lawyers have worked with many victims of car accidents. We know the aftermath of an accident can be highly stressful because victims are in pain and are not sure who to call or what to do next.
Taking the following steps after an accident can help to reduce your stress and improve your chances of recovering fair compensation for all of the damages you have suffered:
Treat your injuries – If your injuries are serious enough you will not have a choice in receiving treatment because you will probably be leaving the scene of the accident in an ambulance. However, if you are not taken to the hospital in an ambulance you should have a friend or loved one take you.
You need to receive treatment from a qualified medical professional who can identify all of your injuries and recommend treatment options. Prompt medical treatment can also improve your chances of making a full or faster recovery.
Follow the doctor’s recommendations – Attend all of your appointments, take your medications and do what your doctor recommends. Disobeying the doctor’s recommendations could cause your injuries to worsen and could hurt your chances of receiving compensation from the insurance company.
Collect medical records – You will need medical records documenting your injuries and the treatments you have received to have a chance of obtaining compensation through an insurance claim or personal injury lawsuit.
Obtain copies of the police report – If the police were called to the scene of the accident, they will file a Wisconsin Motor Vehicle Accident Report Form (MV4000) to describe what happened. The report may mention important information, including opinions related to traffic violations and/or information about negligent behavior. This could be crucial evidence when you are pursuing compensation.
Accident reports are available from the Wisconsin Department of Transportation (WisDOT) Division of Motor Vehicles (DMV) about 10 days after the accident. You can obtain a copy on the WisDOT-DMV website or by calling (608) 266-8753.
You can gain a much better understanding of the report by reading the Law Enforcement Officer’s Instructional Manual. It provides information to law enforcement officers about how to correctly complete an MV4000.
The law in Wisconsin requires those involved in an accident to report it to police if:
- The crash caused injuries or death
- There is $200 or more of damage to government-owned property
- The accident caused $1,000 or more of damage to an individual’s private property
- A vehicle, disabled or damaged in the accident, needs to be towed
- A wild animal, such as a deer, has been hurt or fatally injured
Research state traffic laws – The Wisconsin Department of Transport has a free handbook that covers traffic laws throughout the state. Make sure to copy the appropriate information with the statute number so you can accurately refer back to the specific law the other driver violated.
File an insurance claim – You should do this as soon as possible because some insurance companies limit the amount of time you have to file a claim. Filing a claim creates a record of what happened, and if the insurer offers less compensation than you deserve, your lawyer may be able to use the existing information as leverage during the negotiations.
When talking to an insurance company, stick to the facts and do not offer opinions about what happened or your injuries. Insurance company representatives are trained to use what you say against you to attempt to lower the value of your claim.
Contact a car accident attorney – A Milwaukee car accident lawyer can help you obtain additional evidence about the accident. Your car accident attorney can also handle insurance claims and file a personal injury lawsuit if you are entitled to more compensation than your insurance company can provide.
The most important thing a Milwaukee car accident lawyer will do is watch out for your best interests every step of the way. You cannot count on insurance companies or the at-fault driver to protect your rights and help you obtain maximum compensation.
Complete a Free Case Evaluation form to get started.
Filing a Car Insurance Claim in Wisconsin
Our state follows a fault-based system for car insurance claims. This means that if you were in an accident caused by the other driver, you can pursue compensation from your insurance company or the other driver’s insurance company.
Claims filed with another driver’s insurance are also called third-party insurance claims. They can be simple or extremely complicated, depending on the specifics of your injuries and the accident.
If you want to file a third-party claim, call the insurance company promptly after the accident to provide verbal notice of your claim. Notifying the company quickly could determine the success of your claim.
Need some help? Contact PKSD today: 877-877-2228
After providing verbal notice, mail the insurer a letter so it has written notice of your claim. When the insurance company has received your notice, it will review the claim. While waiting to hear back from the insurer, create a record of your claim. This will provide crucial evidence if your claim is contested.
If fault for the accident is not in question, you can expect your claim to be resolved quickly and with minimal conflict. The insurance company may need to conduct a few interviews and review medical records and auto repair records.
However, if there is a dispute about fault, you could be in for a lengthy investigation. The insurance company may hire outside parties to conduct interviews and review evidence. You may have to attend an independent medical evaluation.
The good news is that even if you bear some responsibility for the crash, insurance adjusters often choose to settle because it is much less expensive than a lawsuit.
You will need a Milwaukee car accident lawyer at your side throughout the claims process. He or she can help to ensure your rights are protected and you are treated fairly.
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Compensation From a Wisconsin Car Accident Lawsuit
In Wisconsin, car insurance companies are only required to provide compensation for injuries and property damage up to the limits in your policy.
