Am I Required to Provide a Recorded Statement in an Injury Claim?

recorded statement after an accidentAfter being injured in an accident, you may receive a call from an insurance company requesting a recorded statement about your version of events. Although providing a statement may help speed up the claims process, it could hurt your ability to recover fair compensation for your injuries and damages.

That is why it is important to seek legal help to avoid making statements that could devalue your claim or cause the insurance company to deny it. The experienced lawyers at Sigman Janssen are prepared to review your situation, explain your legal rights, and give you clear and honest answers about your claim in a free consultation.

Why Insurance Companies Want Recorded Statements

Insurance companies have a duty to investigate claims that are made against their insured drivers. They want to get your side of what happened. However, many insurers want a recorded statement so that they can find any evidence to use against you.

They may lead you during the conversation to make damaging statements that make you sound guilty, inconsistent or less truthful or try to use an innocuous statement like “I am fine” against you to suggest that your injuries are not serious as you claim.  

Consequences of Making a Recorded Statement

Most people are not trained to provide guarded yet accurate statements. Unfortunately, insurance companies are aware of this and often try to take advantage of the situation. They may contact you when you are not feeling well and convince you to give a recorded statement.

Accident victims may hurt their claims by:

  • Misspeaking out of nervousness
  • Minimizing their injuries
  • Providing more information than necessary
  • Providing inaccurate information due to lack of knowledge, not understanding the question or being under the influence of pain medication
  • Admitting fault for all or a portion of the accident
  • Committing to an answer that is later disproven by other evidence involved in the claim

Things to Consider If You Decide to Give a Statement

There is no law requiring you to give a statement, whether recorded or not. However, there are certain things you can do to protect your injury claim, should you decide to provide a statement to an insurer:

  • Request that your statement not be recorded
  • Provide concise and factual statements
  • Avoid giving opinions or making guesses
  • It is fine to say “I do not know” or “I do not remember” if this is an honest answer
  • Be truthful even if you think it may hurt your claim
  • Do not minimize or exaggerate your injuries
  • Only answer the question being asked
  • Do not agree to release your medical records by signing a release form

Contact Our Firm for More Information

Learn more about how to protect your rights by contacting a qualified Appleton personal injury lawyer from our firm. We know the tactics companies often use to discredit claims after an accident and are prepared to seek maximum compensation on your behalf.

Our consultations are free and there is no obligation to move forward and no upfront fees unless you are compensated for your injury.

We are here to help. Contact us today at (877) 888-5201.

Reviewed By

James Pitz

Attorney · Sigman Janssen Injury & Disability Lawyers
Licensed Wisconsin Attorney

James Pitz has spent more than three decades practicing civil litigation and personal injury law in Wisconsin, building a career defined by results rather than routine. Since earning admission to the Wisconsin bar in 1993, he has represented over 1,500 clients facing injury, disability, and wrongful death claims, developing a reputation for tenacity against seasoned opposing counsel. He holds a Juris Doctorate from the University of Wisconsin Law School and carries admission to both the Eastern and Western District federal courts in Wisconsin, extending his practice beyond state court. James maintains active standing across the state's leading legal associations, reflecting a career built on sustained engagement with the profession rather than a single credential.

  • J.D., University of Wisconsin Law School
  • Licensed to practice law in Wisconsin since 1993
  • Admitted to the U.S. District Court for the Eastern District of Wisconsin
  • Admitted to the U.S. District Court for the Western District of Wisconsin
  • Member, State Bar of Wisconsin
  • Member, Outagamie County Bar Association
  • Member, American Bar Association
  • Member, Wisconsin Association for Justice

Do I Have a Claim if a Third Party is Responsible for My Workplace Injury?

third party workplace injuryWhile a workers’ compensation claim provides compensation for damages that result from most workplace injuries, in some situations, an injured worker may also have a claim against a third party who is responsible for the accident. The third party generally must not be a co-employee or employer.

Our Green Bay personal injury attorneys discuss what you need to know about proving liability and filing third-party claims. If you were hurt on the job by someone other than your employer, contact us for a free consultation to learn the legal options that may be available for recovering compensation.

Workplace Accidents Involving Third Parties

Sometimes, injuries that occur due to a workplace accident involve a third party. These could include:

  • Car accidents that happen while you drove a company vehicle or drove your own vehicle to perform work
  • Accidents caused by defective products, such as faulty tools or equipment
  • Exposure to toxic substances on the job
  • Injuries caused by the negligent actions of another business or employer

Proving Liability in a Third-Party Claim

Unlike workers’ compensation claims, negligence plays a factor when it comes to third-party claims.

To pursue a claim against a third party believed to be responsible for your workplace injury, the third party must have owed you a duty of care and breached that duty directly causing your injury and resulting in damages, such as medical expenses and loss of wages.

Proving liability varies based on the situation surrounding your injury:

  • If you are injured in a car accident while performing work duties, you must prove that the other driver’s negligent actions were the cause of the accident and the injuries you sustained resulting from the accident.
  • If your injury was caused by a defective product, you must prove the product manufacturer’s liability. This may involve proving the manufacturer’s product was inherently dangerous to use, the manufacturer knew that their equipment did not work as intended/was faulty or that the manufacturer failed to warn your employer or users of the dangers associated with the product.
  • If you are injured by a toxic substance at work, you may have a claim against the substance’s manufacturer or the manufacturer of faulty safety equipment used while handling the substance. You may need to prove that the manufacturer failed to provide proper warnings regarding the use of their substance which caused your injury.

