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.

01 Vehicle & Transportation Accidents

Car Accident

Most car accident claims are worth more than the first offer. Significantly more.

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Overview

Car accidents are a leading cause of personal injury claims in Wisconsin. In the days following a crash, insurance companies may move quickly—investigating what happened, requesting statements and discussing a potential settlement. Before providing a detailed statement or accepting an offer, it’s important to understand how your injuries, the circumstances of the crash and available insurance coverage may affect your claim.

At MacGillis Law Group, our Milwaukee car accident lawyers take the time to listen, understand what happened and help you determine the best path forward. If you’ve been injured in a Milwaukee-area or Wisconsin car accident, our team can explain your options, answer your questions and guide you through each step of the process.

What Should You Do After a Car Accident in Wisconsin?

What you do immediately after a car accident can affect your health, insurance claim, and the evidence that may help establish what happened.

Medical Attention: The first thing to do is move away from traffic and contact emergency services. Get medical attention for any injuries, even if they seem minor at first. Some injuries caused by a car accident may not be noticeable until hours or even days later.
Collect Evidence: Take photographs of vehicles, roadway, traffic signs, visible injuries, and surrounding conditions. Also, exchange contact and insurance information with the other driver and collect contact information from witnesses. Keep copies of medical records, bills, repair estimates, prescription expenses, and documentation showing time missed from work.
Avoid Giving Statements: Don’t make statements that could later be taken out of context. Insurance companies may ask for details about the accident while the facts are still being investigated and the full circumstances are not yet clear.
Speak to a Personal Injury Lawyer: If the accident involves serious injuries, disputed fault, multiple vehicles, significant property damage, or questions about insurance coverage, speaking with a Milwaukee car accident attorney can help you understand your legal options before making decisions about your claim.

Understanding Car Accident Claims in Wisconsin

The value and outcome of a car accident claim depends on more than just proving a collision took place. Factors such as how the crash happened, each driver’s actions, the extent of the injuries, available insurance coverage, and the evidence supporting the claim can all affect how a case is evaluated.

Wisconsin also follows a comparative negligence system. This implies that when more than one party may have contributed to an accident, the circumstances surrounding each party’s conduct can affect the amount of compensation that may ultimately be recovered.

Insurance coverage also plays an important role in personal injury claims. A claim may involve the at-fault driver’s liability insurance, your own uninsured or underinsured motorist coverage, or additional coverage depending on the circumstances of the accident.

Some of the damages incurred in a car accident claim include medical expenses, lost wages, reduced earning capacity, property damage, rehabilitation costs, and other losses associated with the injury. The damages available in a particular case depend on the facts and applicable law.

When Should You Hire a Milwaukee Car Accident Lawyer?

Not every minor collision requires legal representation. However, speaking with a Milwaukee car accident lawyer may be helpful when an accident involves serious injuries, disputed responsibility, significant financial losses, or questions about insurance coverage.

Consider speaking with a car accident attorney if:

You suffered serious or lasting injuries.
The insurance company disputes responsibility for the accident.
Multiple drivers or vehicles were involved.
The other driver was uninsured or underinsured.
Your injuries require ongoing medical treatment.
You have missed work or cannot return to your previous job.
The insurance company has offered a settlement you believe does not account for your losses.
A commercial vehicle or rideshare driver was involved.
Your claim involves a potential permanent disability or wrongful death.

Seeking legal guidance early in the process can help preserve important evidence and ensure that applicable deadlines and procedural requirements are not overlooked.

Compensation After a Car Accident

The financial impact of a car accident extends beyond the vehicle repairs or emergency room expenses. Depending on the circumstances of the case, a claim may involve medical expenses, future medical care, lost wages, reduced earning capacity, property damage, rehabilitation costs, and other damages that may be available under Wisconsin law.

The fair amount of compensation available can depend on the specific circumstances of the accident and the nature and extent of the injuries. Keeping thorough documentation can therefore be an important part of building a complete claim and supporting the losses involved.

Milwaukee and Wisconsin Car Accident Representation

At MacGillis Law Group, we represent individuals injured in car accidents in Milwaukee and communities throughout Wisconsin. Our Milwaukee car accident attorney investigates the circumstances of each case, communicates with insurance companies, documents damages, and pursues appropriate compensation through settlement negotiations or litigation.

