Been injured in an accident that was not your fault?
Every year, 39.5 million Americans receive medical care for personal injuries. That’s about 126.3 cases for every 1,000 people – and odds are you never thought it would happen to you.
The issue is…
Most people aren’t aware of their legal rights after a personal injury accident. They accept the first offer from the insurance company as if it were fair play. Without realizing they’re leaving thousands of dollars on the table.
When you don’t know your legal rights, you will have an uphill battle getting the compensation you deserve to cover your medical bills, lost wages, and pain and suffering.
In this post you will learn:
- Your Rights After a Personal Injury Accident
- The Claims Process That Actually Works
- How Much Your Case Might Be Worth
- When You Need Professional Legal Help
Your Rights After a Personal Injury Accident
Curious to know something that might surprise you?
You have more legal rights than you might think.
When a careless person or company causes your injury, the law is on your side. You have the right to receive money for everything from medical bills to your emotional trauma.
The thing is…
Insurance companies don’t want you to know this. They will try to settle your claim as fast as they can and for as little money as possible. That’s why having experienced Wisconsin Personal Injury Attorneys working for you matters most to protecting your rights and maximizing your recovery.
In reality, the purpose of personal injury law is to make you “whole” again. In other words, it places you in the same position you would have been if the accident never happened.
Specifically, your rights include the right to compensation for:
- All medical expenses (past and future)
- Lost wages and earning capacity
- Pain and suffering
- Property damage
- Emotional distress and mental anguish
Don’t let anyone try to tell you otherwise. These rights are yours, and you have every right to exercise them.
The Claims Process That Actually Works
Think filing a personal injury claim is difficult?
It doesn’t have to be. The key is knowing the process and following the correct steps from day one.
Here’s how it works…
Document Everything From The Start
The moment you get hurt, your case begins. And every single piece of evidence matters:
Document the accident scene, your injuries, and property damage with photos and videos. Get names and contact information from witnesses. Keep detailed records of all your medical treatments and expenses.
The reason? Insurance companies will look for any reason to deny or reduce your claim. Solid documentation protects you from this.
Seek Medical Attention Immediately
This one is critical – even if you feel “okay” after the accident.
Injuries sometimes have delayed symptoms. You could be in shock, adrenaline can mask pain, and conditions like whiplash and traumatic brain injuries may take time to appear.
Seeking medical treatment right away creates an official record of your injuries and their connection to the accident. Without this record, insurance companies will try to say your injuries were caused by something else.
Report The Accident Properly
Whether it’s a car accident, slip and fall, or workplace injury, proper reporting is critical.
File a police report for car accidents right away. Notify your employer for workplace injuries within the allotted time. Tell the property owner or manager for slip and falls.
Each of these reports becomes key evidence for your case.
Avoid Common Mistakes That Kill Claims
Never admit fault at the scene, even if you think you might be partially to blame. Don’t give recorded statements to insurance companies without speaking to a lawyer first.
And whatever you do, don’t accept the first settlement offer. You should expect it to be a lowball offer.
How Much Your Case Might Be Worth
This is what most people want to know…
“How much money can I get for my case?”
The average personal injury settlement is around $55,056, but your case could be worth more or less based on the factors above.
Settlement values depend on:
- Injury severity: Minor soft tissue injuries might be worth $3,000 to $25,000 in settlement value. Severe injuries with ongoing medical needs and lost wages can be worth six figures or more. Catastrophic injuries like spinal cord damage can lead to million-dollar settlements.
- Medical expenses: Factor into the settlement value of your case, including both current treatment and future medical needs.
- Lost income: If your injury prevents you from working, you can recover compensation for lost wages and reduced earning capacity.
- Pain and suffering: Includes the physical pain and emotional distress your injuries caused. It’s often the largest portion of a personal injury settlement.
- Liability: Clear-cut liability where the other party is obviously at fault tends to result in higher settlements.
Don’t get hung up on averages though. Every case is unique, and what matters most is fair compensation for your particular situation.
When You Need Professional Legal Help
Here’s something else that might surprise you…
Only about 4-5% of personal injury cases go to trial. Most are settled out of court.
That doesn’t mean you should try to handle it alone.
You need a lawyer when:
- Your injuries are serious or permanent
- The insurance company denies your claim or offers an unreasonably low settlement
- There’s dispute about who was at fault
- You’re not sure what full extent of your damages
The reason this matters…
People who hire attorneys receive far higher settlements on average than those who represent themselves. In one study, represented claimants received an average of $77,600 while self-represented individuals only got $17,600.
Insurance companies have teams of lawyers working to pay you as little as possible. You should have professional representation on your side too.
The Timeline That Matters
Personal injury cases don’t drag on for years like you see in movies.
Most cases settle in 6 to 12 months, though complex cases may take longer. The key is to start the process quickly – every state has a statute of limitations that limits how long you have to file a claim.
What About Legal Fees?
Most personal injury attorneys work on contingency fees, which means they only get paid if you win your case. Typical contingency fees range from 33% to 40% of your settlement.
This aligns your attorney’s interests with yours – they’re motivated to get you the best possible settlement.
Wrapping It All Together
Getting injured in an accident is stressful enough without legal confusion.
The good news? You have rights, and there is a clear path to recovery if you know what steps to take.
Document everything, seek medical attention, and report the accident properly. Understand that you are entitled to fair compensation for your damages – not just medical bills.
And remember – 95% of personal injury cases settle out of court. This is not about going to trial or fighting for years. It’s about getting the compensation you deserve so you can focus on getting better.
The most important thing? Don’t go it alone. Professional legal help can be the difference between a quick, lowball settlement and fair compensation that covers your losses.
Your physical and financial recovery both depend on understanding and protecting your rights from day one.