These Are the Most Common Reasons Why Insurance Claims Get Denied

You pay for insurance hoping you never have to use it, but when something goes wrong, you expect it to have your back. That’s the deal, right? You keep up with your premiums, and when life hits you hard (a car crash, a house fire, a medical emergency), your insurance is supposed to step in.

For far too many people, that’s not how it plays out. Instead of help, they get a denial letter. If you have faced insurance claim denials or want to make sure that it does not happen to you, here’s what you need to know. These are the common reasons for denied claims even when you always diligently paid your premiums.

You Waited Too Long to File

This is one of the most common insurance claim challenges, and yet it is completely preventable. Almost every insurance policy (it could be for your car, your house, or your health) has strict deadlines. If you don’t report your claim on time, the insurer might deny it outright.

Why This Happens

You might be dealing with the chaos of an accident or the stress of a health crisis. Filing a claim isn’t exactly top of mind, but insurance companies don’t really care about that. If you miss the deadline (which can sometimes be as short as 24 or 48 hours), you might be out of luck.

What You Can Do

If something goes wrong, tell your insurance provider as soon as possible. Even if you are still arranging for paperwork, at least let them know the basics. That one call could save your entire claim.

What Happened Isn’t Actually Covered

Not everything is covered by your policy, and that’s where a lot of people get blindsided. Just because you think something should be covered doesn’t mean your policy agrees.

What This Looks Like

Your basement floods during a storm, but flood damage isn’t covered under your standard homeowner’s policy for a property damage claim.
You crash your car while delivering food, but your personal auto policy excludes business use.
You seek treatment for a condition your health insurance marked as “pre-existing.”

How to Avoid This

Review your policy before something happens, not after. If there is anything unclear (and remember, there usually is), ask questions. Better yet, get the answers in writing.

You Left Out Details or Made Honest Mistakes

We are not talking about fraud here. Even honest folks make mistakes like forgetting a detail, rounding off a number, mixing up dates. Those little things can make insurance companies deny claims.

Common Missteps

Leaving out medical history when signing up for health insurance
Estimating damages instead of providing receipts or repair quotes
Telling the story of what happened differently each time (even unintentionally)

How to Stay Safe

Be as detailed and accurate as you can. If you are not sure about something, say so. And always, always document everything. Receipts, emails, reports, photos — the more paper trail you have, the stronger your claim.

Your Policy Was Inactive When You Filed

No coverage means no claim, simple as that. If your policy lapses even by a day, your insurer is not legally required to pay.

How This Happens

You missed a premium payment
Your job ended and so did your employer-sponsored health insurance
You didn’t renew your homeowner’s or auto policy

Best Way to Prevent It

Set up auto-pay or calendar reminders for your premiums. If you change providers, make sure your new coverage starts before the old one ends. Gaps in coverage can cost you big time.

The Insurance Company Disagrees About Who’s at Fault

This one is particularly common with auto accidents, personal injury claims, or anything involving a third party. Your insurance provider might disagree with your version and say, “Sorry, we don’t think this is on us.”

Some Real Examples

After a car crash, the insurer says you caused it, even if you don’t agree.
A guest slips at your house, but your homeowner’s policy argues it was their fault.
Your insurer claims a medical issue was caused by a non-covered event (like extreme sports or substance use).

How You Can Fight This

Get your own evidence: witness statements, photos, police reports, medical opinions. Don’t just accept their version. They are protecting their bottom line, not yours.

You Didn’t Provide Enough Proof

This is one of the most frustrating reasons for denial. Even if you are completely in the right, if you cannot back it up with paperwork, you might not get paid.

Things Insurers Usually Ask For

Photos of damage
Medical bills and doctor’s notes
Estimates from contractors or mechanics
Police reports or incident records

Stay Organized

Keep all documents, receipts, and records in one place. If you are emailing your insurance company, keep copies of every message. If you talk on the phone, write down who you spoke to and what was said.

Your Claim Raises Red Flags

Let’s be real: insurance fraud exists. Because of that, insurance companies are quick to flag anything that seems “off.” But sometimes, legit claims get caught in that net.

What Makes a Claim Look Suspicious?

You filed right after increasing your coverage
Your story changes over time
The amount you are claiming seems higher than expected

If This Happens

Don’t panic. Just be ready to explain everything clearly and provide supporting documents. Consistency is key here. And having a lawyer on your side is a prudent move.

Additional Things to Remember About Insurance Claims

Sometimes claims get denied simply because the insurance company says you didn’t follow their rules. This may happen even if the care was totally necessary. For example, if you get a CT scan without first getting the green light (what they call “require prior authorization”) your health plan might reject the bill. And if the scan was done outside your plan’s network, that could be another reason they won’t cover it.

