Car Accidents Attorney in Janesville, Wisconsin

Cars are the most common mode of transportation and unfortunately, accidents happen in cars all of the time. While some are small fender-benders, others have catastrophic effects on the people involved. If you have been in a motor vehicle accident, the most important thing to do is focus on your health and recovery. You can also hire an attorney to help you file a claim against the responsible party.

At The Paul Benson Law Firm, I am proud to be Rock County’s premier personal injury attorney and I am here for you when you need help. I’ve been standing up for victims of personal injury for years, ensuring that they are treated fairly throughout a difficult process. I serve not only Rock County, but Janesville and Beloit, Wisconsin.

Car Accident Liability in Wisconsin

In every motor vehicle accident, liability must be determined for insurance purposes as well as damages. Wisconsin is an “at-fault” state. This means that if you do get into a motor vehicle accident, you have to first file a claim with your own insurance. Then, you need to file a claim against the at-fault driver. Afterward, you may want to contact a personal injury attorney so that you can file a personal injury lawsuit against the at-fault driver.

Wisconsin Insurance Requirements

Drivers in Wisconsin have to meet certain insurance requirements. They must have the following:

• $25,000 liability coverage for bodily injury or death of one person
• $50,000 liability coverage for total bodily injury or death liability
• $10,000 liability coverage for property damage per accident

This ensures that there is coverage when a claim is filed with an insurance company after an accident.

State Laws for Personal Injury Claims

There are two important things to keep in mind when filing a personal injury claim. The first is the statute of limitations. In Wisconsin, the allowable time frame for filing a claim is three years from the date of injury. Afterward, you won’t be able to file a claim.

The second is that Wisconsin is a “modified comparative fault” state. This means that, when assigned fault, the person filing a claim will be unable to seek compensation if they are more than 50% to blame for the accident.

Filing a Wrongful Death Claim

In Wisconsin, wrongful death is defined as a death that is caused by another party's wrongful act, neglect, or default in a situation when the deceased could have filed a personal injury lawsuit had they survived.

The Centers for Disease Control and Prevention states that there are 37,595 motor vehicle deaths a year. Losing a loved one is hard, especially if it is at the hands of an unexpected car accident. If you have lost a loved one because of someone else’s negligence, you can file a wrongful death claim on their behalf. Anyone who is a close family member of the deceased — such as parents, spouses, children, or siblings — can file on behalf of their loved one. In order for it to be considered a wrongful death, there must have been a duty of care that was breached between your loved one and the other party.