What to do After an Accident or Injury

Car wrecks can be frightening. In Wisconsin, bad weather and road construction can cause backups on the highway that might lead to a car accident. If you’re injured in a car accident there are simple things you can do to ensure your safety and coverage of the crash. Here are a few helpful tips to know about car accidents.

Take Notes

First, write down everything you can about your accident, including details of your injuries and their effect on your daily life. Your notes can be useful when putting together a case for compensation. Our memories are not always reliable so it’s important to note specific details of the accident. Be sure to write on the notes, “For my attorney”, which will make it harder for the insurance company to access these notes later on. Get into the habit of taking notes on anything you think might possibly affect your personal injury claim and carry it through the entire claims process. Make sure you always have a pen and paper with you so you can write down your notes as things happen.

Be sure to take specific notes about:

The Accident

Once you’ve calmed down, write down everything you can about how the accident happened. Start with what you were doing, where you were going, the people you were with, the time and weather. Include every detail of what you saw, heard, and felt during and right after the accident. Also, include anything you remember hearing about the accident. And remember, every separate entry should include the phrase: “For my attorney”.

Your Injuries

In the first days following your accident, make daily notes of the pain and discomfort your injuries cause. In addition to pain and discomfort, you may experience anxiety, loss of sleep, or other problems which are not visible, but for which you should demand additional compensation. If you don’t make specific note of them, you may not remember exactly what to include in your demand for settlement weeks or months later. Also, taking notes will make it easier for you to describe the severity of your pain to the insurance company.

In addition, writing down your different injuries may help your doctor diagnose you. A bump on your head may seem insignificant now, but it could develop into something more severe down the road. It is important to tell your doctor about all of your injuries so they’re documented in your medical records.

Economic or Other Losses

You may be entitled to compensation for economic and social loss in addition to pain and suffering, but you will need good documentation to prove this. Begin making notes immediately after the accident about anything you have lost because of the accident and your injuries. This includes:

Work hours
Job opportunities
Meetings/classes
Social events
Family gatherings
Vacation
Anything else you would have normally done, but were unable to do so because of your accident.

Be sure to keep receipts, where applicable.

Conversations

Make written notes of the date, time, people involved, and content of every conversation you have about your accident or your claim. Conversations you have with any witnesses, adjusters, other insurance representatives, or with medical personnel are important to document.

Next Steps

Hiring an experienced personal injury lawyer after you’ve been in an accident is important. Every attorney at Gingras, Thomsen & Wachs, LLP is experienced in Wisconsin personal injury law and will tirelessly fight for each and every dollar of compensation that you deserve. Contact us today.

March 6, 2019/by Gingras, Thomsen & Wachs, LLP

Personal Injury

How Much is a Personal Injury Case Worth?

If you’re considering filing a personal injury lawsuit over a car accident, slip and fall, or any other kind of injury, you may be wondering “What is my case really worth?” The answer comes down to “damages” — figuring out what your injuries have cost you monetarily, physically, and emotionally.

In a personal injury case, money damages are paid to an injured person by the person or company who is found to be legally responsible for the accident. A damage award can be agreed upon after a negotiated settlement — among the parties, their insurance companies, and their attorneys, for example — or may be ordered by a judge or jury following a court trial.

Compensatory Damages in Personal Injury Cases

Most personal injury damages are classified as “compensatory,” meaning that they are intended to compensate the injured person for what was lost due to the accident or injury. A compensatory damages award is meant to make the injured person “whole” again from a monetary standpoint (to the extent that’s possible). They include:

Medical treatment. Personal injury damages awards almost always includes the cost of medical care associated with the accident — reimbursement for treatment you’ve already received and compensation for the estimated cost of medical care you’ll need in the future because of the accident.
Income. You may be entitled to compensation for the accident’s impact on your salary and wages — not just income you’ve already lost but also the money you would have been able to make in the future, were it not for the accident. In personal injury cases, a damage award based on future income is characterized as compensation for an accident victim’s “loss of earning capacity.”
Property loss. You’ll likely be entitled to reimbursement for repairs or compensation for the fair market value if any vehicles, clothing, or other items were damaged or lost as a result of the accident.
Pain and suffering. If you experienced any pain and/or serious discomfort during the accident and in its immediate aftermath, you may be entitled to compensation.
Emotional distress. Usually linked to more serious accidents, emotional distress damages are meant to compensate a personal injury plaintiff for the psychological impact of an injury — including fear, anxiety, and sleep loss. Some states consider emotional distress as part of any “pain and suffering” damage that is awarded to a personal injury plaintiff.
Loss of enjoyment. When injuries caused by an accident keep you from enjoying day-to-day pursuits like hobbies, exercise, and other recreational activities, you may be entitled to receive “loss of enjoyment” damages.
Loss of society and companionship. This typically relate to the impact the injuries have on the plaintiff’s relationship with their spouse or minor children. For example, if an injured parent cannot play catch with his or her child, that is a loss that can be compensated. In fact, the family members might have claims of their own for the loss. These are called “derivative claims.”

Punitive Damages in Personal Injury Cases

A personal injury victim may be awarded punitive damages on top of any compensatory damages award in cases where the defendant’s conduct is deemed outrageously careless. Punitive damages are awarded to the injured person, but the real goal is to punish the defendant for its conduct — to “hit them in the pocketbook,” so to speak — and to act as a deterrent. In Wisconsin, punitive damages are capped at twice the amount of compensatory damages or $200,000, whichever is greater. Punitive damages are rarely awarded in negligence cases.

Take Care of Yourself

It’s important that you follow your doctor’s treatment plan and recommendations when you’re recovering from an accident. If you’re able to return to work, do so. And if your doctor recommends physical therapy, go to physical therapy. Failure to follow your doctor’s orders could potentially weaken your case and lower the amount of damages you receive.

Contact a GCW Personal Injury Lawyer

Our team is dedicated to helping you get the compensation you deserve. If you have any questions about the deadlines for filing a personal injury claim, or if you have any other questions about your rights to compensation for your injury, please contact us at GCW. We would be glad to help. Call us toll-free at 888-357-7661 or send us your contact information on our website.

February 14, 2019/by Gingras, Thomsen & Wachs, LLP

Personal Injury

Pedestrian Safety Tips

Almost 6,000 pedestrians are killed each year in traffic accidents in the U.S. Often, it’s because drivers are negligent. Distracted driving and speeding are rampant and present a serious danger to pedestrians. Whether you are out for a run, walking your dog, or going for an after-dinner stroll, you can protect yourself by following these simple safety tips:

Follow the Rules of the Road That Apply to Pedestrians

Wisconsin has laws regulating what pedestrians can and cannot do. These are common-sense rules that help keep you safe. They include:

If there is a traffic light, cross on the green or the “Walk” sign. Don’t start walking while the signal says “Don’t Walk.” However, if you start on “Walk,” and the signal changes to “Don’t Walk” before you are all the way across, you can continue to the other side or to a safety zone.
If you cross at an intersection or crosswalk where there is no traffic light or traffic officer, you have the right of way over the vehicles on the road — but only if you cross safely. Never walk or run suddenly into the path of an oncoming vehicle that is so close it may have trouble stopping in time.
If you cross the road outside of a crosswalk, then the vehicles, not you, have the right of way. You must yield to oncoming traffic.
Use sidewalks where available. For example, you should jog on a sidewalk, not the road, where possible.
If you walk on the side of a road, walk on the left side. When cars approach, move as far to the left on the road as you can.

Pay Attention!

You can significantly increase your safety just by paying attention to what is going on around you. Be especially mindful when crossing the street because that’s when 58 percent of pedestrian-vehicle collisions happen. Make eye contact with drivers when possible.

It’s hard to stay alert if you are impaired by alcohol or drugs. If you are drinking or otherwise impaired, get a lift from a sober friend or take a cab or public transit, where available.

Be Extra Careful After Dark

Now that the days in Wisconsin are so short, you may be out walking more often after dark.

Light colored clothing, reflective clothing, and LED lights will help make you more visible.
You are easier to see when you walk on the left side of the road, facing oncoming traffic.
No matter what you wear or where you are walking, never assume that drivers can see you. Be careful!