Even if the test procedures were meant to catch something early and prevent further damage, the insurer might still say no. They expect you to take what they call reasonable steps to make sure everything is approved ahead of time. And if you don’t, they might stick you with the non payment.

Get Our Personal Injury Lawyers on Your Side

If your insurance claim has been unfairly denied, delayed, or underpaid, you don’t have to take it lying down. At Gingras, Thomsen & Wachs, our personal injury attorneys have decades of experience holding insurance companies accountable. We don’t back down against pressure. We have the skills, experience, and resources to take on powerful insurers and fight for the largest possible compensation for your losses. To schedule your free consultation, call us at 855-954-1186 or contact us online.

August 29, 2025/by GTW

Insurance Law

7 Tips for Successfully Negotiating for More Money with the Insurance Company

Negotiating with insurance companies after an accident can feel like playing poker with someone who already knows all your cards. They have done this thousands of times. You haven’t. And while you are in pain, missing work, and trying to get your life back on track, they are focused on one thing: paying you as little as possible.

But here’s the good news. You can negotiate for more money. In fact, it’s often expected. The first offer an insurance adjuster makes is rarely the best one. They are hoping you will just take it and move on.

If you have suffered injuries in an accident and are trying to settle your claim with the car insurance company, here are proven insurance negotiation tips to help you recover fair compensation.

Let Your Personal Injury Attorney Handle the Settlement Negotiations

This is the most effective strategy for maximizing insurance settlements. However, don’t try to go toe-to-toe with an insurance company on your own. They know how to twist words, downplay injuries, and poke holes in your case. That’s their job.

But a good car accident attorney? Their job is to protect you. They know how to calculate the true value of your insurance claim. They will account for every dollar of medical care, lost wages, long-term needs, and even the pain and suffering you have experienced. More importantly, they know how to negotiate from a position of evidence-based strength.

Why It Matters

When a lawyer steps in, the entire dynamic changes. Insurance companies know they can’t get away with lowballing or stalling your personal injury claim. They also know that if they push too hard, a personal injury lawsuit could be filed. And that’s a risk they’d rather avoid.

Your best bet to negotiate a fair car accident settlement is to get legal representation from an experienced personal injury lawyer and let them take the lead.

Know What Your Claim Is Worth

You cannot negotiate a car accident claim effectively if you don’t know what your case is actually worth. That lowball offer from the claims adjuster might seem tempting when bills are piling up, but if you don’t understand the full extent of your losses, you might be accepting far less than you need.

Things to Consider When Calculating Value

Costs of medical treatment (both current and future)
Lost income and diminished earning capacity
Pain and suffering
Emotional distress and/or PTSD
Loss of enjoyment of life
Permanent disability or scarring
Out-of-pocket expenses like transportation to appointments or assistive devices

Collect all your medical records, medical bills, pay stubs, and ask questions to your attorney to clearly understand insurance policies.

Don’t Jump at the First Offer

It is normal to feel pressure when the first settlement offer shows up. You have got bills, maybe you are out of work, and getting a check, no matter if it’s smaller than you hoped, can be incredibly tempting.

But here’s a hard truth: insurance companies rarely lead with a fair number. They are testing the waters. If you accept quickly, they save a ton of money. If you push back, they will usually come back with more.

How to Respond

Politely decline the offer and ask for a detailed explanation of how they arrived at that number. Then take that information to your attorney. They will draft a counteroffer, backed by evidence that strengthens your claim for a fair settlement.

Keep the Pressure On, But Stay Professional

No one likes dealing with delays or red tape, and insurance companies are notorious for both. It can feel like they are dragging their feet on purpose (and sometimes they are). They hope that you will get tired and frustrated and settle for less.

Here’s What Helps

Follow up regularly, but stay calm and professional.
Keep a written record of every conversation.
Don’t get angry, but don’t go silent either.

If an experienced lawyer is handling the case, they will stay on top of communication and know when to escalate things. But if you are doing some of the legwork yourself early on, remember: persistent, polite pressure can get better results.

Don’t Overshare with the Insurance Adjuster

This one is tricky, particularly if you are a naturally open or trusting person. But insurance adjusters are trained to pick apart every word you say, even casual, offhand comments. For example:

Saying “I’m feeling better” could be used to suggest you’re fully recovered.
Mentioning you went on vacation might be twisted to argue you aren’t in pain.
Talking about prior injuries could open the door to claiming they are responsible for your current condition.

