Does My Age Affect My Eligibility for Social Security Disability Benefits?

denied disability benefits claimYour age is one of many factors that can influence your eligibility for Social Security Disability benefits. While every situation is different, it is generally true that the older you are the easier it is to qualify for federal disability benefits.

In this blog, Sigman Janssen explains how an applicant’s age could impact his or her eligibility for benefits. We review the age brackets for applicants and how an applicant’s age could limit his or her ability to adapt to new types of work or learn new skills.

If you need assistance obtaining Social Security Disability benefits, contact our Appleton Social Security Disability lawyers to discuss your situation. An initial application is free, and there are no upfront costs to hire our services.

Decades of experience. Proven results. Call us at (877) 888-5201.

Age Brackets for Social Security Disability Applicants

The Social Security Administration (SSA) divides applicants into different age brackets. While the SSA evaluates each application on its own merits, they generally believe that advancing age limits your ability to adjust to other work.

For example, the SSA may approve some older applicants for benefits even though they have residual functional capacity that may allow them to do other work. Meanwhile, a younger applicant with a similar residual functional capacity may be less likely to be approved for benefits.

These are the four age brackets for Social Security Disability applicants:

  • Younger person (18-49 years of age): The SSA often considers people in this bracket to be capable of adjusting to new work. When you are in this age bracket, the SSA does not view your age as a serious obstacle to learning new skills and adapting to different types of work. It is important to note that the SSA may believe some applicants between the ages of 45 and 49 have a harder time adapting than people below age 45.
  • Person closely approaching advanced age (50-54 years of age): These are people who may have moderate limitation of their ability to adapt to other types of work. They are likely to be approved for benefits if they are only able to perform sedentary work and do not have many skills that would easily transfer to a new job. Sedentary work involves lifting a maximum of 10 pounds at a time and being unable to stay on your feet for more than two hours during an eight-hour shift. Sedentary workers spend most of their workday in a seated position. There is little stooping down to pick things up. Sedentary workers generally need full use of their hands to perform the repetitive hand and finger movements their jobs require. Sedentary work is the lowest exertional level. This is followed by light work and medium work. Disability applicants in this age bracket could also be approved for benefits if they can do medium work. However, they cannot have more than a high school diploma or GED. They must show they have no work history or a history of unskilled work.
  • Person of advanced age (55 or older): The SSA considers people in this age bracket to have significant limitation in their ability to adapt to new work environments or job retraining. If they are limited to light work, do not possess education that allows them to directly enter skilled work, and they do not have skills that could transfer to light or sedentary work, they are likely to be approved for benefits.
  • Closely approaching retirement age (60 years old or older): If you are in this age bracket, it is highly unlikely the SSA will decide you have transferable skills. If you are severely impaired and limited to light work, the SSA will only say you have transferable skills if the new job were so much like your old job you would need to make no adjustments or very few adjustments. Light work is work that requires lifting as much as 20 pounds and being on your feet for six hours of an eight-hour shift. Light work involves a significant amount of walking or standing – about six hours of an eight-hour workday. This is the main difference between sedentary work and light work.

The other types of work besides sedentary and light work are:

  • Medium work – If you can do medium work, you can lift up to 50 pounds at a time and frequently carry objects that weigh as much as 25 pounds. If you can do medium work, you can also do light or sedentary work.
  • Heavy work – This category involves lifting up to 100 pounds and frequently lifting items that are as much as 50 pounds.
  • Very heavy work – This work involves lifting more than 100 pounds and often picking up and carrying objects that weigh as much as 50 pounds. Applicants who can do heavy or very heavy work are unlikely to be approved for benefits.

GRID Rules for Social Security Disability Applicants

If you are more than 50 years of age, the SSA will use GRID rules to determine if you may be eligible for disability benefits. One of the main questions is whether you would be able to do another job before you reach retirement age.

You can think of the GRID rules as a table. Once the SSA determines your residual functional capacity, they can find it on the GRID to determine if you are eligible for benefits.

For instance, say you are limited to sedentary work because of a medically determinable impairment. If you are of advanced age, have a high school diploma, do not possess the skills that would allow direct entry into skilled work, you are unskilled or have no skills, you should be declared disabled. If you have a high school diploma or more, have the skills that would allow for direct entry into skilled work, and you have no previous work experience or unskilled work experience, you are likely to be declared not disabled.

The SSA has a separate table or GRID for those who are limited to light work because of a severe, medically determinable impairment. There is also a GRID for those who are limited to medium work.

How Age Factors into Your Ability To Adapt to New Types of Work

As individuals age, the SSA acknowledges that their physical and cognitive skills may diminish. This limitation may make it a lot harder to learn new job skills or adapt to different employment settings. These are assumptions the SSA is likely to make with most claims filed by people who are 50 years of age or older, and possibly people older than 45.

The SSA is likely going to expect more from people who are under the age of 50. You may need more evidence to prove you will be unable to adapt to a new work environment or learn new skills. Many younger individuals who obtain disability benefits are limited to sedentary work and have few if any job skills.

Another factor to consider is if you are close to the next age bracket. Even though you are not there yet, the SSA may evaluate your application like you are in the next bracket based on your medical issues, work history or other factors.

However, these are generalizations. The SSA is going to evaluate your work history, skills, education and other factors to determine if you can do some kind of work. Some people in their 50s and 60s are mentally sharper than others and less prone to confusion, poor memory or trouble concentrating.

Contact Sigman Janssen To Discuss Your Social Security Disability Application

You are going to need detailed evidence to prove you meet the Social Security Administration’s eligibility criteria. Obtaining all the evidence you need can be a challenge, especially without help from an experienced lawyer.

At Sigman Janssen, we have a proven history of success with these claims, and we do not charge any upfront costs.

Contact our firm to discuss your medical issues and learn how we may be able to assist you. An initial legal consultation is free.

Sigman Janssen. Experienced lawyers. Proven results. Phone: (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

Recovering Compensation for Facial Injuries From a Wisconsin Car Crash

bashed in windshield after crashThere are many severe car crash injuries, but few have the lasting impact of a facial injury. These are not just physical injuries. They are also psychological injuries that can have a negative impact on many aspects of your life.

If you are suffering financial hardship and emotional trauma after a car crash facial injury, Sigman Janssen’s Oshkosh auto accident lawyers may be able to pursue a legal claim. We represent those injured in car crashes at no upfront cost.

Below, we delve into the common types of facial injuries that may occur in a crash, how these injuries happen, the long-term effects and seeking compensation.

