Car crashes can be life changing events for victims and their families. Victims often have to attend doctor’s appointments, physical therapy, organize car repairs and deal with insurance claims, in addition to trying to move forward with their lives. The licensed Oshkosh car accident lawyers at Sigman, Janssen, Sewall, Pitz & Burkham can help to ease the burden of these issues, and we welcome the opportunity to review the details of your incident. Our team of experienced attorneys have a proven record of obtaining significant compensation recoveries for car accident victims including $2 million for a highway accident victim, $850,000 for a collision that resulted in multiple injuries, and $535,000 for an injured passenger.
For nearly 100 years, we have been providing legal counsel to individuals and families throughout Wisconsin, and we charge no upfront fees.
Call (877) 888-5201 for a free consultation.
Do I Have a Case for Compensation?
There can be many factors involved in a car accident damages claim and as each case is unique, we recommend contacting a lawyer at our firm to help review the details of your incident.
In most instances, the legal team must establish that there was a duty of care owed to the victim by the other driver. A duty of care is a requirement for another driver to operate his or her vehicle safely and avoid reckless actions.
It must also be proven that the other driver did something to breach that duty of care. Once this element is established, it must be proven that there is a causal link between the breached duty and your injuries. This essentially means that your injury would not have happened unless the duty of care was breached.
A connection must also be established between the injuries that were sustained in the collision, and the costs associated with those injuries. Examples of this may include medical treatment costs and lost wages.
If you are unsure if you have a case, call our team of legal professionals today and let a lawyer from our firm review the details of your collision for free. Ph: (877) 888-5201.
Compensation You May be Eligible to Receive
Depending on the circumstances of your car accident, you may be eligible to pursue a variety of damages. This includes economic and non-economic damages.
These are damages that have specific monetary value and include out-of-pocket expenses, that may include:
- Past, current and future medical expenses
- Rehabilitation or treatment services
- Transportation to doctors’ appointments
- Prescription medications
- Medical equipment
- Long-term care assistance
- Lost wages or income
- Loss of future earning capacity
- Property damage
- Vehicle repairs
Commonly, these are damages related to physical and emotional issues you experience after an accident, and may include:
- Pain and suffering
- Emotional distress
- Mental anguish
- Loss of consortium
- Loss of enjoyment of life
Wisconsin is different from some other states as it does not put a cap on non-economic damages. This allows our accident attorneys to pursue the maximum amount of compensation available for your specific case.
These are generally reserved for accidents caused by drivers who were under the influence of drugs or alcohol. The purpose of awarding these damages is punishment for the at-fault driver. Punitive damages are meant to discourage other people from doing what the at-fault driver did.
Unlike non-economic damages, punitive damages are capped by the state. Victims can only receive $200,000 or twice the amount of compensatory damages, whichever amount is greater.
Our trusted Oshkosh car accident lawyers can discuss compensatory damages with you. We have detailed knowledge of what these damages consist of and how to prove their value.
What if I am Partially at Fault?
In some cases, victims that may be partially at fault may still be eligible to obtain compensation under Wisconsin’s modified comparative negligence rule.
Under this rule, victims may still be able to pursue compensation from anyone who is equally or more at fault than they are for the accident. However, any compensation that is recovered may be reduced by your percentage of fault. This means if you are 20 percent at fault and are awarded compensation, your award would be reduced by 20 percent. If you are five percent at fault, the award will be reduced by five percent.
The law prohibits you from recovering damages from those who are less at fault than you are.
What if the Other Driver Does Not Have Insurance?
When a motorist is injured in a collision and the other driver does not have insurance – or not enough insurance to cover the expenses of your damages claim – the victim may still have a claim against their own insurance company. However, this depends on the type of insurance policy that the victim has.
These types of cases can be complex. That is why we recommend contacting an Oshkosh car accident lawyer from our firm so that we can review your incident in detail and explore the options that may be available. We can review the details of the insurance policies available and file a claim on your behalf.
Free consultation. Call (877) 888-5201
What is the Deadline for Filing a Claim?
Auto accident cases in Wisconsin are regulated by specific statutes of limitations. These laws set deadlines for filing cases. In many instances, the law requires that cases be filed within three years from the date of the accident. Cases filed after that time may be rejected.
However, it is important to note there may be exceptions to this. For example – if you were injured in an accident with a government vehicle, a document called a notice of claim must be filed within 120 days of the date of your crash. Wisconsin also has a discovery rule that sometimes allows lawsuits to be filed after the three-year statute of limitations has passed. Furthermore, there may be other details in your claim that bring forward or extend the filing deadline. Injury claims filed by minors also have a different deadline – the statute of limitations will be extended to the minor’s 20th birthday.
A knowledgeable attorney can review your accident and determine the deadline for filing a case and whether one of the exceptions above may apply.
Call (877) 888-5201 to discuss your accident.
