A Skilled Car Accident Lawyer in Milwaukee Fights for Swift Recovery
There are more than 113,000 traffic accidents each year in Wisconsin, according to the Wisconsin Department of Transportation. At least 500 crashes are fatal, and more than 30,000 cause injury to one or more people. When another party’s carelessness or negligence caused the accident, the victim can file a claim or lawsuit with a car accident lawyer in Milwaukee against the responsible party to seek recovery for their damages.
Common Causes of Car Accidents
Most car accidents really are not “accidents,” per se; someone is usually to blame for the occurrence. And it is not always another driver who is at fault. Sometimes, a bicyclist or motorcyclist, a car manufacturer, or even a roadway engineer or city maintenance department may have contributed to the accident.
Attorney Stephen B. Strnad, S.C. has been assisting personal injury victims for more than 33 years. Car accidents comprise a large portion of the cases he handles each year. Below are some of the most common causes and contributing factors of car accidents that we encounter:
• Driving under the influence;
• Faulty tires and brakes;
• Texting while driving;
• Driving distractedly, e.g., daydreaming, fumbling for an object, and talking with passengers;
• Driving while tired;
• Not obeying the rules of the road and making illegal maneuver;
• Driving recklessly, such as speeding, attempting dangerous passes, tailgating, and taking corners too fast;
• Dangerous weather and road conditions;
• Misjudging or making false assumptions about another driver’s actions or speed;
• Vehicles with higher-than-average risk of rollover; and
• Poorly designed roads and traffic congestion.
Obtaining Compensation for Your Damages
Wisconsin is a fault state, which usually means that the party most at fault for the accident is the one responsible for paying for the damages. This is usually done by filing a claim with the at-fault driver’s insurance company. Fault will have to be established using evidence such as police reports, witness statements, photos or videos, etc. Wisconsin is also a comparative negligence state, and the rules of assessing fault can become complicated.
Should you win your claim, you will receive a monetary recovery or settlement for your damages. The other party’s insurance should cover your property damage, medical care, pain and discomfort, loss of earnings, and other damages. If your loved one died in the accident, the policy also should cover funeral expenses along with other damages.
Caveats of Car Accident Claims
There are a couple of issues that often arise with car accident claims, however. Firstly, you will be compensated only up to that party’s policy’s limits. In many cases, this is not enough to recover your losses fully. A significant number of drivers only carry the minimum liability coverage, which includes the following:
• $10,000 for property damage;
• $25,000 for the injury or death of one person; and
• $50,000 for the injury or death of more than one person.
Traumatic brain injuries, spinal cord injuries and other types of severe injuries may mean $25,000 is just a drop in the bucket for your medical needs.
It may also be that there are other parties and/or insurance coverages available to compensate you for your damages over and above the other driver’s insurance policy limits. An experienced car accident attorney in Milwaukee can help you recover your damages from all sources that are available.
Another common caveat is that the insurer is not your friend. The insurance company is in the business of paying out the least amount of money it can. The insurance company will do whatever it can to reduce the amount you receive and to discredit you and your claim. The insurance company may dispute fault and try to pin the blame on you, which can bring your claim to a standstill or end it. It may try to offer you a lowball settlement or try to minimize or refute the extent of your injuries to avoid, a larger payout.
It is proven that injured people have higher monetary recoveries for their accident claims when they are represented by an attorney.
Before Filing a Claim, Speak with a Car Accident Attorney in Milwaukee
To protect your best interests, you will want to run your case by a car accident lawyer before filing (or at least before settling) your claim. If the claim is unsuccessful or fails to compensate you fully for losses, filing a lawsuit is a possibility.
If your accident was serious, we encourage you to speak with Attorney Strnad to help with your claim. He can help gather evidence to substantiate your claim, negotiate with insurers and fight for maximum compensation. If a fair settlement cannot be reached, we can litigate your case to pursue restitution for all of your damages.
Contact the Law Offices of Stephen B. Strnad, S.C. at 414-939-5293 for a free consultation.