FREQUENTLY ASKED QUESTIONS FOR PERSONAL INJURY CLAIMS
Disclaimer: The information contained on this page is not legal advice. The information provided on this website is for general informational purposes and is not necessarily updated to account for changes in the law. You should consult with an attorney for legal advice regarding your individual circumstances.
I was recently injured in an accident. What should I do next?
Shortly after an accident happens, an injured person is often contacted by the at-fault party or his or her insurance company. You may be pressed to provide a recorded statement or other information about the accident, and you may be asked leading questions to induce answers that create the impression that you were somehow at fault. Consulting with an attorney at the very outset of a personal injury case is important for a number of reasons. An attorney will be able to evaluate your claim and help you determine whether you have a claim worth pursuing. The attorney can handle communications with the at-fault party and his or her insurance company. The attorney can also begin gathering records and other evidence which will help prove your claim. Meanwhile, you won’t have to worry about dealing with the insurance company directly and can focus on recovering from your injuries.
How much time do I have to bring a personal injury claim?
The applicable “statute of limitations” for filing suit on a personal injury claim varies, depending on where the accident or incident occurred, which state’s laws apply, whether the claim arose as a result of negligent or intentional conduct, whether the claim arose as a result of a motor vehicle accident, whether the injured party is a minor, and other factors. If the claim is against a governmental body or a governmental officer, official, agent, or employee, or a volunteer fire company, it may be necessary to give written notices of the circumstances of the claim, within a short period of time after the accident or incident giving rise to the claim occurred. It is recommended that you consult with an attorney to determine whether a notice of claim is required, and which statutes of limitation are applicable to your claim.
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 is “judgment proof,” meaning the person 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. An attorney can help you determine whether there are insurance companies or other parties who may share liability with the at-fault party and provide a source of funds to pay your damages.
How do I bring a personal injury claim?
In most cases, the insurance company for the at-fault party will follow up with you or your attorney to learn more about what happened in the accident and what injuries you sustained. You may be asked to sign releases which will permit the insurance company to review your medical and employment records. The insurance company may try to settle the claim and will exchange settlement offers with you or your attorney. This process may take only a few weeks or may last several months. If the parties reach agreement on settlement terms, you will be asked to sign a release waiving your right to bring any future claims arising from the accident.
If the parties are unable to reach a settlement agreement, the injured person will have to file a lawsuit in order to pursue the claim further. Once a lawsuit is filed, each side will have the opportunity to obtain discovery as to the other side’s case. This process may include taking depositions of parties or witnesses to the accident and any health care providers for the injured person, as well as issuing subpoenas to obtain records or other documents relating to the accident or the injured person’s physical or mental condition. The parties are free to continue to negotiate a settlement during the course of the lawsuit. If the lawsuit does not settle and is not dismissed for some legal deficiency, the case will go to trial, where a jury or judge will decide who was at fault in causing the accident and what amount of damages will be awarded to the injured person.
I was not injured in the accident but my spouse was injured. Will I also be able to pursue a claim?
Wisconsin law recognizes that the spouse of an injured person may bring a claim in the spouse’s own name for “loss of consortium.” Loss of consortium generally refers to the love and affection, companionship and society, the comfort and advice, the rendering of services, and any other elements that normally arise in a close, intimate, and harmonious marriage. The spouse’s claim is typically negotiated or taken to trial at the same time as the injured person’s claim.
I was not injured in the accident but my child was injured. Can my child pursue a claim for damages?
Yes, although in cases where the injured person is a minor child, the claim will need to be pursued by a guardian on behalf of the child. In many cases, the child’s parent(s) will serve as guardian for purposes of pursuing the claim. The guardian would then make all decisions on behalf of the child regarding the claim, such as retaining an attorney, making and accepting settlement offers, and signing releases.
What kinds of damages can I recover in a personal injury claim?
The damages will vary by claim but often include pain and suffering compensation, reimbursement for medical bills and other out of pocket expenses, lost wages and loss of earning capacity, and property damage. In cases where the at-fault party acted with an intentional disregard of the injured person’s rights, the injured person may also be entitled to recover punitive damages, which are intended to punish the at-fault party for their conduct.
How much is my claim worth?
There are many variables which must be considered in determining the monetary value of a personal injury claim. It will require analysis of the evidence the fault of each of the parties, the nature and severity of the injuries, and the range of potential damage awards. An experienced personal injury attorney can provide you with a general idea of the potential value of your claim.
What kind of attorney fee arrangements are available to personal injury clients?
