Motorcycle accidents can be devastating for riders and their families. Often, crash victims are left with life-changing injuries that require expensive medical treatment and long recovery times. If you are a rider that has been injured or are a family member has lost a loved one in a motorcycle accident that was caused by another motorist, holding the at-fault motorist accountable can be an important step in the recovery process.
Our law firm has been helping Wisconsin residents for nearly 100 years and established a proven track record of recovering fair compensation for our personal injury clients, including a $500,000 recovery obtained by Partner Mark Sewall on behalf of a motorcycle accident victim that sustained a leg injury in a crash.
If you have questions, we can help to provide answers. There are no upfront fees for our services.
Call (877) 888-5201 for a free consultation.
How Do I Know if I Have a Case?
In most motorcycle accident injury cases, it must be established that the at-fault motorist was negeligent in their actions that contributed to the collision. Commonly, this is established by proving:
- Duty of care – This means the driver who caused your crash owed you a duty of care to take reasonable steps to protect himself and others on the road.
- Breach of duty of care – Our attorneys must be able to show there was a breach of the duty of care the other driver owed to you. In other words, the other driver did not do what a reasonable individual would have done in the same kind of situation.
- Causation – There must be a direct link between the driver’s breach and your injuries. This means your injuries happened because the other driver breached a duty of care.
- Damages – It must be proven you suffered damages because of the other driver’s actions. This could include current and future medical bills, lost wages and possibly other damages.
If you are not sure if you have grounds to file a lawsuit, call us today and let us explore the legal options that may be available to you.
Free consultation. Call (877) 888-5201.
What Forms of Compensation May be Available?
Injuries sustained in a motorcycle accident may create a variety of financial and emotional damages that may potentailly affect the victim for life. The collision may also cause a permanent disability that can have have a significant effect on the future earning capacity of the victim.
The Oshkosh motorcycle accident attorneys at Sigman, Janssen, Sewall, Pitz & Burkham have a comprehensive knowledge of Wisconsin's injury laws and carefully investigate each case we handle, to determine the potential value for both economic and non-economic damages:
These are losses that have a defined value and can be established with supporting documenation. These damages may include:
- Medical expenses
- Rehabilitation costs
- Medical transportation costs
- Prescription medications
- Lost wages
- Loss of earning capacity
- Bike repairs or replacement
- Mobility aids
- Household assistance
- Funeral costs
Our attorneys may also be able to pursue compensation for the emotional trauma your injuries may have caused. These may include:
- Pain and suffering
- Emotional distress
- Scarring or disfigurement
- Temporary or permanent disability
- Loss of society and companionship
- Loss of enjoyment of life
We have obtained millions in compensation for accident victims in Wisconsin. If you have a case, we will not charge any upfront fees for providing legal services.
Need some help? Call (877) 888-5201.
How Long Do I Have to Take Legal Action?
In Wisconsin, there is a limited amount of time to file a motorcycle accident claim. Generally, victims have three years from the date the accident occurred to file a claim (Wisconsin Statutes §893.54).
However, there can be exceptions to this three-year deadline - some may result in the deadline being brought forward, others that extend it. For example, when injury victims are minors, the statute of limitations extends to their 20th birthday.
It is important to discuss your incident with an experienced attorney who can determine the possible deadline for your specific claim.
What if I Was Not Wearing a Helmet During the Accident?
Yes, you still have a case if you were not wearing a helmet in your motorcycle accident. You should contact us to discuss your individual situation. We have a strong understanding of Wisconsin motorcycle laws and we will help you better understand the value of your claim.
Important Steps After a Motorcycle Accident Injury
If we determine you have a case, the attorneys at our firm are prepared to guide you through the entire legal process. This includes performing all of the necessary tasks to acquire the information we need to build a strong argument for your damages claim. However, there are things you can do right after the accident that may help us in building a case:
Seek Medical Assistance
Obtaining medical treatment after an accident is paramount. Even if you are not in pain and believe your injuries are minor, it is better to be cautious and be seen by a doctor. Some injuries may seem small but can get significantly worse at a later date.
