Legal Question in Personal Injury in Wisconsin

Re: What kind of settlement can I expect

There is no magical or book formula to determine the value of an injury claim, however, attorneys that have extensive experience in handling personal injury claims can help you determine a reasonable value for your claim. Given your on-going treatment, it may still be too early to assess the full value of your claim, in that the value is dependent upon numerous factors including the amount of your medical expenses, both past and future, the amount of your past wage loss, the amount of your potential future earning capacity loss, and your past and future pain and suffering. Your physical and psychological injuries need to be fully documented and if your medical providers have the opinion that you have suffered permanent injuries, those opinions need to be documented in a written report in order to provide that information to the applicable insurance companies. If the at-fault driver's insurance company policy limits are insufficient to provide you with an adequate settlement, other avaialable insurance company policies need to be investigated to determine excess umbrella policies and even possible underinsured motorist coverge on your own auto insurance policies. An experienced personal injury attorney should be consulted in order to discuss with you all of your damages and to assist in making sure that the correct language is contained in your medical providers' reports. An experienced personal injury attorney should assist you in an evaluation by a vocational expert to explore potential future earning capacity losses that you may have sustained. Please note that in Wisconsin there is normally a three year statute of limitations for adults to pursue a personal injury claim against the other responsible driver and his insurance company, which requires you to either settle your claim or commence a lawsuit against the other driver and his insurance company within three years from the date of the collision. Other notice requirements and statute of limitation time periods may apply to other potential insurance company policies. I would suggest your consulting with one or more experienced personal injury attorneys to fully discuss your case and your potential damages and recovery. Best of luck to you.

Re: What kind of settlement can I expect

The insurance company for the other driver is not likely to start the process with fair settlement offers. Yours sounds to me like a case that needs a lawyer's attention. All the medical bills and records need to be accounted for and assembled, a written report from your doctor is needed, your wage loss and possible lost earning capacity may need an expert witness' review, your health insurance company may or may not need to be paid back, which takes a legal analysis, etc. I highly recommend that you find an attorney to handle your case. Feel free to call me if you wish to discuss this further 414.257.4100.

Rear End Collision-What Kind of Settlement?

Rear end collisions are generally 100% the fault of the rear driver, meaning that you have a right to collect 100% of your damages (up to the policy or available asset limits) from the at fault party. Exceptions be in scenarios where the front vehicle stopped for no legal reason (i.e., due to being mad at the driver behind them for tailgating), in which event the front vehicle would be at fault. Additionally, if the front vehicle intentionally caused the accident, their insurance would not be available to cover the losses due to the intentional act. Determining the amount of your damages is a complex task which requires in dept investigation by your attorney and, for large cases, evaluation for possible permanent disability by an independent expert. Allowable damages in Wisconsin include reasonable and necessary medical expense, property damage, lost wages, pain and suffering and permanent disability/loss of future earnings. Anyone who tries to estimate these for you based upon a short e-mail is doing you a great disservice. Differences of opinion between your lawyer and insurers on a fair figure for total damages are inevitable in large cases, requiring formal litigation if your advocate cannot eventually resolve them. A period of over five months of disability suggests that you may eventually have some permanent residual effects, even from a soft tissue injury as you age, even if you do not suffer from them presently.