Unfortunately, not all auto accidents lead to viable legal claims. An attorney who reviews your case will look at several factors to determine whether your case is worth pursuing.
First, the attorney will assess who is at fault for the accident. Did another driver do something careless or reckless to cause your accident such as failing to brake, running a red light or crossing into your lane without putting on a turn signal? In some instances, multiple parties could be at fault.
Second, the lawyer will examine whether your own negligence contributed to the crash. In Wisconsin, your recovery of damages will be reduced in proportion to your degree of fault. If you are 51 percent or more at fault, you can be barred from recovering anything.
Third, the attorney will look at the amount of damages involved in your case. If it involves only a minor fender bender and minimal harm, pursuing a personal injury claim may honestly not be in your best interests. The costs and expenses may outweigh the potential recovery. On the other hand, a case involving extensive property damage and bodily injury or death generally should be pursued.
Finally, the lawyer will focus on available insurance coverage. Typically, you will turn to the at-fault driver’s auto insurance for recovering damages. If the driver lacks insurance or has insurance that won’t pay for all of your losses, your own uninsured / underinsured (UM / UIM) insurance may cover it. The lawyer will also look at the limits placed on these policies. (Please see our page on Car Insurance Issues for more information.)
The decision on whether to pursue a claim ultimately will be made by you and your family. However, you should strongly consider the insight that an experienced Milwaukee car accident lawyer can provide.
Posted in: Car Accident FAQs