Personal Injury Archives - Wisconsin Attorneys Schober Schober & Mitchell, S.C.

Our Unique Approach to Personal Injury Cases

January 22, 2017 Thomas Schober

Experienced Personal Injury Attorneys When You Need Them and How We Can Help

Not everyone wants a lawsuit, but everyone wants experienced attorneys when they need them. Our unique approach to personal injury cases is to resolve claims by settlement, to save time, save cost of litigation, and to eliminate the risks of litigation. Our emphasis is on settlement.

That said, if a lawsuit is necessary it will be commenced with every intention to go the distance because not every settlement offer is reasonable and not every case can be settled.

In addition, most attorneys who advertise aggressively charge fees that are a high percentage of your recovery. In our situation, because we emphasize settlement, our fees are reduced if we can resolve the claim by settlement.

About the Firm

Schober Schober & Mitchell, S.C. is committed to providing its clients quality legal service with the highest degree of legal ethics, professionalism and confidentiality. Fee arrangements are discussed during initial consultations. You will have comfort and peace of mind knowing that matters you entrust to Schober Schober & Mitchell, S.C. will be handled with a great degree of professional expertise with your best interests always first.

Schober Schober & Mitchell, S.C. prides itself in providing quality legal services at reasonable rates and is dedicated to serving all its clients’ legal needs.

Contact Us.

If you’d like to talk with our experienced personal injury attorneys about your case, please contact us for a free consultation.

Learn more about the Schober Schober & Mitchell, S.C. law offices. Three convenient locations: New Berlin, Oconomowoc and Racine.

Uninsured and Underinsured Motorist Coverage

January 7, 2017 Thomas Schober

In Wisconsin, you are required to have insurance and your insurance must include uninsured motorist coverage. All companies simultaneously issue underinsured coverage with uninsured motorist coverage.

Simply stated, uninsured coverage is coverage in the claimant’s policy that provides compensation if the other driver has no insurance. Underinsured coverage provides coverage if the responsible party does not have enough coverage to compensate the injured party fully for their damages.

None of this prevents you from pursuing the person who caused the accident, but sometimes uninsured or underinsured people have limited assets to satisfy a personal injury judgment. That’s simply reality. When that happens, you are forced to rely on your own policy or policies.

Q: What is the minimum insurance requirement under Wisconsin state law?

At present the minimum is $50,000.

Q: Do you often find yourself collecting on behalf of your claimant from the claimant’s own underinsured policy?

Yes, it’s common to make claims against our client’s own uninsured or underinsured policy.

For example, there might be two sisters in a car, and the sister driving pulls out in front of an oncoming vehicle and causes an accident that severely injures the driver’s sister. In this example, assume the sister has $100,000 of coverage and the injury to her sister has a value of $200,000. In that situation we will resolve the claim against the other driver’s insurer policy limit of $100,000, and then we will pursue our driver’s underinsured motorists’ coverage above that $100,000 recovery.

Q: What if it is a hit and run, and the person who was responsible for the accident was never found?

Hit and run accident situations when the other driver cannot be found is a uninsured motorist case, and the only potential recovery is from our client’s uninsured motorist’s coverage. Does that put you in an adversarial relationship with the claimant’s uninsured motorist insurance company, or is the insurer required to pay under the policy?

They are duty bound to pay for damages. There is no question of an adversarial relationship. The sole question is, what is the value of the injury?

Q: Does that put you in an adversarial relationship with the claimant’s uninsured motorist insurance company, or is the insurer required to pay under the policy?

They are duty bound to pay for damages. There is no question of an adversarial relationship. The sole question is, what is the value of the injury?

Learn more about the Schober Schober & Mitchell, S.C. law offices.

The insurance company for the driver who caused the car accident wants to talk to me. What should I do?

December 19, 2016 Thomas Schober

Generally, it is not in the best interest of the injured party to talk to the other driver’s insurance company representative. [In fact, if might not be wise to talk to your own insurance company without an attorney if the other driver is underinsured.