Filing a Third-Party Claim for a Work Injury

If you suffer a work injury caused by a third party, you may be able to file a third-party claim as well as a workers’ compensation claim.

Pursuing a third-party claim will typically involve contacting the third party or their insurer in writing. This initiates a third party insurance claim, which is then investigated by the third party’s insurance company. If your claim is approved, you may accept the offer or negotiate further. In the event it is denied, you have the option to appeal the decision or file a lawsuit in court.

Third-party claims allows you to seek certain damages unavailable through workers’ compensation. While workers’ compensation covers medical expenses for work-related injuries as well as some wage replacement compensation, it does not typically cover all the losses you experience due to a work injury.

Damages available from a third-party claim could include:

  • Pain and suffering
  • Medical expenses
  • Future medical expenses
  • Lost wages
  • Lost future earning capacity
  • Property damage

A settlement obtained through a third-party claim could help replace the difference between your workers’ compensation wage benefits and the earnings you would normally make if you were working.

It is also important to note that if a claim is successful, Wisconsin’s workers’ compensation system does have the right to be reimbursed for benefits they paid to you.

Discuss Your Claim With an Experienced Attorney

If you believe a third party is responsible for your workplace injury, our attorneys at Sigman Janssen are ready to help. Our firm has nearly 100 years of combined legal experience representing Wisconsin injury victims and their families and a proven track record recovering compensation for our clients.

It costs nothing to have our legal team evaluate your claim and inform you of your potential legal options during a free consultation. There are no upfront fees and payment is only due if we recover compensation on your behalf.

Call (877) 888-5201 or fill out our Free Case Review form.

Reviewed By

James Pitz

Attorney · Sigman Janssen Injury & Disability Lawyers
Licensed Wisconsin Attorney

James Pitz has spent more than three decades practicing civil litigation and personal injury law in Wisconsin, building a career defined by results rather than routine. Since earning admission to the Wisconsin bar in 1993, he has represented over 1,500 clients facing injury, disability, and wrongful death claims, developing a reputation for tenacity against seasoned opposing counsel. He holds a Juris Doctorate from the University of Wisconsin Law School and carries admission to both the Eastern and Western District federal courts in Wisconsin, extending his practice beyond state court. James maintains active standing across the state's leading legal associations, reflecting a career built on sustained engagement with the profession rather than a single credential.

  • J.D., University of Wisconsin Law School
  • Licensed to practice law in Wisconsin since 1993
  • Admitted to the U.S. District Court for the Eastern District of Wisconsin
  • Admitted to the U.S. District Court for the Western District of Wisconsin
  • Member, State Bar of Wisconsin
  • Member, Outagamie County Bar Association
  • Member, American Bar Association
  • Member, Wisconsin Association for Justice

Are Social Security Disability Benefits Taxable?

taxes and social security disability benefitsAfter waiting to be approved for Social Security Disability benefits, some claimants may be surprised to learn that their benefits may be taxed, so the overall amount of benefits they receive will be reduced. However, Social Security Disability Insurance (SSDI) benefits are not always taxable.

Below, our Oshkosh Social Security Disability lawyers discuss whether you are required to pay taxes on benefits. Request a free consultation today if you need help with your disability claim.

When Disability Benefits Are Taxed

For the majority of claimants, Social Security Disability benefits are not taxed. However, if the claimant has other substantial income, he or she may be liable for taxes on a portion of their income. This could happen if the claimant:

  • Works
  • Is self-employed
  • Has interest, dividends or other income from savings
  • Has a spouse who works

Taxable Amounts of Social Security Benefits

The taxable amount of your Social Security benefits depends on your total income and your filing status. If your only form of income is SSDI benefits, you may not owe any taxes on this income.

If you earned additional income besides your SSDI benefits or your spouse earned income and you file jointly, you may owe taxes on up to 85 percent of your benefits under the following circumstances:

  • Filing a federal tax return as an individual with an annual income over $35,000
  • Filing a joint tax return with a combined annual income over $44,000

The tax rate you pay on your benefits is the same as the rate for the rest of your income. For most SSDI claimants who have to pay taxes, they will pay their marginal tax rate of 10 to 15 percent of their benefits or 33 to 35 percent of their benefits for higher incomes.

The Social Security Benefit Statement you receive each January will show the amount of benefits you received last year. You can use this form when you complete your federal income tax return.

What About Back Payments?

Many Social Security claimants must wait months or years before their claim is approved, which may result in a large back payment for the months when they were eligible until the date of their award.

When claimants are paid for benefits for the months they were disabled but were not yet approved for benefits, their income for the year that they were approved for benefits may be significantly higher. This may result in a greater tax liability for that year.

Claimants can offset some of this liability by applying the SSDI benefits they were owed from prior years to prior tax returns so that their income for the year they receive the back payment is lower. This requires amending prior tax returns and possibly owing taxes for those years, but this strategy may help to reduce the larger tax liability for the year with back pay.

State Taxes on Disability Benefits

Some states impose their own tax on disability benefits. Some use the same income brackets as the federal system while others use their own system. However, Wisconsin is not a state that currently imposes state taxes on disability benefits, so your only tax liability related to your Social Security Disability benefits is on the federal level.

Our Disability Attorneys Are Ready to Help

If you are having issues understanding your Social Security benefits, we recommend that you reach out to an experienced disability attorney from Sigman Janssen.