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

What Types of Facial Injuries Often Occur in Car Crashes?

Your face is incredibly vulnerable to injury during a collision. These are some of the most common types of facial injuries that may occur in a crash:

  • Head Injuries: For example, you could suffer bruises, cuts, burns or scrapes on your face, neck, jaw or skull. Sharp objects or blunt force trauma could cause scars, disfigurement, a concussion or permanent damage to your brain.
  • Fractures: Cracks or breaks in your nose, cheekbones, jaw or bones surrounding your eye sockets could all happen in a collision.
  • Eye Injuries: Fractures, scratches, punctures or retinal detachment could result from a blow to your eyes. Sometimes you may suffer eye injuries without getting hit in the eyes. A head injury could damage nerves in your retina, causing double vision or even vision loss.
  • Dental Injuries: A blow to the jaw or your mouth could break or even knock out teeth, crowns or fillings.

How Car Crashes Cause Injury to the Face

Facial injuries in a car crash can be caused by many things:

  • Steering wheel
  • Dashboard
  • Seat belts
  • Airbags
  • Loose items
  • Another person

For instance, the force of the collision could cause an object to hit you hard enough to cause an injury. Sometimes debris flies into your face, such as loose objects inside or outside the car.

Airbag Deployment

Airbags deploy with such force that they can cause bruising, fracturing or even burns, especially from the chest up.

Seat Belt Injuries

The same tension designed to keep you from being ejected from a car in a crash can cause damage to your body.

Ejection

People usually only get ejected if they were not wearing a seatbelt during the collision. If this happens, you could get cut by the glass on your windshield or the ground.

Long-Term Effects of Facial Injuries

Whether mild or severe, facial injuries from a car crash can affect victims on a physical, financial or emotional level for months, even years. Some of the long-term effects of car crash injuries may include:

  • Disfigurement and scarring
  • Low self-esteem
  • Anxiety, depression or post-traumatic stress disorder (PTSD)
  • Functional impairments, such as difficulty with seeing, eating, speaking or breathing
  • Chronic pain
  • Financial hardship, from not being able to work in the same job as before or not being able to work as much as before

The long-lasting and potentially lifelong effects of a facial injury from a car crash can be devastating. They may require continuous support for physical, social or emotional needs for the rest of their lives.

Including Facial Injuries in a Claim for Compensation

If you were injured by another person’s negligence, such as the negligence of another driver, you have the right to claim compensation for damages. However, you have the burden of proof in an injury claim.

It is critical that victims take steps to document their injuries. This is something you can speak to an experienced lawyer about. He or she can explain what you can do to help support your claim.

  • Going to the Doctor: Your health and safety are the most important thing after a car crash. You should see a doctor and follow their orders, even if you think you have quickly recovered, or your facial injuries are minor.
  • Gathering Evidence at the Scene: Pictures of the crash scene, surroundings, damages and physical injuries can all be considered evidence, which would ultimately make your claim stronger. If possible, gather evidence at the scene.
  • Continuing Your Medical Care: Documenting the impact of your injuries goes hand in hand with consistent visits to your doctor and calculating damages. You should write down the dates of your doctor visits, how much work you have missed and how your injuries have impacted daily living. Keep receipts for out-of-pocket costs for treatment.
  • Call an Experienced Lawyer: Liable insurance companies often do as much as they can to get out of paying you what you deserve. This is why you should consult an experienced attorney with a history of results. We have many years of experience gathering the right documentation to help victims of car crashes get the compensation they need.

Were You Injured by a Negligent Driver? Contact Sigman Janssen

If you have been a victim of a car crash and suffered facial injuries, Sigman Janssen is here to help. We have decades of experience representing injured victims in Wisconsin. We have secured millions in compensation for our clients.

There is no cost to call us, and no upfront fees unless we secure a recovery from the insurance company or in the courtroom.

Call us today to discuss your crash. Free initial consultation. (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

Does the Insurance Company Have a Valid Reason for Denying My Wisconsin Car Accident Claim?

paper car insurance claim formCar insurance companies deny accident claims for many reasons. The question is: what is a valid reason for denying a claim? The insurance company could make a sound argument to support the decision, but how do you know you can trust what they say?

This blog discusses valid and invalid reasons for denying Wisconsin car accident claims and provides guidance on what steps to take if your claim has been denied.

If you are facing a claim denial, you need to understand your legal rights and options. You may still be able to secure compensation with the help of a Green Bay car accident lawyer. The attorneys at Sigman Janssen have decades of experience successfully helping crash victims recover compensation.

In a free, no-obligation consultation, we can discuss your options and explain how we may be able to help you. We charge no upfront fees.

Millions recovered. Call Sigman Janssen today: (877) 888-5201.

What Could Be a Valid Reason for Denying a Wisconsin Car Accident Claim?

Insurance companies are within their rights to deny a claim, provided they have legitimate reason for doing so. While each situation is different, these are some valid reasons for an insurance company to deny a crash victim’s claim:

  • You were more than 50 percent at fault: Wisconsin allows you to seek compensation if you were partially at fault for an accident. However, you cannot recover any compensation if you are more than 50 percent at fault. In other words, you cannot bear more fault than the other party involved in the collision. An example of when you may be more than 50% at fault is if you violated a rule of the road, like speeding.
  • Failure to report the claim in a timely manner: The insurance company may say you did not file a claim in a timely manner, in violation of their regulations. They might also say they denied your claim because you failed to call the police, which also violates their policies. In Wisconsin, drivers are required to report crashes to the police when they result in injuries, death or more than $1,000 worth of property damage.
  • Lack of medical documentation: Injury victims can recover compensation if they prove they got hurt in the crash. Victims must also provide proof about the extent of their injuries and the cost of treatment. If your medical records do not support the injuries claimed, the insurance company may deny your claim. For example, if you claim you need surgery and rehabilitative therapy for a spinal cord injury, you need medical records and test results to support your argument. Even though there may be some causation dispute, you may still be entitled to compensation.
  • Uncovered drivers or vehicles: If the driver or vehicle involved in the accident is not covered under the policy, the claim will likely be denied. ​​Insurance companies are not responsible if they don’t insure the vehicle or driver.
  • Fraud: Like other businesses, insurance companies have a right to protect themselves from fraud. For example, they might claim someone staged an accident or exaggerated the value of their damages.
  • The policy lapsed: This would only apply if you were filing a claim against your own policy, such as a claim for uninsured motorist coverage. The insurance company may say the policy lapsed because you missed a payment. They may also claim you misrepresented facts when you purchased the policy.