Contact Gingras, Thomsen & Wachs, LLP

If you follow these tips, you can significantly decrease your chances of being hit by a vehicle. However, you can only control your own behavior, not that of drivers. If you or a loved one are ever involved in a pedestrian-vehicle accident, you may have the right to compensation for your injuries. Gingras, Thomsen & Wachs, LLP can help. Contact us for a free consultation.

February 4, 2019/by Gingras, Thomsen & Wachs, LLP

Personal Injury

School Bus Accidents – Can I Sue as a Parent?

School bus accidents may be rare, but they can be devastating. When you send your child off to school, you expect your child to be safe. You expect the buses to be well-maintained and the drivers to be careful.

Sometimes, the bus driver is at fault. In a recent Wisconsin school bus accident, investigators found the bus driver ran a stop sign, collided with a pickup truck, and ended up in a ditch. Three high school bowling team members were injured.

Most of the time, collisions involving school buses in Wisconsin are not the bus driver’s fault but are the fault of the driver of the other vehicle.

You Can Sue on Your Child’s Behalf

If you are the parent or legal guardian of a child who was injured in a school bus accident, you can sue on your child’s behalf if your child is under 18. You may be able to get compensation for medical expenses and other costs related to the injury.

Who Can You Sue?

The question of who you can sue for a school bus accident may be complicated. It’s a good idea to talk to an experienced Wisconsin personal injury lawyer about what you should do in your specific situation. In general, you may be able to sue some of these people or organizations, depending on who or what caused the accident:

The other driver. If the accident was a collision between the school bus and another vehicle, in the majority of cases, the driver of the other vehicle is found to be at fault for causing the accident.
The bus driver. You can sue the school bus driver if the driver’s negligence caused or contributed to the accident. School bus drivers are responsible for being very careful about the safety of students riding the bus. They might also be legally responsible if a student gets hurt while getting on or off the bus.
The school bus company. Like school bus drivers, the owners of the school bus must also use a high standard of care.
The school district. If the school district’s negligence caused or contributed to the accident, you may be able to sue the district. However, there are special laws in Wisconsin that apply when you sue a state agency or state employees for personal injury. This is a complex area of the law, and you should consult an experienced Wisconsin personal injury lawyer to find out more.
The manufacturer of the bus. If the bus was defective, you may be able to sue the manufacturer.

Contact Gingras, Thomsen & Wachs, LLP

It’s a terrible thing when a child gets injured in a school bus accident. Here at Gingras, Thomsen & Wachs, LLP, we are dedicated to helping parents get all the compensation they are entitled to on their child’s behalf. We want your child to have all the treatments he or she needs to have the best recovery possible. Please contact us for a free consultation in our Madison, Milwaukee, Waukesha or Eau Claire offices.

January 23, 2019/by Gingras, Thomsen & Wachs, LLP

Personal Injury

Statute of Limitations for a Child Involved in a Personal Injury Claim

If you are injured in an auto collision, you may be able to file a personal injury claim. You can only do that for a certain period of time. If you miss the deadline, it will be too late. In general, the deadline to file a claim is three years after the accident. When a child is hurt, though, the law is different.

A Minor Can File a Personal Injury Claim for Up to Two Years After Turning 18

When a child under the age of 18 gets hurt in an accident due to someone else’s negligence, the child’s parent or guardian can file a personal injury lawsuit on the child’s behalf. When the child turns 18, then he or she can file his or her own lawsuit.

In Wisconsin, the usual deadline, called the “statute of limitations,” is different for children than for adults. Wisconsin law provides that children under 18 who are injured in an accident can file a personal injury claim at any time until two years after they turn 18. In other words, they can file until they reach age of 20.

Why Is the Deadline Different for Children?

The reason for this law is to give children a chance to decide for themselves if they want to sue for personal injury. For example, say a 12-year-old child got injured in a car accident. Because the child is under 18, she can’t decide on her own to file a lawsuit. Her parent or guardian would have to file on her behalf.