Stick to the Basics

Answer only what is asked, and don’t offer extra details. Better yet, let your legal counsel handle all communication. Legal assistance for insurance negotiations can make a key difference. The less room you give to big insurance companies to misinterpret or twist your words, the stronger your position will be.

Prepare Strong Documentation

Facts win negotiations. You can’t just say you are in pain or that you lost income. During the negotiation process in personal injury cases, you need proof. The clearer, more consistent, and more comprehensive your documentation is, the harder it is for an insurer to deny or undervalue your insurance claims.

What You May Want to Collect

ER records, doctor’s notes, and treatment plans
Medical bills and receipts
Photos of your injuries and property damage
Pay stubs and tax records to prove lost income
A personal journal tracking your pain and recovery
Statements from family, friends, or coworkers about how your life has changed

The paper trail tells the story. When the insurance provider sees a well-documented case, they know it will be tougher to fight and more expensive to drag out.

Get Our Seasoned Personal Injury Lawyers on Your Side

Here’s the final and most important tip: choose Gingras, Thomsen & Wachs to pursue your injury claim with the insurer. We have spent decades taking on powerful insurance companies on behalf of injured people and their families. We understand how these companies operate, and we know exactly how to fight back. Let us deal with the insurance company. You focus on healing. To schedule your free consultation, call us at 855-954-1186 or contact us online.

August 27, 2025/by GTW

Insurance Law

Should I Accept the Insurance Company’s First Offer After a Truck Accident?

After a truck crash, you may receive a settlement offer from the at-fault party’s insurance company. While it may be tempting to accept the first insurance offer after a truck accident—especially when you’re physically, emotionally, and financially overwhelmed—doing so can be a costly mistake.

Insurance companies are for-profit businesses whose primary goal is to minimize payouts, not to compensate you fairly. You should get truck accident insurance settlement advice from Gingras, Thomsen & Wachs, an experienced and trusted law firm that can protect your right to maximum compensation.

Why Insurance Companies Offer Low Initial Settlements

Insurance adjusters use various tactics to reduce the value of your claim, especially when they know you aren’t represented by a personal injury lawyer.

Quick Settlement to Limit Their Liability

The insurance company may contact you within days of the accident, offering a fast settlement. They do this before you fully understand the extent of your injuries or the long-term financial impact of the accident. Once you accept an offer, you waive your right to seek additional compensation—even if your medical condition worsens.

Taking Advantage of Financial Hardships

Truck accident victims typically face financial strain due to medical expenses and lost income. Insurers take advantage of this desperation, assuming victims will quickly accept the insurance company’s offer, even if it’s an unfairly low payout, instead of fighting for the amount they’re truly owed.

Undervaluing Medical Costs and Future Expenses

The first offer typically fails to account for future medical treatments, rehabilitation, and ongoing care. If you have suffered serious injuries, such as spinal cord injuries, traumatic brain injuries, or multiple fractures, you may require long-term therapy, surgeries, or lifelong care—all of which should be included in your compensation.

Downplaying Non-Economic Damages

Pain and suffering, emotional distress, and loss of quality of life are legitimate damages in truck accident claims. However, insurers may exclude or undervalue these losses in their first offer. This is possible because it’s hard for the victims to calculate these non-economic damages without assistance from a knowledgeable truck accident lawyer.

Why Accepting the First Offer Can Hurt Your Case

You May Be Entitled to More Compensation

Truck accidents may result in catastrophic injuries that require extensive medical care, ongoing rehabilitation, and sometimes permanent disability accommodations. If you accept the initial settlement, you may later realize you were entitled to far larger compensation for your injuries and losses.

The Full Extent of Your Injuries May Not Be Clear Yet

It can take weeks or months for doctors to determine the full impact of your injuries. If you accept an insurance company’s offer too soon (before maximum medical improvement is reached), you may be left paying out of pocket for future treatments that should have been covered under your settlement.

You Lose Your Right to Sue for Additional Damages

Once you sign a settlement agreement, you waive your right to pursue further compensation. Even if new medical complications arise later or you experience future income loss or prolonged pain and suffering, you will no longer get compensated.

Common Arguments the Insurance Company Will Use to Deny Liability

Failure to Show Proximate Cause: The insurer may argue that the truck driver’s negligence wasn’t the direct cause of your injuries, attempting to break the causal link between the accident and your damages.
Act of God: If extreme weather, earthquakes, or other uncontrollable natural events played a role in the crash, the defense may claim that no party is liable.
Pre-Existing Injuries: The insurer may assert that your injuries weren’t caused by the truck accident but instead stemmed from a prior medical condition.
Unavoidable Collision: The offer from the insurance company may not come at all if they claim the crash was inevitable, which means no negligence of the truck driver was involved.
Comparative Fault of the Plaintiff: If you share any blame for the accident, they’ll argue to reduce your compensation under Wisconsin’s comparative negligence laws.