If the insurance company denied your claim for one of the reasons listed above, our lawyers may be able to help you appeal. We have obtained millions on behalf of our clients.

Bad Reasons to Assign Fault to Crash Victims

While the reasons discussed above may be valid, they could also be based on flimsy evidence or no evidence at all. For instance, they may assert you are partially or fully to blame for the accident, even though the other driver did something that was particularly reckless, like running a red light or traveling at an excessive speed.

Insurers have been known to make unfounded assumptions about the crash victim’s behavior, like distracted driving or following too closely.

The term “reasonable time” is often up for interpretation, so you should seek more information if the insurance company asserts this as a reason for denying your claim.

You should also be suspicious if they tell you that your injuries are not as bad as you claim they are. They may even say this after your lawyer provides detailed medical records and copies of bills that support the value of your damages.

Insurance companies sometimes deny claims because the victim was not wearing his or her seat belt. However, you can still seek compensation if you were injured while not wearing your seat belt. Insurance companies or juries could reduce the value of your claim based on you not buckling up.

What Should Victims Do if Their Claims Were Denied?

If your insurance claim has been denied, consider the following steps to challenge the decision:

  • Review the denial letter to better understand the specific reasons provided by the insurance company for denying your claim. Pay attention to the statute of limitations so that you do not wait too long to pursue a denied claim.
  • Gather documentation – Collect all relevant documents, such as police reports, medical records and witness statements that support your version of events. This is something an attorney can help you with.
  • Consult with an attorney: An experienced lawyer who has successfully appealed denied claims can offer you advice, help gather additional evidence you need, and represent you in negotiations with the insurance company or in court if needed.
  • File an appeal: Most insurance policies provide a process you can follow, with the assistance and guidance of your lawyer. This process may include filing additional evidence that the insurance company had not previously reviewed.

Was Your Car Accident Claim Denied? Sigman Janssen May Be Able to Help

Dealing with a denied insurance claim can be frustrating and disheartening. However, you should not give up, especially if you believe another party was at fault for your accident and you suffered injuries or damages.

If your claim was denied, contact us today for a free consultation to learn more about your legal options. If we represent you, there are no upfront fees. We will only recover compensation if we win your case and recover compensation for you.

Call for a Free Case Review today: (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

Can I Get Social Security Disability Benefits for Asthma?

man with inhalerIf you or a loved one suffer from asthma that limits your ability to work, you may be able to obtain Social Security Disability benefits.

Below, we review the medical eligibility criteria for asthma, including the types of asthma that often qualify for Social Security Disability benefits. We explain how you might qualify, even if your condition does not fit the defined medical criteria. Finally, we discuss the timing of your application, such as whether you should apply if you were recently diagnosed.

Determining if you may be eligible and gathering the evidence you need is a tall task to manage on your own. Sigman Janssen’s Oshkosh Social Security Disability lawyers have helped many people with disabilities obtain federal benefits.

Contact us today to find out if we may be able to assist you with your application or appeal. There are no upfront costs, and the initial legal consultation is free.

Sigman Janssen. Proven Results. No Upfront Costs. (877) 888-5201

What Are the Medical Eligibility Criteria for Applicants With Asthma?

Asthma is a chronic breathing problem that results from inflammation and narrowing of the airways. It causes symptoms like wheezing, tightness in the chest and shortness of breath. Symptoms can be triggered by physical exertion, pollen, dust and even cold air.

These symptoms make it harder to work or engage in many other activities. To complicate things, asthmatics often experience frequent asthma attacks that lead to hospitalization, persistent fatigue and inability to handle mild physical activity.

While millions of people suffer from asthma, many may not medically qualify for Social Security Disability benefits. Applicants must meet both of the following criteria:

Forced Expiratory Volume at or Below Specified Level

You must provide medical evidence showing your forced expiratory volume (FEV). The first second of expelling air must be at or below a certain level based on your age, gender and height.

The asthma listing contains a table with the FEV figures for different genders and heights. For instance, if you are less than 60.25 inches tall, are over the age of 20 and are male, your FEV must be measured at 1.60 or less. Doctors must record this FEV within 12 months of when you were hospitalized for your asthma.

Three Hospitalizations Within 12 Months

You must also provide proof of at least three hospitalizations within one year, and these hospital stays must occur a minimum of 30 days apart from each other.

Each hospital stay must be for a minimum of 48 hours, including any time you spent in the emergency room immediately before being hospitalized.

Given these criteria, people with asthma should consider applying if they:

  • Have been frequently hospitalized because of their asthma
  • Regularly use oxygen
  • Work in an environment that triggers their asthma
  • Experience frequent fatigue that makes it difficult to work
  • Are suffering from chronic obstructive asthma, which often overlaps with chronic bronchitis
  • Require continual use of high-dose corticosteroids to manage their asthma
  • Have another medical issue that limits their ability to work full-time, such as diabetes or high blood pressure
  • Are suffering complications like chronic respiratory failure or pneumothorax
  • Cannot work or frequently miss work because of their medical issues
  • Doctors have said your condition is expected to last a minimum of one year

Even if your condition does not meet the specific criteria in the Social Security Administration Blue Book, you may still medically qualify. For example, an Administrative Law Judge may approve your application if you are hospitalized frequently enough, such as if you miss at least one day per month on an ongoing basis.

However, you need to present compelling evidence (spirometry tests showing reduced airflow, description of the frequency and intensity of asthma attacks, etc.), which is something the attorneys at Sigman Janssen know how to gather. We have managed many appeals, helping applicants obtain the benefits they needed.

If you are suffering from severe asthma that limits your activities, you may qualify, and we may be able to help you apply or appeal a denied claim.

What if I Do Not Medically Qualify for SSD Benefits?

You need to prove your asthma prevents you from working. The SSA can conduct a residual functional capacity assessment to determine what job-related tasks you are able to perform.

Once they determine what tasks you can and cannot do, like heavy lifting, working in extreme cold, or working around dust, they will determine if there is any work you can do. For instance, if they find you cannot go back to your old job, they will evaluate your job skills, education and other factors. They will need to determine if you could work in another industry, such as if you have transferable job skills.

While each case is unique, people who are over 50 generally have an easier time qualifying for benefits because they cannot work in another industry.

When Should I Apply?

