scene on a highway of car accident in Milwaukee WICar Accident Lawyer in Milwaukee

Being involved in a car crash can be traumatic and life-changing, leaving you with physical injuries, emotional distress, and financial burdens as far as the eye can see. In these situations, it is crucial to understand your legal rights and options. At Hupy and Abraham, our Milwaukee car accident lawyer can help you navigate the legal process so your rights stay protected and you get the settlement you deserve.

But, before diving into all the ways an attorney can help your case, you need to know the basics of what is considered a crash, and what to do (and not do) after.

 

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Table of Contents:

What is a Car Accident?

To be honest, it's pretty simple. An auto accident is a collision involving at least one vehicle. It can happen for various reasons and have significant consequences for those involved.

Common Causes of Auto Accidents

There are a number of different ways accidents occur. No matter what they are, the result of a crash can be catastrophic, so it's important to be diligent. However, no matter how diligent YOU might be, there are many other people on the road.

Below are some of the most common causes of car accidents in Milwaukee, WI.

Distracted Driving

Common distractions include texting, talking on the phone, using the Internet, eating, and dealing with passengers. However, the list of possible distractions is almost endless and any kind of distraction can result in a dangerous crash.

Speeding Or Reckless Driving

In Milwaukee, WI, there is an absolute speed limit law. Anyone driving even 1 mph over the posted speed limit is considered speeding. Speeding, along with aggressive driving, are two of the most common forms of reckless driving.

Driving Under the Influence of Alcohol in Milwaukee

If you have a BAC of .08 or higher, that's considered drunk driving in Milwaukee, and across the entire state of Wisconsin.

Poor Weather Or Road Conditions

Whether it's cold and you hit a patch of ice and lose control, or there's a pot hole in the middle of the road, bad weather and poor road conditions are a common cause of crashes in Milwaukee.

Drowsy Driving

Drowsy driving is just as dangerous as any of the other car accident causes listed above. In fact, according to the National Highway Traffic Safety Administration, there were 684 drowsy-driving-related deaths in 2021.

The Most Dangerous Intersections in Milwaukee

Thanks to research and due diligence by the Milwaukee Journal Sentinel, we have more insight into where you may be in more danger behind the wheel than in others. Being aware of your surroundings is important no matter where you're driving in Milwaukee, but these 13 intersections around town are particularly dangerous.

most dangerous intersections in Milwaukee

Common Types of Car Accidents

Common types of crashes a Milwaukee car accident lawyer can help with include:

T-Bone Crashes

This type of side impact crashes occurs when the front or back of one car collides with the side of another car and forms a “T” shape. T-bone crashes frequently occur when a car fails to stop at an intersection.

Rear-End Wrecks

A driver who is distracted, speeding, drunk, or otherwise negligent may fail to leave himself enough time to prevent hitting the car in front of him. Rear-end accidents are among the most common type of crashes in Wisconsin and around the nation.

Head-On Collisions

A head-on collision occurs when the front ends of two cars collide. Head-on crashes are not as common as other types of accidents, but when they do occur they are more likely to result in serious injuries or death.

Pedestrian Accidents

Walkers and joggers lack the protective metal, airbags, and other safety features of cars. Thus, when a car collides with a pedestrian the result can be catastrophic.

Bicycle Accidents

Cyclists and cars need to share the road, but when they collide it is often the rider who is significantly injured due to a car driver’s negligence.

Rollover Crashes

Some rollover crashes are caused by vehicle defects, but many are caused by drivers who are negligent. Speeding, distracted driving, drunk driving and other negligent behavior can lead to serious injuries from a rollover accident.

Our auto accident attorneys in Milwaukee have successfully represented clients in these types of crashes and in others.

man suffering a whiplash injury after a car accident in MilwaukeeCommon Crash Injuries We See at Hupy and Abraham

Car crashes can result in a variety of injuries that range in severity from minor cuts and bruises to severe head trauma and spinal cord injuries. Some accidents may even result in death. The following are some common injuries that our attorneys see often when clients ask us for assistance after auto accidents in Milwaukee:

  • Whiplash
  • Back injuries
  • Head injuries
  • Broken bones
  • Internal injuries
  • Emotional trauma

What to Do (and Not Do) After a Car Crash

If you have been involved in a car accident, it can be confusing to know what to do. There are several things you should take to protect yourself and ensure that any injuries or damages are properly documented. 

