What Does a Car Accident Lawyer Do?

A car crash can upend your life, leaving you with mounting medical bills, missed days of work, and a multitude of questions about what to do next. While insurance adjusters may try to get you to settle quickly, a car accident lawyer can protect your right to compensation for injuries and other damages, and seek a fair settlement on your behalf. 

The Wisconsin car accident lawyers at Studinski Law understand the complex natures of these claims. We can guide you through the legal process and help you pursue the full compensation you need to get back on track.

Explain Your Rights and Legal Options 

Auto accident cases can be extremely complex. A car accident lawyer can explain the legal process to you and help you understand your rights and options. An attorney will also ensure necessary paperwork is filed correctly and on time. For example, the statute of limitations for car accident injuries is generally three years in the State of Wisconsin. If you fail to file a lawsuit by this deadline, you will likely miss your opportunity to pursue the justice and compensation you deserve.

You have the right to compensation for injuries and property damage from a car accident caused by someone else. Wisconsin is an at-fault state, meaning your settlement usually from the insurance provider of the driver responsible for the crash. Evidence, documentation, and persistence are key elements of a successful car accident claim. Legal assistance is the best way to negotiate compensation that will cover your economic and non-economic damages caused by your injuries.

Insurance companies are notorious for dragging their feet on claims involving severe injuries, and the involvement of a car accident lawyer can often speed up the process. 

Investigate Your Case and Gather Evidence

Extensive evidence and testimony must be compiled after an auto wreck. A car accident lawyer can gather the police report and any video footage from the crash or aftermath. This evidence, along with photographs of the scene and eyewitness testimony are crucial elements of a successful claim. Your attorney can consult expert witnesses and request medical files to build a compelling case against the responsible party and their insurance provider.

While injured victims and their families may gather some of this evidence on their own, a car accident lawyer knows precisely what to look for and has established relationships with experts who can reconstruct the accident, validate your injuries, and provide a basis for the pain and suffering damages you deserve.

Calculate the Value of Your Damages

There are several areas of compensation in a car accident claim. Economic damages include the actual costs of medical care, lost wages, and associated expenses. However, you need a car accident lawyer to help you calculate the amount because your settlement must include the estimated cost of future medical care, as well ashow your injuries will affect your earning capacity, among other factors.

Sometimes an injury can worsen well after the accident or lead to a secondary medical condition. If you’re permanently disabled or are limited in your job abilities, this loss of income needs to be added to your economic damages. Many injured victims don’t know the value of their claim because there are many issues and expenses that continue to pile up for months and years after the car accident.

Non-economic damages can be more difficult to calculate because they involve the psychological trauma you’ve endured from the car accident. This pain and suffering can include post-traumatic stress disorder (PTSD) that may stop you from setting foot into a moving vehicle or driving. 

Those who suffer permanent injuries, such as traumatic brain injuries or spinal cord injuries, often experience a loss of enjoyment of life and significant mental anguish.

In some cases, such as drunk driving or distracted driving accidents, punitive damages may be awarded to punish the negligent driver and deter them and others from similar misbehavior in the future.

Deal with Insurance Companies on Your Behalf

Wisconsin follows a modified comparative fault ruling, which means you can only recover compensation if your level of fault or responsibility in the accident is less than the other driver. Insurance carriers may try to make you give a statement shortly after the car crash, and attempt to use your words against you. Many accident victims harm their personal injury claims by speaking with insurance adjusters about the details of the collision. Insurers often offer settlement amounts that do not cover actual losses and do not consider the future impact of a victim’s injuries.

A car accident lawyer knows the tactics used by insurance companies and can negotiate with the agent on your behalf. Some adjusters can be relentless, calling you repeatedly to talk you into an early settlement. You need a lawyer to protect your rights and make the insurance company pay what you’re owed.

Negotiate a Fair Settlement 

One of the most significant benefits of consulting a car accident lawyer is reaching a fair settlement that accounts for every area of your life and finances that are impacted by the car crash. Insurance companies push injured victims to settle early for low amounts. When a lawyer is involved, these agents often offer larger settlements that cover your financial needs and pain and suffering. Without an attorney, you may be left paying future medical expenses out of pocket.

Take Your Case to Court, If Necessary

If the insurance company does not provide a fair settlement offer, a car accident lawyer can file a lawsuit. The trial process begins with pre-trial and discovery, during which both sides exchange witness information and evidence and appear before a judge to set a trial date. Depositions then start, which are “Q&As” with witnesses, including the opposing party’s witnesses. While this process can take up to a year or longer, a settlement can happen at any time before the trial begins.

Trial for a car accident case may take several days or more, and a judge or jury determines if the defendant is at fault for the crash and how much compensation is owed for the damages. An experienced car accident lawyer can present the facts in your case and fight for the full compensation to which you may be entitled under the law.

Contact a Wisconsin Car Accident Lawyer for Free

At Studinski Law, LLC, our knowledgeable attorneys have protected the rights of the wrongfully injured in Wisconsin for years. We meticulously prepare every case to ensure your rights and best interests are protected.

See our results.

If you were in a car accident, contact Studinski Law, LLC online or at (715) 343-2850 to discuss your case for free with an experienced car accident lawyer. Our firm serves clients in Plover, Marshfield, and other Wisconsin areas.