Our firm will usually handle personal injury claims on a contingency fee basis, meaning we will recover a portion of any settlement or amounts awarded at trial. Clients typically prefer this arrangement as they will not have to pay any attorney fees upfront and will not have any liability to pay attorneys’ fees in the event of no recovery. All contingency fee agreements are reduced to writing and will be explained in detail to the client before the client signs the agreement.
Can I still recover damages if I was partially at fault in my accident?
Yes, in some cases. Wisconsin is a “comparative negligence” state, meaning that any fault of the injured party will be compared against the negligence of other parties. Generally, if the injured person’s fault is determined to be less than the fault of another party, the injured person can still recover damages from the other party, although the amount of damages awarded may be reduced in proportion to the percentage of fault assigned to each party.
Can I still recover damages even if I’ve had other accidents or preexisting conditions?
Yes. Although an injured person must show that the accident in question caused damages, the existence of prior accidents or preexisting conditions will not necessarily bar the claim. Under Wisconsin law, an injured party may recover damages for aggravation of a preexisting condition. Insurance companies will frequently attempt to deny a personal injury claim on the basis that a preexisting condition was the cause of a person’s current health issues rather than a recent accident, but an attorney may help prove that you have sustained a new or aggravated condition from the accident.
Besides dealing with the insurance company for the at-fault party, will other parties be involved in my personal injury claim?
In many cases, yes. In Wisconsin, when an injured person’s medical bills are paid by a health insurance company, that insurance company usually has a right (called “subrogation”) to pursue a claim to recover the expenses paid by the insurance company. The health insurance company may pursue the claim directly against the at-fault party or his or her insurance company, although they also may attempt to seek reimbursement from any settlement amount you receive. The reimbursement amount may be negotiable. This right of subrogation also applies if your bills are paid through a government program such as Medicare or Medicaid, although there are different rules that apply to those programs. Because these reimbursement rules are complex, injured persons should consult with an attorney before entering into any personal injury settlement to make sure that all of your reimbursement obligations are resolved before a settlement is accepted.
Will I be liable to pay income tax on any damages award I receive?
Whether you will have tax liability on a personal injury award will depend on what kind of damages you are awarded in the settlement or verdict. Generally speaking, compensatory damages for personal injuries are not considered taxable income. However, other damages such as reimbursement for lost wages may be considered taxable income. You should consult with an attorney regarding the potential tax consequences of any proposed settlement or award.
Disclaimer: The information contained on this page is not legal advice. The information provided on this website is for general informational purposes and is not necessarily updated to account for changes in the law. You should consult with an attorney for legal advice regarding your individual circumstances.
I was recently injured in an accident. What should I do next?
Shortly after an accident happens, an injured person is often contacted by the at-fault party or his or her insurance company. You may be pressed to provide a recorded statement or other information about the accident, and you may be asked leading questions to induce answers that create the impression that you were somehow at fault. Consulting with an attorney at the very outset of a personal injury case is important for a number of reasons. An attorney will be able to evaluate your claim and help you determine whether you have a claim worth pursuing. The attorney can handle communications with the at-fault party and his or her insurance company. The attorney can also begin gathering records and other evidence which will help prove your claim. Meanwhile, you won’t have to worry about dealing with the insurance company directly and can focus on recovering from your injuries.
How much time do I have to bring a personal injury claim?
The applicable “statute of limitations” for filing suit on a personal injury claim varies, depending on where the accident or incident occurred, which state’s laws apply, whether the claim arose as a result of negligent or intentional conduct, whether the claim arose as a result of a motor vehicle accident, whether the injured party is a minor, and other factors. If the claim is against a governmental body or a governmental officer, official, agent, or employee, or a volunteer fire company, it may be necessary to give written notices of the circumstances of the claim, within a short period of time after the accident or incident giving rise to the claim occurred. It is recommended that you consult with an attorney to determine whether a notice of claim is required, and which statutes of limitation are applicable to your claim.
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 is “judgment proof,” meaning the person 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. An attorney can help you determine whether there are insurance companies or other parties who may share liability with the at-fault party and provide a source of funds to pay your damages.
How do I bring a personal injury claim?
In most cases, the insurance company for the at-fault party will follow up with you or your attorney to learn more about what happened in the accident and what injuries you sustained. You may be asked to sign releases which will permit the insurance company to review your medical and employment records. The insurance company may try to settle the claim and will exchange settlement offers with you or your attorney. This process may take only a few weeks or may last several months. If the parties reach agreement on settlement terms, you will be asked to sign a release waiving your right to bring any future claims arising from the accident.