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  • Call 911. You will want to report the accident to law enforcement and obtain copies of the police reports for evidence.
  • Move to a safe location. If possible, move to a safe location out of traffic. Turn on your hazard lights to warn other drivers of the accident.
  • Seek medical attention. It is important to seek medical attention immediately, even if you feel fine or your injuries seem minor. Some injuries may not be obvious and can worsen over time if left untreated. Be sure to obtain copies of the medical reports to use later when filing a claim.
  • Gather evidence. You should gather as much evidence as possible from the accident scene. Evidence can include contact and insurance information of the other driver involved in the accident and contact information for any witnesses. You may also want to take photos of the damage to all vehicles involved and your injuries.
  • Notify your insurance company. Let your insurer know the date, time, and location of your crash.
  • Contact a car accident lawyer. Consult with a Milwaukee car crash attorney as soon as possible to keep your legal rights protected.
  • Keep a detailed file. It is important to keep all of the information about your accident together in one place. Your file may contain copies of your medical bills, pictures of the accident, a journal of how your injuries have impacted your life, and any other documentation of your accident or resulting injuries.

You should avoid the following: admitting fault, apologizing for the accident, and posting details about the accident on social media sites. These could be used against you later.

How Do Insurance Settlements Work for Car Wrecks?

You might get a call from an insurance adjuster soon after your car crash. Some may consider that the beginning of a car accident settlement, since anything that you say to the insurer may influence your eventual recovery, but that is not how the formal car accident insurance settlement process starts.

Instead, the Process Starts With a Demand Letter

The insurance company doesn’t have to provide you with any money unless you ask for it. Thus, formal car accident insurance settlement negotiations begin when you or your attorney sends a demand letter to the insurance company requesting a settlement for your accident injuries. The demand letter should be well drafted and persuasive. It should include…

  • Details about the accident, including why the other driver is liable for the accident and your injuries.
  • The specific injuries you have suffered.
  • The specific damages that you are seeking as compensation for your injuries.

The demand letter may be accompanied by supporting documentation.

You should expect to receive a written response to your letter after the insurance company has had time to receive it and consider it. Negotiations will then occur until a settlement is reached or your case goes to court

How Long Do Car Accident Settlements Take?

The length of time it takes to reach an auto accident settlement can vary widely depending on the circumstances of the case. In some cases, settlements can be reached relatively quickly, within a few weeks or months. In other cases, the settlement process may take years.

Factors that can affect the length of time it takes to reach a settlement include:

  • The severity of the injuries
  • The complexity of the case
  • The willingness of the insurance company to negotiate a settlement

The process can take even longer if the case goes to trial.

It is essential to understand that settling too quickly can also harm your case. Soon after the accident, insurance adjusters may contact you and pressure you to settle your claim. If you accept a settlement before fully understanding the extent of your injuries and the long-term costs associated with them, you may not receive the full amount of compensation you deserve. Watch the video below as experienced car accident attorney Jason Abraham explains why this is so important:

How Often Do Settlements Exceed Policy Limits?

Auto insurance policies limit the amount of compensation that can be paid out for an accident. These limits vary depending on the policy, but they are typically in the range of $50,000 to $100,000. In some cases, however, the cost of medical bills, lost wages, and other expenses may exceed the policy limits.

It is rare for an auto accident settlement to exceed the policy limits. Insurance companies are typically responsible for paying damages up to the limits of the at-fault driver's policy. However, there are certain situations where a settlement or judgment may exceed the policy limits, such as in cases where the insurance company acts in bad faith and does not handle the claim fairly or appropriately or if multiple parties share responsibility for the accident.

Since settlements that exceed the policy limits can be challenging and time-consuming, it is essential to work with an experienced Milwaukee auto accident attorney to navigate this process to ensure you get the settlement you deserve.

Why Do I Need a Milwaukee Car Accident Lawyer?