If you were injured in a car accident, or are unable to determine the value of your claims or deal with insurance companies without understanding your options. Contact MacGillis Law Group to discuss your accident and learn how our team may be able to help. Let us protect you.

menu_bookWhat this covers

Rear-end, head-on, and side-impact collisions
Multi-vehicle highway accidents
Hit-and-run incidents and uninsured motorist claims
Commercial vehicle and fleet driver accidents
Accidents caused by road defects or poor signage
Rideshare and delivery driver accidents, including Uber, Lyft, and DoorDash
Teen driver and elderly driver accident claims
Intersection accidents and failure-to-yield cases

How we approach this

What we actually do for you.

Preserve the Evidence

At MacGillis Law Group, we act promptly because important evidence can become unavailable or harder to obtain over time. Depending on the circumstances, our investigation may include accident reconstruction, photographs, traffic camera footage, vehicle data, witness statements, police reports, and other evidence that may help establish how the collision happened.

Build a Complete Damages Picture

A car accident claim is not limited to the first medical bill or vehicle repair estimate. We work to understand the full effect of an injury, including medical treatment, anticipated future care, lost income, reduced earning capacity, and other losses associated with the accident.

Negotiate or Litigate

We use the collected evidence and documentation to build and present our clients’ claims during insurance negotiations. If a fair resolution cannot be reached, we are prepared to pursue litigation and represent our clients in court when needed.

Common Questions

About Car Accident Cases

Should I accept the insurance company's first offer?

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Not always. An initial settlement offer may not reflect the full extent of your medical treatment, future medical expenses, lost income, or other losses related to the accident. Before accepting an offer, review whether your injuries and losses have been properly documented and whether the proposed settlement addresses the full scope of your claim.

What if the other driver didn't have enough insurance?

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If the at-fault driver’s insurance is not enough to cover your losses, your own uninsured or underinsured motorist coverage may become relevant depending on your policy and the circumstances of the accident. An attorney can review the available coverage and help determine what options are available.

Do I need a lawyer if the accident was minor?

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Not every minor accident requires an attorney, particularly when there are no significant injuries and responsibility is clear. However, legal advice may be helpful if symptoms develop later, fault is disputed, or the insurance company challenges your claim.

What should I do immediately after a car accident?

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Prioritize your safety and seek medical attention for any injuries. Contact the appropriate authorities, exchange information with the other driver, and document the accident scene when it is safe to do so. If possible, identify witnesses and keep records of the accident, medical treatment, and related expenses. Avoid speculating about who was at fault or agreeing to a settlement before you have a clear understanding of your injuries and losses.

How long do I have to file a car accident claim in Wisconsin?

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In Wisconsin, a personal injury claim generally must be filed within three years of the injury. However, different deadlines can apply depending on the circumstances of the accident and the parties involved. Missing an applicable deadline can affect your ability to pursue a claim; it is important to determine which time limits apply to your specific situation.

What compensation can I recover after a car accident?

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Depending on the circumstances of the accident and the losses involved, a claim may include medical expenses, future medical care, lost wages, reduced earning capacity, property damage, rehabilitation costs, pain and suffering, and other damages recognized under Wisconsin law.

What if I was partially responsible for the accident?

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Responsibility in a collision may be disputed or shared between multiple parties. Wisconsin's comparative negligence rules can affect recovery when an injured person is found to have contributed to an accident. The specific effect depends on the facts of the case.

What if the other driver was uninsured?

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If the other driver did not have insurance, your own uninsured motorist coverage may provide a potential source of compensation, depending on your policy and the circumstances of the accident. Because coverage can vary, it is important to review your policy and understand the available coverage before settling a claim.

What if the insurance company says my injuries were pre-existing?

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Having a pre-existing medical condition does not automatically prevent you from pursuing a claim. The circumstances may depend on whether the accident caused a new injury or aggravated an existing condition. Medical records and opinions from qualified medical professionals can be important when documenting the connection between the accident and your injuries.

How much does a car accident lawyer cost?

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Many personal injury attorneys handle car accident cases on a contingency-fee basis, meaning legal fees are generally tied to the outcome of the case. However, fee arrangements and responsibility for case-related expenses can vary. The attorney should explain the fee structure, costs, and other terms before representation begins.

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