Frequently Asked Questions

We put together the most commonly asked questions we receive from people who have been involved in an accident. If you have been involved in an accident, and are looking to hire an award-winning personal injury attorney to represent you, you probably have many of the same questions.

We invite you to take your time and review questions and answers from our past clients. If you cannot find the answer you are looking for, please feel free to call. If you prefer to send us your question, please use our Contact Form. Your questions will remain completely confidential and we will provide you with an answer to your question within 24 hours, and usually sooner.

1. How do I know if I have a personal injury case?

First, there must be one or more other parties who are at fault, or partially at fault, who caused your injuries. Often the accident victim is partially at fault for his or her own injuries. The accident victim can still collect as long as his or her negligence is not greater than the negligence of the party he or she is attempting to collect from.

Second, there must be actual injuries or damages that can be documented. Generally, personally injuries are documented by way of medical treatment records and the treating physician. Damages can be further supported by testimony from friends or family members.

Whenever you have been injured, the safe course to follow is to contact an experienced Milwaukee personal injury attorney. Sometimes it will be obvious that another party caused your injuries. However, there are also many occasions where someone has been injured and he or she may not recognize that legally another party is at fault for those injuries.

There are many other factors to consider when deciding whether you should file a personal injury claim . If you have any questions, or if you would like us to review your information to see if you have a case, please feel free to use our contact form. We will always respond within 24 hours and usually sooner. If you prefer to call, you can reach us at 414-273-7400. You will find us very easy to talk to. The information you provide will be kept completely confidential and there is never a charge for us to review your case.

2. How do I know if I need to hire a Wisconsin personal injury attorney?

Multiple studies have shown that injury victims who retain an attorney receive higher settlements than people who choose to represent themselves. Insurance companies have experienced attorneys and claims adjusters working for them. The only way for an accident victim to even the playing field is to retain an experienced personal injury attorney.

Any time your accident involves more than a couple of visits to the doctor, you should at least consult an experienced personal injury attorney. Without an experienced personal injury attorney, you have no way of knowing what damages you are entitled to and what your case is worth. You only have one chance to get the best settlement possible. Once you settle your case it is extremely difficult, and usually legally impossible, to reopen your case.

3. How do I pay for a personal injury attorney and what is a contingency fee?

We represent accident victims on a contingency fee basis. This means you pay absolutely nothing up front. In fact you do not pay anything until the settlement check is received and then you pay only a percentage of the amount recovered. If for any reason we are unable to recover money for you, then you pay absolutely nothing and we absorb all expenses incurred in handling your claim.

If you have any questions, or if you would like us to review your information to see if you have a case, please feel free to use our contact form. We will always respond within 24 hours and usually sooner. If you prefer to call, you can reach us at 414-273-7400. You will find us very easy to talk to. The information you provide will be kept completely confidential and there is never a charge for us to review your case. We would love to talk to you.

4. What if I have trouble getting paid for my car or motorcycle damage?

We can help. As a free service to all of our injury clients, we will assist in settling the claim for damage to your car or motorcycle at absolutely no charge.

5. What is my injury case worth?

This is one of the most common questions we receive. If you were recently involved in an accident, and you are still treating, no lawyer can accurately tell you what your case is worth. If a lawyer claims he can tell you what your injury case is worthwhile you are treating, and before you reach a healing plateau, you should turn around and run.

Before an experienced injury lawyer can provide you with an accurate opinion as to what your case is worth, there are many factors to be evaluated. Some of these factors include:

The total amount of the medical bills from the accident.
Will future medical treatment be required and, if so, what does the treating doctor estimate the cost of future treatment to be.
What is the amount of the past wage loss.
Will there be a loss of future earning capacity because the injured party is unable to return to the same job, with the same pay, he or she had at the time of the accident.
How long did the accident-related injuries last.
Are injuries from the accident permanent and, if so, what percentage of disability does the treating physician assign to your injuries.
Is the injured party partially at fault for the accident.
Is there a claim for punitive damages or statutory enhanced damages.