Our attorneys are prepared to help you throughout the claims process and answer any questions or concerns you may have.

Schedule a free, no-obligation case review. (877) 888-5201.

Reviewed By

James Pitz

Attorney · Sigman Janssen Injury & Disability Lawyers
Licensed Wisconsin Attorney

James Pitz has spent more than three decades practicing civil litigation and personal injury law in Wisconsin, building a career defined by results rather than routine. Since earning admission to the Wisconsin bar in 1993, he has represented over 1,500 clients facing injury, disability, and wrongful death claims, developing a reputation for tenacity against seasoned opposing counsel. He holds a Juris Doctorate from the University of Wisconsin Law School and carries admission to both the Eastern and Western District federal courts in Wisconsin, extending his practice beyond state court. James maintains active standing across the state's leading legal associations, reflecting a career built on sustained engagement with the profession rather than a single credential.

  • J.D., University of Wisconsin Law School
  • Licensed to practice law in Wisconsin since 1993
  • Admitted to the U.S. District Court for the Eastern District of Wisconsin
  • Admitted to the U.S. District Court for the Western District of Wisconsin
  • Member, State Bar of Wisconsin
  • Member, Outagamie County Bar Association
  • Member, American Bar Association
  • Member, Wisconsin Association for Justice

Qualifying for Social Security Disability After a Car Accident

social security disability after car accidentIn some car accidents, you may be injured so severely that you are unable to return to work for an extended period of time. In these situations, you may qualify for Social Security Disability benefits to help cover costs associated with your injury. The Appleton Social Security Disability lawyers from our firm are prepared to review your claim and determine if you may be eligible to pursue benefits due to your accident in a free consultation.

SSA’s Determination of a Disability

The Social Security Administration (SSA) focuses on how your injury affects your ability to work, not how the injury occurred. Therefore, your claim will not automatically be approved or denied simply because it stems from a car accident.

To meet the SSA’s definition of “disabled,” you must meet the following eligibility requirements:

  • Your condition is severe and greatly impedes your ability to perform basic work tasks
  • The condition significantly affects your ability to perform work for at least one year or is terminal in nature
  • Your condition is listed in SSA’s Listing of Impairments or the SSA otherwise determines you are disabled
  • Your condition prevents you from performing any work you have performed in the past or other work at certain exertional levels depending on your age.

You must have also obtained sufficient work credits for Social Security Disability Insurance (SSDI) or meet income and asset guidelines for Supplemental Security Income (SSI). For most SSDI claimants, the requirement is to have 40 work credits, with at least half of them being obtained within the past decade.

Car Accident Injuries That May Qualify for Benefits

Certain injuries caused by a car accident that may qualify for disability benefits include:

  • Whiplash – Whiplash is a common injury that occurs in car accidents. If your MRI shows visible spinal and/or neck injuries, you may qualify for benefits.
  • Fractures – If a broken bone impedes your ability to work, you might be eligible for benefits.
  • Back injuries – Car accidents often aggravate pre-existing back injuries. They may cause conditions such as spinal cord injuries, nerve root compression or lumbar spinal stenosis.
  • Traumatic brain injuries – Car accident victims may hit the steering wheel, dashboard or side of the vehicle, which may lead to traumatic brain injuries severely limiting their ability to function.
  • Burns – Severe burns from burning cars or explosions may seriously impact your ability to work.

What If My Injury is Not Listed?

If your injury is not on the list, the SSA will determine your residual functional capacity (RFC) to determine whether there is any type of work that you can perform. Your treating doctor can prepare your RFC form, or the SSA may send you to a doctor specifically to complete this form.

During this process, the SSA reviews your medical records and determines the side effects of treatment, how much you have recovered and whether any medications affect your symptoms or ability to work. Additionally, they will ask the doctor if you have complied with all of your doctor’s orders and what limitations he or she believes impair your ability to work.

The SSA will assess your ability to perform basic physical and work tasks and then assign you with an RFC of heavy, medium, light or sedentary work. In most cases, you must receive an RFC of less than sedentary work to be considered disabled unless you are over 55 and cannot transfer to a new type of work due to the lack of job skills.

Contact Our Legal Team for Help

After a serious car accident, it is important that you are able to focus on your health, not on figuring out how you will pay for your bills. The legal team at Sigman Janssen is prepared to assist you with applying for disability benefits or filing an appeal if denied.

Since we work on a contingency fee basis, you do not have to pay anything upfront. You only pay us for our legal services if we help you recover benefits.

Contact us today at (877) 888-5201 to schedule your free consultation.  

Reviewed By

James Pitz

Attorney · Sigman Janssen Injury & Disability Lawyers
Licensed Wisconsin Attorney

James Pitz has spent more than three decades practicing civil litigation and personal injury law in Wisconsin, building a career defined by results rather than routine. Since earning admission to the Wisconsin bar in 1993, he has represented over 1,500 clients facing injury, disability, and wrongful death claims, developing a reputation for tenacity against seasoned opposing counsel. He holds a Juris Doctorate from the University of Wisconsin Law School and carries admission to both the Eastern and Western District federal courts in Wisconsin, extending his practice beyond state court. James maintains active standing across the state's leading legal associations, reflecting a career built on sustained engagement with the profession rather than a single credential.

