Should I accept the insurance company’s first settlement offer?

It is usually not advisable to accept the insurance company’s first settlement offer without carefully reviewing it. The initial offers are often lower than the actual value of the claim, as insurance companies may try to resolve cases quickly and reduce claim amounts. Before accepting any offer, it is important to ensure that the settlement fully covers medical expenses, lost wages, property damage, and future costs related to the injury. Consulting with an experienced personal injury lawyer can help determine whether the offer is fair and whether negotiating for a higher settlement may be appropriate.

What happens if the other driver is uninsured or underinsured?

If the negligent driver who caused the accident does not have insurance or does not have enough coverage to pay for your damages, you can still recover compensation through uninsured motorist (UM) or underinsured motorist (UIM) coverage under your own auto insurance policy. These coverages can help pay for medical expenses, lost wages, and other damages when the at-fault driver cannot fully cover the costs. In some cases, you may also have the option to file a personal lawsuit against the at-fault driver, although recovering compensation may depend on their financial ability to pay.

Can I claim compensation for emotional distress after a car accident?

Yes. Accident victims may seek compensation for emotional distress as part of a personal injury claim. Emotional distress is considered non-economic damage, including anxiety, stress, trauma and reduced quality of life due to the accident. To support this claim, evidence such as medical or psychological records, therapy documentation or other details from healthcare professionals may be used to show how the accident affected the victim’s mental and emotional well-being.

How long do I have to file a lawsuit after a car crash?

In Wisconsin, the Statute of Limitations for car accident injury claims is three years from the date of the accident. If the case involves a wrongful death, the deadline is typically two years from the date of death.

What if I discover injuries days after the accident?

Injuries like whiplash, soft-tissue injuries or internal trauma may not appear for hours or even days after a car accident. If you begin to experience symptoms later, you should seek medical attention as soon as possible. Prompt medical evaluation helps document the injury and establish a connection between the accident and your condition, which can be important when seeking compensation.

Will filing a claim increase my insurance premiums?

It depends on the circumstances of the accident. In Wisconsin, if you were not at fault, filing a claim against the other driver’s insurance typically does not directly increase your premiums. However, insurance companies consider many factors when adjusting rates, including your overall claims history. If you file a claim through your own insurance policy, such as for uninsured motorist coverage or collision coverage, there is a possibility that your insurer may review your policy and adjust premiums in the future. Each insurance company has its own policies regarding rate changes.

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Appleton Car Accident Lawyer

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Overview

Let us protect you. As successful trial attorneys, our firm’s lawyers can offer clients the guidance they need at all phases of their cases. We offer candid and frank legal advice so clients always know the true state of their cases and whether litigation is the best available option for protecting their rights.

Car accidents can in the blink of an eye, alter the course of a victim’s life dramatically. It could result in serious injuries that may result in unemployment, huge medical bills, and physical trauma. Our Appleton car accident lawyer at MacGillis Law Group, LLC, understands the law perfectly. We have expertise and knowledge we are willing to utilize for your cause. We have helped many residents recover compensation and get the justice they deserve.

How To Prove A Person Has Been Negligent

Determining who is at fault is an important process you might be unable to undertake due to your injuries. This is why it is important to hire a qualified Appleton car accident lawyer that will help to thoroughly investigate and figure out who is at fault. The fault is determined by these essential elements:

Duty of care: For a person to be at fault, they need to owe you a duty. The two types of duty which can be owed are the duty of care and special duty. Duty of care means that the at-fault party has a duty to conduct himself and or his vehicle in a manner that regards the safety of other road users.
Breach of Duty: It needs to be proven that the at-fault party failed to conduct themselves in a manner that regards the safety of others. Thus, breaching the duty of care owed.
Causation: It also has to be proven that this breach of duty was the cause of the accident and your injuries.
Damages: Finally, it needs to be proven that due to the injuries, you have suffered damages like financial losses such as medical expenses.

If ALL of these elements are not proven, it is very likely that your lawsuit is rendered void. And you are unable to receive compensation.

Get In Touch With Our Appleton Car Accident Lawyer

At MacGillis Law Group, LLC, we understand how frustrating it can be to get in a car accident and we want to fight for you so you can get the justice you deserve. If you have been in a car accident, contact a qualified car accident lawyer for a full assessment of your case. You don’t have to fight alone.

At MacGillis Law Group, LLC, we take pride in representing the people of Appleton such as those injured by careless acts of others when their backs are against the wall. We are deeply invested in helping our clients and believe that no one should have to make life-altering decisions alone. Throughout the state of Wisconsin, people have relied on us to protect their rights, defend their families, and advocate for what they deserve.

Receiving Compensation

In Appleton, Wisconsin, victims of car accidents may be awarded both economic and non-economic compensation. Economic compensation covers expenses that came to be as a result of the car accident. They include loss of earning capacity, medical expenses, physical therapy, medication, cost of long-term care, etc.

Non-economic compensation does not usually have a defined financial value. It refers to the mental and physical trauma the accident inflicted on the victim. They include pain and suffering, disability or permanent scarring, loss of enjoyment of life, etc. However, there is one thing that may put a hitch in our stride and that is if you are partially at fault for the accident. The state of Wisconsin follows a system called the ‘modified comparative negligence rule’. This states that if you are found more than 50% at fault, you will not be able to receive compensation.

But if you are less than 50% at fault, you are able to receive compensation. The catch is that your percentage of fault will be deducted from the amount of compensation awarded. That means that if you were awarded $100,000 and was found 10% at fault, you only receive $90,000. In the state of Wisconsin, there is no limit to the amount a victim can receive as non-economic compensation. This means that our lawyers can fight to get you the maximum amount of compensation your injuries deserve.

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