A motorcycle accident can be life-changing for injured victims and the families of those who have been involved in fatal crashes. Warshafsky motorcycle accident lawyers have been taking on cases for years to help injured motorcyclists receive record settlements for their injuries. Since 2015, there has been an average of 2,090 motorcycle crashes per year in Wisconsin. You don't want to become another statistic. If you are involved in an accident, you'll want help from the best motorcycle lawyers in the business. We have a certified accident investigator and a medical doctor who doubles as an attorney on our staff. You won't find better representation anywhere else.
Hear from our Milwaukee clients
My husband was in a very bad accident. A truck crossed the center line of the highway and hit his vehicle head on. We recognized right away the need for an experienced lawyer that we could trust. The insurance company representing the company responsible for the accident, called us within the first 24 hours of the accident. Our family lawyer recommended Frank Crivello of Warshafsky, Rotter, Tarnoff & Bloch. We knew from our first meeting that we were in good hands. Frank made us feel comfortable and inspired confidence in how to proceed. It was an enormous weight off of our shoulders, and we were allowed to focus on the recovery of my husband. Throughout the 3+ years of multiple surgeries, Frank and his paralegal Sandra were by our side. He kept us informed of every action needed, and had a long term plan for either settlement or trial. He always had our best interests in mind, and spent a great deal of time laying out pros and cons every step of the way, and most importantly, he helped us understand in layman's terms the legal terms and actions. His negotiating skills are second to none, and he always had a solid plan of action. He was always available to us, and provided his undivided attention. Frank's in-depth understanding of my husband's medical issues and surgical procedures gave us great confidence during the development of the case and during depositions. Frank, Sandra, and this firm exceeded all our expectations and achieved a settlement that we were pleased with. We recommend Frank and his firm to anyone in need of personal injury experience. The professionalism, concern, and care for our wellbeing for over 3 years made all the difference in the world. The settlement or recovery met our best interests and would not have been possible without Frank and Sandra.
Mary W on
I had the pleasure to work with Krista G. LaFave at Warshafsky law firm. Not only was Krista available for my questions, but she worked hard to get more money than I expected. Because of her insight, and professional advice, I listened to her. I was very anxious and wanted to just get this over with. Krista explained that she wanted to fight harder for me to end up with a better payday. I totally trusted her, I could tell she was fighting for me like I was a family member of hers. So happy to have had Krista fighting for me. I ended up with literally double the amount I had anticipated. Thank you again Krista.
Jimi M on
Krista LaFave did a wonderful job on my case. She had realistic expectations and was able to guide me through the entire process. She explained difficult concepts and kept me calm and clear during the process. She was also responsive to questions or concerns i had over email and was able to reply quickly. I had a great outcome and couldn't have asked for a better experience.
Lily C on
I want to thank Warshafsky Law Firm for everything that they have done for me and my daughter. Specifically, Victor C. Harding and Sue M. Soczka. I can't express enough how grateful I am for all of their hard work and dedication. From the beginning to the end, they took control of everything needed to handle my situation. I was regularly contacted and informed about each and every step of the process while working for a positive outcome in my favor. Working with Victor and Sue was not only extremely professional, it was also very personal. I truly felt that I had the support of the entire firm behind me. This is the place, and these are the people, that I would highly recommend having work for you!
