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Common Questions About Personal Injury Claims

Common Questions About Personal Injury Claims

Personal injury cases are extremely common but can be difficult to understand. The Madison injury attorneys at Boller & Vaughan handle hundreds of personal injury cases each year from victims all across Wisconsin.

To help those in our communities, we’ve put together a list of the most frequently asked questions to help you or your loved one understand the best steps to take following an accident or injury.

Below, you’ll find answers to common questions about personal injury cases. And if you don’t find what you’re looking for, give us a call at 608-268-0268 for a free consultation.

Q: How do I know if I have a personal injury case?  

A: Whether your injury was the result of another person’s negligence or you’re partially at fault, you should contact a personal injury attorney to discuss your case and get advice on next steps and legal options.

Many personal injury claims stem from common situations like motor vehicle crashes and animal bites. Even if you’re unsure of whether or not you can pursue legal action, contact a local attorney for a free consultation.

Q: I was injured in an accident that wasn’t my fault. Do I have to go to court to get the compensation I deserve?

A: While most injury claims are successfully settled out of court, there are instances in which you may be entitled to more compensation than the at-fault party’s insurer is willing to pay. In these situations, you may need to take your case before a judge to receive adequate compensation.

Q: I was injured in an accident that was partially my fault. What next steps should I take?  

A: If you are partially at-fault for your injury, the compensation available to you may be impacted. Wisconsin follows a comparative-fault system for personal injury cases, meaning you can still recover compensation for your injuries even if you are partially to blame for the accident.

Under this rule, the amount of compensation you could receive is reduced by a percentage equal to your share of fault. This is evaluated on a case-by-case basis, so it’s important to discuss the details of your claim with an experienced injury lawyer.

Q: What damages are available in personal injury cases?  

A: Every personal injury case is different, and the damages you may be entitled to will depend on the nature and ongoing impact of your injury. Your attorney will help you determine the damages you are eligible for.

Damages commonly include (but are not limited to) compensation for:

  • Current and future medical expenses accrued due to the injury
  • Lost wages due to missed work following the injury or incident
  • Pain and suffering as a result of the injury
  • Property damage as a result of the incident
  • Punative damages in some cases

Q: How soon should I contact an attorney about filing a lawsuit?

A: Speaking to an experienced personal injury attorney should be one of your first steps after an accident or injury.

It’s important to do this before giving any statements to an insurance company about the incident. If you or a family member says the wrong thing to an insurer, it could prove damaging to your claim. Don’t risk it—work with an injury lawyer who will deal with the insurance companies on your behalf.

Q: How much time do I have to file a lawsuit?

A: This can vary depending on the statute of limitations. In Wisconsin, personal injury victims typically have three years from the date of the accident to file a claim, but this time limit can be shorter in certain circumstances.

Q: How do you charge for your services?

A: Like most personal injury lawyers, we work on a contingent-fee basis. This means our services are free until we successfully settle your case. After that, we collect a predetermined percentage of your settlement.

Q: The insurance company is asking me to sign medical and property damage releases. Should I do this?

A: No! This is how insurance companies get people to sign away their right to fair compensation. Never sign anything or give recorded statements without consulting with an attorney first.

Q: The insurance company has offered me a settlement. Should I accept? How do I know their offer is a good one?

A: Never accept any settlement offer until you speak with a lawyer. It takes years of experience handling personal injury cases to know the true value of a case.

Without the help of an attorney, you can never be sure that you’re receiving the maximum amount of compensation owed to you. 

Q: I need Boller & Vaughan’s help. What should I bring to my appointment?

A: There are several pieces of information you can bring to your free consultation to help us evaluate your case. These include but may not be limited to the following:

  • Names and contact information of all medical professionals who treated you, including EMTs, doctors, nurses, chiropractors, etc.
  • Names and contact information of anyone who witnessed or was involved in the accident
  • Names and contact information of any insurance adjusters you’ve spoken with
  • Medical bills
  • Police reports
  • Your insurance information
  • Dates you were unable to work due to your injuries
  • Receipts for anything you had to buy or fix because of the injury or accident

Meeting with a personal injury lawyer can demystify legal options for your specific case. The personal injury attorneys at Boller & Vaughan offer free consultations and work on a contingency-fee basis, so you have nothing to lose by scheduling an appointment.

If you or your loved one has been hurt as a result of someone else’s negligence, contact Boller & Vaughan online today or call our Wisconsin attorneys at 608-268-0268.