Car accidents can result in serious injuries, including fractured bones, traumatic brain injuries, spinal cord injuries, and soft tissue injuries. These injuries often result in victims requiring extensive medical treatment, leading to significant medical bills and lost wages. If you were injured in a West Bend car accident, understanding how to seek the compensation you need for your losses is essential.
Contact Warshafsky Law Firm for a free consultation with one of our skilled West Bend car accident attorneys. We’ll go over the circumstances surrounding the accident and work to identify the parties you may be able to hold liable for your losses.
Our firm has been providing comprehensive legal support for car accident victims in West Bend for more than 60 years. Over that time, we’ve secured some of the biggest verdicts and settlements in Wisconsin history, including several million-dollar settlements for car accident victims like you.
When you hire us to handle your case, you don’t pay anything unless we secure compensation for you. And while most cases end in a settlement, we’re prepared to go the distance and take your case to trial if that’s what’s necessary to recover the compensation you deserve.
West Bend car accident victims can seek compensation for their various losses. Most car accident cases involve victims seeking economic and non-economic damages. However, if the at-fault party’s actions were particularly dangerous, you may also be able to seek punitive damages.
Economic damages are the compensation you seek for your losses with tangible value related to the car accident. Calculating these damages typically involves adding up bills and determining the impact of your injuries on your income. Examples of losses that contribute to your economic damages include:
Non-economic damages are the compensation you seek for your losses with intangible value related to the car accident. These damages are often calculated by multiplying your economic damages by a number between one and five, depending on the severity of your injuries, or by placing a value on each day you suffer from your injuries. Examples of losses with intangible value are:
Punitive damages are rare in Wisconsin but may be awarded in cases where the at-fault party’s conduct was particularly egregious, such as street racing or another obviously dangerous activity. These damages serve to punish the wrongdoer rather than compensate the victim for their losses and are capped at $200,000 or two times the compensatory damages, whichever is higher. Punitive damages are only available in an award from the court. They will not be included in a settlement.
The primary way to seek compensation after a Washington County car accident is to file an auto insurance claim against the at-fault driver’s liability policy. All drivers in Wisconsin must have the following amounts of liability coverage at a minimum:
Injured parties can also seek compensation through personal injury lawsuits. This typically occurs if the at-fault party’s liability coverage policy limits prevent the victim from recovering the full compensation they need for their losses or if a non-motorist, such as a vehicle manufacturer or maintenance provider, was at fault for the accident.
Wisconsin law also requires drivers to have the following minimum amounts of uninsured motorist coverage:
If the driver responsible for the accident doesn’t have insurance or you were the victim of a hit-and-run, you can file an uninsured motorist claim with your insurance provider.
Underinsured motorist coverage is an optional type of coverage you can add to your policy. You can file an underinsured motorist claim with your insurance provider if the at-fault driver’s insurance policy limits prevent you from recovering enough compensation to cover your damages. If you purchase this coverage, the minimum amounts are:
To recover damages in a car accident case, you must provide evidence showing the at-fault party’s actions contributed to your injuries. Some of the most effective forms of evidence our lawyers may be able to gather in support of your case include:
While police reports generally aren’t allowed as evidence in car accident cases, they are still important documents for your claim. Often, insurance companies request a copy of the police report when you’re filing your claim. Your lawyer can also use the information found in the police report to identify other evidence to collect.
For example, the police report may include the names and contact information of eyewitnesses that you could not gather directly following the accident due to your injuries. And if the police suspect the other driver was distracted or intoxicated, they may indicate that in the report.
Wisconsin car accident victims have three years to seek compensation for their injuries through auto insurance claims or personal injury lawsuits. Failing to file your claim or lawsuit within this period will result in losing your right to seek compensation for your injuries. An experienced West Bend car accident attorney can handle all aspects of your case for you, including drafting and submitting the necessary demand letters and legal complaints within the time limit.
If you lost a loved one to injuries suffered in a car accident, you only have two years to seek compensation for your loss.
If you were in a car accident in West Bend, Wisconsin, contact Warshafsky Law Firm for a free consultation with an experienced member of our legal team. One of our lawyers will review your case, explain the auto insurance claim process, and answer any questions you have.