But say her parents don’t want to file a claim for her. At that point, there is nothing the child can do. However, when she turns 18, then she can file a claim for herself. So, the law’s extended statute of limitations for children gives her two years after she reaches 18 to decide whether or not she wants to sue for the injuries that resulted from the accident that happened when she was 12.

There are some exceptions to this law. For example, it doesn’t apply when the claim is against a doctor. There are other exceptions too, so it’s a good idea to talk to a personal injury attorney to find out how the law applies in your particular circumstances.

Don’t Miss Your Deadlines!

The law is very strict about when you are allowed to file a personal injury claim. It’s important that you don’t lose your opportunity to get compensation for your injuries. You may be entitled to compensation for medical expenses, loss of income, and pain and suffering. An experienced personal injury lawyer will make sure that you meet all the deadlines and that all the details are properly taken care of.

Contact a GCW Personal Injury Attorney

At GCW, we are dedicated to helping you get the compensation you deserve. If you or a loved one have been injured in an accident, contact us to learn more about how we can help.

January 18, 2019/by Gingras, Thomsen & Wachs, LLP

Personal Injury

My Child Was Injured Playing a High School Sport – Can I Sue?

High School Sports

It’s every parent’s nightmare. The school calls, telling you your child was injured during football or lacrosse practice and has been taken by ambulance to the nearest hospital.

As you rush across town, adrenaline surging, you hope it’s not as bad as you imagine. Your child’s safety is all you can focus on.

Later, however, when the child is on the mend, a different nightmare sets in: piles of medical bills, rehab appointments, days you can’t afford to take off from work. The long-term effects of the accident could haunt you and your child for years to come.

And you can’t help but wonder — Is there anything the school might have done to have prevented this from happening?

When Can I Sue the School for Negligence?

The concept of sovereign immunity grants state, county, and town agencies broad — but not total — immunity from lawsuits. It also imposes stricter regulations on those who do file suit. In Wisconsin, for instance, you must notify the government in writing within 120 days of the event that caused the injury. If you don’t meet this time limit, you typically cannot file a claim.

Public schools districts, which are considered a local government municipality, typically fall under sovereign immunity, making it more difficult not only to file suit but to prevail in court. Sovereign immunity also places limits on the amount you can recover even if you win a case.

Sometimes sovereign immunity is not the only obstacle to recovery. Government officials also enjoy discretionary immunity. In other words, to win a case, an injured person must prove that a government official violated a “ministerial duty.” In other words, if the government official was allowed discretion in how he or she performed her duties, an injured person is barred from recovery.

Nevertheless, there are some instances when you can sue a school.

Premise Liability

This is a fancy way of saying that the school contributed to your child’s injury by creating an onsite hazard, such as a puddle or sidewalk crack, that caused the accident and subsequent injury to take place. Plaintiffs often use premise liability to file suit against private homes and businesses. However, due to sovereign immunity, the bar could be higher in the case of a school district. You might not be able to sue unless you can prove gross contributory negligence.

Professional Standard of Care

Far more often, successful civil lawsuits brought again schools focus on lapses in the “professional standard of care.” Society holds school officials, teachers, and coaches to a higher level of care than the “reasonable” standard it applies to individuals in private life. A school employee must perform their supervisory duties as well as any other person with the same level of education, experience, and training; otherwise, the court can find them negligent.

Was Your Child Injured Playing High School Sports?

Sometimes accidents are no one’s fault. But when negligence contributes to your child’s injury, the Wisconsin attorneys at GCW are on the case. Our team of skilled, compassionate lawyers will treat you with the utmost respect while working diligently to get you the settlement your family needs to move forward. Contact us for a free consultation to see if you can sue your child’s school for contributory negligence.

October 4, 2018/by Gingras, Thomsen & Wachs, LLP

Personal Injury

I Was Involved in a Farming Accident – What Are My Rights?

Farming Accdient

Farming is a dangerous occupation, and injuries are common. Every day, about 100 people working on farms are injured badly enough to lose time from work. Every year, more than 400 people die from farming accidents. Tractor rollovers are the most common cause of fatal accidents.