If you were recently diagnosed, you may feel like you should apply right away. However, the SSA is less likely to approve your application if you are still working or your doctor thinks you may be able to control your condition with medication. You should probably wait to see if the medication works before applying.

That said, if medication cannot control your condition and you have had multiple hospitalizations, you should consider applying for disability benefits as soon as possible. This is especially true if you are over the age of 50 and are unable to do the type of work you have done in the past.

If you start taking medication and it is working, and you are earning more than the substantial gainful activity limit, it is highly unlikely you will be able to obtain disability benefits.

Contact Sigman Janssen for Assistance With Your Social Security Disability Claim

At Sigman Janssen, we understand the challenges faced by those with severe medical conditions, like asthma. We know how important it is to obtain financial assistance, like federal disability benefits, when you cannot work because of a medical issue.

If you think you may be eligible for benefits, or have already applied and been denied, our experienced lawyers may be able to help you. Call today to learn more. There are no upfront fees.

Contact Sigman Janssen for legal assistance: (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

Is It Normal to Feel Excessively Tired or Fatigued After a Wisconsin Auto Accident?

tired man on couchA car crash can be a scary and overwhelming experience, which is why many victims are not surprised to feel fatigued or extra sleepy. Typically, fatigue lasts a day or two and goes away.

The trouble is that some victims continue to feel unusually tired or sleepy for several days or longer. This is not something to ignore, as it may indicate a severe underlying injury, like a traumatic brain injury.

This blog post explores the reasons why auto accidents may cause excessive fatigue, explaining the possible connection to a traumatic brain injury.

If you are feeling unusually tired or fatigued after a crash, you should seek medical care right away. You should also consider meeting with an experienced Appleton car accident lawyer from Sigman Janssen to discuss legal options. We do not charge upfront costs or fees and the initial legal consultation is free.

Contact Sigman Janssen today to learn more: (877) 888-5201.

Can Crash Victims Include Fatigue in a Claim for Compensation?

You can seek compensation for damages caused by the injuries you suffered in the crash. For example, you can seek compensation for the cost of treating a traumatic brain injury that has caused fatigue or excessive sleepiness.

You may also be able to seek compensation for non-economic damages, like pain and suffering and lost quality of life. Fatigue often contributes to a lower quality of life, as victims may be unable to work or engage in things they once enjoyed, such as activities with their families.

The challenge with recovering compensation for non-economic damages is that their value is subjective. You are going to need the help of an experienced lawyer to determine what your non-economic damages may be worth.

Sigman Janssen helps crash victims seek full compensation for the damages they have suffered and there is no upfront cost or legal obligation.

Why Car Crashes Victims Get Fatigued

There are several factors that may contribute to excessive fatigue after a collision:

  • Physical injuries: Car crashes, no matter how minor, can cause significant physical distress. Pain and soreness from your injuries can drain your energy. The healing process itself can cause fatigue, as the body redirects energy to repair damage to the body. Your injuries could make it more difficult to perform everyday tasks, causing additional physical exertion, which is tiring.
  • Emotional stress: The psychological impact of an accident can be just as significant as the physical impact. Stress and anxiety about the crash and its aftermath can be psychologically draining. There is a lot of confusion after a crash, as victims are wondering about their next steps. This uncertainty can be incredibly stressful, especially when victims have questions about how to pay their medical bills and how they are going to deal with the financial impact of missing work because of their injuries.
  • Rush of adrenaline: High-stress situations, like car accidents, trigger a release of adrenaline. This is a hormone that helps our bodies get through emergency situations. Once you get through the event, your adrenaline levels normalize, and you may experience a drop in energy. As adrenaline levels normalize, you might experience a significant drop in energy.

Could Fatigue be a Sign of a Traumatic Brain Injury?

There are multiple reasons why you may feel unusually fatigued after a car crash. However, you need to be aware that sometimes fatigue is a symptom of a severe injury, like a concussion or another traumatic brain injury. You might dismiss this as a possibility because you did not hit your head during the collision. However, you can injure your brain without getting hit in the head.

You are not going to be able to diagnose a brain injury without a doctor’s help. However, you should seek medical care if you are excessively tired for more than a couple days. If fatigue continues after that point, you need to go to the doctor immediately.

Signs of a Brain Injury After a Crash

It is especially important to seek medical care if you experience these other symptoms, in addition to your fatigue:

  • Confusion and disorientation
  • Slurred speech
  • Nausea or vomiting
  • Severe headaches, especially migraines
  • Loss of consciousness
  • Seizures
  • Difficulty concentrating
  • Memory problems
  • Mood swings
  • Sensitivity to light or sound
  • Dizziness or trouble with balance

Early diagnosis and treatment of a traumatic brain injury is critical to prevent it from getting worse.

Should I Wait to go to Sleep After an Auto Accident?

Many crash victims are concerned about whether it is safe to sleep. Generally, the answer is yes. You need sleep to help your body and mind recover from physical injuries and psychological stress.

However, if you got hit in the head during the crash or are experiencing other signs of a traumatic brain injury, you need to go to the hospital right away. Doctors can give you guidance about whether it is OK to sleep. They can explain if sleeping may aggravate your underlying injuries.

Changes in Sleep Patterns Following a Crash

Some crash victims experience changes in their sleeping patterns. For example, you may experience:

  • Difficulty falling asleep or staying asleep, also called insomnia
  • Sleeping more often than usual and feeling excessively tired during the day, also known as hypersomnia
  • Nightmares or flashbacks that wake you up in the middle of the night
  • Narcolepsy, which occurs when you suddenly fall asleep without warning

It is important to note that these changes may be part of the body’s response to trauma and often resolve themselves over time. However, sometimes these become chronic problems, dramatically reducing quality of life.

What to do About Excessive Fatigue or Sleepiness Following a Collision

If crash victims feel excessively tired or sleepy after a collision, you should take the following steps to protect your health and legal rights:

Go to the Hospital for Medical Attention

Fatigue can be a symptom of various issues, including physical injuries, emotional stress, or even a traumatic brain injury. Doctors can identify why you are feeling fatigued and rule out serious medical issues.

Get Plenty of Rest

You need rest to help your body and mind recover from the physical injuries and emotional stress of the accident. Make sure you discuss sleep with a health care professional to determine if it is safe for you to go to sleep.

Monitor Your Symptoms

Watch for any additional symptoms that may develop, such as headaches, dizziness, memory issues, or changes in mood. Report these symptoms to the doctor right away.