There are many other factors an experienced personal injury attorney will take into account in evaluating your case. We personally guide you through the entire process so that you do not make any of the common mistakes that will hurt, or worse yet completely ruin, your personal injury case. Once we obtain all of the necessary information, we will provide you with a reliable opinion as to the value of your case and work to get you every dollar you deserve.

6. What is the statute of limitations in Wisconsin for my injury case?

Generally in Wisconsin there is a 3-year statute of limitations for your injury case. This means that if your case has not settled within that time, you must file your lawsuit within 3 years of the accident or else you cannot pursue your claim.

Keep in mind that there are exceptions to the 3-year statute of limitations. Some of the exceptions shorten the time by which you must commence litigation and sometimes the 3-year period can be extended.

It is important to understand the correct statute of limitations that applies to your case. Many injury victims have lost their right to file a claim because they allowed the statute of limitations to run. If you have been injured in an accident, you should immediately consult an experienced personal injury attorney regarding the statute of limitations. In addition to the statute of limitations, in some cases there are strict Notice provisions which must be complied with.

It is never a good idea to wait until the statute of limitations is about to expire before contacting an attorney. The sooner you contact an attorney after your accident, the better that attorney is able to preserve evidence, contact witnesses and give you advice on how best to pursue your claim.

7. Does it really make a difference what lawyer I hire for my injury case?

We have said it many times. Your case is only as good as the lawyer you hire.

It is a mistake to hire an attorney for your accident case because that lawyer once wrote a Will for you or because the lawyer handled the closing on your house. It is also a mistake to hire a lawyer for your injury case based upon how often you see that lawyer on television. If you choose your lawyer based on these types of considerations, it is like throwing darts while blindfolded. Maybe you will get lucky and maybe you won’t.

Insurance companies are very sophisticated when it comes to defending injury claims. They are involved in defending personal injury litigation every day of the year and often have good lawyers working for them. An insurance company’s business model is the same as it is for all businesses. Their goal is to keep profits high and expenses low. One of those expenses is your injury claim. To meet its business objective, the insurance company will fight to pay you as little as possible.

Insurance companies and their lawyers know the lawyers who represent injury victims. More importantly, insurance companies know that most lawyers do not have the knowledge, skill or desire to try cases to a jury. That means the insurance companies know these lawyers will ultimately take whatever settlement offer it makes. It therefore makes no business sense for an insurance company to offer an injury victim top dollar for his or her injury case when that insurance company knows the lawyer is ultimately going to take whatever is offered.

The insurance company also knows the relatively small group of lawyers who are good at trying cases to a jury and who have every intention of trying the case if the insurance company does not make a good settlement offer. When deciding how much they are going to offer you for your injury case, the insurance company does not care how often your lawyer appears on TV. It is by hiring one of the relatively few attorneys that the insurance company knows has a reputation for being a skilled trial lawyer that you increase your chances of getting the best settlement offer from the insurance company. Insurance companies know we are one of those firms.

8. Do I need to hire a lawyer or can I settle the case on my own?

You can settle your own case if there was only minimal damage to your car and no injuries to you or anyone in your care at the time of the accident. If you only went to the doctor once or twice, or only to the emergency room, you can probably settle the case on your own if your doctor has confirmed that your injuries have resolved and assures you that you will need no further treatment. If you treated beyond a few visits to the doctor, or if you continue to have symptoms from the accident, we do not recommend attempting to settle the case on your own.

If you are undecided whether you can settle your case on your own, feel free to contact us and we will be happy to review the matter with you. Your information will be kept confidential and there is never a fee for us to review your case.

9. Can your law firm represent me if I do not live in Milwaukee?

We represent injury victims throughout all of Wisconsin and have collected millions of dollars for our clients throughout the entire State. We consider it our privilege to represent you no matter where you live in Wisconsin. We will travel to meet you anywhere in the State. Virtual meetings or what we have come to know as Zoom meetings are a great way to keep in touch with our clients. Cases can also be handled very efficiently by phone and regular mail for anyone who does not feel comfortable using technology. No matter where in Wisconsin you live, you will always receive personal attention from an award-winning lawyer.

