Q: Should I see a doctor, even if I think my injuries are minor?

A: If you have pain or don’t feel well after a crash, you should get a medical evaluation, even if you think the injury is minor. If you do not get medical care, your injury could be more difficult to treat. Additionally, the insurance company will want proof of your injury before agreeing to settle your claim. If you do not get medical care, even for minor injuries, there will be no record of them.

Q: How soon after a crash should I seek medical care?

A: For serious problems, get immediate medical attention at the emergency department of the nearest hospital. For less serious problems, you should be evaluated as soon as possible after the crash. Always follow the advice of the health care providers concerning follow-up evaluations and care.

Q: Should I get treatment from a chiropractor?

A: The type of medical care you seek after a crash is a very personal decision. Some people believe that chiropractic care is just as good, or better, then traditional medical care. Others believe chiropractic care is not as good as traditional medical care. Whatever your beliefs are about chiropractic care, you should know that choosing to go to a chiropractor after a crash could make resolving your claim more difficult, and could leave you with less in your pocket after you settle your claim. Although chiropractic care has gained in acceptance in the community, many insurance companies still do not “value” chiropractic care as high as traditional medical care. Additionally, some chiropractors are known to “over-treat” their patients, running up large bills; and, some of these, then, refuse to submit the bills to your health insurance or the medical payments coverage of your automobile policy. This practice leaves you with a larger, unpaid chiropractic bill and, because you did not receive the benefit of your health plan’s discounts, you will have to pay the full amount of the bill out of your settlement.

Q: Who pays my medical bills if I am in a car crash?

A: If the driver of the car that caused the crash has insurance, that insurance company is not going to pay your medical bills as you incur them, but will wait until you settle your claim to pay the medical expenses. Although each injury case is different, in most circumstances, you will want your medical bills submitted to your health insurance, first, as you incur the bills. This allows you to take advantage of the discounts that most commercial health insurers have with health care providers. If there are co-pays or balances remaining after your health insurance has paid, these can be submitted to your own automobile insurance company to be paid under the medical payments provision of your auto policy. If your health insurance is governed by ERISA (Employee Retirement Security Act of 1974), a federal law, you may not want to have your medical bills submitted to your health insurance, first. Speaking with an experienced injury lawyer can help you decide the most advantageous way to have your medical bills paid.

Q: What if I don’t have health insurance to pay my medical expenses?

A: If you don’t have health insurance, your bills can be submitted for payment by the medical payments coverage of your automobile insurance policy. If your bills are more than your medical payments limits, arrangements can sometimes be made with your medical care providers to make monthly payments, or for discounts. Sometimes medical care providers will agree not to bill you until your injury claim is settled. The responsible insurance company will not pay your medical bills as you incur them. If you are in this situation, you should speak with an experienced injury lawyer to discuss what options you have.

Q: Do I need to give a statement to the insurance company of the car that hit me?

A: No. You are under no obligation to give a statement to the responsible person’s insurance company. In most cases, you should not give a statement to the other driver’s insurance company without first speaking with a lawyer. If you have given a statement, make sure the insurance company gives you a copy of it, because you are entitled to have
a copy.

Q: Do I need to sign the insurance company’s medical records release forms to allow it to get my medical records?

A: You will need to give the insurance company proof of your injuries, medical care and medical bills if you want it to compensate you, but you do not have to sign the insurance company’s medical records release forms, which often have no date restrictions and have no limitations on the types of records to be released. You can obtain copies of your injury-related records, yourself, and give those directly to the insurance company. In more significant cases, you should seek the help of a lawyer in order to control what records the insurance company sees.

Q: How long do I have to file a claim after my Wisconsin car crash?

A: In Wisconsin, the Statute of Limitations – the time in which you have to either settle your injury claim or file a lawsuit, is three (3) years from the date of the crash. If you were in a crash with governmental entity (city snow plow, school bus, police car, etc.) there are special notice requirements and other time-lines that need to be met. You should speak with a lawyer as soon as possible in those cases to determine the time-lines and other requirements of your claim.

Q: Do I need a lawyer to handle my Wisconsin crash claim?

A: Not always. Although we believe you should speak with an experienced lawyer if you have been injured in a crash in Wisconsin, in some cases, you will probably be better off financially handling the claim by yourself. Remember, you will have to pay a lawyer for handling your claim, and that will reduce the amount you get in the end.

If your crash claim only involves property damage, or only involves minor injuries which your doctor believes have resolved with just a few visits, and a small amount of medical bills or lost wages, you may be able to settle it on your own, without the need to hire a lawyer. In Wisconsin, you are entitled to recover for you pain and suffering, lost income, other out-of-pocket expenses related to your injuries and medical care, and the full amount of your medical charges, not just the amount that was paid by your health insurance. Do not let the insurance company try to tell you they will only pay you the amount paid by your health insurer. In most cases, you will also be required to reimburse your health insurer for at least a portion of the amount it has paid for your medical expenses (the other driver’s insurance company might not tell you this).

If you are not sure whether you should settle your claim on your own, call us. After we get the facts, we will tell you what we think. In some cases, for a flat fee, we will also agree to look at your documentation before you send it to the insurance company with your settlement demand.

Q: How much will I have to pay a lawyer to help me with my injury claim?

A: Generally, when you hire a lawyer to handle your injury claim, you will need to pay her for the time he spends (his attorney fee), as well as the out-of-pocket expenses he incurs handling and pursuing the claim on your behalf. Personal injury lawyers will agree to handle most car crash claims on a contingency fee basis, instead of an hourly basis. What this means is that the lawyer will not require an up-front payment, a retainer, or a monthly payment based on the hours he has worked. Instead, with a contingency fee agreement, the lawyer is only paid an attorney’s fee if he is successful in obtaining compensation for you. The amount of the contingency fee usually ranges from 25%-33% of the amount recovered, but can be negotiated with the lawyer. The contingency fee contract is required to be in writing and will also include provisions for how the lawyer’s out-of-pocket expenses are to be paid. You should always review the contingency fee contract with the lawyer so you fully understand how she will be paid, and ask any questions you have, before signing it.