Nationwide Personal Injury Lawyers

Milwaukee, WI 414.276.4970

How to sue an insurance company after an auto accident


When people choose their personal injury lawyer based on the endorsement of a football player or actor, they risk choosing an attorney who has never won more money in a courtroom. Settlement mills forward your paperwork and take a cut of your damages.

Hundreds of times we have prepared cases like yours beyond the brink of trial. Facing unlimited liability AND an expensive jury trial, insurance companies fess up what your case is worth. They HATE when you choose Warshafsky. Insurance companies know: it IS about the money.

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As if being injured in an auto accident isn’t bad enough, insurance companies often compound the pain by lowballing settlement offers and delaying payment on claims. If you’re reading this, chances are you’ve given up on your insurance company doing the right thing and are now looking into how to sue them to get fairly compensated for your medical costs. You’ve come to the right place.

Can I sue an insurance company for the stress and aggravation of dealing with their delays?

Unfortunately, no. You can only sue them to recover the expenses you’ve incurred as a result of your accident. Insurance companies typically delay paying claims in the hope you’ll either give up or settle for less than what you’re owed. The best way to get them to pay up is to have an experienced personal injury attorney representing you. Contact Warshafsky Law for a free initial consultation.

How long does it take to win a lawsuit against an insurance company?

It depends. Some cases can be resolved fairly quickly in settlement negotiations, while high stakes cases necessitating a jury trial can take months—or even years. On the plus side, Warshafsky Law doesn’t ask for payment until your case is resolved and you’ve been compensated. To learn more about what’s involved in suing an insurance company, contact us to request a free initial consultation with one of our personal injury attorneys.

What do I do if the at-fault driver lied to the investigating police officer?

The police report is a critical piece of evidence in auto accident lawsuits. If the report contains a false statement by the at-fault driver, contact the police department to request an addition to the report outlining your objection to the statements made by the at-fault driver. Ultimately, cases like this become “he said, she said” cases and the only way to win is to have more evidence supporting your position than the opposing side has. That’s where an experienced personal injury law firm like Warshafsky Law can help.

Sue an insurance company for pain and sufferingCan I sue for pain and suffering caused by an auto accident?

Yes, the physical and emotional stress of an auto accident can be part of a personal injury lawsuit. There are no specific rules for calculating what “pain and suffering” is worth, but insurance companies often multiply the total cost of medical bills by a number between 1 and 5 to come up with a dollar amount. The more severe or permanent the injury, the greater the award. Request a free initial consultation with Warshafsky Law to learn more about what you can expect when suing after an auto accident.

Do I sue my insurance company or the insurance company of the at-fault driver?

It depends. In the vast majority of cases, personal injury suits are filed against the at-fault driver’s insurance company. In some cases, though, your own insurance company may be named as a co-defendant in a suit. Since every case has its own unique circumstances, it’s a good idea to consult with an experienced personal injury attorney. Warshafsky Law offers a free initial consultation. Contact us to set up a meeting.

Is there a statute of limitations on filing a suit against an insurance company?

Yes, in Wisconsin there is a 3-year statute of limitations on filing suit against an insurance company pursuant to an auto accident case. If you haven’t filed suit within this time frame, you will be barred from doing so. Best advice: Contact Warshafsky Law to request a free initial consultation—and the sooner the better.

Milwaukee Personal Injury Attorneys

Krista G.

Warshafsky is a based-in-Milwaukee personal injury law firm serving the injured since the 1950s.

Warshafsky has brought hundreds of successful lawsuits against auto makers, drug companies and insurance companies. Many clients choose us in part because we are able and willing to fund a case fully through trial and even appeal. Insurance companies value your claim based on the quality of your lawyer. No other Wisconsin law firms boast a board-certified accident investigator and a doctor who is also a lawyer and an attorney who represented insurance companies.

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