Reporting Your Car Accident
If you have been involved in a car accident in Wisconsin, there are reporting obligations which are outlined in detail, in Wisconsin Statute §346.70.
Anyone involved in a car accident must report it if:
- More than $200 in damage to state or other government-owned property other than a vehicle
- Injury to any person, no matter how minor
- More than $1,000 in damage to any person’s vehicle
- More than $1,000 in damage to any person’s property
Report the accident to your local police department or law enforcement agency (sheriff’s department or traffic department). Once called to the scene, the officer can complete a police report.
If you receive a letter from the Department of Transportation stating that you were involved in a reportable accident and requesting you to complete a report, you must do so.
You will need the following information to complete the accident report:
- Your Social Security number (SSN)
- Your Vehicle Identification number (VIN)
- Your driver’s license number
- Your vehicle insurance information
How You Can Help Your Potential Case
If you have a case and choose the legal team at Sigman, Janssen, Sewall, Pitz & Burkham to be your legal representation, we will handle the entire case on your behalf.
However, you may be able to assist your case by taking certain steps after reporting your accident to the authorities. If you are physically able and not putting yourself in harm’s way, consider the following:
Take Pictures at the Scene
You can quickly document the accident scene by taking pictures with your cell phone. If possible, be sure to capture the damage to all the vehicles in the crash, debris on the road, skid marks and other damage to the road, and anything else you think might be useful.
Discuss the Crash with Witnesses
If you see any witnesses, ask them about what they saw. It is possible they know important details about the moments leading up to the accident. Be sure to write down the names of any witnesses you speak with. You should also ask for their contact information if you or your attorney have more questions later.
Obtain a Medical Evaluation
Have your injuries reviewed by a doctor so he or she can document them in your medical records. Tell the doctor the injuries that happened in the car crash. Explain any pain you feel, along with any other symptoms (confusion, limited mobility, etc.) so the doctor can thoroughly evaluate you.
Be Careful with Insurance Companies
Be careful about what you say to the insurance company because providing too many details could hurt your claim. The things you say to the insurance company can be used against you. Insurance companies are not focused on your best interests and may do various things to try to undermine your claim, including using your own words against you.
If the insurance company asks for a recorded statement about the crash, you are not required to give one. It is often helpful to discuss a request for a recorded statement with an Oshkosh car accident lawyer who has experience with car accident claims. A lawyer can explain when you should give the insurance company a recorded statement and what it should include.
We also recommend contacting us before filing an insurance claim. If you have a valid claim and want to proceed, we can file it on your behalf.
Contact an Experienced Attorney
Working with a reputable car accident lawyer with a track record of recovering fair compensation can be very important. The Oshkosh car accident attorneys from our firm have extensive knowledge of Wisconsin laws affecting accident claims, deadlines, negotiating with insurance companies and carefully investigating accidents.
Have some questions? Call (877) 888-5201.
Common Types of Accident Claims in Oshkosh
Our Oshkosh car accident lawyers are ready to represent clients who have been injured in many different types of car accidents caused by reckless drivers. These include:
- Head-on collisions
- Side-impact/T-bone accidents
- Rear-end crashes
- Multi-vehicle accidents
The accidents above can be caused by many forms of driver negligence, which may include:
- Drowsy or fatigued driving
- Distracted driving, such as texting or talking on the phone
- Aggressive driving, such as weaving in and out of traffic
- Tailgating or following too closely
- Violating the right of way
- Unsafe lane changes
- Failing to obey traffic laws
- Driving in poor weather conditions
- Poor vehicle maintenance
Our Oshkosh car accident attorneys can discuss the possible causes of your accident. You will not be charged any upfront fees if we represent you.
Auto Accident Injuries That May Be Eligible for Compensation
Seeking medical treatment is very important after an accident. You need to have your injuries looked at by qualified medical professionals to determine how badly you are hurt and the treatment options available to you. Some of the injuries that vehicle occupants may sustain include:
- Broken bones or fractures
- Internal bleeding
- Organ damage
- Back injuries
- Burn injuries
- Amputated limbs
- Head trauma, such as traumatic brain injuries
- Neck trauma, such as whiplash
- Spinal cord injuries causing full or partial paralysis
In addition to physical injuries, car accident victims may also experience mental and emotional trauma, such as anxiety, depression or post-traumatic stress disorder (PTSD).
Contact an Experienced Oshkosh Car Accident Lawyer
Knowing that your interests are being protected can be an important step in the recovery process. The skilled Oshkosh car accident lawyers at Sigman, Janssen, Sewall, Pitz & Burkham have many years of experience protecting the rights of our clients and handling auto accident claims.
Contact us today for a 100 percent free, no-obligation consultation. This is your opportunity to discuss your claim with one of our knowledgeable attorneys at zero cost to you. We charge no upfront fees or out-of-pocket costs to represent you. We do not get paid anything unless we win a settlement or court victory on your behalf.
Call for your free consultation now: (877) 888-5201.