Wisconsin Personal Injury Attorneys
Representing Victims of Car, Truck, and Other Accidents in Appleton, Oshkosh, Green Bay, Waupaca, and the rest of northeast Wisconsin
JOHN D. CLAYPOOL | RICHARD T. ELROD | KEVIN LONERGAN | MICHAEL S. SIDDALL | KATELYN P. SANDFORT
Aggressive Advocacy • Significant Results • Since 1959
Life can take unexpected turns, and accidents can happen when we least expect them. If you or a loved one have suffered from a personal injury, you may be left with unmanageable medical expenses, long-term care needs, lost wages, and an inability to care for your family. You may feel overwhelmed and frustrated by your inability to quickly recover money from an insurance company.
A personal injury isn’t just an accident – it’s a disruption that can affect your well-being and your future. When Your Future Is At Stake, Herrling Clark Law Firm, Ltd. will provide unwavering support and expert legal representation, so you can focus on healing while we handle the legal aspects of your case.
With offices in Appleton, Oshkosh, Green Bay, and Waupaca, Herrling Clark Law Firm, Ltd. will tirelessly pursue maximum compensation for your injury claim. Contact us today to discuss your situation during a free initial consultation.
Effective Courtroom Strategy
Our team of dedicated personal injury lawyers possesses a wealth of experience in handling a wide array of cases, ranging from the aftermath of automobile accidents to the complexities of product liability claims. We understand that each case is unique, and we are committed to meticulously investigating every detail to ensure that justice is served for you or your loved ones.
Our detail-oriented attorneys take the time necessary to prepare a comprehensive and compelling case. We understand that the success of a personal injury claim hinges on the strength of the evidence presented. This commitment to detail and preparation allows us to navigate the complexities of personal injury law and provide you with the highest level of representation.
Many cases can be resolved outside of the courtroom, and we leverage our negotiation skills to ensure that you receive fair and just compensation without unnecessary delays. In the event that negotiations do not yield a favorable settlement, rest assured that Herrling Clark Law Firm, Ltd. is prepared to take your case to trial.
If you or a loved one has suffered an injury, timing is critical. The sooner you initiate your case, the more likely it is that you will preserve evidence necessary for your recovery. We handle the following types of personal injury cases:
Herrling Clark Personal Injury Law Firm
Serving Northeastern Wisconsin
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Frequently Asked Questions (FAQs)
After establishing your right to recover, the next step is to determine if there are insurance companies who are liable for payment of your damages. At times, more than one insurance company may be liable. If the at-fault party carried no insurance, there may be other parties with a legal relationship to the at-fault party who have insurance.
The laws pertaining to the different types of insurance coverages and the right of insurance companies to be reimbursed (“subrogation”) can be quite complex. There are times when liability insurance companies rightfully or wrongfully deny that their insurance policies will cover negligent parties. There are also times when your own insurance company may rightfully or wrongfully deny that your insurance policy will cover your claims.
Uninsured/Underinsured Motorist Coverage
Sometimes, the negligent party has no insurance, and no other party is responsible for the accident. In these situations, you may have the right to pursue claims against your own insurance company for uninsured motorist (UM) benefits.
If the negligent party had insurance but its limits were not adequate to cover your damages, you may have the right to pursue claims for underinsured motorist (UIM) benefits against your own insurance company.
If you were a passenger in someone else’s vehicle, you may have the right to pursue claims for UM or UIM benefits from the insurance company that insured the vehicle and/or your own insurance company.
Health/Disability and Medical Payments Insurance Coverages
You may also have other coverage that provides benefits to you for damage caused by someone else’s negligence. Medical payments (med pay) coverage is a type of coverage that you can purchase through your own auto insurance company for the purpose of covering your accident-related medical bills.
If you have disability, mortgage, or auto loan insurance, you should also take advantage of those policies.
Workers’ Compensation
If your accident occurred while you were working on the job, you may have the right to recover workers’ compensation benefits, which includes coverage for your accident-related medical bills. However, benefits under workers’ compensation laws will rarely fully compensate you for the damages caused by an accident. You also have the right to seek compensation from the at-fault party and his or her insurance company, but your workers’ compensation carrier may be entitled to a portion of that recovery.