Consult an Experienced Lawyer

If you were injured in a crash caused by another driver’s negligence, you should strongly consider talking to an experienced attorney. He or she can help you understand your rights, including whether you can seek compensation for your medical costs and other damages.

Injured in a Wisconsin Crash? Contact Sigman Janssen for Legal Help

If you or a loved one is experiencing fatigue or other unusual symptoms after an auto accident in the Fox Cities, you need immediate medical care. If you think the accident was someone else’s fault, you may be eligible to seek significant compensation from the liable party’s insurance.

Contact Sigman Janssen today to discuss your case and learn how we can assist you in this challenging time. We have a proven track record and there are no upfront costs with our services. We only get paid if you get paid.

Call Sigman Janssen today to learn how we may be able to assist you: (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

Why Timid, Overly Cautious Drivers Are Dangerous and Put Others at Risk

woman looking scared behind the wheelEvery driver has a legal duty to exercise an appropriate amount of caution on the road. However, some drivers take things too far. The irony is that being too cautious puts you at higher risk of a crash, much like reckless or impaired driving.

In this blog, Sigman Janssen explains what it means to be an overly cautious driver and how it increases the risk of an accident. We also discuss why some drivers are more nervous or timid behind the wheel, and how other drivers can protect themselves.

If you were injured by an overly timid or cautious driver in Appleton or another one of the Fox Cities, we may be able to help you pursue compensation for your damages. Our auto accident lawyers in Appleton have secured millions for crash victims.

Free legal consultation. Zero upfront costs or fees. Call to learn more: (877) 888-5201.

What Is the Definition of Overly Cautious Driving?

You have probably encountered a few overly cautious drivers over the years. These are not people who are just being careful. They often travel well below the speed limit and are incredibly hesitant to make many types of traffic maneuvers, such as turns.

Overly cautious drivers may avoid making right turns on red lights, even though they are allowed to do so. They may brake unexpectedly or well before they need to. They may also be reluctant to merge into another lane, which can cause traffic to back up.

Timid driving behavior is especially dangerous in certain situations, such as on highways or interstates that have higher speed limits. Other drivers are not expecting people to be traveling so slowly. This makes it more difficult for trailing drivers to switch lanes.

Roundabouts can be particularly overwhelming for timid drivers. They may be unsure of where they are going. They may even stop inside a roundabout to try to figure it out, an illegal and incredibly dangerous move.

Another common habit of timid drivers is yielding to others when they have the right of way. You may think this is simply a polite gesture, but it can be confusing. Obeying right-of-way laws is a better strategy, as these laws were designed to protect everyone and lower the risk of a collision.

What Do Many Timid Drivers Have in Common?

Timid drivers often share common traits that cause them to be too careful, including:

  • Limited driving experience – Teenagers who do not have much experience behind the wheel may act with excessive caution. Their lack of experience causes a lack of confidence, so they try to be more careful. They may also be driving their parents’ car and taking extra care to avoid a wreck.
  • Previous negative experiences on the road – Individuals who have been involved in collisions or other traumatic incidents in the past may be especially eager to avoid past mistakes or high-risk situations.
  • Anxiety about traffic conditions or specific driving scenarios – Some people are predisposed to anxiety, especially when they get behind the wheel at night. Taking extreme caution helps them to cope with their fear.
  • Advanced age – Some drivers become more cautious because they have slower reaction times, or they are concerned about their ability to respond quickly to road hazards.

What Conditions May Cause Drivers To Use Excess Caution?

Sometimes drivers are not overly cautious all the time, just when they are presented with certain situations, including:

  • Adverse weather conditions, such as ice or heavy rain
  • Unfamiliarity with the area or road layout
  • Presence of large vehicles or aggressive drivers
  • Recent changes in traffic laws or road configurations

These conditions could trigger drivers, making them slow down or be extra careful because they fear a collision. This could be because they were involved in a crash the last time they encountered bad weather or were in an unfamiliar area.

Liability for an Overly Cautious Driving Collision

In their quest to avoid a collision, overly cautious drivers can cause a collision and may be held liable for damages. For example, they could cause a rear-end crash by unexpectedly slowing down or stopping, such as in a roundabout.

Merging too slowly is incredibly dangerous and it could lead to liability for a crash. While other drivers are expected to adjust to the traffic around them, this might not be possible if someone is driving far below the speed limit.

Sometimes elderly drivers get easily confused about where they are supposed to turn and end up going the wrong way. They may try to correct their mistake, but they continue going too slowly. This can lead to a dangerous collision with oncoming traffic that has the right of way. In this kind of situation, the elderly driver is probably at least partially to blame, if not fully to blame.

If you were injured in a crash caused by an overly timid driver, you may be able to seek compensation from their liability insurance. These are very fact-sensitive situations and potential claims are dependent on a clear and full understanding of all of the facts that caused the collision.

Protecting Yourself From Timid or Overly Cautious Drivers

While it is impossible to control the actions of other drivers, there are measures you can take to mitigate the danger created by overly cautious drivers:

  • Maintain a safe following distance: This gives you plenty of time to slow down, stop or change lanes if the driver in front of you brakes suddenly.
  • Stay alert: Pay attention to the driving patterns of those around you. This way you can better anticipate what they might do. This gives you more time to respond and helps limit surprises.
  • Use defensive driving techniques: Be prepared to adjust your driving in different situations. This does not mean you need to be aggressive. You just need to be aware and be proactive.

Call Sigman Janssen Today To Discuss Legal Options After a Collision

If you or a loved one has been injured in a crash involving an overly cautious driver, Sigman Janssen are here to help you navigate the complexities of a personal injury claim. Our team offers personalized guidance through every step of the legal process, and there are no upfront costs with our services.

Experienced. Local. Lawyers. Contact us for legal assistance: (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

Understanding the 5 Elements of Negligence in a Wisconsin Personal Injury Claim

personal injury law book with gavelEvery day, accidents occur and people suffer injuries. While some situations are only accidents, others are caused by negligence and could have been avoided.

Understanding and proving negligence is key to a successful personal injury claim. Below, review the definition of this legal concept and the five elements that make up a negligence case. We also discuss how to prove another party caused someone to be injured.

At Sigman Janssen, we have decades of experience navigating these complex cases and securing compensation for our clients. There are no upfront fees for our services and the initial legal consultation is free. Our Oshkosh personal injury lawyers are here to help you during this challenging time.

Have questions about pursuing an injury case? Call Sigman Janssen: (877) 888-5201.

What Does Negligence Mean?