  • J.D., University of Wisconsin Law School
  • Licensed to practice law in Wisconsin since 1993
  • Admitted to the U.S. District Court for the Eastern District of Wisconsin
  • Admitted to the U.S. District Court for the Western District of Wisconsin
  • Member, State Bar of Wisconsin
  • Member, Outagamie County Bar Association
  • Member, American Bar Association
  • Member, Wisconsin Association for Justice

How Damages Are Calculated for Car Accident Injuries

valuing car accident damagesOne of the most common questions that our experienced lawyers at Sigman Janssen receive is, “What is the value of my case?” The answer to this question is tied to several factors, including the extent of the damages you sustained in the accident. Damages are the losses that you have suffered because of the accident.

A Green Bay auto accident attorney from our firm is prepared to review the details of your situation and determine the legal options that could be open to you. The consultation is free and there are no upfront fees for our services. We are only paid if we get money for you.

Settlement Factors for Car Accidents

There are a variety of factors that affect whether a car accident claim will settle and for how much:

  • Clarity of fault – Wisconsin is a fault-based state for car accidents, meaning the party that is responsible for the accident is also responsible for any damages caused. This party’s insurance company would help cover these damages, up to the policy limits. Sometimes, your own insurance company helps cover damages. If it is clear that the insured caused the accident, the insurance company may be more likely to settle the claim.
  • Type and severity of your injuries – The more severe the victim’s injuries, the more medical expenses he or she is likely to have. Victims who are severely injured are also much more likely to miss a lot of time from work. They could also struggle to perform daily activities and continue working in the same field as before the injury.
  • Strength of your evidence – When you have medical evidence that links your injuries to the accident and documentation such as photographic evidence that establishes the other party’s fault and your injuries, this can help strengthen your claim for compensation.
  • Insurance policies and limits – The insurance company will review the policy that it has in place with the insured and determine what coverage applies. Additionally, it will only pay up to the limits of the insurance policy, even if your damages exceed this amount. Insurance companies often dispute what coverages apply and this requires the injured party to have an experienced lawyer to review the insurance coverages and determine what is applicable.
  • Legal representation – Insurance companies know that seeking legal representation can impact the potential value of a claim as perceived by jurors. When you have an experienced lawyer on your side who has successfully received jury verdicts on behalf of clients, the insurance company has an incentive to settle the claim fairly.

Damages Available in a Car Accident Case

There are two main kinds of damages in a car accident case: economic damages and non-economic damages. Economic damages represent the actual financial losses that you suffered because of the accident. These damages can be quantified and are usually established by providing documentation.

Non-economic damages are those that are not based on financial losses, so they are more difficult to value.

Some of the most common economic damages that are incurred as a result of a crash include:

Medical-Related Costs

These could include the cost of:

  • Emergency room visits
  • Ambulance transportation
  • Hospital stays
  • Follow-up doctor’s visits
  • Surgery
  • Physical therapy services
  • Medical devices such as crutches or wheelchairs

Wage Losses

If you lost time from work because you were receiving medical treatment or recovering from the accident, you may be able to obtain compensation for lost wages. Additionally, if your earning capacity is diminished, you may be able to receive compensation for this loss.

Damaged Vehicles

Your vehicle may have been damaged in the accident. The value of this aspect of your claim may be equal to one of the following:

  • The reasonable cost to repair your vehicle
  • The reasonable fair market value of your vehicle
  • Rental car or loss of use payment while your vehicle is unable to be driven

If the accident caused a “total loss,” the amount you may receive would be based on the depreciated value of the vehicle, not on the cost to get a new vehicle, unless the insurance policy states otherwise.

Some of the most common non-economic damages include:

Pain and Suffering Experienced

You may also be able to receive compensation for the pain and suffering you experienced. These damages are based on factors such as:

  • The type and extent of your injuries
  • Your prognosis for additional pain and suffering
  • The level of pain you have suffered
  • Permanent injuries

Loss of Affection or Companionship

Many injuries impact marital relationships. Wisconsin law allows you to seek damages for the loss of affection or companionship your spouse has experienced because of the accident.

Contact Us to See if You May be able to Take Legal Action

If you were harmed in an accident due to another driver’s negligence, it is important that you consider your rights to pursue legal action. There are strict time limits for when you must file a claim, which is why we recommend that you contact our legal team at Sigman Janssen for help.

We offer free consultations and there is no risk or obligation involved. If we represent you, there are no upfront fees. We only get paid if we help you recover compensation for your injuries.

Call (877) 888-5201 to learn more about your possible legal options.

Reviewed By

James Pitz

Attorney · Sigman Janssen Injury & Disability Lawyers
Licensed Wisconsin Attorney

James Pitz has spent more than three decades practicing civil litigation and personal injury law in Wisconsin, building a career defined by results rather than routine. Since earning admission to the Wisconsin bar in 1993, he has represented over 1,500 clients facing injury, disability, and wrongful death claims, developing a reputation for tenacity against seasoned opposing counsel. He holds a Juris Doctorate from the University of Wisconsin Law School and carries admission to both the Eastern and Western District federal courts in Wisconsin, extending his practice beyond state court. James maintains active standing across the state's leading legal associations, reflecting a career built on sustained engagement with the profession rather than a single credential.