Consult with an attorney.
It is always best to talk to an experienced attorney as soon as possible so that a lawyer can help you understand the different types of insurance coverages that may affect your personal injury claims. Contact our attorneys to schedule a consultation to discuss your case.
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Since 2009, Wisconsin auto insurance laws have fluctuated. In 2009, the “Truth in Automobile Insurance” law was passed, instituting sweeping changes to Wisconsin insurance laws. However, almost all of the “Truth in Auto” changes were repealed in 2010. Below is a chart that may help consumers understand Wisconsin’s current insurance laws as compared to what the laws used to be.
| Issue | Pre-2009 Law | “Truth in Auto” Law
(policies issued or renewed after Nov. 1, 2009, unless otherwise noted) |
New Law
(policies issued or renewed after Nov. 1, 2011) |
|---|---|---|---|
Mandatory Insurance |
One of the two states in the U.S. that does not require all drivers to carry insurance | All drivers required to carry auto insurance
(effective June 1, 2010) |
Auto insurance is still mandatory |
Minimum Liability Limits |
Set in 1982, minimum liability limits were $25,000 (one person)/ $50,000 (per occurrence)/ $10,000 (property) | Minimum limits were increased to $50,000 / $100,000 / $15,000 | $25,000 / $50,000 / $10,000 |
Uninsured Motorist (UM) |
Mandatory coverage, with minimum limits of $25,000 / $50,000 | Mandatory coverage, with minimum limits of $100,000 / $300,000 | Still mandatory, but minimum limits were reduced to $25,000 / $50,000 |
Underinsured Motorist (UIM) |
Coverage was optional, and if chosen, required limits of at least $50,000 / $100,000 | Mandatory coverage, with minimum limits of $100,000 / $300,000 | Coverage is now optional, but if coverage is included, limits must be at least $50,000 / $100,000 |
Definition of UIM coverage |
Each company can create its own definition of what is considered an underinsured motor vehicle. | Underinsured motor vehicle was defined by statute and compared the negligent driver’s liability limit with the amount of damages actually sustained by a victim | Revert to the Pre-2009 law allowing companies to define UIM however they want, often comparing the negligent driver’s liability limit to the victim’s UIM coverage with no respect for actual damages sustained |
UM/UIM Umbrella Coverage |
Companies were obligated to offer UM/UIM coverage on an umbrella policy but were not required to document consumer responses to the offer | Companies must still offer UM/UIM coverage on an umbrella policy, but consumers refusing the coverages must do so in writing | Companies no longer need to offer UM/UIM coverage on an umbrella policy |
Med Pay |
Optional, $1,000 minimum | Optional, $10,000 minimum | Optional, $1,000 minimum |
Stacking |
Consumers who own more than one policy were not allowed to access coverages from the additional policies | Consumers were able to access additional coverages from up to 3 UM/UIM policies | Stacking is no longer mandated by statute — refer to your individual policy to see if stacking is allowed |
Reducing Clauses |
Companies are allowed to reduce your UM/UIM coverages to reflect the insurance carried by the other driver | Reducing clauses were prohibited. Consumers could access all of the UM/UIM coverage they paid for. | Revert to the Pre-2009 law, reducing clauses are permitted. |
Hit and Run Coverage |
Companies could deny claims where no physical contact occurred, even if there were witnesses to the accident | UM coverage was required to cover hit and run accidents even if no physical contact occurred, if there was evidence by an independent third party to the accident | If you are run off the road, or an accident is caused by a vehicle that does not make physical contact with you, the new “Phantom Motor Vehicle” law requires several things for coverage to be considered:
You must have a witness who can corroborate what happened, and the witness cannot have a claim as a result of the accident Within 72 hours of the accident, an accident report must be made to law enforcement Within 30 days, you must file a report with your insurance company under oath setting forth the facts of the case |
Consulting with an Attorney
If you have been injured, it is always best to talk to an experienced personal injury attorney as soon as possible so that a lawyer can help you understand Wisconsin’s current auto insurance laws. Contact our personal injury attorneys to schedule a consultation to discuss your case.
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