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Wisconsin car accident injury attorneyBeing involved in a car accident can be a traumatic experience. The physical and emotional distress that a person experiences in a collision can make it difficult to keep a clear head in the immediate aftermath. As a result, many people make mistakes that affect their ability to recover compensation for the damages they have suffered. If you are involved in an auto accident, be sure to avoid the following:

  1. Admitting fault - Common courtesy often leads people to take at least partial blame for a collision. However, doing so can make it more difficult to establish liability for the accident and recover compensation for your injuries. When discussing the crash with other drivers, police officers, or insurance company representatives, state the facts about what happened without admitting any fault.
  2. Not receiving timely medical care - After an accident, it can be easy to shrug off your possible injuries, especially if they seem minor. However, it is important to receive medical attention as soon as possible. This will establish medical records documenting the full extent of your injuries, ensuring that you are able to recover compensation that will address your immediate care as well as any health complications related to the accident that may arise in the future.
  3. Failing to file a police report - It may seem like a good idea to avoid involving law enforcement after a collision, but it is ultimately best to report the accident to police. Doing so will establish a record of the accident and ensure that it is not just your word against the other driver’s.
  4. Not gathering evidence - If possible, you should get as much information as you can about the accident to demonstrate its causes and who was at fault. Take pictures of the scene, speak to witnesses and get their contact information, and try to find out if the collision was captured on any nearby security cameras. This evidence can be crucial in establishing liability for the crash.
  5. Providing information to the insurance company - Following an accident, you may be contacted by the other driver’s insurance company and asked to give a recorded statement. It is best to decline to do so and have your attorney communicate with insurance companies for you.
  6. Agreeing to a settlement without legal help - An insurance company may offer you a financial settlement that appears to cover some or all of your damages, and accepting this settlement will allow you to receive compensation quickly. However, it is likely that this type of settlement will not fully address your damages. Before accepting a settlement, be sure to have an attorney review your case.

Contact a Milwaukee Car Accident Attorney

If you have been injured in a car crash, the skilled attorneys of Gimbel, Reilly, Guerin & Brown, LLP, can help you obtain the full and fair compensation you deserve. We will work to ensure that you are compensated for the costs of medical care, ongoing rehabilitation, property damage, lost income from missed work or disability, and pain and suffering. Contact our Milwaukee, WI personal injury attorneys at 414-271-1440 to arrange a consultation.

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Wisconsin accident attorney, accident liability, Wisconsin injury lawyerAfter your car has been towed and you have been to the doctor, comes the part of a car accident most people hate the most -  dealing with insurance. While every car accident is different, there are several common mistakes that people make when they have a car accident claim.

Not Doing Your Own Research on Your Car

If your car has been totaled by insurance, you are going to have to figure out the value of your vehicle. Often, the insurance company will do that for you. The mistake many people make is to simply accept the insurance company’s value without doing their own research.

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Wisconsin accident attorney, injury liability, Wisconsin injury lawyer, Wisconsin tort lawAfter an accident or injury, some individuals choose not to file a personal injury case. It may be that, initially, the accident or injury seems inconsequential, or it could be a simple case of not understanding one’s rights to seek compensation. Whatever the reason, it may eventually come to light that the implications are further reaching than initially realized and, in order to ensure proper care and medical treatment, the pursuit of a personal injury lawsuit may become essential. The real question is, can you still file?

Statute of Limitations

A statute of limitations provides would-be defendants in personal injury cases with a time limitation on how long they may be held liable. This statute varies greatly from state to state, ranging anywhere from one to six years. For example, North Dakota offers six years to automobile accident victims while only plaintiffs in Louisiana only have a year to file. Wisconsin’s statute of limitations is three years.

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Posted on in Car Accidents

Wisonsin personal injury attorney, Wisonsin car crash lawyer, Milwaukee traffic accident attorneyLawsuits arising out of car accident claims are about assigning fault to the person who caused them, so that they can compensate the victims of the accident that they caused. When most people think of who caused an accident, they assume it must have been one of the drivers, but that is only one of the possibilities. With over 100,000 crashes in Wisconsin every year, there are also other potential causes. For instance, some accidents are the result of poor design or manufacturing on behalf of car makers. Other accidents can be caused by poor design of the roads themselves. Each of these causes requires its own legal theory during the lawsuit.

Negligence

The legal theory of negligence is the most common of the three legal theories. It applies in cases where the accident was caused by the carelessness of one of the drivers. Prevailing in a lawsuit based on negligence requires the plaintiff to prove four things. First, the plaintiff must show that the other driver had a duty to use due care to avoid harming other drivers, which is almost always true. Second, the plaintiff must show that the defendant breached that duty in some way. These breaches are examples of careless driving, such as speeding or driving while distracted. Third, the plaintiff must show that the accident was caused by the defendant's carelessness. Fourth, the plaintiff must demonstrate that the injuries that they are suing for resulted from the accident. If the injured driver can show those four things, then they can likely prevail on a negligence claim.

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