I Was Injured in an Auto-Accident.  What do I do?

First, you need to seek medical care for the injuries you sustained in an auto-accident.  Next, call Padway & Padway Law Offices.  Our personal injury lawyers are experienced in the process and ready to assist you during this stressful time.  We know how to guide you through the auto-accident claim process so that you can focus on healing.  Our goal is twofold, make your life easier during this difficult time and make sure you are fairly compensated for both your injuries and your property damage. 

Should I give a statement to my insurance company?

You should first speak to a lawyer before providing a statement to your insurance company or an at-fault party’s insurance company.  If you are contractually obligated to give a statement to your insurance company, the lawyers at Padway & Padway will schedule a time and be there with and for you when that occurs.  Oftentimes, insurance companies will take statements in order to use them against you in the claim process.  You need an experienced attorney to guide you though this process so that your rights and our claim are protected.

What types of compensation can I receive for my injuries in an auto-accident?

You are entitled to compensation for past and future medical expenses such as emergency medical care, physical therapy care, chiropractic care, surgical care, and more. 

You are entitled to compensation for pain and suffering, this can be both short term and long term pain and suffering as a result of the auto-accident. 

You are entitled to compensation for lost wages.  This means that you are entitled to be reimbursed for missed work due to injuries or treatment because of the auto-accident.

You are entitled to compensation for property damage.  If your vehicle is damaged, you are entitled to the cost of repair.  In the event your vehicle is deemed a total loss, you are entitled to the value of the vehicle at the time of the auto-accident.

You are entitled to compensation for loss of consortium, meaning the nature of the injuries effects your ability to maintain a relationship.

You are entitled to burial costs in the traffic event that you or a loved one does not survive the auto-accident.

You are entitled to out-of-pocket expenses such as gas costs for medical appointments, child care expenses, housekeeping help, car rentals, Uber or Lyft costs, and more. 

You are entitled to emotional distress, such as anxiety, fear, post traumatic stress disorder, depression, and psychiatric care because of the auto-accident.

What role does auto-insurance play in this process?

Your auto-insurance policy exists to both insulate you should you be at-fault for an auto-accident and to compensate you for damage to your car and your injuries because of an auto-accident.  Your policy provides coverage to the named insured, spouse, or other relatives living in the home, and anyone else that is authorized to operate your car, including in the event you are hit by someone without insurance.

The at-fault driver’s auto-insurance policy is an avenue for you to recover for the damage sustained to your vehicle and for the injuries you’ve sustained because of the auto-accident.

Some of the important terms that can be found on the declarations page of your automobile policy are as follows:

Bodily Injury Liability Coverage – If you cause an accident to another person, this coverage protects you from their claims up to the amount of coverage on your policy.  For instance, this covers another’s medical expenses, future and past pain and suffering, and medical expenses. 

Property Damage Liability Coverage – If you cause an accident to another person, this coverage protects you from their claims regarding damage to their vehicle up to the coverage amount on your policy.

Uninsured Motorist Coverage – If you are hit by another driver that does not have insurance, or if you are hit by a hit and run driver, this coverage allows you or family members to collect compensation for your injuries up to the coverage amount on your policy.  The minimum amount of coverage required by law is $25,000 per person and $50,000 per accident for bodily injury only.  It is recommended to carry more than the minimum coverage.

Underinsured Motorist Coverage – If you are hit by another driver that has auto insurance, but your injuries exceed the coverage amount on the at-fault driver’s policy, this coverage can be used to make you whole.  The maximum amount payable is the difference between the two limits.  For instance, if the at-fault driver’s bodily injury liability coverage is $50,000 per person, and your underinsured motorist coverage is $200,000, then you can recover $150,000 in underinsured motorist coverage.  However, using the same example, if you underinsured coverage is $50,000, then you would not be able to collect under your underinsured Motorist Coverage because the difference between your coverage and the at-fault driver’s coverage is 0.

Medical Payment Coverage – This coverage pays medical or funeral expenses.  Medical Payment Coverage usually covers only those payments not covered by health insurance.

Collision Coverage – This coverage pays for physical damage to your vehicle as a result of an accident.  You are entitled to an amount equal to the cost of repair of your vehicle.  However, if the cost of repair of your vehicle is greater than the value of your vehicle prior to the accident, then your vehicle is deemed a total loss and you are entitled to the value of your vehicle at the time of the accident. 

Comprehensive Coverage – This coverage pays for physical damage to your vehicle because of fire, vandalism, water, hail, glass breakage, wind, falling objects, deer and more.

Don’t worry if this is a lot of information.  The personal injury lawyers at Padway & Padway will obtain copies of all the insurance policies applicable to your auto-accident to make sure you receive all the compensation you are entitled to under the law.

What role does health insurance play in an auto-accident claim?

Your health insurance exists to make necessary medical care affordable to you.  Personal injury claims can take time to resolve and it is important that you are getting all the treatment you need to recover from your injuries.  Ultimately, the lawyers at Padway & Padway will fight to get all of your medical bills covered by the appropriate insurance policy.  Further, we can work to get these medical bills reduced which ultimately puts more money in your pocket at the end of the claim.

How is liability determined in an auto-accident claim?

Determining who is at fault in an auto-accident sometimes requires the services of a highly skilled personal injury lawyer.  At Padway & Padway Law Offices, we are exactly that.  We will track down police reports, witness statements, surveillance footage, and use private investigators to make sure the at-fault driver is held accountable for the injuries you sustained because of their negligence.  This includes accidents caused by distracted driving, drunk driving, speeding or just not paying attention to the road. Our lawyers represent victims of many types of accidents, and we pursue the just compensation that you are entitled to receive.

What are common causes of motor vehicle collisions in Wisconsin?

Car crashes occur for a variety of different reasons.  The personal injury attorneys at Padway & Padway Law Offices will investigate the cause of the accident to make sure you are fairly compensated.  Some common reasons include, but are not limited to:

Speeding – This occurs when an individual is driving a motor vehicle and/or car at a speed that is greater than is reasonable and prudent under the conditions. 

Inattentive Driving – This occurs when an individual is driving a motor vehicle and/or car while engaged or occupied by an activity other than operating the vehicle. 

Failure to Yield to Right of Way – This occurs when an individual driving a motor vehicle and/or car fails to yield to another vehicle as is required by law. 

Operating While Intoxicated – This occurs when an individual operates and/or drives a motor vehicle and/or car while under the influence of an intoxicant, a restricted controlled substance, or with a prohibited alcohol concentration.

Motor vehicle defects – This occurs when an individual operates a motor vehicle and/or car that has a defective condition that inhibits the safe operation of the vehicle. 

Reckless Driving – This occurs when an individual operates a motor vehicle and/or car in a way that endangers the safety of others.

I have more questions OR protect my rights as I go through the process?

Call the personal injury attorney’s at Padway & Padway Law Offices at 414-277-9800