Why Avoid Direct Negotiations with the Insurance Company and How Our Truck Accident Attorneys Can Help

Being involved in a truck accident is overwhelming, and dealing with the insurance company on your own can put you at a serious disadvantage. While the insurer may seem cooperative, chances are that the insurance company’s settlement offer at first may be severely inadequate.

At Gingras, Thomsen & Wachs, our seasoned personal injury attorneys know the strategies insurers may use to undermine claims. We will fight aggressively to recover the maximum compensation you’re owed.

Unequal Power Dynamic: Leveling the Playing Field

Insurance companies have vast legal and financial resources at their disposal. Their teams of lawyers, adjusters, and investigators are trained to limit liability and pressure victims into lowball settlements. If you attempt to negotiate alone, you’re up against a corporate giant that handles thousands of claims annually and knows how to exploit every legal loophole to devalue your case.

Our highly skilled attorneys at Gingras, Thomsen & Wachs level the playing field by bringing decades of trial experience, deep legal knowledge, and a winning track record to the table. We use strategic litigation tactics to make it clear to the insurance company that we won’t settle for less than what you rightfully deserve.

Limited Knowledge of Your Rights: We Have Deep Legal Skills

Without legal knowledge, you may not be aware of all the damages you’re entitled to claim. Insurance adjusters take advantage of this by downplaying the long-term impact of your injuries and pressuring you to accept a quick settlement before you fully understand the extent of your losses.

At Gingras, Thomsen & Wachs, we ensure that your compensation accounts for all damages, including:

Medical expenses (past, present, and future)
Lost wages and reduced earning capacity
Pain and suffering
Emotional distress
Long-term disability or disfigurement
Loss of enjoyment of life

Our legal team thoroughly investigates your case, consulting with medical professionals, accident reconstruction experts, and economic analysts to ensure that every dollar of your damages is accounted for.

Risk of Settling for Inadequate Compensation: We Leverage Our Trial Capabilities to Negotiate

Insurance companies use delay tactics, misleading statements, and high-pressure negotiations to convince accident victims to accept low settlements. Once you sign a settlement agreement, you forfeit your right to pursue additional compensation—even if you later discover that your injuries are more severe than initially diagnosed.

Our experienced trial attorneys at Gingras, Thomsen & Wachs never back down in the face of insurance company resistance. With a proven record of winning large verdicts, we use our readiness to go to trial as a strategic advantage in negotiations.

Insurers know that facing a well-prepared opponent before a jury could lead to a much higher payout than a fair settlement—and we leverage this reality to pursue compensation for your medical bills, lost wages, and pain and suffering.

Complex Legal Procedures: We Move Fast to Collect Evidence

Truck accident cases involve intricate legal and procedural challenges that most victims aren’t equipped to handle alone. From filing deadlines to gathering evidence and dealing with insurance adjusters, one misstep could weaken your claim.

At Gingras, Thomsen & Wachs, we move swiftly to collect and preserve critical evidence before it can be lost or destroyed. This includes:

Black box (electronic logging device) data to uncover violations of federal trucking regulations
Truck maintenance and inspection records to expose mechanical failures
Driver logs to verify if hours-of-service (HOS) regulations were violated
Cargo loading records to determine if improper loading contributed to the accident
Surveillance footage and witness statements to reconstruct how the crash occurred

By diligently fulfilling all legal requirements related to your personal injury lawsuit and obtaining compelling evidence, we strengthen your truck or car accident claim for fair compensation.

Emotional Stress and Time-Consuming Process: We Support You with Personalized Representation

Handling a truck accident claim while recovering from serious injuries is physically, emotionally, and financially exhausting. The insurance company knows this and may intentionally prolong the process, hoping you will become desperate enough to accept their low initial settlement offer.

At Gingras, Thomsen & Wachs, we take the burden off your shoulders. Our dedicated attorneys handle all communications, paperwork, and negotiations, allowing you to focus on your recovery. We provide personalized attention, keeping you informed at every stage and ensuring that your voice is heard throughout the legal process.

Get Legal Help from Our Experienced Truck Accident Lawyers

Don’t risk undervaluing your claim by negotiating with the insurance company alone. At Gingras, Thomsen & Wachs, we fight relentlessly to hold negligent trucking companies and their insurers accountable.

With our aggressive negotiation strategies, extensive trial experience, and strong determination, we pursue fair and just compensation for our clients. To schedule your free consultation, call us at 855-954-1186 or contact us online.