If you were hurt in a farming accident, you may have the right to compensation for your medical expenses and for your lost income.

Farming Accidents When You Are an Employee of the Farm

In many jobs, if you are injured while working, you can get Workers Compensation. However, in Wisconsin, not all farms have to carry Workers Compensation Insurance. Only farms that have at least six employees who each work at least 20 days per year are required to offer Workers Comp.

If you are entitled to Workers Compensation, then you may be eligible for payment for many expenses and losses related to your accident. These include —

Medical bills
Mileage used for getting to medical appointments
Medication
Disability benefits if you are temporarily unable to work your full schedule or if you are permanently disabled

If you are injured while working on a farm, you should be sure to tell a supervisor right away. This will help make sure that your legal rights are protected and that your Workers Comp payments are not delayed.

If the farm where you work does not have Workers Compensation Insurance, you may be able to sue the farm to get compensation for your injuries.

The lawyers at GCW can help you apply for Workers Compensation or evaluate your situation to see if a lawsuit would be helpful.

Farming Accidents When You Are Not an Employee

If you are a relative of the farmer or another person who is helping out with the farm work, but you are not an employee, you have rights too.

If machinery or equipment is defective, you may be entitled to compensation if you get hurt because of the defect. For example, if you were hurt while driving a tractor, and it turns out the tractor had a manufacturing defect, then you may be able to sue the manufacturer.
If you got hurt because another person on the farm did something negligent, you may be able to sue that person.

Investigation Needed

Whether you are an employee of the farm or not, it is important that your accident is properly investigated. A thorough investigation will find out what caused the accident, whether anyone was negligent, and whether any equipment, machinery, or vehicles were unsafe. At GCW, we will look out for your rights throughout the investigation. If you are entitled to compensation, we will fight for you to get everything the law allows. Contact Gingras, Thomsen & Wachs, LLP for a free consultation to find out more.

October 2, 2018/by Gingras, Thomsen & Wachs, LLP

Personal Injury

What To Do if Someone You Know is Injured or Killed By a Drunk Driver

Wrongful Death

If a loved one is injured or killed by a drunk driver, you have rights and may be able to recover a financial award. While this won’t heal your family member sooner or bring him or her back, you will have the money to help with any medical expenses, funeral expenses and for the loss of a family member if he or she dies. While dealing with this major change and the grief that comes along with it is first and foremost, you should also contact a personal injury attorney as soon as you feel able.

The Criminal Case

In a drunk driving injury or death case, the police and the District Attorney will conduct an investigation and probably press charges against the drunk driver. The information the police collect in the report will represent important evidence in the civil claim. A lawyer is in the best position to go about collecting that information.

If you were a passenger in the vehicle or otherwise witnessed the incident, the police will probably want to talk to you. Be honest and forthright with the police as you talk. Everything you tell the police will be recorded, and it could potentially be used in a later civil trial. The same thing is true of testimony you might give in the criminal trial.

The Civil Case

In addition to the criminal case, the victims of the drunk driver can bring a civil lawsuit against the drunk driver and his or her insurance company. A civil case can go forward no matter what happens in the criminal case. More often than in other auto negligence cases, the drunken driver either does not have auto insurance, or has a very low limit. In those cases, the injured party can bring a claim against that party’s own insurance company pursuant to the Underinsured Motorist or Uninsured Motorist protection of the policy.

If the victim of the drunk driver is killed, special rules apply about who is able to bring a civil lawsuit on behalf of the victim. The family should contact a personal injury lawyer for more information.

Contact a Wrongful Death Personal Injury Attorney

When you try to do too many things under the stress of a seriously injured or deceased relative on your own, you are bound to miss something. Instead, let a personal injury attorney handle the claim against the drunk driver. Let the Gingras, Thomsen & Wachs, LLP handle the legal aspects of the case while you grieve and heal. No lawsuit can ever truly compensate a family for the loss of a loved one, or make up for a life destroyed by physical injury, but the Gingras, Thomsen & Wachs, LLP will do everything they can to get the best resolution to the case, and help you get compensation for your suffering.

