Personal Injury Frequently Asked Questions

How do I know if I need to hire a lawyer to handle my injury case?

You don’t.  You need to discuss your situation with an experienced personal injury lawyer.  Most injured people don’t have experience dealing with insurance companies, so too often injured people end up at an unfair disadvantage.  The insurance company knows the value of your case, you don’t.  You need someone in your corner who does.

Why would I have to hire a lawyer if I’m dealing with my own insurance company?

The job of all insurance company representatives, including the representative of your own insurance company, is to settle your claim for the lowest possible amount.  The job of your lawyer is to recover for you all of the compensation to which you are entitled for your current and future injuries.

What will it cost for me to hire a lawyer?

Usually, personal injury cases are handled by lawyers on a contingency fee (percentage fee) basis. In other words your attorney isn’t paid unless he or she recovers money for you. And your lawyer has the greatest incentive to make sure that you are fully compensated for your losses. Of course, we are willing to represent you on an hourly fee basis, if you prefer.

Do I have an obligation to speak with representatives of insurance companies involved in the collision?

The only company you are obligated to speak with is your own insurance company, but you should probably hold off doing that until you have discussed your case with an experienced personal lawyer.

How much is my case worth?

We can’t answer this question until you are done healing and we have had a chance to review your treatment records and bills and your doctor’s opinion about any permanent injury you may have sustained.

When should I hire a lawyer?

The sooner the better, in order to investigate while memories are still fresh, to preserve evidence, to obtain photos of the scene of the collision, the vehicles and any visible injuries, and to obtain witness statements.  Also, your lawyer should be handling communications with all insurance company representatives as early in the process as possible.

Should I speak to law enforcement personnel?

You have a duty to cooperate with law enforcement personnel.  And generally speaking, it is in your best interest to be perceived by them as being cooperative.  However, if possible, it’s wise to consult with an attorney before you are asked to speak with law enforcement.

What issues would my lawyer handle for me in a personal injury case?

For an injured person to recover against an insurance company, there are three things that need to be proven:

Negligence.  Drivers have a duty to others to drive with reasonable care.  If a driver fails in that duty, he or she may be found to have been negligent.  The injured person must prove that he or she was equally or less at fault than the driver who caused the collision.  Wisconsin is called a comparative negligence state.  That means that if there are two drivers, and driver A is 90% responsible for causing the collision and driver B is 10% responsible for the collision, then driver B may recover 90% of the value of all of his/her injuries.  It is important to evaluate this issue as soon as possible after the collision, because memories fade and evidence may disappear with the passage of time.

Causation.  Under Wisconsin law, in order to recover, the injured person must prove that the collision was a “cause” of (was a “substantial factor” resulting in) his or her injuries.  What does this mean?  Suppose that vehicle A rear-ends vehicle B.  Inside vehicle B are Driver B and Passenger B.  Immediately after the collision, both Driver B and Passenger B experience back pain that they were not experiencing immediately before the collision.  For both of these people, their new back pain symptoms can be said to have been caused by the collision.  However, assume that, immediately before the collision, Passenger B was not experiencing any back pain, whereas Driver B had a history of pre-existing back pain leading up to the collision.  Passenger B (and his or her attorney) should have little difficulty proving that Passenger B had no prior treatment on his or her back and, therefore, did not have back pain prior to the collision.  Driver B (and his or her attorney) will have the more difficult responsibility of proving how much back pain Driver B had before the collision and, thus, how much additional back pain was caused by the collision.  Driver B is entitled to compensation only for the additional back pain that was caused by the collision.

Damages.  There are many categories of damages under Wisconsin law.  Some damage claims, like out-of-pocket medical bills and wage loss, may be obvious.  Other damage claims, like physical and emotional pain and suffering,  diminished enjoyment of life, and diminished earning capacity, are not so obvious.  In order to fully evaluate claims for damages, it is necessary that an experienced personal injury lawyer conduct a comprehensive evaluation of the injured party’s claims.

Why should I choose your law firm over other law firms?

We have more than 90 years of combined experience representing individuals in a wide range of personal injury cases throughout Wisconsin.  We’ve tried cases in state and federal court and have achieved excellent results for our clients.

And if you hire us, your case will be handled by one of partners from start to finish. That eliminates the chance that your case will be handled by inexperienced people just hired out of law school.

See what some of our clients have had to say about us.