If you or your loved ones suffered injuries after a car crash, there might be a hard road ahead of physical, emotional, and financial recovery. In the immediate aftermath, everything is a blur, and it’s challenging to know all the steps to take to protect your rights, especially if you’re eligible for essential compensation to cover medical expenses, lost wages, and other economic and non-economic damages.
However, deciding whether to sue—or not—after a Milwaukee car crash isn’t a decision to be taken lightly. An experienced car accident lawyer in Milwaukee, WI, can advise on when to consider filing a personal injury lawsuit and when it might not be the best course of action.
Why You Should Consult a Milwaukee Car Accident Lawyer ASAP
Car accidents often set off a series of complications. Every aspect of life is affected, from your mental and physical health and ability to work to arranging transportation and paying medical bills. So to take legal action on top of all this is daunting, even if the incident was somewhat minor.
This is why it’s crucial to consult a lawyer as soon as possible. They’ll help you navigate the challenges of personal injury law and protect your rights throughout the claims process. A knowledgeable legal team mobilizes to gather evidence, assess liability, and calculate the extent of your damages, ensuring you have a strong case for compensation.
Your car accident attorney also negotiates with the at-fault party's insurance company before filing a lawsuit. This strategy often leads to a fair settlement that covers damages for your injuries and losses. However, insurers sometimes offer low settlements—or deny claims altogether. If this happens, you have a legal team prepared to take your case to court and fight for the settlement you deserve.
When to Sue After a Car Crash: Possible Damages
A personal injury lawsuit may be necessary if you’re eligible for certain economic and non-economic damages including, but not limited to:
- Medical costs. Injuries caused by auto accidents frequently result in significant medical expenses, including emergency care, hospital stays, surgeries, medications, and rehabilitation. If the collision caused injuries that require ongoing treatment, physical therapy, or long-term care, you may be eligible to claim compensation for these costs as well.
- Lost income and reduced earning capacity. If the injuries from the accident prevented you from working or caused a decrease in your earning capacity, you can seek damages for lost income and potential future earnings.
- Property damage. Car accidents often cause extensive damage to vehicles, which can be expensive to repair or replace. Compensation for property damage is typically sought in a personal injury lawsuit.
- Pain and suffering. In addition to economic damages, you may be able to recover compensation for the physical and emotional pain and suffering from the accident.
Filing n Auto Accident Lawsuit Before the Statute of Limitations Expires
Another critical reason to involve a car accident lawyer early on is to protect your claim before the statute of limitations expires. This is a strict deadline within which you must file a lawsuit after an accident.
Fortunately, an experienced Milwaukee car accident attorney ensures all necessary legal actions are taken within the prescribed time frame. In Wisconsin, the statute of limitations for filing a car accident injury lawsuit is three years. There are some exceptions to this deadline, such as if someone was a minor at the time of the accident or considered mentally incompetent.
Situations When You Shouldn’t Sue
While consulting a Milwaukee car accident lawyer is essential in most auto accident cases, there are situations where pursuing a lawsuit might not be feasible or practical. For example, if you were solely responsible for the crash, filing a lawsuit may not be productive. Additionally, if the statute of limitations expired, your claim will likely be dismissed.
Some other reasons you may not want to sue are due to:
- Minor injuries. If the injuries sustained in the accident are minor and medical expenses are limited, it might be more cost-effective and efficient to settle the claim with the insurance companies rather than pursue a lawsuit.
- Low damages. Minimal property damage likely doesn’t justify the expense and time of going to court. Insurance claims often cover the repairs without the need for litigation.
- Lack of insurance coverage. In circumstances when the at-fault party is uninsured or underinsured, suing them might not be fruitful, as they probably don’t have the resources to cover damages.
- Limited insurance policy. If the at-fault driver's insurance policy has a low coverage limit, and the damages exceed that limit, suing them might not result in significant additional compensation.
Consulting with a car accident lawyer determines your best course of action depending on the specifics of your case and whether you should sue for damages.