The representative of the other party’s insurance company is going to be looking at two things:

Determine ways to minimize the fault on the part of their insured, and
to find ways to minimize the injury and amount of recovery.

When the injured party is contacted by the insurance company they should indicate to the claims representative that they want the opportunity to talk to an attorney first. You should ask for the claims representative’s name, claim number, telephone number, and then seek the assistance of a qualified attorney.

What if it’s too late and the insurance company already recorded a statement from me?

There’s no right to an attorney during a recorded interview with the insurance company for the person who injured you in a car accident, but there is a right to say no.

If the insurance company is balking at a fair resolution to a claim, I will at times have my client interviewed. It is no different than what would happen in a deposition after a lawsuit is filed. I would try to settle the claim without the need for a lawsuit. However, under those relatively uncommon situations, I will always be present.

Therefore, contact an attorney as soon as possible and they will ask for audio copies of the interview review it and then talk to you.

Learn more about the Schober Schober & Mitchell, S.C. law offices.

“Claimant,” “Plaintiff” and “Defendant” in a Personal Injury Lawsuit

December 11, 2016 Thomas Schober

Legal terms can be confusing. What is a plaintiff? Who is a defendant? Here is a quick explanation of who the parties to a legal action are:

Claimant

The “claimant” is the person who has been injured and who would be making a claim for their injuries.

Plaintiff

The word “plaintiff” isn’t used until there is a lawsuit started.

Defendant

The party responsible for the plaintiff’s injuries is known as the “defendant.”

At the time of the accident and before or until a suit is filed, the injured party is considered the “claimant” or “potential claimant.” Then there is a “responsible party,” whomever caused the incident.

Learn more about personal injury lawsuits and the Schober Schober & Mitchell, S.C. law offices. Three convenient locations: New Berlin, Oconomowoc and Racine.

What should you do after a car accident?

December 5, 2016 Thomas Schober

It’s important to understand what should you do after a car accident. Your first priority is to determine whether or not there have been any injuries. In either case, the police should be contacted. When there is an injury, a call to 9-1-1 would be appropriate to secure medical support for anyone who was injured in the course of the accident.

In addition, as quickly as possible, you should identify any witnesses to the incident. It should not just be ‘the lady with the gray hair and a black car,’ but you should get specifics. You will need some way to identify them, hopefully by a name and telephone number, license plate, so that there can be a follow-up contact.

Often, people take photographs at the scene, but taking pictures with your camera phone may or may not really be in your best interest. If someone is hurt in an accident and they are out there taking pictures, it may seem like they aren’t hurt very seriously.

You should be candid with the police officer at the scene of the accident and tell them exactly what happened. Make certain that the police officer understands the critical parts of the description of the way in which the accident happened: If the other vehicle crossed the centerline, you want to make sure that the police officer thoroughly understands every pertinent detail, because later on it can help your personal injury case.

Learn more about the Schober Schober & Mitchell, S.C. law offices.

What if the police report says I was responsible for the car accident ?

November 22, 2016 Thomas Schober

Q: Is the case lost if the police report says that I caused the auto accident?

Not necessarily. The police officer is coming to conclusions based on the information provided, and their experience. Usually, the police officer may rely on what someone said, and it may not be accurate. It’s not a lost cause if the police report indicates that the incident may have been the claimant’s fault because the police officer may, himself, be wrong in reaching that conclusion.

However, it certainly does create a situation where at least one person who is supposed to be experienced has come to a conclusion based on the information that they have available based on their experience. Every effort has to be considered to identify the ways in which an accurate depiction of what happened can be determined. That can be done by identifying any witnesses and then to have someone follow up with the witnesses.

The claimant should never be the one to follow up with the witnesses, but someone on behalf of the claimant, an experienced car accident attorney or investigator, to determine whether the conclusion that the police officer reached was accurate.

Learn more about the Schober Schober & Mitchell, S.C. law offices.