  • J.D., University of Wisconsin Law School
  • Licensed to practice law in Wisconsin since 1993
  • Admitted to the U.S. District Court for the Eastern District of Wisconsin
  • Admitted to the U.S. District Court for the Western District of Wisconsin
  • Member, State Bar of Wisconsin
  • Member, Outagamie County Bar Association
  • Member, American Bar Association
  • Member, Wisconsin Association for Justice

How Insurance Companies May Try to Mislead You After a Car Accident

injured driver talking to insurance companyAccident victims are often in a state of shock and uncertainty. That is why insurance companies like to contact victims soon after the crash. They are hoping to get victims to agree to a settlement far below what their claim may be worth.

It is important to educate yourself on how insurance companies may try to mislead you after an accident, so you are prepared.

You can also schedule a free consultation with an experienced Green Bay auto accident attorney from Sigman Janssen. If you have a case and hire our firm, we are prepared to help shield your claim from the insurance company and pursue maximum compensation.

Telling You that You Must Give a Statement

One of the most common tricks insurance companies play is to insist you must give a recorded statement about the accident. They often say this within a few hours of the accident when a victim is still recovering, on pain medication or not aware of the full extent of his or her injuries.

While insurance adjusters may claim providing a recorded statement will “speed up the claims process,” they want a statement because they are hoping you will say something that will be used against you to deny or devalue your claim.

Adjusters have been trained to try to get accident victims to say something against their own interest, such as admissions of fault for the accident. They may ask leading questions to try to get this information or even repeat similar versions of the same question. They may also twist your own statements to damage your credibility.

Information you provide to the insurance adjuster right after the crash might be disproven later in the investigation. However, once you provide a recorded statement, it can be very difficult to dispute later. Recorded statements can also limit the value of a claim, particularly if you said things that appeared to minimize the severity of your injuries.

Acting Like Your Friend

Another common tactic that insurance adjusters may use is to act like your friend. They may express concern about your condition and try to convince you they are trying to close the case and secure top compensation for your recovery. They may send small checks to cover some costs to show good faith, such as costs to repair your vehicle or payment for a rental car. They may also call periodically to “check in” with you. These tactics are used to try to gain your trust so you will accept a lowball settlement offer or say things that lessen the value of your damages.

They may even try to convince you they are looking out for your best interests and if you work with a lawyer, he or she will take a huge chunk of your settlement to cover his or her costs.

Asking for Medical Records

While it may make sense for insurance companies to ask for your medical records so they can pay for your medical expenses, many times insurance companies ask for medical records to find information to use against you.

If you provide access to records from before the crash, they may find information about another injury and say your current health issues are a result of the old injury and not the accident.

Let Our Experienced Lawyers Help You

If you were hurt in a car crash and would like assistance from an experienced legal professional, schedule a free consultation with one of the attorneys at Sigman Janssen.

We have a proven record of recovering fair compensation from insurance companies. We know how to protect claims from insurance companies who are looking to pay out the least possible amount of compensation.

There is no financial risk or obligation to pursue legal action after meeting with us. There are no costs or upfront fees.

Contact us today to schedule your free case review. (877) 888-5201

Reviewed By

James Pitz

Attorney · Sigman Janssen Injury & Disability Lawyers
Licensed Wisconsin Attorney

James Pitz has spent more than three decades practicing civil litigation and personal injury law in Wisconsin, building a career defined by results rather than routine. Since earning admission to the Wisconsin bar in 1993, he has represented over 1,500 clients facing injury, disability, and wrongful death claims, developing a reputation for tenacity against seasoned opposing counsel. He holds a Juris Doctorate from the University of Wisconsin Law School and carries admission to both the Eastern and Western District federal courts in Wisconsin, extending his practice beyond state court. James maintains active standing across the state's leading legal associations, reflecting a career built on sustained engagement with the profession rather than a single credential.

  • J.D., University of Wisconsin Law School
  • Licensed to practice law in Wisconsin since 1993
  • Admitted to the U.S. District Court for the Eastern District of Wisconsin
  • Admitted to the U.S. District Court for the Western District of Wisconsin
  • Member, State Bar of Wisconsin
  • Member, Outagamie County Bar Association
  • Member, American Bar Association
  • Member, Wisconsin Association for Justice

Who Could Be at Fault in a Parking Lot Crash?

parking space between two carsWith so many vehicles coming and going and parking and stopping, it can be difficult to determine who has the right of way in a parking lot. That can make it difficult to determine who was at fault for a crash. Below, learn more about the common kinds of parking lot accidents and who could potentially be at fault. Since drivers often disobey speed limits in parking lots, these crashes can be quite serious and cause significant damages.

Victims of these crashes can contact the experienced Appleton car accident lawyers at Sigman Janssen. You can learn more about possible legal options for pursuing compensation.

Types of Parking Lot Crashes that Often Occur

Determining fault for a parking lot crash is an integral step in the personal injury claims process after an accident. Some of the most common types of parking lot collisions are discussed below, along with who is generally liable in each situation:

Two Drivers Collide While Backing Out of Different Parking Spaces

In this accident, two drivers are backing out of their parking space at the same time. Since both vehicles are moving, both motorists could be held responsible. Drivers are supposed to ensure that no oncoming traffic is approaching before attempting to back out of the parking space.

Driver Backs Out of a Space into a Vehicle in the Lane of Traffic

When a driver backs out of a parking spot and collides with a vehicle that is already in the lane of traffic, he or she is usually liable, because the driver in the lane of traffic has the right-of-way.

However, there may be exceptions. For example, if the vehicle traveling down the lane of traffic was speeding, this driver may share some of the fault.

