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Wisconsin Car Accident Claim Process

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Wisconsin Car Accident Claim Process

If you were hurt in a car accident in Madison, Wisconsin, you may be dealing with medical bills, missed work, and insurance company calls. Eisenberg Personal Injury Lawyers can help you understand your options when you call (608) 256-8356 for a free consultation with a Madison car accident lawyer.

We have served injured Wisconsinites for decades, offering 140 years of combined experience and more than $100 million recovered for clients. Our team focuses on helping accident victims understand the process and pursue fair compensation under Wisconsin law.

Why Choose Eisenberg Law Offices To Help Me After a Car Accident in Madison, Wisconsin?

Why Choose Eisenberg Law Offices To Help Me After a Car Accident in Madison, Wisconsin?

After a crash in Madison, WI, choosing the right legal help can make a meaningful difference in how your claim is handled. Eisenberg Personal Injury Lawyers understands local courts, insurers, and traffic laws can reduce stress and help you avoid common mistakes.

Our team is recognized for the following:

  • Recognition by Expertise.com, Super Lawyers, America’s Top 100 High Stakes Litigators, and The National Association of Distinguished Counsel
  • More than 100 five-star reviews on Google from former clients
  • A thorough understanding of Wisconsin traffic laws and insurance practices

We take the time to learn how your accident happened and how it has affected your life, so we can pursue compensation that reflects your losses.

Call today to schedule a free consultation with our Madison personal injury attorneys. 

How the Wisconsin Car Accident Claim Process Works

Understanding the Wisconsin car accident claim process can help you avoid missteps and make informed choices after a crash. While every case is unique, most claims in Madison follow several key stages, each of which can affect your ability to recover compensation.

Step 1: Seek Medical Care and Document Your Injuries

The claim process typically begins with medical treatment. Even if you feel relatively fine, injuries such as whiplash, concussions, or internal trauma may not show symptoms right away. Prompt medical care protects your health and creates records that connect your injuries to the accident.

Keep copies of hospital bills, doctor’s notes, prescriptions, and follow-up care instructions. These records play a central role in proving the extent of your injuries and the financial impact of the crash.

Step 2: Report the Accident and Gather Initial Evidence

In Wisconsin, most car accidents should be reported to law enforcement. A police report provides an official account of the crash, including the parties involved, witness information, and any citations issued.

Other important evidence may include photographs of the vehicles, damage, skid marks, road conditions, and traffic signals. Witness statements and contact information can also strengthen your claim, especially if fault is disputed.

Step 3: Notify Insurance Companies

After the accident, insurance companies must be notified. Wisconsin is a fault-based state, meaning the at-fault driver’s insurer is generally responsible for covering damages. However, your own insurer may also be involved, particularly for medical payments coverage or uninsured or underinsured motorist claims.

Insurance adjusters may request recorded statements or quick settlements. It is important to understand that insurers are focused on limiting payouts. Speaking with a Madison car accident attorney before providing statements can help protect your interests.

Step 4: Investigate Fault and Liability

Determining who caused the accident is a critical part of the claim process. Liability may be straightforward in some cases, such as rear-end collisions, but more complex in others, including multi-vehicle crashes or rideshare accidents involving Lyft or Uber.

An attorney can review traffic laws, accident reports, vehicle damage, and, when necessary, work with experts to establish fault. This step is especially important when the insurance company argues that you share responsibility for the crash.

Step 5: Calculate Damages and File a Claim

Once your injuries and losses are understood, your claim can be formally submitted to the at-fault insurer. Damages may include medical expenses, lost income, reduced earning capacity, and non-economic losses such as pain and suffering.

Properly valuing a claim requires more than adding up current bills. Future medical care, long-term limitations, and how the injuries affect daily life must also be considered. A Madison personal injury lawyer can help ensure all losses are accounted for.

Step 6: Negotiate a Settlement

Most Wisconsin car accident claims are resolved through settlement negotiations rather than trial. During this stage, the insurance company may make one or more settlement offers.

Negotiations can take time, particularly if medical treatment is ongoing or liability is contested. Accepting an early offer may leave you responsible for future expenses, so it is important to understand the full value of your claim before agreeing to a settlement.

Step 7: File a Lawsuit, if Necessary

If a fair settlement cannot be reached, filing a lawsuit may be the next step. Litigation allows both sides to exchange evidence and, if necessary, present the case in court.

While not every claim goes to trial, being prepared to litigate can strengthen your negotiating position. A Madison car accident attorney can explain what to expect and whether pursuing a lawsuit makes sense for your situation.

Contact Eisenberg Law Offices Today for a Free Consultation With a Madison Car Accident Attorney

If you were injured in a car accident in Madison, Wisconsin, you do not have to navigate the claim process alone. With 140 years of combined experience and more than $100 million recovered, Eisenberg Personal Injury Lawyers, is prepared to help you move forward. Contact our team today to speak with a Madison car accident lawyer and learn how we can help.

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