Legal Question in Personal Injury in Wisconsin

auto accident insurance claim

how much should i be expecting for settlement from an accidents iwas involved 2years ago


Asked on 7/16/06, 1:33 pm

3 Answers from Attorneys

Jonathan Safran Samster, Konkel & Safran, S.C.

Re: auto accident insurance claim

The information which you have provided is not enough to allow for an evaluation of your claim, in that your claim value is determined by many facors including, how the accident happened, whether you were some percentage at fault, the amount of your medical bills, the amount of any lost wages which you may have suffered, the period of time which you may have treated, and whether you have sustained any ongoing or permenant injuries. I would suggest that you discuss your case with an experienced personal injury attorney in order to have a realistic expectation of your claim value. That attorney will need to get answwer to the questions indicated above, in addition to other information. Please also be advised that there is normally a three year statute of limitations in Wisconsin regarding injury cases that relate to an adult. That means that an adult must either settle a claim or start a lawsuit within three years from the date of the accident, otherwsise, there may be no recovery. Again, I would suggest speaking to an experienced attorney about your case in order to provide additional details.

Read more
Answered on 7/17/06, 9:52 am
JAY Nixon nixon law offices

Re: auto accident insurance claim

Since the statute of limitations in Wisconsin for accidents is usually three years, you should expect nothing unless a lawsuit is started (or settlement reached) within three years. You should also expect nothing unless the person who injured you was at fault in the accident and is able to pay (or has insurance). Any amount recovered from that person would be reduced by the negligence of any other parties (including you) who were involved in the accident. I you can overcome these pitfalls, and if the other party was 100% at fault, the goal of the legal system would be to put you (financially) back in the same position which you would have been in today without the accident. The 100% figure goes down by the amount of fault attributed to others. No recovery is generally possible from parties who are less negligent than you, with a few exceptions. The amount which you might request in damages would depend upon too many different factors to list here without knowing more about your case. Generally speaking, a few of them might include wages lost due to the accident, damage to property, medical expense, permanent disability and pain and suffering. Most personal injury attorneys would be happy to provide a bit of initial guidance to you free of charge, regardless of whether they accept your case, so you should really at least discuss the case with one prior to making any decisions.

Read more
Answered on 7/17/06, 3:28 pm
Michael End End, Hierseman & Crain, LLC

Re: auto accident insurance claim

The answer to your question depends upon the facts of the accident and the seriousness of your injuries, the amount of the medical bills, and the extent of your wage loss, if any. For example, if you were one of the drivers involved in the accident and if you were more negligent than the other driver, you would recover nothing. If the other driver were 75% at fault in causing the accident and you were 25% at fault, you would be entitled to recover 75% of your damages. I think that you should talk with a lawyer to help you evaluate and settle your case. There is a 3-year statute of limitations in Wisconsin for injury claims, so that the deadline for filing a lawsuit will be three years from the date of the accident. Since it takes awhile to accumulate the bills, records and reports needed to settle a claim, I would recommend that you not wait too long before contacting a lawyer to help you with your claim.

Read more
Answered on 7/16/06, 2:23 pm


Related Questions & Answers

More Personal Injury Law and Tort Law questions and answers in Wisconsin