However, you may have medical or car repair bills that exceed those limits and you likely suffered other damages that are not covered by your policy.
If you are in this situation, our Milwaukee auto accident attorneys may be able to file a personal injury lawsuit to recover additional compensation, including:
- Future medical treatment
- Medication costs
- Property damage
- Ambulance fees
- Health care consultations
- Car repair damages
- Permanent disability
- Non-medical in home services
- Lost wages and related expenses
- Attorneys’ fees
- Travel costs to and from doctor appointments
- Physical pain
- Emotional anguish
- Loss of companionship (for married couples)
- Loss of emotional support
- Reduced quality of life
- Impairment of bodily functions
Your Wisconsin auto accident attorney can only secure punitive damages if the defendant’s actions were particularly malicious or egregious. This form of compensation is designed to punish the defendant and attempt to deter others from engaging in similar conduct. However, it is rare for a judge or jury to award punitive damages in a car accident lawsuit.
Contact our Milwaukee car accident lawyers today. Ph: 877-877-2228
Limits on Compensation
Unlike some other states, Wisconsin does not have a cap on most damages in car accident cases. This means there is no limit to the amount of money your attorney could recover in your lawsuit.
However, if you are entitled to punitive damages, you can only recover $200,000 or twice the amount of compensatory damages, whichever amount is larger.
Unfortunately, your compensation award could be reduced if you share fault for the accident. This is because of Wisconsin Statutes Section 895.045, which governs the state’s modified comparative fault system for personal injury cases.
Under this system, you can recover compensation as long as your percentage of fault is not greater than the defendant’s percentage of fault. Assuming this is true, your damages award will be reduced by your percentage of fault for the accident.
For instance, if a court finds you are 10 percent at fault for the accident and you have $20,000 in damages, you would only receive $18,000.
You need an experienced Milwaukee car accident lawyer to ensure you are not assigned more fault for the accident than you deserve.
The Milwaukee car accident lawyers at PKSD are firmly committed to helping you recover all of the compensation you deserve. We know how valuable compensation can be after suffering a severe injury in a car accident.
Free Case Review. Ph: 877-877-2228
Wisconsin Statute of Limitations
There is a three-year statute of limitations for personal injury claims in Wisconsin (Wisconsin Statutes Section 893.54). This means you have three years from the date of the accident to file a car accident lawsuit.
A statute of limitations is a deadline for pursuing some type of legal action. Once the deadline passes, you are barred from filing a claim to obtain compensation.
However, if you are pursuing a claim on behalf of a loved one who died in a car accident, you have just two years from his or her death to file a claim.
If you were injured in a car accident and think you have a case, contact a Milwaukee car accident lawyer as soon as possible so your claim will be filed before the statute of limitations expires.
Complete a Free Case Evaluation form to find out if you have a case.
Common Causes of Car Accidents
Many traffic accidents are caused by driver errors, which could include:
- Driving under the influence
- Drowsy driving
- Distracted driving
- Traveling the wrong way
- Failing to yield the right of way
- Illegal turns
- Violations of other traffic laws
Car accidents are also caused by things drivers cannot control, such as:
- Car manufacturing defects
- Inclement weather
- Highway or road defects
- Wildlife darting into the road
Rear-End and Left-Turn Collisions
These types of accidents are known as No-Doubt Liability claims, because the other driver is almost always found to be at fault and insurance companies will rarely argue with you about it.
In a rear-end collision, the person who hits the car from behind is commonly at fault. In left-turn accidents, the person who makes a left turn and hits the oncoming car that is going straight ahead, is most always at fault in such cases. Some exceptions do apply, if the oncoming car is breaking any laws, such as running a red light or speeding.
Our Milwaukee car accident lawyers are familiar with many causes of car crashes. We are prepared to thoroughly investigate your claim to discover why the accident happened. This could include reviewing police reports and state traffic laws, consulting accident reconstruction experts, and interviewing eyewitnesses.
Contact a Milwaukee Car Accident Lawyer Today
Have you been injured in a car crash?
Attorney Jeff Pitman is a member of the National Board of Trial Advocacy and has a proven history of successfully handling personal injury lawsuits.
Our team of experienced car accident attorneys in Milwaukee can be reached by calling 877-877-2228 or online by completing our Free Case Evaluation form. Representatives can also engage in a Live Chat to speak directly to our team 24 hours a day, seven days a week.
We are centrally located near the Milwaukee County Clerk of Circuit Court, and our Milwaukee lawyers offer a free initial consultation. We also only get paid when a recovery is made on your behalf. At PKSD, our Milwaukee car accident lawyers are ready to help you today.
Pitman, Kalkhoff, Sicula, Dentice – Ph: 877-877-2228