Tyler P on
Never did I imagine we would hire a personal injury lawyer. In fact, when my husband's life was seriously shaken after an intoxicated driver hit and caused a roll-over (which killed 2 of my husband's friends) we waited almost two months before admitting that we couldn't manage the legal issues and medical bills ourselves. Tom and I learned that our insurance company was not on our side. We also learned that there are so many intricacies in the auto and health insurance industries that we were ill-equipped to handle it all. At this time, we reluctantly called Warshafsky to interview them for possible services. John came to the hospital to meet with us regarding the accident. It was immediately clear that we made the right call and we chose to hire them right away. We turned our worries over to them. We got a call from attorney Krista Rosolino shortly after the initial meeting. From there, we had very regular contact with both Krista and her paralegal Stephanie Laurich. They gave us invaluable advice about what to do/not do. They were responsive to email and phone calls. They were patient with us and our questions. They addressed each of our concerns with both professionalism and care. Tom's injuries were extensive. They required over two months of hospitalization and dozens of surgeries. We were 6 hours from home, making my situation more complicated. When he was finally released, Tom was medically fragile and we were both weary. During this time, Krista and Stephanie were nothing short of amazing. They instilled confidence and demonstrated every ounce of professionalism we needed. Dealing with insurance companies is not for the faint of heart. Both Krista and Stephanie clearly knew their stuff. They went with full force in getting compliance from the insurance companies. They also were very compassionate in our need to work through settlement issues with the other parties. They knew when to be bulldogs and they knew when to listen to us. We loved everything about their work, but that was my favorite part in hiring them. Krista and Stephanie are the real deal. I would recommend them in a heartbeat. Paula
Paula M on
Determining liability for motorcycle injury under Wisconsin law
Determining liability is critical to the success of any motorcycle injury lawsuit because they are premised on the negligence of the defendant and it being directly responsible for your injuries. It’s important to have an experienced accident investigator on the scene as quickly as possible. Warshafsky's certified investigator will collect evidence from the scene including security camera footage to use in your case. There are four things you must show for the court to determine the other motorist is liable for your injuries/losses:
- The law required the defendant (the person being sued) to be reasonably careful. This is always a given with any motor vehicle accident case.
- The defendant’s actions did not conform with the actions of a “reasonable person.” Accident scene evidence and witness statements play a key role here.
- In order to recover any damages, the other driver has to be shown to be at least 50% at fault for the accident.
- You suffered an injury or loss.
Milwaukee's shared fault law
Wisconsin uses shared fault laws for vehicle accidents. This law acknowledges that all parties involved in a motor vehicle accident may share some blame, and reduces the amount awarded to the injured party by whatever percent they are found to have also been liable for the accident. For instance, if you were found to be 25% to blame for the accident that caused your injury the damages you are awarded will be reduced by 25%.
How the cause affects the claim
In motor vehicle accident cases, it’s not unusual for a nearby property owner or business to have contributed to the accident. The homeowner who leaves grass clippings in the roadway that cause a motorcyclist to slide out, for example, or the landscaping business truck that drops gravel in the road that causes an accident. It’s also possible a defect or poor design in the motorcycle may have caused or contributed to your accident, in which case the manufacturer can be sued.
Warshafsky Law has extensive experience holding manufacturers accountable, including one high-profile motorcycle maker that was forced to re-evaluate their product and make leg guards standard safety equipment. We always look for all liable parties to ensure you get the maximum compensation possible for your injuries.
Wisconsin’s Statute of Limitations
In Wisconsin, you have 3 years from the date of your accident or discovery of your injury to file a personal injury claim. If the accident caused a death, you have 2 years from the date of death to file a wrongful death lawsuit. Let the deadline pass without filing a claim and you will be barred from doing so. Even if you think you’re on track to get a fair settlement from the insurance company you’re dealing with, you should consult an attorney—sooner rather than later.
Insurance companies are notorious for dragging their feet on settling claims, often with the goal of delaying your claim past the statute of limitations. They’ll try every trick in the book to minimize your claim or deny it altogether. We know exactly how they work because we have attorneys on staff who used to work for insurance companies. You don’t want to go up against an army of insurance agents without a motorcycle accident attorney on your side.
What damages can you recover with a Milwaukee motorcycle accident lawyer?
Each motorcycle accident case is unique in terms of injuries and damages. You may need a personal injury lawyer to identify what damages you can collect. Offering lowball settlements is a common tactic used by insurance companies. In some cases, the initial offer will not even cover the damages to the bike. Hiring an experienced trial attorney with countless car accident and motorcycle accident lawsuits under their belt is the best way to ensure you are properly compensated.
You could receive compensation for:
- Past, present, and future medical expenses
- Loss of income
- Property damage: motorcycle repair and replacement
- Pain and suffering
- Emotional damages and trauma
- Wrongful death damages
If your loved one was killed in a motorcycle accident in Milwaukee, you may be eligible to file a wrongful death lawsuit against the liable driver. The monetary damages you may be able to obtain include direct economic losses, funeral expenses, loss of companionship, and mental suffering.
Motorcycle accident resources
Wisconsin State Legislature: Injury to the person. Wisconsin Statute § 893.54 (2022). Duty to report an accident; assistance following an accident. Wisconsin Statute § 346.70. Provisions of motor vehicle insurance policies. Wisconsin Statute § 632.32
Milwaukee Personal Injury Lawsuits Frequently Asked Questions
How long do personal injury negotiations take?
