The aftermath of a car accident is undoubtedly devastating. Not only do you have to deal with your injuries, but you also have to take care of the unexpected financial burden (medical bills, lost wages). Seeking compensation to recover your losses may be the pressing issue on your mind right now, but you don't know where to start.
Our car accident lawyer at Bykhovsky Law shares five things you need to do after a car accident in Wisconsin.
1. Seek Medical Attention
If you were involved in a serious accident that left you unconscious, you were probably rushed to the hospital for treatment. Even if the accident is minor and you don't suffer any visible injuries, it's always important to seek medical attention. Some injuries, such as whiplash, concussion, or even emotional trauma, may have delayed onset of symptoms, hence the importance of a thorough medical examination immediately after the accident.
Besides receiving proper treatment to guarantee your well-being, medical records are crucial evidence when filing a compensation claim and proving liability for the accident.
2. File an Accident Report with the Police
Following the accident, the police will probably respond to the accident scene and complete the report. If the police do not file the report, you should do so. The report is a crucial source of evidence that documents the injuries, vehicle damage, and insurance information of the at-fault driver.
3. Hire a Car Accident Lawyer
Wisconsin is an at-fault state, meaning the person who causes an accident is liable for the resulting damages. However, the state applies the comparative negligence rule. While you may be able to recover damages as long as your contribution was not greater than that of the other party, proving liability requires the input of an experienced car accident lawyer.
A car accident lawyer knows the applicable laws that can help back up your claim. In addition, they have experience investigating similar cases, including sourcing for relevant expert witnesses and other helpful evidence such as vehicle recall reports or event data recorders.
While hiring a personal injury lawyer does not guarantee a win, having expert help on your case gives you leverage when facing the defendant and their insurer.
4. Gather Evidence
Evidence is the pillar of a car accident claim. Different types of evidence help in establishing liability, proving negligence, and supporting damage claims in the negotiations.
With the help of a car accident lawyer, you should gather evidence such as photos of the accident scene (skid marks, traffic control devices, debris from the collision, property damage, bodily injuries), police report, witness testimony, medical records, and CCTV footage of the accident scene (if available).
5. File the PERSONAL INJURY Claim
If you suffered injuries, you can file the claim once you reach maximum medical improvement (MMI). You may need to wait until the doctor determines you've reached MMI, which is a point where you've probably recovered to the fullest.
However, you should be mindful of the filing timelines as you wait. If you file the claim and the insurer fails to settle fairly, necessitating going to trial, you have a limited time to commence a lawsuit. Wisconsin statute of limitation for personal injury lawsuits is three years. If you file after three years have elapsed since the accident date, the court would dismiss your case.
We Can Help You, CONTACT A CAR ACCIDENT LAWYER
If you had a car accident in Wisconsin, Bykhovsky Law can help you navigate the aftermath. Engaging a car accident lawyer immediately ensures you have experienced counsel to protect your rights and help with evidence preservation. Contact us today for a free consultation and learn your legal options.
