Representation for Personal Injury Lawsuits in Wisconsin

Auto accidents can cause tremendous losses. These include the loss of time, property, health and even life. Auto accidents occur because of elements including driver error, negligence, manufacturing defects and dangerous weather. No matter what the specific cause or result, a crash can turn a normal day into a terrible ordeal. Speaking with a lawyer at the Groth Law Firm can help you sort out your rights, your options and your future. Contact the personal injury attorneys at Groth Law Firm to find out more.

When you have been in an auto accident, you may have a sense of who caused it. Ultimately who is at fault can be complicated by who acted when and which laws governed the situation. Immediately after a collision the at fault insurance may want to take a statement to protect their insured not the injured victim. If the other driver was negligent, you may have to prove that the driver breached a duty of care to you and that the breach caused your damages. The assistance of the Groth Law Firm attorney can be immensely valuable at this time, whether you are battling an insurance company, seeking compensation for your injuries or fighting for your rights in court.

Auto Accident Injuries and Compensation

An individual who has been injured in an automobile accident may be able to seek money damages for medical bills incurred since the collision and up until the settlement or verdict, lost wages, future medical bills and future lost wage. Also, there are miscellaneous expenses that attorney Jonathan Groth and the Groth Law Firm can assist you with to ensure you are fully compensated. Cases are fact specific, typically with complex issues of proof and fault in dispute. Working with an experienced personal injury attorney will help you sort out your legal options.

What to do if you've been in a Traffic Accident

Much needed Information on Auto Insurance

Insurance Claim Do's and Don'ts

When you need to make an auto insurance claim, you should proceed with care. Insurance companies are in the business to make money. This means pay out as little as possible for pain and suffering, lost wages and medical bills. To insurance companies this is just business. To an injured party the losses can be life changing. Your actions may have a significant influence on the amount of compensation you receive. Contact a skilled, dedicated and proven personal injury attorney to learn more.

Uninsured and Underinsured Motorists

When a driver refuses or is unable to carry any or enough Auto insurance, that driver puts more than just herself or himself at risk. If the driver injures another person, the insurance will be inadequate to cover the damages. Injured parties, however, may be covered by their own insurance policies; uninsured and underinsured motorist coverage protects accident victims in these cases. If you have been involved in an accident with an uninsured or underinsured driver, it is important to contact a skilled, dedicated and proven Wisconsin personal injury attorney to fight for your rights.

What to Do If You Are in an Accident

The Wisconsin Association for Justice (www.wisjustice.org) has published a pamphlet of helpful information to remember if you are the victim of an auto accident. As a current member and past New Lawyer Chair of the Wisconsin Association for Justice Attorney Jonathan Groth has the resources to assist injured victims recover what the law allows in money damages. The pamphlet states:

• Don’t leave the scene of the accident.

Wisconsin law requires the driver of a vehicle involved in an accident resulting in personal injury, death, or property damage to stop his/her vehicle at the scene of the accident.

• Assist the injured.

Check for injured persons. If someone is seriously injured, call 911 immediately and request emergency aid. Make the injured person comfortable, but do not move the person unless you are skilled in giving emergency care or it’s absolutely necessary to avoid further injury. Good intentions on your part could result in further injury to the victim. Any person who gives first aid or emergency
assistance at the scene of an accident in good faith is protected by Wisconsin's "Good Samaritan" law and cannot be liable for providing emergency care.

• Warn other drivers.

Make every effort to warn other drivers of the accident to prevent additional accidents. At night, use available flares, reflectors or flashlights.

• Call an officer.

Wisconsin law requires the driver of a vehicle involved in an accident resulting in personal injury, death, or property damage of $1,000 or more, or $200 for government property (except motor vehicles), to immediately notify the local police department, sheriff, or highway patrol of the accident. Failure to report an accident may result in the revocation of your driver’s license. Even if there are no apparent personal injuries, it is advisable to give this notice immediately. Injuries often show up later, and it is important that an officer investigate the accident promptly. Report any injury you have suffered. If you do not request an investigation, you may seriously damage your chances of obtaining full compensation or may be blamed for an accident that is not your fault.

• Assist the officer.

Remain at the scene, unless injured, until the officer arrives. Cooperate with the officer by relating the basic facts of the accident. Explain what happened. Be complete and accurate. Avoid jumping to conclusions about who was at fault. Avoid talking about the accident with persons other than the investigating police officers. If it is a serious accident, consult a lawyer who handles accident cases as
quickly as possible.

• Identify the other driver.

Obtain the other driver’s name, address and license plate (vehicle registration) number. Ask to see the other driver’s license. Wisconsin law requires exchange of this information among all parties involved in an accident. It is also highly recommended that you get the name of the other driver’s insurance company or agent. Keep a pencil and pad with this brochure in the glove compartment of your automobile.

• Obtain names & telephone numbers of witnesses.

Often, by the time the police arrive at the accident scene, witnesses to the collision may be gone. Therefore, obtain the name, address, and phone number of any witness(es) as soon as you can. Witnesses and others at the scene might have information about the circumstances of the accident.

• Keep a record of the accident.

If you are involved in an accident where a law enforcement agency has not filled out an accident report, you will be required to complete a "Driver's Report of Accident" form within ten days of the accident if the accident resulted in personal injury, death, or property damage of $1,000 or more, or $200 for government property. To aid you in completing that form, fill out the Accident Information Form in this brochure. You can also download an accident form from the Department of Transportation's website,
www.dot.wisconsin.gov

• Do not admit guilt.