What if I’m partially responsible for the auto accident?

November 12, 2016 Thomas Schober

Wisconsin is a “comparative negligence” state. In fact, it is common for claimants are found to be some percentage at fault in an auto accident.

At the end of the trial, one of the questions asked of the jury is whether the claimant and the defendant were both at fault. If the answer is “yes”, even partially, then the jury attributes a percentage of negligence to the claimant and to the defendant who caused the incident.

The jury isn’t told this, but when they go home, in essence the judge says, “OK, Mr. Claimant, you are found 15% at fault, and (for propose of example) the jury awarded you $100,000. You don’t recover for your fault. So, I’m diminishing your recovery by $15,000, and the judgment for you is $85,000.” That reduction in percentage of negligence continues to the point of 50% each. Under Wisconsin law, if you’re 51% or more at fault, you recover nothing. The theory of the law in Wisconsin is if you’re more at fault in causing the auto accident you recover nothing.

About the Firm

Schober Schober & Mitchell, S.C. prides itself in providing quality legal services at reasonable rates and is dedicated to serving all its clients’ legal needs. When you have a legal matter involving New Berlin real estate, please contact us. We have three convenient locations in New Berlin, Oconomowoc and Racine.

Types of Damages From Car Accident Injuries

November 3, 2016 Thomas Schober

There are many types of damages from car accident injuries. I always break damages down into two categories objective and subjective damages.

Objective damages include:

damage to vehicles or personal property in the vehicle such as lost eyeglasses, damaged personal property
loss of earnings (that includes not only loss of past and present earnings, but also loss of benefits. If the injury reduces the capacity of the person’s earnings because the injury is significant, there would also be a claim for loss of future earnings)
medical expenses.

Subjective damages include:

pain and suffering (past, present, and if it’s continuing, future pain and suffering. It is the future pain and suffering that requires a doctor’s testimony as to the existence of continuing future pain and how long it’s expected to last including to the point of being permanent)
embarrassment because of visible injuries/scarring
loss of quality of life

Pain and Suffering Damages

The damages may include embarrassment caused by scarring or loss of part of the body, for example, a finger, nose, or ear. It also includes loss of enjoyment in quality of life.

In addition, there are claims for loss of society and companionship. That is the inability to in the past, present, and potentially in the future do things with a family member or spouse. That’s not limited only to marital relationships, and to sexual or intimate relations, but it extends to the fun things people do together.

As an example, inability to go on vacations or hike, snowmobile etc. that the claimant and family/friends used to do, all result in a significant loss of enjoyment and quality of life.

Is “loss of society” measured by the loss of enjoyment by the other family member, or is it still personal to the claimant?

“Loss of society” refers to personal injury damages that result from the loss of companionship between loved ones when one of the two of them is disabled or disfigured in some way.

It is both. For the injured party it is the loss of the ability to engage in the relationship and what it adds to their quality of life, and also for the family member who lost the ability to do things with their injured spouse/family member.

About the Firm

Punitive Damages in Personal Injury Cases

September 12, 2016 Thomas Schober

In Wisconsin, punitive damages in personal injury cases are limited and are not available in a negligence action arising from the typical automobile accident. Punitives are available in intentional tort situations; in situations such as when the accident is caused by a drunk driver. While there was not an attempt to hurt anyone, the risk that was created by driving drunk is that it is treated as more than mere negligence essentially as intentional conduct.

If punitive damages are awarded with insurance companies cover it?

Insurance companies only cover negligence. Most insurance policies exclude punitives.

Recovering punitive damages in a personal injury lawsuit

The only way to recover for punitive damages is by filing a lawsuit. A lawsuit must be filed for the injuries that occurred and for compensatory damages as discussed earlier. If there is to be a claim for punitive damages it has to be stated up front in the lawsuit papers.

Considering the implications, an important decision has to be made. If the responsible party doesn’t have significant assets, their only hope is to recover through a negligence claim to involve their insurance company.