10. I fell and injured myself in a parking lot or sidewalk. Do I have a case?

That depends on the facts of your case, but often the answer is “yes.” We have recovered millions of dollars for our clients who fell in parking lots and other locations. These are generally known as premises liability cases.

Wisconsin is unique in that it is the only State with a Safe Place Statute. Not all attorneys understand how to use the Safe Place Statute to help their clients recover in a premises liability case. We have a great deal of experience working with the Safe Place Statute. In fact, some of our largest recoveries have been for slip and fall and premises liability victims.

If you were hurt because you slipped, tripped or fell on property you do not own, we invite you to contact us by phone or by using the contact form on our website. We will provide you with an immediate, confidential case review and let you know whether we believe you have a valid claim.

11. If I file a personal injury claim will I have to go to court?

More than 90 percent of all personal injury claims settle without the injury victim having to go to court. However, it is important that you have an experienced personal injury trial attorney handling your case.

Without an experienced personal injury trial attorney handling your case, you run the risk of not receiving all of the compensation you are entitled to. Many attorneys quickly settle their injury cases and then move on to the next case. Too often the injury victim does not receive all the money he or she is entitled.

If the insurance company or their attorneys know that your lawyer is not a skilled trial attorney, and will eventually take whatever is offered, the insurance company is not going to pay you top dollar for your injury case. There is simply no incentive for the insurance company to pay you top dollar if they know your lawyer will eventually take whatever is offered.

If your case does go to trial, it is important that you have a skilled and experienced trial attorney representing you in court. After more than 100 jury trials we know our way around the courtroom. That allows us to make the trial experience as stress free as possible if your case does go to court.

12. Should I give a statement to the insurance company when they call?

If you have been injured in an accident, there is a good chance the insurance company for the party that caused the accident will call you. Their goal is to obtain a statement from you before you have an opportunity to speak with a lawyer and they may even try to quickly settle your case before you contact a lawyer.

It is a mistake to give the insurance company a statement before speaking with a lawyer. The statement you give can be used against you later. We usually do not allow our clients to give a statement to the insurance company. If we do allow a statement to be given, we make sure that we are present so that we can object to improper questions and correct any inaccurate answers the client may give.

If it is your own insurance company that contacts you, you do have a duty to cooperate with them and you do not want to jeopardize your own insurance coverage. We will work with your insurance company and usually they will not require a statement from you once we are involved.

If you have been contacted by an insurance company following an accident, and you have any questions, please feel free to use our contact form. If you prefer to call, you can reach us at 414-273-7400. You will find us very easy to talk to. The information you provide will be kept completely confidential and there is never a charge for us to review your case. We would love to talk to you.

13. Can I recover damages if I was bitten or injured by someone’s dog?

Generally if you have been bitten or injured by someone’s dog, you have a valid claim for compensation in Wisconsin. In fact, there are laws in Wisconsin that can hold a dog owner or keeper liable for your injuries. There is even a statute in Wisconsin that may entitle you to double damages if you were injured by someone’s dog.

We invite you to contact us by phone or by using the contact form on our website for an immediate confidential case review. We have handled many dog bite cases where there was scarring and other injuries involved. We even handled a case where the dog never made contact with our client but where the dog aggressively moved toward our client causing her to fall off the sidewalk curb she was walking on. In that case we were able to obtain a settlement for our client over 18 times what the insurance company offered before we were retained.

If you were injured by someone else’s dog, and have questions or would like to discuss your case with us, please feel free to use our contact form. If you prefer to call, you can reach us at 414-273-7400. You will find us very easy to talk to. The information you provide will be kept completely confidential and there is never a charge for us to review your case. We would love to talk to you.

14. Can an old injury hurt my car accident case?

The answer is that it depends. If you injured your neck or back many years ago but were not having any symptoms at the time of the accident, your old injury probably will not hurt your car accident case. However, if you had a neck or back injury that you were still recovering from at the time of your car accident, and you reinjured your neck or back in the accident, the insurance company will try to reduce your recovery or they may refuse to voluntarily pay at all.

