If you’ve been in a car accident, one of the things you might be most concerned about is how to pay your medical bills and cover other losses. Understanding what types of insurance might be available to you after a car crash is important. 

Collision:

This is a type of coverage available to reimburse you for damage done to your vehicle during an accident. If the “at fault” party is insured, you can work with their insurance company to cover your property damage claim. However, it is also possible to work with your own insurance company to resolve any property damage claim you have if you had collision coverage. If you work with your own insurance company you may need to pay a deductible. However, if the other party is also insured, your insurance company, or an attorney, can work with the opposing insurance company to reimburse your deductible. 

Medical Payments Coverage:

This is a type of coverage that is optional in Wisconsin. If you have medical payments coverage (often referred to as “Med Pay”) on your own auto policy, this will be available to you up to the paid-for limit of coverage to cover or reimburse uninsured medical expenses. It can be very important to work with an experienced personal injury attorney to best understand how to coordinate the various benefits or insurance coverages available when it comes to ensuring your medical bills are paid for and covered. 

Health Insurance:

If you have health insurance, it should be available to you to cover your medical bills and expenses related to the injuries you sustained in the accident. 

Liability Insurance:

This is how we typically refer to the at-fault driver’s auto insurance. Liability insurance is mandatory in Wisconsin, although that unfortunately does not guarantee that people will actually have the required coverage. The required limit for liability insurance in Wisconsin is incredibly low- $25,000. Liability insurance is available to cover your losses if you are injured in an accident or sustain other losses and can substantiate those losses. 

Underinsured Motorist Coverage (UIM):

UIM coverage is optional in Wisconsin. UIM coverage is available in a situation where your losses exceed the available liability insurance limit and your UIM limit is greater than the limit of the underlying liability policy. In other words, let’s hypothetically say that you have $100,000 in medical bills. Assume also the at-fault driver has a $100,000 liability insurance limit. If you carry a $100,000 UIM policy, you would not actually have access to that coverage (because your UIM limit is equal to the underlying liability limit, even though your damages are clearly in excess of the underlying policy). If in this same hypothetical you carry $250,000 in UIM coverage, you would in most cases have access to your UIM coverage less the amount paid by the underlying policy (so with $250,000 in UIM coverage and an underlying liability policy of $100,000, you would have access to $150,000 in UIM benefits). 

Uninsured Motorist Coverage (UM):

UM coverage is mandatory in Wisconsin. This is a type of insurance that would be available to you if you were injured in an accident by a driver who did not carry any insurance.

Call an Experienced Personal Injury Lawyer

At Herrling Clark Law Firm, Ltd., we understand just how significantly an auto accident can impact your life, and we strongly believe that victims deserve full and fair compensation. Dedicated to helping you get the most out of your settlement, we will stand up for your rights and protect your interests. Schedule a free initial consultation with our Appleton car accident attorneys to learn more. Call 920-739-7366 for an appointment today.

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Single-car accidents are not always the fault of the driver of a crashed vehicle. Often, these accidents occur due to “miss and runs.” A miss and run occurs when another driver comes into your lane or otherwise runs you off the road without making physical contact with your vehicle. Often, these “miss and run” offenders continue driving because their vehicle was not involved in the crash. Because the “miss and run” vehicle disappears, it is referred to under Wisconsin law as a “Phantom Motor Vehicle.” This type of accident can leave you with serious damage and injuries but with no driver or insurance company to hold responsible.

Fortunately, your uninsured coverage through your auto insurance policy can reimburse you for your losses if you are the victim of a miss-and-run accident. Unfortunately, the law setting out the requirements to qualify for such coverage became significantly stricter in 2011 after Governor Walker’s repeal of the “Truth in Automobile” law.

Phantom Vehicle Defined by Statute

Section 632.32(2)(bh) of the Wisconsin Statutes defines what a “Phantom Motor Vehicle” is. If all of the following apply to a vehicle, it meets the statutory definition of a “Phantom motor vehicle;”

1. The motor vehicle is involved in an accident with a person who has uninsured motorist coverage.
2. In an accident, the motor vehicle makes no physical contact with the insured or with a vehicle the insured is occupying.
3. The identity of neither the operator nor owner of the motor vehicle can be ascertained.

If you have been injured because of the actions of a phantom motor vehicle driver, there are important things you must consider immediately following such an accident.

Requirements for Uninsured Motorist Compensation After a Phantom Motor Vehicle Miss and Run Accident

According to the section 632.32(2)(g)2 of the Wisconsin Statutes, the requirements that must be met in order for your uninsured motorist benefits to provide coverage for this type of claim include the following:

• You must report the accident to the police within 72 hours of the occurrence;
• Someone other than you must corroborate your claims regarding the phantom vehicle causing your accident, and the corroborating individual cannot make his or her own claim against your uninsured coverage as a result of the accident; and
• Within 30 days after the accident, you must file with your insurer a statement under oath outlining certain facts.