July 23, 2025/by Gingras, Thomsen & Wachs, LLP

Car Accidents, Civil Rights, Insurance Law, News

How Can a Lawyer Help You After a Car Accident?

If you drive a car or routinely ride as a passenger, there’s always a risk of an accident resulting in severe injuries due to another’s fault. The first notion you need to abandon at that time is that the insurance company is on your side.

You may not know this, but by the time you call your insurer to report a crash, they have already assigned a claim number, flagged you in their system, and started reviewing how little they can pay to make you go away. As “helpful” as the insurance adjuster may sound, in most cases, their goal is to devalue your case from day one.

Benefits of Hiring a Lawyer After a Car Accident in Wisconsin

An experienced personal injury attorney knows that the sooner you seize control of the narrative, the better your chances of obtaining a fair settlement for your economic and non-economic damages. They achieve this through the legal process by:

Preserving the dash cam and traffic cam footage, black box data, and surveillance video from nearby businesses before it gets deleted, “lost,” or recorded over
Issuing spoliation letters under Wisconsin law to warn the defendant(s) not to destroy evidence, or face court sanctions
Coordinating with your car accident injury treatment team to document every step of your care so it aligns with the legal elements of a negligence claim

Another important thing to note is that timing is critical in motor vehicle accident claims in Wisconsin for two reasons:

Generally speaking, you only have three years from the date of the accident to file a claim (and two years to file a wrongful death claim if the accident resulted in your loved one’s death).
The longer you wait to start legal proceedings, the more time you give the defense to build a case against you and your damages.

Here are some of the biggest advantages of retaining a car accident attorney for strong legal representation.

They Investigate Your Case Better than You Can on Your Own

If you’re getting legal help after a car crash from a full-fledged personal injury law firm, they will have their own team of investigators to gather evidence supporting their clients’ cases. Because an auto accident attorney knows that how well you settle your claim may depend on how well you start it.

In addition to obtaining official crash reports from the relevant police department and contacting any witnesses, they also have the means to recover crash data (speed, braking, steering input) from a vehicle. Your personal injury attorney can send spoliation letters to preserve this data and prevent tampering.

They Build the Medical Foundation for a Strong Legal Argument

In the early weeks immediately following your accident, when you’re feeling overwhelmed by medical appointments, tests, and treatments, your attorney is creating the foundation of your claim.

Documenting your medical records and framing them in a way that directly aligns with legal causation is critical. Your recovery is tracked just as methodically to substantiate ongoing pain and future medical needs related to your injuries.

They Create a Demand Letter That Signals Serious Intent

In the eyes of the law, there’s a difference between having information about an accident and injuries, and putting it together into a persuasive written claim (demand letter) to seek compensation for medical expenses, lost wages, and pain and suffering.

A demand package prepared by an experienced car accident attorney could mean the difference between a quick resolution and prolonged litigation. This package, sent by your personal injury lawyer to the insurance company, will contain:

Liability and fault analysis (documentation concerning who was at fault)
Accident reports (police reports)
Photos of the car accident scene and the accident location
Photos of your injury (and damaged clothes)
Witness statements
Applicable Wisconsin laws (e.g., the Vehicle Code)
Evidence of prior incidents to establish a pattern
Medical records related to your personal injury claim
Medical billing (a copy of every bill you receive for treating the injury)
Copies of your insurance and the other driver’s insurance
Documentation showing lost income, vehicle repair bills (car repairs), property damage, diminished earning capacity, and long-term care needs
References to recent jury verdicts in similar car accident cases in Wisconsin

The letter also includes a demand for a lump sum to settle your car accident claim.

They Make the Insurance Company Assess Risk

In personal injury cases, the speed at which an insurance company offers you a settlement has nothing to do with the fairness of your claim. Their driving force is cost containment.

Insurance carriers are well aware that the longer they delay, the more they will spend on claim adjusters, legal teams, and court fees. As the expenses pile up, they realize that offering a settlement now (while they can still control the payout) is far cheaper than extending the process.

If you bring in lawyer services for car accident victims to protect your right to compensation, it introduces the possibility of going to trial. The stakes suddenly rise for the insurer. Once they realize that your attorney-backed claim has real value and that you won’t back down without fair compensation, it becomes more cost effective for them to settle early and avoid the escalating costs of litigation.

Consult with a Proven Car Accident Lawyer Today

Approaching your car accident claim in serious accidents like a standard insurance claim is a mistake that could cost you a lot, especially when disputed liability or complex legal issues are involved.