Driver Pulls Forward and Hits a Vehicle in the Lane of Traffic

If a driver pulls forward out of a parking space and collides with another motorist who is moving through the lane of traffic, the exiting driver will likely be held liable for the accident, since he or she is responsible for yielding to oncoming traffic.

Drivers Fighting for a Space Collide

Sometimes two drivers may spot a parking space at the same time and collide while trying to rush to claim it. However, since the driver making the turn across traffic is required to yield to oncoming traffic, he or she is usually at-fault for this type of accident. However, there may be other factors to consider, especially if both vehicles were speeding to get into the vacant spot.

Rear-End Crash at a Stop Sign

If a vehicle has come to a halt at a stop sign and is subsequently rear-ended by another driver who was not paying attention, the driver in the rear will almost always be at-fault. One exception where the driver in front may share some of the liability is if his or her brakes are not functioning.

Driver Hits a Pedestrian

Determining fault if a driver hits a pedestrian in a parking lot may be complicated, because both pedestrians and drivers share responsibility in maintaining safety in a parking lot. If a pedestrian was not in a designated crosswalk and failed to look before entering the roadway, he or she may share some of the liability for the accident. However, drivers are still required to watch for pedestrians.

How You Can Reduce Your Risk of a Crash

You can reduce the risk of a crash by following these simple tips:

  • Drive slowly and cautiously
  • Look multiple times for vehicles when backing out or pulling forward out of a space
  • Take advantage of your rear back up system and camera, but look around you as well
  • Park further away where there is less competition for parking spaces
  • Avoid parking near stray carts that could damage your vehicle
  • Avoid parking too close to other vehicles

If you are involved in an accident in a parking lot, call authorities, stay at the accident scene and exchange information with the other driver. If the other driver is not in his or her vehicle at the time of the accident, leave a note with your contact details after reporting the accident to the police. If you leave the scene of the accident you are breaking the law. Additionally, take photos of the damage to the vehicle and the accident scene. If you are injured, seek medical treatment.

Call Sigman Janssen Today to Set Up a Free Consultation

If you were hurt in a parking lot crash, you can reach out to the experienced lawyers at Sigman Janssen.

Our accident lawyers in Appleton work on contingency, which means we charge nothing up front, and you will not pay us any fees unless we successfully help you recover compensation.

Feel free to contact us (877) 888-5201 to schedule a free, no-obligation consultation and discuss your potential legal options.

Reviewed By

James Pitz

Attorney · Sigman Janssen Injury & Disability Lawyers
Licensed Wisconsin Attorney

James Pitz has spent more than three decades practicing civil litigation and personal injury law in Wisconsin, building a career defined by results rather than routine. Since earning admission to the Wisconsin bar in 1993, he has represented over 1,500 clients facing injury, disability, and wrongful death claims, developing a reputation for tenacity against seasoned opposing counsel. He holds a Juris Doctorate from the University of Wisconsin Law School and carries admission to both the Eastern and Western District federal courts in Wisconsin, extending his practice beyond state court. James maintains active standing across the state's leading legal associations, reflecting a career built on sustained engagement with the profession rather than a single credential.

  • J.D., University of Wisconsin Law School
  • Licensed to practice law in Wisconsin since 1993
  • Admitted to the U.S. District Court for the Eastern District of Wisconsin
  • Admitted to the U.S. District Court for the Western District of Wisconsin
  • Member, State Bar of Wisconsin
  • Member, Outagamie County Bar Association
  • Member, American Bar Association
  • Member, Wisconsin Association for Justice

Is an Injury That Happened at Lunch Covered by Worker’s Compensation?

lunch break for factory workersWisconsin’s workers’ compensation system provides benefits to employees who were injured on the job. However, what if you were not working when the injury occurred? What if you were at lunch or traveling? These are complex questions you should discuss with a qualified lawyer.

The Appleton workers’ compensation lawyers at Sigman Janssen have a proven record of recovering fair compensation for injured Wisconsin workers.

When the Injury May be Covered

Wisconsin’s workers’ compensation system covers any injury that resulted from physical or mental harm from an accident or disease. The injury must have occurred when the employee was “performing service growing out of and incidental to … employment.”

This could include injuries that happen during your lunch break, if you were eating at your workplace, such as in the cafeteria/break room. If you were injured after leaving work to go out to lunch, the injury probably would not be covered by workers’ compensation.

You may also be covered by the workers’ compensation system if you were hurt at a company-sponsored event, like a party, golf tournament, picnic or training seminar.

According to the Wisconsin Worker’s Compensation Guide, injuries away from company premises are covered if the employee is still under the employer’s direction and control. This means you could be covered if you were injured in transit from your employer’s property to another place, if your employer was handling transportation.

If your job requires travel, injuries that occur while on company business may also be eligible for benefits. This could include injuries that occur while in airplanes, cabs or hotels. For example, you might get injured in a traffic accident and this would likely qualify for benefits.

However, if you were injured while traveling but it happened while you were doing something for a personal reason unrelated to work, it probably will not be covered. This could include personal errands or other activities of a strictly private nature that are unrelated to work.

What About Injuries During Your Commute?

Generally, injuries during the commute to work are not covered by Wisconsin’s workers’ compensation system. This includes injuries that occur while in company-sponsored vanpools or cars.

An exception to this is if the injury happens on company-owned property. For example, you may be eligible for benefits for an injury that happens in the company parking lot.

