Tag Archive for: personal injury

School Bus Accidents – Can I Sue as a Parent?

School Bus Accident

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.

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

Personal Injury Child

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.

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I Was Injured In An Uber/Lyft – Can I Sue?

Uber Accident

Ridesharing and using services like Uber and Lyft have become a frequent mode of transportation for many Wisconsin residents. Unfortunately, as the number of people using rideshares has increased, so has the number of car accidents involving ridesharing vehicles. If you were injured as a passenger in an Uber or Lyft ride, you may be entitled to compensation for your injuries.

Passenger Rights After a Rideshare Accident

When you choose a rideshare service, you trust that the vehicle you are in is well-maintained and that you will arrive at your destination safely. Of course, auto accidents can happen any time. When they do, you could find yourself needing both immediate and long-term medical care. You could also find yourself unable to work because of your injuries.

Whether the accident was the Uber or Lyft driver’s fault, or another driver’s fault, you should not have to pay your own medical expenses for injuries stemming from the accident. You may either be entitled to claim damages under the liability insurance policy provided by the ridesharing company or obtain compensation from the other (non-ridesharing) driver’s insurance policy, or both.

Ridesharing companies require their drivers to have personal auto insurance policies that comply with Wisconsin law, but they also provide up to $1 million of auto liability coverage designed to protect passengers. This means that if an Uber or Lyft driver is responsible for causing an accident that injures a passenger, the ridesharing company’s insurance policy should cover medical expenses and other costs related to the accident. Some ridesharing drivers also choose to purchase their own commercial liability insurance policies.

Steps to Take After an Injury Accident in an Uber or Lyft Ride

If you were involved in an accident during an Uber, Lyft, or other rideshare service ride, you should take the following steps:

  1. Seek medical attention. Even if you don’t think you were seriously injured, it’s always a good idea to get checked out after an accident, as some injuries aren’t immediately apparent.
  2. Document the accident. Make accurate notes as soon as possible after the accident, documenting what happened. Be sure to also document the service you used, when and where you were picked up, and what your ultimate destination was.
  3. Don’t sign anything before talking to an attorney. While you may feel pressured to accept an insurance company settlement, doing so might not be in your best interest. Don’t sign off on a settlement or accept payment without talking to a personal injury attorney who can advise you on your legal rights.

Gingras, Thomsen & Wachs, LLP Can Help

Accidents involving Uber, Lyft, or other ridesharing services can be complicated. It can be tough to determine liability, especially if there are multiple insurance policies that are potentially available. Insurance companies, wanting to limit their liability, may try to deny responsibility.

Hiring an experienced Uber or Lyft car accident attorney can help you avoid the frustration that can come from trying to negotiate and deal with insurance companies on your own. When you have a lawyer advocating for your rights, the insurance companies will know you are serious.

To learn more and to schedule a case evaluation, contact the skilled personal injury attorneys at Gingras, Cates & Wachs in Madison, Milwaukee, Waukesha or Eau Claire today.

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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.

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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.

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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.

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I Was Injured by a Defective Product – Can I Sue?

defective product

When using a new or even an everyday product, you expect it to be safe and manufactured properly. However, accidents happen and it’s not always user error. If you were hurt by using a certain product or piece of equipment, you may be wondering if you can sue the manufacturer. The answer is yes, you may be able to sue if the product was defective and that defect caused your injury. In some cases, you may be able to sue the product’s seller as well.

Manufacturing Defects

A common type of defective product involves a manufacturing defect. If you were injured because of such a defect, you can sue even if the manufacturer was careful when making the product.

Let’s look at an example. Say that you owned a car, and the airbag didn’t inflate during an accident. It turned out that the reason it didn’t work properly was because of a manufacturing defect. If you were hurt in the accident because of that defect, you can sue the manufacturer.

Design Defects

Sometimes a product is dangerous not because of a manufacturing error but because the design itself is dangerous. For example, poorly designed SUVs tend to roll over in certain situations. If you were injured when you were in such a vehicle when it rolled over, then you can to sue the manufacturer.

Failure to Warn

Manufacturers have a legal duty to provide adequate warnings of any non-obvious dangers as well as instructions in how to properly use the product. For example, say a bed can only safely support a certain amount of weight. If you or family members were injured because the weight limit was exceeded and the bed collapsed, you can sue the manufacturer if there was no warning about the weight limit on the product or in the instructions.

What You May Receive If You Sue the Manufacture

If you win a lawsuit against a manufacturer or seller of a defective product, you may be entitled to compensation for many things related to your injury, including your medical bills and related expenses, wages lost because of your injury, and your pain and suffering. Sometimes, you can even recover punitive damages.  The compensation you receive may cover expenses and losses that you already paid or experienced, that you are paying or experiencing now, or that you may be expected to pay or experience in the future.

Contact Gingras, Thomsen & Wachs, LLP If You Were Hurt By a Defective Product

Defective product lawsuits are complicated. You should talk to an experienced defective product lawyer to find out if you have a good case. It’s important to find a great law firm that can stand up to the team of lawyers working for the manufacturer or seller. Here at GCW, we are passionate in fighting for the rights of our clients. We know how hard it is to deal with an unexpected injury, and we are determined to use all available resources of the legal system to help you rebuild your life. Contact us to find out more. 