Remember, insurance providers are risk-calculating entities by their very nature. They settle when they’re convinced that the financial risk of going to trial (presided over by a jury of your peers) outweighs the cost of paying you now. In a personal injury lawsuit, a jury could return a verdict that exceeds what they’re willing to pay voluntarily.

So, if your accident has resulted in injuries that have impacted your appearance, physical capabilities, or quality of life, don’t hesitate to reach out to a dedicated attorney for car accident legal advice. At Gingras, Thomsen & Wachs, our personal injury and wrongful death claim attorneys have 35+ years of experience.

We will leave no stone unturned to prove liability and pursue compensation for your injuries and losses. Call us at 855-954-1186 or contact us online to schedule a free consultation today.

June 9, 2025/by Gingras, Thomsen & Wachs, LLP

Insurance Law, Personal Injury

Can a Truck Accident Lawyer Help Me with a Wrongful Death Claim?

A wrongful death claim arises when another party’s negligence or misconduct causes an individual’s death. In truck accident cases, this could include a negligent truck driver, trucking company, maintenance provider, or cargo loader.

Financial stakes are usually far higher in commercial truck accident-related wrongful death claims compared to passenger vehicle injury claims. You want a high-powered truck accident and wrongful death legal help from a proven law firm with the ability to take on large insurance carriers and trucking companies and get you justice and compensation for the loss of your loved one.

Truck Accident Personal Injury vs. Wrongful Death Lawsuits

Personal Injury Lawsuits

These are initiated by individuals who have sustained injuries due to another party’s negligence. The injured party seeks compensation for damages such as medical expenses, lost wages, pain and suffering, and other related losses.

Wrongful Death Lawsuits

When an individual’s death results from another’s negligent or intentional actions, certain family members or representatives can file a wrongful death lawsuit. This legal action aims to compensate survivors for their losses, including loss of companionship, financial support, and funeral expenses.

Eligibility to File a Wrongful Death Claim in Wisconsin

Under Wisconsin’s wrongful death law, the following parties are eligible to file a claim in fatal truck accident cases:

Personal Representative: The individual responsible for managing the deceased’s estate.
Heirs or Beneficiaries: Typically, these include the deceased’s spouse, children, or parents.

Note that wrongful death lawsuits are civil cases, separate from any criminal proceedings that might arise from the same incident.

Statute of Limitations for Wrongful Death Claims

Wisconsin imposes time limits for filing wrongful death lawsuits:

Motor Vehicle Accidents: A wrongful death truck accident claim must be filed within two years from the date of death.
Other Incidents: For wrongful deaths not involving motor vehicles, the statute of limitations extends to three years.

Adhering to these deadlines is vital. Failure to file within the specified period can result in the loss of the right to pursue legal action.

Recoverable Damages in Wisconsin Wrongful Death Cases

Survivors may be entitled to various forms of compensation, including:

Economic Damages: These encompass medical expenses incurred prior to death, funeral and burial costs, and loss of the deceased’s expected earnings.
Non-Economic Damages: Compensation for loss of companionship, love, affection, care, and protection. Wisconsin law caps these damages at $350,000 for deceased adults and $500,000 for deceased minors.

Legal Elements in Proving a Wrongful Death Claim

To succeed in a wrongful death lawsuit in Wisconsin, the plaintiff or their truck accident attorney must establish the following legal elements:

Duty of Care: The defendant owed a legal duty to the deceased.
Breach of Duty: The defendant breached this duty through negligent or intentional actions.
Causation: The breach directly caused the death of the individual.
Damages: The death resulted in quantifiable losses to the survivors.

With the right facts and evidence, an experienced wrongful death lawyer can effectively establish negligence and causation.

Steps Our Wrongful Death Claim Truck Lawyers Take to Maximize Your Compensation

Losing a loved one in a tragic truck accident is devastating. At Gingras, Thomsen & Wachs, we understand that no amount of compensation can replace your loss, but a wrongful death claim can help ease the financial burden and provide justice for your loved one. Here’s how our truck accident wrongful death attorney will handle your case with diligence, compassion, and relentless legal advocacy.

Listen to Your Account with Care and Compassion

We believe in building strong attorney-client relationships based on trust, empathy, and clear communication. From the moment you contact us, we will listen to your account of the tragic event with sensitivity and patience. We recognize that this is a difficult and emotional time, and our legal team will ensure that you feel heard and supported throughout the process.

At Gingras, Thomsen & Wachs, we provide more than just legal representation. Our personal injury lawyers will:

Offer compassionate guidance on your legal options.
Explain the wrongful death claims process in Wisconsin in clear, understandable terms.
Provide emotional reassurance and help you make informed decisions during this challenging time.
Keep you updated on every development in your case.

