Common Misconceptions About Car Accident Claims in Wisconsin

This is a common misconception. Wisconsin is an "at-fault" state for auto accidents. Under the state's fault system, the party who caused the traffic accident (the at-fault party) will hold financial liability for bodily injuries, property damages, and other accident-related expenses suffered by the accident victims.  

To seek medical expenses and other damages, you can proceed by: 

• Filing a first-party claim with your own insurer. 
• Filing a third-party claim against the insurance company of the at-fault party. 
• Filing a personal injury lawsuit against the at-fault party in civil court. 

Getting immediate medical treatment after an accident is important for both personal and legal reasons. Even if you feel fine or only sustained minor injuries, you should still seek medical treatments from an experienced doctor for the following reasons: 

• For your overall health, safety, and general well-being. 
• To determine the extent of your physical injuries. 
• To detect any hidden injuries and symptoms that are yet to fully manifest. 
• For proper documentation of your injuries, medical treatments, and medical reports. 
• To comply with insurance requirements in your area. 
• To avoid potential issues with the insurance carrier when filing your claims. 

This is not true. According to the Wisconsin Department of Transportation, any traffic crash within the state must be reported if the accident causes an injury, death of a person, and property or vehicle damage of $1,000 or more.  

Also, accidents that result in $200 or more in damage to state or other government-owned property must be reported. Even if it is a minor accident, you still need to report it to obtain a police report and comply with insurance requirements. 

This is not essentially true. Wisconsin operates using the modified comparative fault system, with a 51% bar. According to the principle, a car accident victim may be eligible to seek damages if the other party was mostly (51% or more) responsible for the crash. However, the amount of compensation that may be recovered will be reduced by the plaintiff’s percentage of fault. 

Under Wisconsin's modified comparative fault rule, the accident victim will be completely barred from pursuing damages if they were found to be mostly (51% or more) at fault for the car crash or the victim’s injuries. 

Filing your accident claims by yourself or navigating the injury claims process without seeking detailed guidance is never a good idea. After the traffic crash, it is important that you hire a seasoned attorney to help you with your injury claims. 

Furthermore, your legal representative can evaluate all of the surrounding your case, gather required evidence and documentation, and enlighten you about your possible options to seek damages. In addition, your Wisconsin car accident lawyer can help file your claims, establish liability, handle all discussions and negotiations with the insurance companies involved, or file a lawsuit if necessary.