Legal Question in Personal Injury in Wisconsin

My father got into a bad car accident. He got T-Boned on a freeway when an SUV lost control on the slippery road and hit his passenger side going very fast. He thought "Is this it?" His car is now totaled, and he has neck pain and has been bed ridden for the past couple of days due to this and feeling nauseous. My father and the person that hit him both have Progressive car insurance. Can we sue? Can we get money from this? And how much? I want to know what our options are so we don't get stepped on. Thank you.


Asked on 2/12/12, 7:23 pm

1 Answer from Attorneys

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

The most important thing is that your father get checked out medically to dertermine the extent of any injuries and whether medical treatment would be beneficial. He can go to an Urgent Care Clinic, an Emergency Room, or his doctor's office. He may be referred to a chiropractor or physical therapist for follow-up care. Progressive should be arranging to look at his property damage to resolve that with him, depending on whether the car is repairable or actually totalled. Totalled generally means that the cost of repairs exceeds the value of the vehicle. Because Progressive insures both the other driver and your father, I would recommend that he consult with a personal injury attorney to discuss his insurance policy requirements, while avoiding being taken advantage of by Progessive. He should not provide any recorded statements or sign any documents without consulting an expericned personal injury attorney first. There is generally a three year statute of limitations in Wisconsin, which requires either a settlement or a lawsuit being filed within that time period to protect his rights to make a claim for his injuries and damages. Most cases, however, can be resolved by an experienced personal injury attorney without the need of a lawsuit being filed. Your father should be able to make a claim for his vehicle damage, his medical expenses, any missed time from work, as well as his pain and suffering. An experienced personal injury attorney should be able to assist and discuss the potential value of his injury and damages claims.

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Answered on 2/13/12, 7:10 am


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