If the parties are unable to reach a settlement agreement, the injured person will have to file a lawsuit in order to pursue the claim further. Once a lawsuit is filed, each side will have the opportunity to obtain discovery as to the other side’s case. This process may include taking depositions of parties or witnesses to the accident and any health care providers for the injured person, as well as issuing subpoenas to obtain records or other documents relating to the accident or the injured person’s physical or mental condition. The parties are free to continue to negotiate a settlement during the course of the lawsuit. If the lawsuit does not settle and is not dismissed for some legal deficiency, the case will go to trial, where a jury or judge will decide who was at fault in causing the accident and what amount of damages will be awarded to the injured person.
I was not injured in the accident but my spouse was injured. Will I also be able to pursue a claim?
Wisconsin law recognizes that the spouse of an injured person may bring a claim in the spouse’s own name for “loss of consortium.” Loss of consortium generally refers to the love and affection, companionship and society, the comfort and advice, the rendering of services, and any other elements that normally arise in a close, intimate, and harmonious marriage. The spouse’s claim is typically negotiated or taken to trial at the same time as the injured person’s claim.
I was not injured in the accident but my child was injured. Can my child pursue a claim for damages?
Yes, although in cases where the injured person is a minor child, the claim will need to be pursued by a guardian on behalf of the child. In many cases, the child’s parent(s) will serve as guardian for purposes of pursuing the claim. The guardian would then make all decisions on behalf of the child regarding the claim, such as retaining an attorney, making and accepting settlement offers, and signing releases.
What kinds of damages can I recover in a personal injury claim?
The damages will vary by claim but often include pain and suffering compensation, reimbursement for medical bills and other out of pocket expenses, lost wages and loss of earning capacity, and property damage. In cases where the at-fault party acted with an intentional disregard of the injured person’s rights, the injured person may also be entitled to recover punitive damages, which are intended to punish the at-fault party for their conduct.
How much is my claim worth?
There are many variables which must be considered in determining the monetary value of a personal injury claim. It will require analysis of the evidence the fault of each of the parties, the nature and severity of the injuries, and the range of potential damage awards. An experienced personal injury attorney can provide you with a general idea of the potential value of your claim.
What kind of attorney fee arrangements are available to personal injury clients?
Our firm will usually handle personal injury claims on a contingency fee basis, meaning we will recover a portion of any settlement or amounts awarded at trial. Clients typically prefer this arrangement as they will not have to pay any attorney fees upfront and will not have any liability to pay attorneys’ fees in the event of no recovery. All contingency fee agreements are reduced to writing and will be explained in detail to the client before the client signs the agreement.
Can I still recover damages if I was partially at fault in my accident?
Yes, in some cases. Wisconsin is a “comparative negligence” state, meaning that any fault of the injured party will be compared against the negligence of other parties. Generally, if the injured person’s fault is determined to be less than the fault of another party, the injured person can still recover damages from the other party, although the amount of damages awarded may be reduced in proportion to the percentage of fault assigned to each party.
Can I still recover damages even if I’ve had other accidents or preexisting conditions?
Yes. Although an injured person must show that the accident in question caused damages, the existence of prior accidents or preexisting conditions will not necessarily bar the claim. Under Wisconsin law, an injured party may recover damages for aggravation of a preexisting condition. Insurance companies will frequently attempt to deny a personal injury claim on the basis that a preexisting condition was the cause of a person’s current health issues rather than a recent accident, but an attorney may help prove that you have sustained a new or aggravated condition from the accident.
Besides dealing with the insurance company for the at-fault party, will other parties be involved in my personal injury claim?
In many cases, yes. In Wisconsin, when an injured person’s medical bills are paid by a health insurance company, that insurance company usually has a right (called “subrogation”) to pursue a claim to recover the expenses paid by the insurance company. The health insurance company may pursue the claim directly against the at-fault party or his or her insurance company, although they also may attempt to seek reimbursement from any settlement amount you receive. The reimbursement amount may be negotiable. This right of subrogation also applies if your bills are paid through a government program such as Medicare or Medicaid, although there are different rules that apply to those programs. Because these reimbursement rules are complex, injured persons should consult with an attorney before entering into any personal injury settlement to make sure that all of your reimbursement obligations are resolved before a settlement is accepted.
Will I be liable to pay income tax on any damages award I receive?
Whether you will have tax liability on a personal injury award will depend on what kind of damages you are awarded in the settlement or verdict. Generally speaking, compensatory damages for personal injuries are not considered taxable income. However, other damages such as reimbursement for lost wages may be considered taxable income. You should consult with an attorney regarding the potential tax consequences of any proposed settlement or award.