Negligence is a fundamental concept in personal injury law. Negligence is more than carelessness. It refers to the failure to act with reasonable care, resulting in harm to another person.

Most personal injury claims are based on the theory of negligence. Victims whose lawyers can provide evidence of negligence may be able to recover compensation for the effects of their injuries. This may include medical expenses, lost wages and various other damages.

There are many nuances involved in proving negligence, especially when it comes to linking an injury to a failure to act with reasonable care. Sigman Janssen has many years of experience gathering evidence and building robust arguments about how and when negligence occurred.

Five Elements of Negligence in Personal Injury Claims

Negligence has five elements, and your lawyer must prove all of them to win a lawsuit or secure a favorable settlement of an insurance claim. Each element plays a crucial role in building a strong case.

  1. Duty of care: Every individual has a legal responsibility, or duty of care, to avoid causing harm to others. This duty varies based on the relationship and situation. For instance, a driver is obligated to follow traffic laws to prevent accidents.
  2. Breach of duty of care: This occurs when someone fails to meet their duty of care. Common examples include a driver running a red light or disregarding other traffic laws. There are many ways a duty of care can be breached. Often there is a breach because of someone’s actions. However, sometimes people breach a duty of care by failing to act, such as a property owner failing to clean up a wet spot on the floor.
  3. Causation: It is not enough to prove a duty and its breach. You must also show that this breach caused your injury. For example, a red-light violation that leads directly to an accident. You must also show the breached duty of care is the direct cause of your injury. Cases can become much more complicated if factors other than the breached duty of care contributed to your injury.
  4. Foreseeability of harm: This means the harm you suffered was a foreseeable result of the breach. In our example, it is foreseeable that running a red light could cause a collision. If the possibility of harm is not something the other party could have expected, there might not be a valid case. This element is often easier to prove than others.
  5. Existence of damages: Finally, there must be actual damages resulting from the negligence, like physical injuries or emotional trauma. If another party breached a duty of care but there were no injuries or damages, there is no case. The goal of a personal injury case is to secure compensation for damages that were caused by another’s actions. Your lawyer must present evidence of damages, such as medical bills and documentation of missed days from work.

How Do You Prove Each of These Elements of Negligence?

Proving negligence requires substantial evidence. For example, in a car accident case, lawyers can often establish a driver’s duty of care by citing traffic laws. A traffic citation can help prove the driver broke the law. This evidence can be supplemented with things like:

  • Witness statements
  • Video surveillance footage
  • Pictures of the damaged vehicles may further indicate how and why the crash occurred
  • Testimony from accident reconstruction experts
  • And more

Your medical records and testimony from medical experts can also help prove causation. which means your injuries were a direct result of a breached duty of care. Sometimes lawyers have the victim’s doctor provide testimony about how the injuries occurred and their severity. It is critical that you do not disclose your medical records to the insurance company without assistance from an experienced lawyer.

Sigman Janssen employs a meticulous approach in gathering this evidence. Our experience in handling personal injury cases in Wisconsin equips us with the knowledge to identify and compile compelling evidence. We work closely with medical experts to establish a clear link between the negligent act and the injuries sustained.

Injured By Another’s Negligence? Call Sigman Janssen To Discuss the Accident

If you are facing a personal injury due to someone else’s negligence, Sigman Janssen offers personalized legal advice and support. With our experience and no upfront cost policy, we are committed to helping you through this unexpected crisis.

We manage every step of your insurance claim and/or lawsuit, communicating with the involved parties, gathering evidence and keeping you informed at every stage.

Find out if you may have a case. Phone: (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 Your Job Skill Level May Affect Your Eligibility For Social Security Disability

skills required documentMany factors are considered when determining your eligibility for Social Security Disability benefits. However, you could divide things into two main categories: your medical issues and your employment history.

One of the most important considerations for your employment history is the skills you have acquired. Do the skills you have still allow you to do some type of work? While you might not be able to go back to your old job, your skills may allow you to work in another industry. If your skills still allow you to work, and your medical issues do not prevent you from using those skills, claims examiners are unlikely to award benefits.

Below, Sigman Janssen’s experienced Green Bay Social Security Disability lawyers discuss how the Social Security Administration (SSA) evaluates an applicant’s job skills and whether those skills are transferrable.

If you need help applying for benefits or have already been denied, contact us to schedule a free consultation. We have decades of experience helping people obtain benefits.

Call today to learn more: (877) 888-5201

How Does the Social Security Administration Define a Job Skill?

Social Security regulations say workers have a skill when they know how to do something that requires them to use their judgment. A skill goes beyond simply carrying out duties assigned by a supervisor. Skills are acquired by doing a job that is above the unskilled level. When you possess a skill, you have practical, familiar knowledge of an art, science or trade and can properly apply that knowledge.

Skills give workers a unique advantage over unskilled workers in finding and sustaining employment.

These are some common examples of skills, based on the Social Security definition:

  • Using complex machinery or tools
  • Training other workers
  • Supervising other workers
  • Typing on a computer
  • Using tools to make precise measurements
  • Reading blueprints
  • Filing documents
  • Doing an inventory

Our experienced attorneys can review your situation in a free consultation to determine if you possess job skills that would prevent you from obtaining benefits.

How Does Social Security Classify Job Skill Level?

When claims examiners review your employment history, they will put each of your jobs into one of three categories: unskilled, semi-skilled and skilled:

Unskilled Work

These are jobs that often do not require you to use your judgment. Many of these jobs involve manual labor. People can learn how to do these jobs in a relatively short amount of time. Generally, unskilled jobs do not provide workers with skills that can be transferred to another industry. Some examples of unskilled work include taking orders in a fast-food restaurant or doing clerical work in an office.

Semi-skilled Work

While these jobs require workers to pay more attention to detail, you do not need an extensive amount of training or education. That said, these jobs sometimes need you to have coordination and dexterity to complete tasks.

People can learn how to do most semi-skilled work within three to six months. For example, you can learn to be a retail sales associate or nursing assistant in a matter of a few months.

While these types of jobs require some amount of attention to detail and taking steps to protect against hazardous conditions, there are also repetitive tasks with these jobs.

Skilled Work

One of the central aspects of skilled work is exercising judgment in helping an employer provide a service or create a product. Skilled work often requires you to employ abstract and critical thinking skills to make decisions or evaluate facts and figures. Many skilled jobs require you to have certain degrees, certifications or licenses – it typically takes six months to a year or more to learn how to do skilled work. Common examples of skilled workers include engineers or teachers.

