After suffering a car crash injury as a passenger, you may be confused about your rights to compensation. You may even be concerned about taking legal action against the driver of the vehicle, as this person may be someone close to you or even a family member. However, it is important to remember that you are only protecting your best interests.
The Appleton car accident lawyers at our firm have been protecting the rights of injury victims for decades. We are prepared to review your situation and further explain your rights in a free consultation.
Your Rights as a Passenger After a Crash
Even if you were only the passenger and not the driver, you still have the right to file a claim against the at-fault party for any injuries sustained in a car accident. As a passenger, you are able to pursue compensation from the driver of the vehicle you were riding in if he or she was at fault for the accident, or the other driver if that driver was responsible for the accident.
Determining Fault
Wisconsin follows a modified comparative negligence system, which means multiple parties can be held liable for damages. Damages are reduced by the percentage of fault, if any claimant is found to hold in the accident.
To pursue compensation from someone else, you must be equally or less at fault than they are. As a passenger, it is difficult for others involved to attempt to hold you liable. However, insurance companies will try to lower how much money they pay out on a claim and may say a passenger’s actions contributed to the accident.
To determine fault, each party’s actions need to be examined. It may be found that both the driver of the vehicle you were riding in and the other driver both held fault in the collision, which means you may need to pursue claims against multiple parties to recover maximum compensation.
Working with an experienced attorney can help you determine who is at fault for your injuries and who to pursue claims against. Your lawyer could help strengthen your claim by gathering the following:
- Accident reports
- Witness statements
- Photos of your injuries
- Medical records pertaining to your injuries
- Medical opinion reports
- Photos or video of the accident scene
Passenger Injury Compensation
Depending on the extent of your injuries and treatment required, you may be able to pursue compensation for damages including, but not limited to:
- Pain and suffering
- Medical costs
- Lost wages
- Lost future earnings
- Accommodations to assist with your recovery
Filing a Legal Claim in Wisconsin
If you were injured as a passenger in a car accident, you will need to file an insurance claim against the at-fault party’s insurance company, or both insurance companies if both drivers held liability in the accident.
If your claim is denied or you are unable to reach a settlement agreement with an insurance provider, you may have the right to pursue a lawsuit against the at-fault party.
In Wisconsin, victims must file a lawsuit within three years of the date the accident occurred. You are permitted to take direct legal action against the insurance company, which helps many injured passengers feel more comfortable pursuing the compensation they need when the at fault party is a friend or family member.
The insurance company may be named in the lawsuit alone or in addition to the at-fault driver, and you may be eligible to recover damages up to the insurance policy’s limits.
Contact an Experienced Attorney Today
Dealing with the aftermath of a car accident can be overwhelming, especially if you are unsure about your rights. Our attorneys at Sigman Janssen have extensive experience helping injury victims pursue maximum compensation and protecting their best interests every step of the way.
Our consultations are free and come with no risk or obligation to take legal action. We only receive payment for our services if we successfully help you obtain a recovery.
Gives us a call anytime day or night. (877) 888-5201.