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How a Wisconsin Car Accident Case Works

A Wisconsin auto accident lawsuit is a complex, multi-stage procedureEvery Wisconsin car accident case is unique. The cause of your crash, the evidence available to prove the cause of your crash, the injuries that you suffer, whether you hire an attorney, and how you advocate for your fair recovery are just some of the things that will influence how your Wisconsin car accident case goes. Thus, there is considerable variation in how a “typical” accident case is resolved—yet, there are common factors that are important to understand.

Six Steps to Resolving Your Wisconsin Car Accident Case

After you have gotten medical care and gathered evidence at the accident scene, it is important to begin fighting for your fair and just recovery. Specifically, you can:

  1. Report the accident—but be cautious about talking the insurance adjuster. Most insurance companies require you to report the accident in a timely manner. You should do so, but you should be very careful about what you say to insurance adjusters after that because insurance adjusters are not acting in your best interest.
  2. Begin settlement negotiations with the insurance company. Typically, you will file a demand letter to begin negotiations with the insurance company. The insurance company will respond to your letter, and you have the right to continue negotiations after, if necessary.
  3. Determine if you have legal standing to sue. If you were hurt in the accident, if you are the guardian of a minor child who was hurt in the accident, or if you have a certain legal relationship with the person who was killed in the accident, then you may be able to bring a case.
  4. File a complaint in court before the statute of limitations expires. You have a limited amount of time to file a claim. If you fail to file your complaint in court before the time expires, then you may not be able to recover damages.
  5. Hire expert witnesses to help you make your case. In some (but not all) cases you may need expert witnesses to help you prove your case or the amount of your damages.
  6. Understand your rights—and whether you contributed to the accident in any way. If you were 51 percent or more responsible for the crash then you may not be able to recover damages. However, if you were responsible for less than half the crash, then you may be able to recover some damages.

You have the right to contact an attorney and to have your attorney work on these steps on your behalf at any time.

If you have any question about any of these steps or whether you should take them in your case, then we encourage you to contact us via this website today so that we can schedule a free, no-obligation consultation with you.

Jason F. Abraham
Managing Partner, Hupy and Abraham