Contact Gingras, Thomsen & Wachs, LLP if your loved one has been injured or died as a result of a crash caused by a drunk driver.

September 21, 2018/by Gingras, Thomsen & Wachs, LLP

Personal Injury

Who’s Responsible If Your Child Gets Hurt on the Playground?

Playground

One minute you’re sitting on a park bench talking to the other parents while your kids horse around on the neighborhood playground. The next minute, in a blink of an eye, your child is lying on the ground, screaming.

While getting your child medical attention has to be your top priority, once that is taken care of, you’re bound to have questions.

How did this happen? Was it a simple accident, or did some flaw in the playground equipment, its maintenance or its assembly cause your child’s injury?

Who Is Responsible When Your Kid Gets Hurt on the Playground?

The answer depends on certain variables.

Generally speaking, the owner and / or the caretaker of the playground is responsible for injuries that occur on the playground. There are lots of exceptions, however. A private owner can claim “recreational immunity.” The law prohibits a claim of negligence against a private landowner who opens his or her property up to recreation by the general public. (There are exceptions to recreational immunity as well). Even if recreational immunity does not apply, the principle of “contributory negligence” would apply. In other words, in determining who was at fault, the Court would compare the negligence of the playground owner with the negligence of the injured party or other parties, like the parents.

If the playground is owned by a government entity, yet another type immunity would apply. The government is entitled to “discretionary immunity,” which says that unless the government acts negligently because it broke a specific rule, as opposed to simply using bad judgment, the injured person cannot bring a negligence lawsuit. But as with recreational immunity, there are exceptions to discretionary immunity.

Regardless of who owns the playground, if the injury is caused by another person, there might be a claim against the person who caused the injury. For example, if someone brings his or her dog to the park, and the dog escapes and bites your child, the dog owner could be liable for the injuries caused by the dog.

Finally, the manufacturer of the playground equipment might be at fault. If the injured person can prove the piece of equipment was faulty, either as an individual product or as a design flaw, the injured person might be able to bring a lawsuit.

GCW Can Help

As you can see, the law that applies to playground injuries is very complicated. If your child is injured on a playground, it makes sense to talk to a lawyer. The compassionate, hard-working, and dedicated attorneys at GCW can help you and your family determine whether you have grounds to file a personal injury lawsuit after your child suffers an injury on the playground. Contact us today for a free consultation. We’re here to help you get the answers you need.

September 12, 2018/by Gingras, Thomsen & Wachs, LLP

Personal Injury

Who is Liable When a Water Park Accident Occurs?

Water Park

Water parks have been popular destination points for children and adults alike since they were first introduced in the mid-twentieth century. With dozens of outdoor and indoor water park attractions in and around Wisconsin Dells, it’s no wonder Wisconsin is known as the “Water Park Capital of the World.”

For a majority of the tens of thousands of people who visit the Dells every year, water parks provide a fun and refreshing way to enjoy the summer sunshine (or a way to escape cold, snowy weather by visiting an indoor water park). Unfortunately, water park visits can result in serious injuries or even death.

If you or a loved one was the victim of a water park accident, do you have any legal recourse? The short answer is “maybe.” When a water slide or other park feature injures someone or when a drowning occurs, victims and their loved ones may be able to recover compensation. Determining who is responsible for the accident isn’t always simple; there could be several possible responsible parties.

The Park Owner/Operator’s Responsibility

In many cases, the owner of the water park is responsible when an accident occurs, under the legal theory of “premises liability.” The owner of the property has a legal responsibility to patrons to provide safe premises for water park guests. This means they must ensure pools, equipment, rides, locker rooms or changing areas, food courts, and other areas are maintained in a manner that makes them safe, keeping them free of hazards that could injure park visitors.

Ride Operators or Other Employees May Be Responsible

Sometimes a water park employee may also be partially or fully responsible for injuries, such as when he or she acted with intentional disregard for safety or was otherwise negligent in carrying out their responsibilities.

Depending on the facts and circumstances of your case, both the water park’s owner and one or more employees may share liability for the accident.

Guests’ Responsibility

When an accident happens, it’s natural to want to hold the park owner or an employee legally responsible. In some cases, however, injured waterpark guests cannot hold anyone liable for accidents.