We’re not just determined truck accident attorneys—we’re your advocates, allies, and protectors in your pursuit of justice.

Move Fast to Collect and Preserve Evidence

The trucking industry is heavily regulated, and truck accident evidence can disappear quickly if immediate action isn’t taken. Our experienced wrongful death attorneys move fast to collect and preserve crucial evidence before it’s destroyed or altered. We will:

Issue a spoliation letter to trucking companies, requiring them to preserve critical evidence such as driver logs, electronic data recorders (black box data), and truck maintenance records.
Seek a court order if the trucking company refuses to comply with evidence preservation.
Collect various forms of evidence, including:
- Police reports and crash scene photos/videos.
- Truck black box data, which records speed, braking, and other key information before the crash.
- Traffic camera or dashcam footage from the truck or nearby vehicles.
- Witness statements from those who saw the crash occur.
- Toxicology reports to determine if the driver was intoxicated.
- Trucking company records, including maintenance logs, hiring practices, and safety policies.
- Medical records of your loved one’s injuries and treatment.
- Accident reconstruction reports to determine how the crash happened.

By acting swiftly, we prevent the trucking company and insurers from tampering with or erasing evidence that could prove liability.

File a Wrongful Death Claim and Issue a Strong Demand Letter

Wrongful death lawsuits in Wisconsin involve complex legal procedures, and our experienced truck accident attorney will ensure that everything is done correctly. We will:

Prepare and file your wrongful death claim in compliance with Wisconsin laws.
Identify all liable parties, including the truck driver, trucking company, vehicle manufacturer, cargo loaders, and other third parties.
Calculate the full extent of your damages, including medical bills, funeral costs, lost income, and loss of companionship.
Issue a demand letter to the trucking company’s insurance provider, detailing the negligence that led to your loved one’s death, the devastating impact the accident has had on your family, and the compensation amount you deserve

A well-crafted demand letter sets the stage for serious negotiations and demonstrates that we’re prepared to take your case to court if necessary.

Shield You from the Unfair Tactics of Insurers and the Trucking Company

Insurance companies and trucking corporations will do everything in their power to minimize or deny your claim. Their tactics often include:

Shifting blame onto your deceased loved one, falsely claiming they were responsible for the accident.
Pressuring you to accept a lowball settlement, hoping you’ll take less than you deserve.
Delaying the claims process to frustrate you into giving up.
Denying liability by arguing the accident was an “unavoidable event.”
Challenging the cause of death by disputing medical records.

Our attorneys know these tactics inside and out and will aggressively counter them to protect your rights. We will not let the insurance company take advantage of your grief.

Engage in Aggressive Negotiations to Secure the Maximum Settlement

At Gingras, Thomsen & Wachs, we negotiate from a position of strength, backed by irrefutable evidence. Our goal is to achieve the highest possible settlement for your family.

We will:

Present compelling evidence that proves the truck driver’s and trucking company’s negligence
Demonstrate the full financial and emotional impact of your loved one’s death
Refuse to accept any settlement that does not adequately compensate your family for your loss
Leverage our reputation as skilled trial attorneys to make insurers take your claim seriously

We fight for maximum compensation, and we will not back down under pressure.

Prepare for Trial from Day One to Gain Powerful Negotiating Leverage

While we aggressively pursue a fair settlement, we prepare every case as if it will go to trial. Our trial-ready approach may include:

Hiring accident reconstruction experts to prove how the crash occurred
Consulting medical experts to testify about your loved one’s injuries
Bringing in financial analysts to calculate long-term financial losses
Conducting mock trials to refine our courtroom strategy

By demonstrating that we’re prepared to take your case to court, we put pressure on the insurance company to settle for the full and fair amount.

Our Battle-Tested Truck Accident Lawyers Are Ready to Represent You

At Gingras, Thomsen & Wachs, we’re fearless trial attorneys who have won multi-million dollar settlements and verdicts for families like yours in wrongful death cases. Reach out to us today, and let us help you hold the negligent parties liable for maximum damages while you focus on healing. To schedule your free consultation, call us at 855-954-1186 or contact us online.

May 12, 2025/by Gingras, Thomsen & Wachs, LLP

Insurance Law

Wisconsin Insurance Laws to Protect Policyholders

Policy Protection Laws in Wisconsin: What Insurance Companies Can and Can’t Do to Make a Buck

No matter what type of insurance company you’re dealing with—health, car, homeowner, etc.—they’re all out to make a profit. Although they may convince you that they have your well being in mind, the fact of the matter is that they can’t exist if they don’t make a profit. And where do their profits come from? You.Often enough, insurance companies will act like your best friend as long as you keep paying for coverage. As soon as you stop being profitable and actually need compensation, they’ll suddenly become your worst nightmare.