A ticket or an arrest at the scene of the accident does not necessarily indicate liability. A plea of no contest followed by a conviction in connection with a traffic accident cannot ordinarily be used against you later in a suit for damages. A plea of guilty, however, and conviction may be used against you. It is important that you contact a lawyer who handles accident cases as soon as possible before admitting any liability or guilt.

• Obtain medical treatment.

If you believe that you have been injured in the accident, go to the nearest emergency room or to your personal physician as soon as possible after the injury to have the injuries checked by a competent health care professional. In order to insure proper medical treatment, be sure to disclose all injuries to the doctor, no matter how minor. Be sure to seek follow-up treatment, as necessary, if the injuries do not heal within a short time.

• Obtain an accident report.

A copy of the accident report can generally be obtained from the investigating officer’s police department within days of the accident. Within ten days after the accident, the investigating officer will forward a written accident report to the Wisconsin Department of Transportation. A copy of this report can be obtained for approximately $6.00 from the Department’s Accident Records, (608) 266-8753. (It is an automated system.) The records are kept for four years.

• Comply with financial responsibility law.

Shortly after a reportable accident, the Department of Transportation will contact the driver by mail requesting proof of financial responsibility. Cooperate with them to provide the information. Beginning in June 2010, all drivers will be required to purchase automobile insurance. Failure to do so can result in a fine of up to $500.

Remember to always carry your insurance card in your car otherwise you could face a fine of $10. The mandatory insurance requirement means every motor vehicle owner or registrant of a motor vehicle licensed in this state must purchase automobile insurance. Beginning on January 1, 2010, the minimum coverage required is $50,000 for injury or death to one person, $100,000 for injury or death to more than one person, and $15,000 for property damage. Given increased costs, this amount may not be
enough to cover an accident. Ask your agent how much it would cost to increase your insurance
limits. The extra protection it buys could be very important to you and your family. Failure to carry insurance may result in your being personally responsible for the damages caused by the accident if responsible for causing the accident. It may also cause the revocation of your driver’s license and vehicle registration.

• Inform your insurance company.

Make a complete report of your accident to your automobile liability insurance company. Failure to make a prompt report may void your insurance coverage. If you have medical expenses resulting from your accident your health insurer cannot refuse to pay them. They may be reimbursed if you are entitled to recover from the policy of the motor vehicle you were driving or riding in, and/or from your own motor vehicle policy under its medical payments coverage. If you have any insurance providing medical or disability coverage, you should also notify the company of your accident and injury and file appropriate claims.

• Pay nothing.

Your insurance company is responsible for making payments on your behalf "up to the policy limits of your coverage." Make no immediate payment to the other party nor promise to make a payment. If you make any payments without your company's approval, it may refuse to provide coverage for those
payments. The other driver cannot force you to make any payment without legal proceedings, nor can your motor vehicle be held without legal action.

• Seek professional advice.

Shortly after the accident a claims adjuster will be assigned by the other driver's insurance company to gather information in regard to the accident. It is common for the adjuster to ask an injured party to give a written or recorded statement as to how the accident occurred and also to seek medical information from you. Prior to discussing such matters with the other driver's insurance carrier, contact an attorney to discuss your rights in this situation. You can then decide how you want to deal with the other driver's insurance carrier.

• Select a lawyer who understands the law.

If the other driver is at fault for the accident, you may have a right to receive compensation from the other driver's insurance company for any personal injuries or property damage. Be cautious in dealing with persons offering to adjust your case or hurry you into a settlement. No settlement should be made until you are certain of the nature and extent of your injuries. Consult with your doctor on the long-term
consequences of your injury. Be sure a settlement fairly compensates you for permanent injuries and damages, including any loss of income and pain and suffering. Once a claim is settled, it can never be reopened.

If you are uncertain whether to settle, seek the advice of a lawyer who handles accident claims. That lawyer is trained to assist you in handling problems resulting from an accident. There is usually no charge to review your claim. Most attorneys handle injury cases on a contingent fee basis, meaning there is no charge unless compensation is recovered.

• Time for making a claim is limited.

For every injury or death claim, there is a limited period of time during which you must file your claim with the court. This is called a Statute of Limitation. In Wisconsin, the period for bringing an injury or death claim is usually three (3) years from the date of the accident, but there are some exceptions. The time for filing a claim against a governmental entity may be as little as 120 days. For accidents occurring in other states, the statute of limitations may be even shorter. The sooner you consult a lawyer following an accident, the more the lawyer can help you receive fair and adequate compensation for your injury.

An important reason to seek a skilled, dedicated and proven personal injury attorney is that insurance companies, on average, pay almost triple the amount of money in cases where the victim is represented by a lawyer. As you are recovering from the auto accident, the at fault party may have already notified their insurance company who, in turn, are busy trying to minimize their payout.

Because of the complexities involved in automobile accident cases, it is important that you act quickly and contact a personal injury attorney with any questions or issues. Proving negligence takes an investment of time, experience, and resources – advantages that only a skilled, dedicated and proven attorney can provide.

Protect yourself and your loved ones by calling for a free and confidential consultation. Groth Law Firm, S.C. has extensive experience providing our clients with the best possible legal representation for auto accident cases Wisconsin. Please call us today at 877-375-7001 or fill out a contact form on the Groth Law Firm website.