It all depends. It’s rare that the first settlement offer made by an insurance company adequately addresses the expenses you’ve incurred and the income you’ve lost as a result of the accident. There is usually a series of offers and counteroffers. To give you some idea, though, it can take anywhere from weeks to months just for an insurance company to contact you about a settlement. During this time, they’re investigating the accident and making a determination as to who was responsible. The insurance company of the at-fault driver will frequently drag out their investigation in an attempt to make the injured party anxious and more willing to accept whatever settlement they offer. You’re under no obligation to accept the first settlement offer an insurance company makes, and in most cases you’re better off not accepting it. Having a good personal injury attorney handling the negotiations is the best way to ensure you aren’t shortchanged by your insurance company.
What is the average payout for a motorcycle accident?
If you’ve been injured in a motorcycle accident, you either already have or will shortly be getting medical bills. Filing a personal injury claim may be the only way to get fair compensation. Since all cases have their own unique circumstances, the payouts on settlements and judgments vary significantly. The only research done on this is from a Thomson Reuters survey, which showed that between 1999 and 2006 the average motorcycle accident settlement was $73,700. Obviously, this dollar amount is virtually irrelevant at this point in time. Warshafsky Law has secured settlements and judgments for motorcycle accident injury victims well in excess of that $73,700 figure. Learn more about how we’ve helped injured motorcyclists get the compensation they deserve.
What can I do if my insurance company settlement offer is less than the value of my motorcycle?
It’s unfortunate, but if your bike was totaled in an accident the insurance company is only going to value your bike by the NADA (National Automobile Dealers Association) guide. They will not take into account any aftermarket parts, custom paint, or chroming that you’ve had done to your bike. And they’re definitely going to pay you what it would cost to replace the bike you currently own, just as you have it set up. In many cases, the settlement amount offered may be lower than what you still owe on the bike. The only way to ensure you get what your bike is truly worth (to you) is if you have gap insurance, which pays the difference of what the motorcycle is worth and what you owe on it, or if you have insured the bike for a certain amount (aka schedule or stated value). Many policies offer protection for accessories that have been added to the bike. Just be sure to keep your receipts for any accessories or aftermarket parts you’ve installed on your bike.
Can I file a wrongful death suit for the death of a loved one killed in a motorcycle accident?
It depends on your relationship with the deceased. If you are the surviving spouse, domestic partner, child, parent, or guardian of the deceased, you have the standing to file a wrongful death lawsuit. Siblings can also file the suit if the deceased leaves no spouse, domestic partner, or minor children. Wisconsin law defines “wrongful death” as one caused by “a wrongful act, neglect or default.” A wrongful death claim can seek financial compensation for medical expenses incurred by you or your loved one’s estate, funeral and burial costs, the wages and income the deceased would have earned if not for the untimely death, and loss of society and companionship (up to $500,000 for the loss of a minor; up to $350,000 for an adult). Although punitive damages are not awarded in Wisconsin wrongful death cases, the personal representative of the deceased can file a “survivorship claim,” which seeks damages for the pain and suffering the deceased endured from the moment of injury until death. There is no limit on the damages that can be awarded in these claims. If you’re considering filing a wrongful death claim, you should be aware that the statute of limitations requires the claim to be filed within two years of the date the accident that caused the death occurred, rather than the typical three-year time frame allowed for injury claims.
I was a passenger on a motorcycle that crashed. Is the driver liable for my injuries?
As an accident victim, you can file a personal injury claim against the operator of the motorcycle, the driver of the other vehicle (assuming another vehicle was involved), or both. If the motorcycle you were riding on was the only vehicle involved, it will likely be a negligence case. The exception is if some mechanical defect on the motorcycle caused the operator to crash. If the motorcycle you were on was hit by another vehicle, you can file a claim against both the other driver and the operator of the motorcycle (unless only one of the operators was at fault). If the driver who caused the crash speeds off and cannot be found, you obviously cannot file a claim against this driver. This often happens when a car cuts off a motorcycle in a way that results in a crash. In such cases, you may be able to file a claim for a hit and run accident under the motorcycle operator’s uninsured driver insurance policy.