Insurers Knock You Down and Rummage Through Your Pockets… Almost

Insurers are geniuses at bending the rules, manipulating facts, and cleverly misinterpreting contracts in order to deny claims. However, when you purchase an insurance policy you enter into a contract that states that you’ll pay to ensure coverage as long as the insurer will actually cover damages when and if needed. Why doesn’t this contract limit insurer denials?

Unfortunately, because the majority of policyholders aren’t familiar with insurance laws, companies still get away with manipulation to lure in new policyholders, to terminate claims unjustly, and pay out lowball settlements—even though laws are in place precisely to prevent such abuses.

This is why it is extremely important not only to know what insurance companies can and can’t do with your claim, but also to know whom to turn to when your insurer attempts to take advantage of your insurance law inexperience.

Keeping Insurers Honest: Wisconsin Insurance Laws Limit Foul Play

Every state has various insurance laws which regulate how insurance companies can (and can’t) deal with policyholders and claim settlements. The Wisconsin statutes have a specific section on insurance marketing which provides guidelines and definitions of unfair practices. If your insurance company commits any of these acts, by law you’re entitled to sue for breech of contract.

The three laws most often bent are these:

Misrepresentation. Insurers are forbidden to intentionally give false information or misinterpretations of contracts to policyholders or potential policyholders; this includes false or misleading information, information that is misleading because of incompleteness, reports filed with intent to deceive a person examining it, and making a false entry in a record (or willfully failing to make a proper entry).
Improper inducements. These are bribes. Insurers must refrain from seeking to encourage potential policyholders into entering into an insurance contract (or terminating an existing insurance contract) by offering benefits not directly specified in the new policy. In addition, insurers cannot make any agreement or promise that is not clearly expressed in the policy to be issued.
Unfair discrimination. Insurers may not discriminate among policyholders by charging different premiums or by offering different terms of coverage unless the policy is included within a group or franchise. Rates are not considered unfairly discriminatory if they are averaged broadly among persons insured under a group, blanket or franchise policy. In addition, coverage cannot be determined by physical or mental disabilities, and conditions of the policy can’t change due to physical or mental changes of the policyholder.

At GCW, our experienced insurance lawyers take on our clients’ burdens and we work to alleviate the pressure brought on by insurance company bad faith and misconduct. Contact us if you have questions. We can help.

Faith or Con Game? You Decide

Given the potential manipulation of clients as well as the ease in which an insurer can deny your claim, do you think insurance companies should be monitored more closely by the Better Business Bureau? Should there be some way to guarantee proper settlements before purchasing a policy, instead of relying on good faith? What is your opinion about underhanded insurance tactics? Do you have firsthand experience of an insurer taking advantage of contractual obligations?

May 11, 2016/by Gingras, Thomsen & Wachs, LLP

Insurance Law

Direct Action Against Insurers & Corporate Officer Liability

Wisconsin Supreme Court Addresses Direct Action Against Insurers & Corporate Officer Liability

The Wisconsin Supreme Court decided Casper v. American International South Ins. Co., 2011 WI 81 (July 19, 2011), no longer requiring a liability insurance policy to be delivered or issued for delivery in Wisconsin for a party to sue an insurer directly, as long as the accident or injury occurs in Wisconsin. Additionally, the Court refused to completely bar claims for personal liability against corporate officers for negligent acts committed in the scope of employment.

August 3, 2011/by Gingras, Thomsen & Wachs, LLP

Insurance Law

WI Supreme Court Expands Reach of Insurance Doctrine of Bad Faith

Insured Can Sue Carrier Even If Judgement Exceeds Limit for Damages

WI Supreme Court Insurance Doctrine Bad Faith

Where an insurance carrier has control over the claims process and defense, an insured can sue the carrier on a claim of bad faith even if a judgment does not exceed the policy’s limit for damages, the Wisconsin Supreme Court recently held.

In Roehl Transport, Inc. v. Liberty Mutual Insurance Co., 2010 WI 49 (June 22, 2010), Roehl Transport (Roehl) sued its insurance carrier Liberty Mutual (Liberty) on claims of bad faith arising from a personal injury suit against Roehl.In the personal injury suit, a jury awarded Arthur Groth $830,400 for injuries sustained when a Roehl truck rear-ended Groth’s car. The verdict was within the $2 million covered by Roehl’s insurance policy with Liberty, but cost Roehl its $500,000 deductible.

June 23, 2010/by Gingras, Thomsen & Wachs, LLP