There’s an assumption that when you use a water park, you understand the inherent danger or risk of becoming injured. If you’re injured because you didn’t follow the water park’s rules, you may have what’s referred to legally as “contributory negligence.” Essentially, this means you may not have a legal case.

You may have also signed a liability waiver when you entered the park. However, don’t assume that just because you signed something you don’t have a legal case – you may still have legal rights. A personal injury attorney can help advise you on the likelihood that a court will uphold a liability release form.

An Experienced Water Park Accident Attorney Can Evaluate Your Case

At GCW, our skilled personal injury attorneys help clients who have been injured themselves or whose loved ones were injured or killed in Wisconsin water park accidents. Whether an injury involved lacerations, neck or back pain, broken bones, concussions, spinal cord injuries, near-drowning, other injuries, or the victim drowned, you may be entitled to compensation under Wisconsin law. Our Milwaukee injury law representation works alongside our Eau Claire, Madison, and Waukesha teams to help victims pursue justice. Contact us today to schedule a free case evaluation.

August 7, 2018/by Gingras, Thomsen & Wachs, LLP

Personal Injury

What To Do If You’re In An Accident With An Uninsured Motorist

Uninsured Motorist

Being involved in an accident can be an awful feeling, especially when it’s not your fault. It can be even worse when you learn that the other driver didn’t have any auto insurance (or didn’t have enough coverage) to pay for the damage to your vehicle and your medical expenses.

Minimum levels of auto liability coverage are mandatory in Wisconsin. However, there are still some drivers on our roadways without coverage. And, because health care costs are rising, even those minimum liability coverage levels may not be enough to protect you if a serious injury accident occurs. This doesn’t necessarily mean that you won’t be able to recover compensation after an accident.

Understanding Uninsured/Underinsured Motorist Coverage

Wisconsin insurance laws require motorists to purchase minimum amounts of uninsured motorist coverage. This is coverage you pay for as part of your own auto insurance policy. It is designed to pay for the cost of your medical treatment and other losses, as well as for the damage to your vehicle, up to the limits specified in your policy, if you are involved in an accident with an uninsured driver.

An Uninsured Motorist Lawyer May Help You Recover Damages

When you are in an accident with an uninsured motorist, you may benefit from hiring an uninsured motorist attorney to represent you. Here’s why: Insurance companies typically want to pay out as little in claims as possible.

If you are too quick to accept a settlement from your insurance company, you may not receive enough money to fully cover your medical care, pain and suffering, lost wages, rehabilitation, and the repair or replacement of your vehicle. Your attorney can work to help you obtain the full benefit of your uninsured/underinsured motorist coverage. Sometimes, this means filing a lawsuit against the insurance company to prove it is in the wrong for denying a claim.

When accident victims can prove through evidence that the other driver was at fault for the accident and that the victim suffered losses because of it, they may be able to recover compensation from the responsible party. A Wisconsin attorney who handles personal injury matters can help you determine if it makes sense to pursue a lawsuit against your insurance company or against the responsible driver. If so, they can work to develop a legal strategy designed to help you get a fair settlement.

Steps to Take After an Accident with an Uninsured Motorist

Although it can be tempting, don’t accept cash from the other driver at the scene of an accident. Instead, insist on exchanging contact information if the other driver indicates they don’t have auto insurance.

You should also file a police report. The police report serves to formally document the accident, helping bolster your claim that the responsible driver was uninsured.

Next, talk to an uninsured motorist attorney who can help you through the insurance claim process, and help you determine if additional legal action is warranted.

Contact Gingras, Thomsen & Wachs, LLP

When you’re in an accident, the last thing you want to worry about is insurance companies or dealing with the hassles of someone who isn’t covered by insurance. The personal injury and uninsured motorist attorneys at GCW are skilled at pursuing cases against auto insurance companies and uninsured drivers. To learn more, contact the firm in Madison, Milwaukee, or Eau Claire today to schedule a free case review.

July 24, 2018/by Gingras, Thomsen & Wachs, LLP