You may also be eligible for benefits if you were running a company errand during your commute, such as delivering something or picking up supplies.

Even if you are unsure if an injury is covered, there is no harm in reporting it to your employer as soon as possible. If you do have a viable claim, this helps to link the injury to the accident. If there is a gap between the date of the injury and the date you notified your employer, the insurer may try to use this as an excuse to deny your claim.

Contact Sigman Janssen Today for a Free Consultation

If you are unsure whether you may be eligible for benefits, you can discuss it with our experienced attorneys in a free, confidential and no-obligation consultation. We can answer your workers’ compensation questions and determine if you may have a viable claim and help you pursue benefits if you do.

We may also be able to help you if you have already filed a claim or it has been denied and you want to appeal.

Our attorneys work on a contingency fee basis, which means no upfront fee. We are not paid unless we recover compensation on your behalf.

Call us today at (877) 888-5201 or fill out a free online form.

Reviewed By

James Pitz

Attorney · Sigman Janssen Injury & Disability Lawyers
Licensed Wisconsin Attorney

James Pitz has spent more than three decades practicing civil litigation and personal injury law in Wisconsin, building a career defined by results rather than routine. Since earning admission to the Wisconsin bar in 1993, he has represented over 1,500 clients facing injury, disability, and wrongful death claims, developing a reputation for tenacity against seasoned opposing counsel. He holds a Juris Doctorate from the University of Wisconsin Law School and carries admission to both the Eastern and Western District federal courts in Wisconsin, extending his practice beyond state court. James maintains active standing across the state's leading legal associations, reflecting a career built on sustained engagement with the profession rather than a single credential.

  • J.D., University of Wisconsin Law School
  • Licensed to practice law in Wisconsin since 1993
  • Admitted to the U.S. District Court for the Eastern District of Wisconsin
  • Admitted to the U.S. District Court for the Western District of Wisconsin
  • Member, State Bar of Wisconsin
  • Member, Outagamie County Bar Association
  • Member, American Bar Association
  • Member, Wisconsin Association for Justice

How Long Does It Take to Settle a Car Insurance Claim?

preparing to sign an agreementWhen you are dealing with a car accident injury and all the expenses it creates, such as medical bills and lost wages, you are probably asking yourself how long it will take for the insurance process to wrap up. You need that settlement check to get yourself out of the financial hole caused by your accident.

Below, the car accident lawyers at Sigman Janssen explain some of the main factors that affect the settlement of a car accident claim. Each claim is different, so we encourage you to contact us so we can learn more about the details of your claim.

Three Major Factors That Can Affect Your Settlement

Three of the most important factors affecting your settlement can include:

Maximum Medical Improvement

It is important that you have reached the point of maximum medical improvement. This means that you have met treatment goals and your medical condition is unlikely to get any better.

It is important to wait for this point so the cost of all your medical expenses will be included in your settlement. People reach the point of maximum medical improvement at different times depending on how they respond to treatment and how severe their injuries are.

All Expenses Have Been Accounted For

It is important when pursuing a personal injury claim that all the expenses you incurred from the accident have been accounted for. You do not want to settle your case only to find out later that you had other unexpected expenses.

Your attorney can work to gather all records and accounts from expert witnesses to add up all your expenses, such as:

  • Lost future earning capacity
  • Disability-related expenses

Response to the Demand Package

Once your lawyer has all the information described above, he or she can submit a demand package to the insurance company. The amount of time it takes the insurance company to respond to this package also affects when you will receive a settlement. This response time could range from a few weeks to longer.

Other Factors

There are a variety of other factors that can affect how long it takes to receive a settlement, including:

Type of Claim

Property-damage only claims tend to be less complicated and involve less expense than medical claims. That means it could take much less time to process.

Claims for medical bills often cause more disagreements than property damage claims because the insurance company may question if certain expenses should be paid for.

Nature and Severity of Injuries

The extent of your injuries and the available treatments may also affect how long it takes to reach a settlement. The more complex and severe the injuries are, the longer it will take to reach a settlement. If the injuries are not very severe, the insurance company might pay without a long investigation.

The Insurance Company

Some insurance companies resolve cases more quickly than others. Some have a higher likelihood of settlement while others try to avoid settling as much as possible.

Some larger insurance companies may offer smaller settlements and may be more likely to go to court to try to avoid paying out high settlements.

Insurance adjusters with a larger volume of claims to work through will typically take longer to process a claim than those with fewer claims.

Specifics of the Accident

Other factors that could affect how long it takes to reach a settlement are if:

  • A governmental entity is involved
  • Multiple parties are involved
  • There is a lack of documentation to support the case

Contact a Lawyer for Help

If you were injured in an accident, it is critical that you retain an experienced Appleton car accident attorney for help with your case.

The dedicated legal team at Sigman Janssen can quickly get to work on your case to try to secure a fair settlement. We fight for your fair compensation after being injured by a negligent driver.

Call us now at (877) 888-5201.

Reviewed By

James Pitz

Attorney · Sigman Janssen Injury & Disability Lawyers
Licensed Wisconsin Attorney

James Pitz has spent more than three decades practicing civil litigation and personal injury law in Wisconsin, building a career defined by results rather than routine. Since earning admission to the Wisconsin bar in 1993, he has represented over 1,500 clients facing injury, disability, and wrongful death claims, developing a reputation for tenacity against seasoned opposing counsel. He holds a Juris Doctorate from the University of Wisconsin Law School and carries admission to both the Eastern and Western District federal courts in Wisconsin, extending his practice beyond state court. James maintains active standing across the state's leading legal associations, reflecting a career built on sustained engagement with the profession rather than a single credential.