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What to Do After Witnessing a Car Accident

car accident

Witnessing a car accident can be a nerve-wracking experience, especially if the accident was more than a simple “fender bender.” You are not obligated by law to stop at the scene of an accident, unless you were involved in it. However, pulling over to see if everyone is OK and providing an accurate statement to the police can help protect victims’ rights.

If You Witness a Car Accident:

  1. Pull over (but be safe in doing so.)You should pull over to the side of the road and put on your hazard signal. However, be careful that in doing so, you don’t inadvertently cause another accident or put yourself at risk. Keep a safe distance between the accident and your car in case of a fire or explosion. Providing an accurate account of what you saw can help protect victims’ rights and may become valuable for our Milwaukee injury law representation if legal action follows. This will also help keep the area clear for first responders.
  2. Call 911. Don’t assume that someone else has called 911 already. Contact emergency services to report the accident, providing your name when asked and letting the dispatcher know exactly where the accident occurred. If you think there are injuries, be sure to let the 911 operator know that.
  3. Approach the scene of the accident. If it’s safe to do so after you’ve called 911, you can approach the accident on foot to see if everyone is OK.
  4. Provide help if you’re able and comfortable. If you feel comfortable doing so, you can attempt to get the accident victims out of harm’s way, help stop major bleeding, administer CPR or provide other emergency care to victims while you wait for an ambulance to arrive. Wisconsin’s “Good Samaritan” lawsays people who attempt to provide good faith emergency care at the scene of an accident while waiting for first responders cannot be held civilly liable if something goes wrong, so don’t worry about being sued for trying to help.
  5. Stay calm. You can also help victims by simply staying calm as you wait for police and paramedics to arrive. When the ambulance gets there, step aside and let the professionals do their jobs.
  6. Tell the police what happened. When the police arrive on the scene, you should cooperate with them as much as possible. Provide your contact information and tell them, in your own words, what you saw. Be factual and complete in making your statement.
  7. Understand you may be contacted. As a witness to an accident, you may be contacted later by the police, insurance adjusters, attorneys, or others. Answering their questions and being cooperative can help protect the accident victims’ rights.

Contact GCW

Witness’ statements can play key roles in clarifying what actually happened in any car accident. Gingras, Thomsen & Wachs, LLP Milwaukee Car Accident Attorneys works with accident witnesses regularly as they help car collision victims recover the compensation Wisconsin law says they are entitled to. To learn more, contact the firm today in Madison, Milwaukee, or Eau Claire.

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What To Do If You Have Been Involved in a Construction Accident

Construction Accident

The average construction site includes more than just one party working on the project. Parties involved may include a general contractor, several subcontractors, the property owner, a site manager, and more.

How do you know if you are involving the right entity or people in a legal claim? How can you ensure that you are properly asserting your rights after an accident? With so many individuals or entities that could potentially be at fault for a construction accident, it is easy to get overwhelmed.

What Should You Do After A Construction Accident?

Using a thorough investigation and a seasoned construction accident attorney are both necessary under these circumstances. As part of this process, you should take the following steps after a construction accident.

Get Immediate Medical Attention

Regardless of whether you injured yourself while passing by a construction zone or if you were working in the construction area, your health should be your first priority. If you need to call 911 and get emergency help—do it!

If you do not think that emergency care is warranted, you should get medical attention as soon as practicable after the accident. For employees who are injured, you likely need to coordinate with your supervisor to ensure that you are going to an approved doctor for workers’ compensation purposes.

Report the Incident

You should let someone know that the accident happened as soon as you can after your injury. However, determining who you should notify can be tricky. If you are a worker, then you need to let your employer know about the accident.

If you are not a worker, then figuring out where or how to report is far less straight-forward. You may want to speak directly to anyone that is managing the site, whether that is a project manager or the property owner. If you know that the injury was caused by a specific contractor, you should let that person or entity know about the incident as well.

Keep in mind that some employees may also have a legal claim against someone other than their employer in construction accidents. If you believe your accident was the result of someone else’s carelessness who does not work for your employer, you need to also report the incident to that entity or individual as well.

Gather Names & Contact Information for Witnesses

If others saw your accident, it is a good idea to get names and phone numbers that you can pass on to a lawyer so the lawyer can speak to them later.

Talk to a Construction Law Attorney

If you were injured at a construction site, your legal claim could become complicated quickly. Talking to an attorney early in the process allows your lawyer to collect the information and data they need right away, while the facts of the incident are still fresh on everyone’s minds. Do not wait to make this connection, or you may risk losing your legal right to get money damages after the accident.

If an insurance company calls you before you have a lawyer, you are usually better off speaking with an attorney before talking to the insurance company.  If you decide to speak with an insurance company before talking to a lawyer, be very cautious but truthful.  Remember the insurance company will use everything you say against you later if it can.

Contact Gingras, Thomsen & Wachs, LLP

Give the team at Gingras, Thomsen & Wachs, LLP a call to learn more about how we can help. After an accident, we know how important it is that you heal and get back to work. The construction lawyers at GCW have years of experience investigating and asserting claims for those involved in construction accidents throughout Wisconsin.

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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.

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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.

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