Are you feeling unsure about what to do after a motorcycle accident in Wisconsin? You’re not alone. Many riders have questions about their rights, their legal options, and what comes next. Getting answers early can make a big difference as your claim progresses.
The legal team at LawtonCates is here to help. Below, we’ve answered some common questions we receive from clients hurt in Wisconsin motorcycle wrecks. Contact us today for personalized answers based on your specific case. We offer free consultations, and there’s no obligation.
What Should I Do Immediately After a Motorcycle Accident?
One essential step after a motorcycle accident is to seek medical attention immediately. That’s true whether you suffered a serious injury or feel completely fine. Once your condition stabilizes, you should:
- Collect and save records related to the motorcycle crash. Keep all bills, reports, letters, and receipts. This includes anything tied to your medical care, missed work, or damage to your motorcycle.
- Avoid talking to the other driver’s insurance company. The other driver’s insurer might try to contact you. Don’t give a recorded statement or accept any settlement until you talk to an experienced motorcycle accident lawyer.
- Be careful about what you post online. Insurance companies often check social media. Avoid posting about the crash, your injuries, or anything that could make it seem like you’re not hurt.
- Talk to a Wisconsin motorcycle accident attorney as soon as possible. They can explain your rights, deal with the insurance company, and advise you of your legal options so you can make an informed decision about what comes next.
How Long Do I Have to File a Motorcycle Accident Claim in Wisconsin?
In most cases, you have three years from the date of the crash to file a motorcycle accident case in Wisconsin. If the collision caused a death, the deadline drops to two years. If the limitations period expires, the court will likely reject your case, and you will lose your right to compensation.
It’s important to remember that the statute of limitations applies even if you’re still recovering or negotiating with the insurance company. Talk to a personal injury lawyer early on so you don’t miss your chance to take legal action.
What Types of Compensation Can I Receive for a Motorcycle Accident Injury?
If you were injured in a motorcycle crash in Wisconsin, you could receive financial compensation for the impact the crash has had on your life. Here are common types of motorcycle accident compensation you could receive from a personal injury claim in Wisconsin:
- Medical bills – The costs of doctor’s visits, surgeries, therapies, medications, and future care
- Lost wages – Any income you lose if your injuries force you to miss work
- Loss of future earning capacity – The estimated income you’ll lose in the future if your crash injuries reduce your ability to work
- Pain and suffering –The physical pain and emotional distress you experience due to your injuries
- Loss of enjoyment of life – The loss of the ability to participate in activities you used to enjoy
- Out-of-pocket expenses – Reimbursement for money you’ve spent on accident-related expenses such as transportation to medical appointments, medical equipment, or help around the house while you recover
How Is Fault Determined in a Motorcycle Accident?
Before you can recover compensation after a motorcycle accident, you must determine who is responsible for the crash. This process involves evaluating evidence collected from the accident scene, including photos, video footage, skid marks, witness statements, and the police report. Sometimes, you may need experts in accident reconstruction to assess how the collision happened and who is at fault. Insurance companies, personal injury attorneys, and courts use this information to identify who should be held liable. If disputes arise, your motorcycle accident lawyer can present evidence demonstrating the other party’s negligence and duty to pay.
Can I Still File a Claim if I Was Partially at Fault for the Crash?
Yes. You can file a motorcycle accident claim in Wisconsin even if you share some blame. State law says you can recover money from other parties as long as you are no more than 50 percent at fault. However, the amount you get will decrease based on your share of fault.
Insurance companies often try to use this law to reduce or deny payouts by shifting as much blame onto you as possible. If they succeed in making you look mostly at fault, you could lose your right to the compensation you deserve. That’s why it’s so important to have an experienced motorcycle lawyer who can fight back against unfair claims of fault.
What If I Wasn’t Wearing a Helmet?
You can still file a motorcycle accident claim even if you weren’t wearing a helmet when the crash occurred. Wisconsin law only requires riders under 18 or who hold instructional permits to wear helmets. This means most adults can legally ride without a helmet.
Even if the law is working in your favor, insurance companies may still argue that your injuries were more severe because you weren’t wearing a helmet, using that tactic to try to lower the compensation they owe you. That won’t work in Wisconsin. State law says failure to wear a helmet cannot reduce an accident victim’s recovery for injuries or related damages.
How Much Does It Cost to Hire a Wisconsin Motorcycle Accident Lawyer?
Most motorcycle accident lawyers in Wisconsin, including the ones at LawtonCates, accept cases on a contingency fee basis. This means you don’t pay anything upfront, and your attorney only gets paid if they recover money for you. Their fee usually comes out of the final settlement or court award, so you don’t have to worry about paying out of pocket. If you don’t win, you don’t owe any legal fees. Before hiring anyone, request the exact terms in writing so you know what to expect.
Contact Our Motorcycle Accident Attorneys in Wisconsin
Still have questions after reading our motorcycle accident FAQ? Now is the time to speak with a skilled personal injury lawyer. The legal team at LawtonCates can discuss your options, develop a strategy to pursue maximum compensation, and guide you through every step of the claims process. Contact us right away for your free initial consultation. There’s no cost to talk and no pressure to move forward unless you’re ready.