  • J.D., University of Wisconsin Law School
  • Licensed to practice law in Wisconsin since 1993
  • Admitted to the U.S. District Court for the Eastern District of Wisconsin
  • Admitted to the U.S. District Court for the Western District of Wisconsin
  • Member, State Bar of Wisconsin
  • Member, Outagamie County Bar Association
  • Member, American Bar Association
  • Member, Wisconsin Association for Justice

How Do I Pay My Bills While Waiting for a Decision on Social Security Disability?

envelopes past dueIt might be a while before the Social Security Administration (SSA) decides whether to award you benefits. This may leave you struggling to pay your bills, particularly if you cannot work very much or at all. However, there is financial help that may be available, depending on your situation. It may also be possible to have your application expedited so you can receive benefits sooner.

If you have questions about applying for Social Security Disability (SSD) benefits, contact our experienced Social Security Disability lawyers for a free legal consultation.

Can I Continue Working?

You could wait more than a year to hear back from the SSA about your application; technically, working should not hurt your eligibility for benefits, unless the SSA determines you are engaging in substantial gainful activity. In 2019, substantial gainful activity is presumed when the claimant is not blind and earns more than $1,220 per month. The limit is $2,040 if the claimant is blind.

However, you should be cautious about working while your application is pending. The SSA will factor this into its decision when evaluating your application. This, in combination with other factors, could result in your application being denied. This is why it is a good idea to review your situation with one of the qualified attorneys at Sigman Janssen.

Other Government Benefits That Could Be Available

You may be eligible for other government benefits while your application for Social Security benefits is pending. Some other benefits that can help you until your application is approved include:

  • Interim Assistance – Some counties in Wisconsin may provide a small monthly stipend to claimants whose applications have a high probability of being approved. If you are later approved for benefits, you are required to repay the money received.
  • TANF – Temporary Aid for Needy Families is a federal program that provides financial assistance to low-income families with minor children. These benefits are paid for a limited amount of time.
  • SNAP – The Supplemental Nutritional Assistance Program provides funds that can be used to purchase food.
  • Health Insurance – BadgerCare

There may be other government programs that can provide financial assistance or other benefits that can assist you while your case is pending. You can contact your county’s Health & Human Services ADRC Dept.: Outagamie, Waupaca, Brown, Winnebago, FDL, or Calumet to ask about other programs for which you may qualify.

Expedited Payments

In some situations, the SSA expedites the review of an SSD application, which could result in applicants receiving benefits much faster. The SSA often does this with applications from people with terminal illnesses, including:

  • Stage IV cancer
  • Mesothelioma
  • People awaiting a liver, lung, heart or bone marrow transplant
  • Chronic heart failure
  • People who have been comatose for at least 30 days
  • Oat cell lung cancer

The SSA will also make quicker decisions on applications for disabilities that qualify for the Compassionate Allowances program. The SSA has an alphabetical listing of conditions that qualify for the program.

The SSA will also expedite your claim if you are a veteran with a disability that developed when you were on active duty after Oct. 1, 2001.

Expedited payments may be possible if a claimant does not have sufficient resources to obtain food, medicine or shelter. You will need evidence to prove you are in dire need, which may include:

  • Notice of immediate eviction
  • Evidence of lost insurance coverage
  • Notice from a lender about imminent foreclosure
  • Letter from your homeless shelter stating you are no longer eligible for services

Is There Anything Else I Can Do?

There may be other ways to obtain financial support while waiting for the SSA to make a decision about your application, such as:

  • Asking friends and family for help
  • Seeking help from a charitable organization or church
  • Applying for housing assistance
  • Applying for unemployment benefits
  • Applying for short-term disability benefits

Contact a Lawyer for Assistance with Your Application

Need help applying for Social Security Disability benefits?

Our attorneys can guide you throughout the entire process. We have helped many people with disabilities obtain benefits. We can also appeal if your claim was denied. We have detailed knowledge of how to build a strong application and collect detailed medical evidence.

Call us today (877) 888-5201. There are no upfront fees.

Reviewed By

James Pitz

Attorney · Sigman Janssen Injury & Disability Lawyers
Licensed Wisconsin Attorney

James Pitz has spent more than three decades practicing civil litigation and personal injury law in Wisconsin, building a career defined by results rather than routine. Since earning admission to the Wisconsin bar in 1993, he has represented over 1,500 clients facing injury, disability, and wrongful death claims, developing a reputation for tenacity against seasoned opposing counsel. He holds a Juris Doctorate from the University of Wisconsin Law School and carries admission to both the Eastern and Western District federal courts in Wisconsin, extending his practice beyond state court. James maintains active standing across the state's leading legal associations, reflecting a career built on sustained engagement with the profession rather than a single credential.

  • J.D., University of Wisconsin Law School
  • Licensed to practice law in Wisconsin since 1993
  • Admitted to the U.S. District Court for the Eastern District of Wisconsin
  • Admitted to the U.S. District Court for the Western District of Wisconsin
  • Member, State Bar of Wisconsin
  • Member, Outagamie County Bar Association
  • Member, American Bar Association
  • Member, Wisconsin Association for Justice