Why Skilled Workers May Have More Trouble Obtaining Benefits

Skilled workers often have a much harder time obtaining disability benefits compared to unskilled workers. This is because skilled workers are much more likely to have at least a few skills they could use to do another job. Even if you have a physical disability, you may still be able to sit at a desk and use a computer to do a variety of tasks.

However, every case is unique. Even if you have used a variety of skills throughout your career, your disability may prevent you from using those skills in the future. For example, you may have a cognitive issue that affects your ability to engage in critical thinking. You may have a physical disability that prevents you from operating machines or tools that would allow you to do some other type of job.

If you have a medical issue that prevents you from working, call Sigman Janssen to find out how we may be able to assist you in obtaining benefits. Whether you have just started an application or are looking to appeal a denial, we may be able to help, and there are no upfront costs.

How Do Claims Examiners Determine How Long it Takes To Learn a Job?

Claims examiners assign a specific vocational preparation (SVP) rating. The Department of Labor establishes these ratings. The higher the number, the more training a job requires.

These are the nine SVP levels:

  • SVP 1 – Employees only need a short demonstration
  • SVP 2 – You need anywhere from a couple of weeks to one month of training
  • SVP 3 – Some of these jobs need employees to receive three months of training
  • SVP 4 – These are jobs that need three to six months of training
  • SVP 5 –­ These jobs require between six months and one year of training
  • SVP 6 – At this level, jobs require workers to receive between one and two years of training
  • SVP 7 – This job requires between two and four years of training
  • SVP 8 – People seeking work at this level require between four and 10 years of training
  • SVP 9 – Jobs at this level require 10 years or more of training

Levels one and two are unskilled, levels three and four are semi-skilled and levels five to 10 are skilled positions.

How Does Social Security Evaluate Transferability of Skills?

A transferable skill is one that you used in a prior skilled or semi-skilled job that can be applied to a future job. Unskilled work does not provide transferrable skills.

When an unskilled worker files a Social Security Disability application, examiners do not need to consider the transferability of skills. When a semi-skilled or skilled worker applies to a job, the worker likely has some transferable skills.

The exception would be if the applicant’s disability prevents him or her from continuing to use those skills. For example, cognitive decline may prevent an older worker from operating heavy machinery or evaluating facts and figures.

Jobs That Often Have Transferable Skills

These are some jobs that typically have transferrable skills:

  • Automotive mechanic
  • Carpenter
  • Law enforcement worker
  • Operator or heavy equipment
  • Electrician
  • Maintenance technician
  • Plumber
  • And more

When a claims examiner or administrative law judge finds you have transferrable skills, these findings typically need to be based on testimony from a vocational expert. Applicants need an experienced attorney who knows how to cross-examine the expert. Sometimes these experts list coordination or attention to detail as skills, even though they are not.

There are also situations when skills simply are not transferrable, such as skills used in fishing or logging. An experienced attorney will know how to point this out to support your application for benefits.

Contact Sigman Janssen To Discuss Your Disability Application

Navigating the complex process of applying for disability benefits can be challenging, but you do not have to do it alone. Sigman Janssen’s attorneys bring decades of experience and a proven track record in helping applicants secure the benefits they need. Our deep understanding of the Social Security Administration’s procedures and requirements positions us to effectively guide you through each step.

We invite you to take advantage of our free initial legal consultation. During this session, our knowledgeable lawyers will discuss your situation and how we can assist you. Remember, at Sigman Janssen, there are no upfront costs for our services – we only charge fees if we are successful in obtaining disability benefits for you.

Contact us to learn more about how we can help: (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

What if the Driver Who Caused a Wisconsin Car Crash Was in a Rental Car?

yellow car rental sign

When we get into the holiday season, you may be more likely to be sharing the road with drivers in rental cars. They may be from out of state or even somewhere else in Wisconsin.

Most rental car drivers will get to and from their destination without any problems. However, some drivers may be unsure of where they are going, which could increase their risk of causing a crash.

Would you know how to seek compensation if you were injured in a crash with a rental car? Can the rental car company be held liable?

Below, Sigman Janssen’s experienced Oshkosh auto accident lawyers explain your legal options after a rental car crash. Our firm has obtained millions for crash victims at no upfront cost.

Call us today to learn more: (877) 888-5201.

Common Types of Crashes Caused by Rental Car Drivers

Rental car drivers may cause various types of crashes. For example, they may be unsure of where they are going, which could lead to sudden stops. This could result in a rear-end crash, in which another driver crashes into the back of the rental car.

Rental car drivers may also become distracted. They are likely traveling in an unfamiliar area so their eyes may often drift away from the road to check their GPS to figure out where they are going. This could lead to rear-end crashes and collisions caused by running through red lights or stop signs.

Some people drive the same way no matter where they are or how familiar they are with the area. For example, they may increase the risk of a crash by speeding or making unsafe lane changes.

Is the Rental Car Company Liable For Your Damages?

There may be rare circumstances when the rental car company can be held financially liable for car accident damages. However, a federal law called the Graves Amendment shields rental car companies from liability for most rental car crashes.

The only exception would be for accidents involving rental cars that were deemed unreasonably dangerous because of the company’s negligence in maintaining them. For example, rental car companies may be liable if a rental car crashed because of poorly maintained brakes. Even in a situation like this, however, victims would have the burden of proof. In other words, they would need to prove the crash was caused by malfunctioning brakes and that the company knew or should have known about it.

Other examples of maintenance issues that could make a rental car company liable for an accident include:

  • Excessively worn tires
  • Steering problems
  • Broken headlights, taillights or turn signals
  • Windshield wipers that do not work properly
  • Recall repairs that have not been addressed

Rental Car Insurance

Even if you cannot seek compensation from the rental car company, your lawyer may be able to obtain compensation from the vehicle’s insurance policy. For example, victims may be able to seek compensation from the rental car’s liability insurance.

Wisconsin requires rental car companies to provide the same minimum amount of coverage that drivers are required to purchase:

  • $25,000 for bodily injury liability
  • $50,000 per accident for bodily injury liability
  • $10,000 in property damage liability

However, most rental car crash claims involve the at-fault driver’s personal insurance policy. If this policy cannot cover all your damages, your lawyer may seek compensation from the rental car coverage.

Can You Seek Compensation From the At-Fault Driver’s Personal Insurance Policy?

While car insurance usually follows the car in Wisconsin, a rental car driver’s personal insurance policy should extend to the rental car. That means filing a claim after a rental car crash should follow a similar set of steps as a claim that involved someone’s personal vehicle. The only difference is that the at-fault driver was in a rental car.

