7 Phases of a Wisconsin Personal Injury Case
Posted by rozeklawoffice on May 6, 2010 under General, Personal Injury Cases | 
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The process of a Wisconsin personal injury case can be lengthy with many important decisions along the way. To get the best possible recovery for your injury, we recommend that you work with an experienced Wisconsin Personal Injury Attorney who can guide you through the legal process. To help you understand the process, we will attempt to summarize the 7 general phases of a Wisconsin personal injury case.
I. Determine If There Is A Case: Immediately after signing up a case, a personal injury attorney begins an investigation to determine who is at fault, whether or not there were any injuries caused by the accident, and what insurance is available for recovery. The attorney may hire an accident investigator to examine the vehicle, premises, and scene to take photos of the evidence and interview any witnesses. The attorney will also order all medical records associated with the injury victim including records from before the accident, the EMS reports, and records from the first and subsequent doctor visits. Pre-existing conditions are fully explored to determine if the new injury is an aggravation of an existing injury. The attorney will also request and then examine insurance coverage documentation for 1. the at fault parties including the owner of the vehicle, driver, and employer and 2. all possible coverage that may be available to the injury victim such as uninsured motorist coverage, health insurance, PIP, and medical payment’s coverage.
II. Compile and Send A Demand Package: Once the attorney has determined that there is a claim, a demand package is prepared. The package can consist of the following documents: crash report, photos of the vehicle/accident scene, property damage report, EMS report, ER records, doctor reports, diagnostic tests, medical bills, prior medical records, final medical evaluation, expert witness reports, witness statements, evaluation of future medical expenses, and an evaluation of loss of future earning capacity. The package is introduced by a letter from the attorney which summarizes all the information and states the “demand” to the insurance company that they pay a certain amount of money within a certain period of time.
III. Conduct Negotiations: After the insurance company receives and reviews the demand package, it will make an initial offer to settle the case. In the instances where the offer is the maximum limit of coverage, typically the client and attorney will decide to accept it. Other times, when the offer is much less than the client and attorney believe the recovery should be, negotiations begin. Offers can continue for many rounds until either the offer is accepted by the client or a lawsuit is filed. It is important to understand that there are advantages to settling claim before a lawsuit is filed. Advantages include lower attorney fees, lower case costs, quick availability of cash, less stress, and a guaranteed outcome.
IV. File A Lawsuit: If the highest offer made by the insurance company is rejected, the next phase in the personal injury claim process is to serve a complaint (i.e. file a lawsuit). The attorney will file the complaint on the people who they believe are legally at fault for the accident and injuries. In Wisconsin, there can be more than one person that is deemed legally at fault and more than one person can contribute to causing the accident. Each person believed to be at fault is served with the complaint. Once the lawsuit is filed, the attorneys proceed with interrogatories, requests for records, depositions, and motions.
V. Conduct Mediation: Mediation is when both sides come together with a mediator (usually a retired judge) to try and settle the case without going to a courtroom. Each side gets time to explain the case as they know it and present any exhibits. Then each side goes into separate rooms while a mediator goes back and forth between the parties attempting to reach a settlement. If a settlement is reached, the insurance company will usually cut a check within 2-3 weeks and the lawsuit is dropped.
VI. Conduct a Trial: If a settlement was not reached in mediation, a date for trial is set. A jury will be picked to determine who was at fault and how much money, if any, is to be awarded. Trials can last anywhere from a few days to a few weeks depending on how many witnesses are put on the stand.
VII. Administer An Appeal: The insurance company always has the right to appeal the verdict or rulings of the judge. Appeals can take years to resolve. If an appellate court judge orders a new trial, the process is started over.
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For more information on the Wisconsin Personal Injury Process.