The doctor will also note the cause of your injuries in your medical records, which may be used to help validate your injury claim.
There are multiple emergency rooms where you may be able to receive treatment, including Aurora Medical Center.
Gather Other Drivers’ Information
You should ask everyone involved in the crash for certain information that could be helpful later in the legal process. This information includes:
- Names of all parties involved (drivers and passengers)
- Driver’s license numbers
- License plate numbers
- Insurance company names
Take Pictures at the Scene
Pictures can be very important evidence because it can be difficult to remember exactly how things looked after the accident. Whenever possible, and when injuries allow, accident victims should try to take pictures at the scene.
Using a cell phone - photograph the vehicles involved in the crash, capturing the damage they sustained. Look around for skid marks, debris on the road, property damage, and environmental damage and take pictures of those things.
If you have any visible injuries, be sure to take pictures.
If you are in a lot of pain and cannot take pictures, ask family or friends at the scene if they can do so.
Ask Witnesses What They Saw
Witnesses may have seen aspects of the crash you did not know about. The details they may be able to provide could help strengthen your potential claim.
If there are any witnesses, ask them if they can tell you what they saw. You can either take notes or ask them if you can record the conversation. They could forget things days or weeks after the crash, so talking to them right after the crash could be very important.
Make sure to get contact information for any witnesses you speak to. That way your attorney can confirm what they saw.
Watch What You Say
You may be contacted by an insurance company after the accident. However, you need to know that insurance companies may not be looking to protect your best interests. They are often focused on paying out as little compensation as possible.
This is why you should be cautious when talking to insurance companies. If you provide too much information, it may hurt your chances of obtaining fair compensation. Insurance adjusters are trained to use your own words against you to lower the value of your claim. You are not required to give a recorded statement and can discuss this request with an attorney.
We encourage you to contact us before filing any insurance claim. If you have a valid claim, we can file it on your behalf, and we understand how to protect your best interests when dealing with the insurance company.
Keep a Journal
It can be helpful to keep a journal about the accident. Your journal can include the details of the crash, the pain you experience each day, times you missed work, daily activities you can no longer take part in, and how your treatment is progressing. You can discuss what to include in an accident journal with your lawyer.
Talk to a Licensed Attorney
If we take your case, our Oshkosh motorcycle accident lawyers are ready to handle the legal process on your behalf. This includes filing an insurance claim, talking to the insurance company, witnesses and the police on your behalf. This allows you to focus your attention on recovering from your injuries.
Call our firm today at (877) 888-5201 to learn more about how we may be able to assist you.
Motorcycle Insurance Laws in Wisconsin
If your accident was caused by another driver, you may be able to pursue compensation from the driver’s insurance policy. Wisconsin is a fault state, so the driver who is found to be at fault is financially responsible for the damages caused by the accident.
Wisconsin requires all drivers to have the following insurance coverage, at minimum:
- $25,000 of bodily injury coverage per person
- $50,000 of bodily injury per accident
- $10,000 of property damage coverage
These coverages compensate accident victims for medical costs, property damage, lost wages, and pain and suffering.
If you were injured in an accident with an uninsured driver, our attorneys may be able to file a claim with your own insurance company under your uninsured motorist coverage. The state requires riders to purchase a minimum of $25,000 per person and $50,000 per accident in uninsured motorist coverage. If the other driver’s insurance coverage cannot cover your damages, we might be able to file a claim for your underinsured motorist coverage.
Our Oshkosh motorcycle accident lawyers can review your policy and the other driver’s policy to determine potential options for pursuing compensation. We understand the requirements involved in uninsured and underinsured motorist claims.
Speak with an Oshkosh Motorcycle Accident Lawyer
Having experienced legal counsel can bring peace of mind to accident victims while they focus on recovering from their injuries. Our legal team can handle all of the details relating to your case, including all inquiries from the insurance company of the defendant.
We encourage you to schedule a free consultation today at no risk or obligation to you. Sigman Janssen represents accident victims on a contingency basis. What this means for you is that there are no upfront costs or out-of-pocket fees to pay. We are not paid anything unless we are able to obtain compensation on your behalf.
Call (877) 888-5201 now.