To be honest, the answer is simple. If you are in an automobile accident that results in medical expenses or property damage of any kind, you should hire an experienced attorney. If it's just a fender bender and there isn't much else to it, you can handle that on your own. However, insurance companies will look to make quick offers and take advantage of people when their vulnerable (insurance adjusters are not your friends), so having an attorney who knows state laws and who has years of experience with these types of accidents is important.

Here are six questions you should ask yourself when determining whether or not you should hire a Milwaukee car accident lawyer:

  1. Was fault established? 
  2. Did serious injuries occur?
  3. Was there significant damage to either vehicle?
  4. Has the insurance company provided compensation?
  5. Is the compensation sufficient?
  6. Is an insurance adjuster pressuring you?

The way that you answer the questions above can weigh heavily on your decision to hire a lawyer. However, in all honesty, if you're hurt, concerned, or unsure of whether you need an attorney, schedule a free consultation with our personal injury law firm in Milwaukee and find out, at no cost to you. 

When to Hire a Car Accident Attorney in Milwaukee?

It is always a good idea to consult with an auto accident attorney immediately after an accident, even if you don't plan to file a lawsuit. An attorney can help you understand your legal rights and options and provide guidance on dealing with the insurance companies and filing a claim.

In Wisconsin, there is a deadline for filing a lawsuit related to a car accident. The statute of limitations is three years from the date of the accident. There are some exceptions to the statute of limitations. For example, if the accident involved a government entity or employee, there may be a shorter timeframe for filing a claim. Additionally, if you were a minor at the time of the accident, the statute of limitations may be extended. In Wisconsin, a minor has three years from their 18th birthday to file a lawsuit related to a car accident that occurred when they were under the age of 18.

It is important to remember the statute of limitations when considering whether to file a lawsuit related to a car accident. If you wait too long to file a claim, you may lose your right to seek compensation for your injuries and other damages.

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Important Items to Bring to Your Initial (and Free) Consultation

If you are considering hiring a Milwaukee auto accident attorney to help you with your crash case, there are several things you should bring to your initial consultation to help your attorney understand your case and advise you on your options, such as:

  • Accident report from the police that provides details of the accident
  • Medical records related to your injuries, such as bills, receipts, and records of any treatments or procedures you received
  • Insurance information such as copies of your auto insurance policy and any correspondence you have had with your insurance company or the other driver’s insurance company related to the accident
  • Contact information for witnesses to the accident
  • Photos of the accident scene

The more information you can provide your attorney, the better they will be able to understand your case and advise you on your options. Be honest and forthcoming with any information you have, even if you are not sure if it is relevant to your case.

Milwaukee car accident lawyer at his deskHow to Find the Best Car Accident Lawyer in Milwaukee

Hiring the best car accident lawyer in Milwaukee can be vital to the success of your case, so it's important to take the time to find the right one for you. Before you make any decisions, consider the following tips when looking to hire the right attorney for you:

  • Get referrals from friends and family. A good starting point for finding the right attorney is to ask for referrals from people you know and trust. If someone you know has had a positive experience with an attorney, they may be able to recommend that attorney to you.
  • Research online. You can research online by reading reviews, looking at case results, and browsing client testimonials to get an idea of how satisfied other clients have been with the lawyer and the types of settlements they have secured. Along with the attorney's website, reviewing a firm's Google My Business profile (here is ours) is a great place to get started.
  • Check their experience and credentials. When hiring an auto accident attorney, it is essential to look at their experience and credentials. Make sure they have experience handling cases like yours. You will also want to check their credentials to ensure they are qualified to practice law in your state.
  • Schedule an initial consultation. Once you have a list of potential attorneys, schedule a consultation with each. This will give you an opportunity to ask questions, discuss your case, and get a sense of how well the attorney communicates and whether you feel comfortable working with them.

Contact Our Milwaukee Car Accident Lawyer for a Free Consult

If you were injured in an auto accident, the Milwaukee car crash attorneys at Hupy and Abraham offers a free, no-obligation consultation. Our team will go above and beyond to win your case and we also offer a 'Win or It’s Free' Guarantee. To schedule a confidential appointment, contact us online or call us at 1-800-800-5678.

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Jason F. Abraham
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Helping car accident and personal injury victims throughout Wisconsin, Illinois and Iowa since 1993.