A good personal injury lawyer will work to minimize any prior injury you may have. We make sure that we carefully review all of your medical records so that we are in the best position possible to establish that even if you were having symptoms before your accident, those symptoms were made worse by the accident. It takes an experienced personal injury and trial lawyer to properly present this type of case to the insurance company and to a jury if the insurance company will not make a fair offer.

If you have any questions regarding how your prior injuries will affect your accident case, please reach out using our contact form. We will reply within 24 hours and usually sooner. If you prefer to call, you can reach us at 414-273-7400. You will find us very easy to talk to. The information you provide will be kept completely confidential and there is never a charge for us to review your case. We would love to talk to you.

15. What are common mistakes injury victims make that can hurt their case?

Some of the most common mistakes people make that hurt their injury case include:

Waiting for weeks or even months to receive medical treatment.
Large gaps in treatment from one doctor’s visit to the next.
Not being open and honest with your doctor and lawyer.
Not following your doctor’s treatment recommendations.
Posting about your injury case on social media.
Making an injury claim that is contrary to what is in your medical records.

There are many more things you can do that will hurt your injury case. We work closely with our clients so that no one we represent will make mistake that can hurt his or her case.

If you are concerned about making a mistake that will hurt your injury case, please feel free to use our contact form. We will always respond within 24 hours and usually sooner. If you prefer to call, you can reach us at 414-273-7400. You will find us very easy to talk to. The information you provide will be kept completely confidential and there is never a charge for us to review your case. We would love to talk to you.

16. Should I hire a TV lawyer for my accident case?

Clients complain to us all the time about TV lawyers. They are everywhere.

In evaluating your injury claim, and deciding how much they will pay you, insurance companies do not care how often your attorney shows up on TV. It is a mistake to hire a lawyer based on how often he appears on TV or whether he has a TV tagline that rhymes. In fact, the exact same TV tagline is probably used in different states by other lawyers. Just Google the tagline and see!

While insurance companies do not care how often your lawyer appears on TV, they do care whether that lawyer has the skill and reputation to try cases in the courtroom if necessary. That is what causes insurance companies to pay you everything your case is worth.

There are good and bad TV lawyers. We do not believe anyone should hire an attorney for their injury case based upon how often a lawyer shows up on TV. If you have any questions about TV advertising, or about our experience as trial lawyers, please feel free to use our contact form. We will always respond within 24 hours and usually sooner. If you prefer to call, you can reach us at 414-273-7400. You will find us very easy to talk to. The information you provide will be kept completely confidential and there is never a charge for us to review your case. We would love to talk to you.

17. Will I have to pay back my health insurance company if I win my accident case?

If you have health insurance, you will be submitting your medical bills to your health insurer after your accident. If you were involved in a car accident, you may also have what is known as medical payment coverage which may provide for payment of your accident-related medical bills up to a set limit depending upon your policy.

What most people do not know is that the law generally requires you to reimburse your health insurer out of your recovery. This is known as subrogation. If you do not pay back your health insurer when required, your health insurer can – and most likely will – file a claim or lawsuit against you. This applies to medical payments by Medicare as well. In fact, the law governing Medicare can be even more complicated and can involve strict penalties if not followed.

A good personal injury attorney knows how to deal with the subrogation claim of your health insurer and will be proactive in doing so. We spend a great deal of time in each case working on getting the best reduction available from the amount our client needs to pay back to his or her health insurer. Sometimes the discount we are able to obtain is very significant and sometimes we have even been successful in convincing the health insurer to accept no payment at all. Unfortunately, too many attorneys overlook this responsibility and either do not make arrangements to pay back the health insurer at all (which subjects the client to a claim or lawsuit by the health insurer) or they simply pay back the full amount owed. We work hard to get the best reduction we can for every client. Every dollar that does not have to be paid back to the health insurer goes directly to our clients.