While some Wisconsin drivers only purchase the minimum required coverage, many purchase more than they are required to. This may increase the odds that their policy will have enough coverage to pay for the full cost of your damages.

What if the Driver Is From Out of State?

The same logic should apply whether a driver is from Wisconsin or another state. If the driver only has the minimum required coverage in his or her state and it is less than what is required in Wisconsin, your coverage should increase to cover the difference. Take, for example, a driver from Iowa who only has $20,000 in liability coverage and $40,000 per accident. In that situation, his or her coverage would increase to Wisconsin’s minimum liability coverage of $25,000 and $50,000, respectively.

However, every car accident case is different. Victims should strongly consider talking to an experienced lawyer who will be committed to securing favorable compensation for you. The attorneys at Sigman Janssen know how to evaluate car crashes to determine liability and any insurance coverage that may apply.

We are also prepared to take cases to court when necessary. It is critical to hire an attorney with courtroom experience, as these attorneys often recover more compensation than those who always settle. At Sigman Janssen, we want you to have all the compensation you need to put your life back together after an unexpected accident.

Call Sigman Janssen To Schedule a Free Legal Consultation

Sigman Janssen has decades of experience assisting those injured in motor vehicle crashes in Wisconsin. Our attorneys are committed to securing full compensation for all your medical costs and other damages.

We work on contingency, which means the initial consultation is free, and there are no upfront costs or fees to you. Our lawyers do not get paid unless we secure compensation through a settlement or in the courtroom.

Sigman Janssen. Local Lawyers. Proven Results. Call us 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

What You Need To Know About Wisconsin Car Accidents Caused by Out-of-State Drivers

welcome to illinois sign

The aftermath of a car accident is often a confusing time. Crash victims have many questions about what to do next.

The situation can be especially confusing when you find out the driver is from another state. A bunch of questions may pop up in your mind:

  • Does the other driver’s insurance apply?
  • Is the crash governed by Wisconsin laws or the laws of the at-fault driver’s state?
  • What if the driver was in a rental car?

Sigman Janssen discusses these and other issues with Wisconsin car crashes caused by out-of-state drivers below. If you are considering your legal options after this or any other type of motor vehicle crash, call us to schedule a free consultation. Our auto accident lawyer in Green Bay have secured millions for crash victims and our services come with no upfront costs.

Contact Sigman Janssen today: (877) 888-5201.

What Are Some of the Challenges of Car Crash Cases Involving Out-of-State Drivers?

There are a variety of issues that can spring up when the at-fault driver is from another state:

  • It may be more difficult to serve the out-of-state driver with legal documents (legal complaints, discovery requests or subpoenas).
  • The at-fault driver may be uninsured or not have enough insurance to cover all your damages.
  • It could be a challenge to locate the liable driver once he or she goes back to his or her home state.

Each case is unique, and other complicating factors could spring up as well, such as determining where a lawsuit can be filed. These are all reasons why victims should seek help from an experienced attorney who will be prepared for the different issues that could arise.

Considering that it may be difficult to locate the driver once he or she leaves the scene, victims should call the police to formally report the accident. Another good idea is to exchange contact and insurance information with the driver. We also recommend calling an experienced lawyer right away to avoid making mistakes that could hurt your case.

Can You Still Seek Compensation From an Out-of-State Driver’s Car Insurance?

Generally, car insurance policies cover drivers throughout the country. If someone comes from another state and causes an accident, victims should be able to seek compensation from that driver’s insurance.

Many drivers purchase more than the minimum required coverage. However, there is an off chance that the at-fault driver has minimum coverage, perhaps even less than the minimum coverage required in Wisconsin. In this situation, the driver’s coverage will be increased to the minimum limits required in this state.

If the driver comes from a no-fault state, like Michigan, you may be concerned about whether the driver carries liability coverage. However, as the accident happened in Wisconsin, it will be handled like any other accident in Wisconsin. The at-fault driver is financially liable for damages from the collision.

Rental Car Insurance Claims

Sometimes accidents with out-of-state drivers involve rental cars. In these situations, crash victims may be able to seek compensation from the insurance policy on the rental car. However, this is usually a secondary option, as your lawyer will most likely be seeking compensation from the at-fault driver’s personal insurance coverage.

There may be various sources of compensation for your injuries and damages, which is why it is best to seek help from an experienced lawyer. The attorneys at Sigman Janssen have helped many Wisconsin crash victims secure compensation. We have detailed knowledge of Wisconsin car insurance laws and the process for seeking compensation for those injured in motor vehicle collisions.

What if the Out-of-State Driver Does Not Have Insurance?

Some drivers consciously choose not to buy insurance, but others may have forgotten to make a payment, causing their policy to lapse. Either way, these individuals may not have coverage to pay for your damages.

Fortunately, you may be able to use your uninsured motorist coverage for the accident. Wisconsin requires drivers to buy a minimum of $25,000 in coverage per person and $50,000 per accident.

What if the At-Fault Driver’s Coverage Runs Out?

Even if the at-fault driver has coverage, it might run out before you can get the full compensation you need. In these situations, drivers can turn to their underinsured motorist coverage. However, these claims can be complicated, which is why crash victims should meet with a lawyer to discuss their path forward.

What if Your Lawyer Needs To File a Car Accident Lawsuit?

You may wonder if your lawyer can file a lawsuit in Wisconsin, or if he or she must file a lawsuit in the state where the at-fault driver resides.

It is important to note that most car accident cases are settled without the need to go to court. However, sometimes insurance companies do not offer full compensation, or they may even try to deny coverage. When this happens, filing a lawsuit may be the best way to secure the compensation you need.

Often, a lawsuit can be filed in the state where the accident happened. It may also be possible to file a lawsuit in the at-fault driver’s home state. However, each case is different and there are multiple factors to consider. You should discuss the situation with a licensed attorney to discover your potential legal options.

What if You Were Injured by a Truck Driver From Another State?

If the liable party in an injury claim is a business, such as a commercial trucking company, you should be able to sue in Wisconsin or the state where the business is located. If the company does a significant amount of business in Wisconsin, there should be no problem filing a lawsuit there.

Call Sigman Janssen For Assistance After a Car Crash

Were you injured because of another driver’s carelessness?

Call Sigman Janssen to learn about your potential legal options. There are no upfront costs with our services.

Schedule a free, no-obligation legal consultation. Phone: (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