Legal Question in Insurance Law in Wisconsin

Accident/injury insurance claim

I fell into an open crawl space access at a home in Eagle River, Wisconsin and suffered 3 fractured ribs and 2 broken bones just above the ankle, which required surgery. I filed a claim with the homeowners insurance for loss of income while I'm unable to work and medical expenses not covered by my health insurance. The insurance company paid 70% of my estimated annual income for April and May, stating that this amount represents my net loss. When I objected to their deducting 30%, they stated that they won't pay anything further in advance since I object to their position and requested that I contact them when I'm ready to settle the claim.

Should I engage the services of an attorney to settle my claim and, if so, can I ask that the insurance company pay for my legal expenses in addition to my loss of income and medical expenses? Can I also make a claim for pain and suffering, which I certainly have endured? Do I have to use an attorney from the area in which the accident took place?


Asked on 7/17/07, 8:25 am

2 Answers from Attorneys
Matt Belcher Belcher Law Office

Re: Accident/injury insurance claim

I am licensed in Illinois and I think that unless the defendant has some ties to Illinois, you should most likely consult with a Wisconsin lawyer.

In Illinois, an insurance company does not compensate you for your attorneys' fee in a negligence case unless extra-extraordinary circumstances (punitive damages, etc.) are involved.

Thus, you can choose to hire a lawyer on an hourly basis or on a contingent basis.

If you hire someone on a basis that is contingent upon recovering some money then you would pay the lawyer a percentage of the gross recovery.

I hope that gives you some general advice but seek I would seek local counsel for fact-specific advice.

Good Luck,

Matt Belcher

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Answered on 7/17/07, 9:16 am
Scott A. Blumenshine Blumenshine Law Group

Re: Accident/injury insurance claim

You certainly have a substantial injury

that will affect you in many ways.

You have had income loss, medical

expenses, pain and disability. Of course,

future difficulties are a possibility.

Because you have such a major injury, you

are probably well advise to seek counsel.

We are licensed in Illinois but handle Wisconsin cases on a co-counsel basis

with experienced Wisconsin counsel. We have a former associate of our firm who is licensed in Wisconsin who we work with.

Please do not hesitate to contact me further for a free consultation.

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Answered on 7/17/07, 9:46 am


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