Call to Schedule Your Consultation with a Wisconsin Lawyer Today

The laws regarding insurance and auto accidents in Wisconsin are complicated and ever-changing. At Herrling Clark Law Firm, our experienced Green Bay personal injury lawyers or Appleton personal injury lawyers can advise you of your legal rights and help ensure you meet all the requirements under the law to obtain the highest amount of compensation possible from either your insurance company or a negligent party. There are strict time limits on these cases, so do not delay in calling 920-739-7366 for help today. We have offices in Appleton, Green Bay, Oshkosh, and Appleton to best serve injured victims in Wisconsin.

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If you’ve been injured in a car accident, you understand how much your life can be turned upside down by serious injuries. The amount of an injured person’s medical bills can be somewhat straightforward to calculate. What is more difficult to determine is how to put a value and calculate pain and suffering experienced by someone who was injured. 

Calculating Pain and Suffering

In Wisconsin, we look to instructions drafted for jurors to help us understand how to think about various claims available to our injured clients. Civil Jury Instruction 1766 describes pain and suffering like this:

Pain, suffering, and disability (disfigurement) includes any physical pain, humiliation, embarrassment, worry and distress which (plaintiff) has suffered in the past. You should consider to what extent (his) (her) injuries impaired (his) (her) ability to enjoy the normal activities, pleasures, and benefits of life.

We often hear from clients that friends or family told them there was a formula available to determine the value of their pain and suffering (we often hear that you should take the amount of the medical bills and multiply that number by three to get the “pain and suffering value”). It would certainly be easier if such a formula existed, but valuing pain and suffering is one of the most difficult parts of handling a personal injury claim. 

Understanding Your Attorney’s Role

No attorney should be able to tell you what your case is worth when you first meet with them. This is because the value of various claims is not known until all of the facts of the case have been discovered or understood. This means that the client has to have fully recovered from his or her injuries or enough time has to have passed for the attorney to be able to study the available medical records and talk with the various medical providers involved to understand what type of impacts the client’s injuries may continue to have on their life into the future. Sometimes client are unable to return to work after an accident. This also needs to be taken into consideration when thinking about the extent of pain and suffering endured by an injured party. 

Another thing experienced personal injury attorneys do when they think about how to evaluate a pain and suffering claim is study other settlements and verdicts to try and understand how insurance companies and juries have historically responded to similar claims. Although no two cases are ever the same, working with an experienced trial attorney is helpful because he or she will have the best ability to understand how certain claims are received by juries, which is ultimately how claims are “valued.”

Contact a Attorney

Personal injuries can have a significant and long-lasting impact on a person’s health and well-being. The lawyers at Herrling Clark Law Firm, Ltd. can advise you of your options following these types of injuries, and we will work to ensure that you will be compensated for your medical expenses, the loss of income during your recovery, and the pain and suffering you have experienced. Contact our Appleton and Green Bay, WI personal injury attorneys today at 920-739-7366 to arrange a free consultation.

The post How Do You Calculate Pain and Suffering? appeared first on Herrling Clark Law Firm.

If you’re hurt in a slip and fall accident, you may feel overwhelmed by your injuries and medical bills. If you cannot work it’s common to feel anxious about losing income.

If you feel this way, you are not alone. According to the National Floor Safety Institute, over one million people get treated in ERs each year because of slip and fall accidents. If you’ve been injured after a slip and fall incident, consider these important tips.

Don’t Tough It Out- Get Medical Treatment If You’ve Been Hurt

After a slip and fall accident, the first thing you should do is seek medical attention to address you injuries. Just like a car accident, your injuries may not be immediately apparent because of shock or other factors. Pay close attention to your body and your symptoms and do not delay seeking medical treatment if you are hurt in any way.

Report the Incident

If you’re able, you should report your slip and fall to the owner of the premise or the manager of the property as close in time to your fall as possible. Provide as much detail as you can about what caused you to slip. Ask for a copy of any report you make.

Document the Area and Conditions

If your injuries do not prevent you from doing this, try to document the scene. If you are unable to do this because of an injury, and have someone with you, ask them to help if possible. Pay close attention if you can to things like the condition of the floor or mats, the weather, and any other tripping hazards. 

Take Pictures of Your Injuries

If you have injuries that are visible, document those injuries by taking photographs. 

Limit Your Communication About Your Injury

Try to discuss your injuries with a limited number of people: your medical providers, your attorney, and your close family if necessary. Avoid discussing the incident or your injuries on social media. 

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 all of the  important time limits that may impact your ability to pursue compensation. Contact our personal injury attorneys to schedule a consultation to discuss your case.

The post What to Do After a Slip and Fall Accident appeared first on Herrling Clark Law Firm.

If you have lived in Wisconsin for any period of time, you know that driving in the winter can be a white-knuckle experience. Although none of us can control the weather, there are several things you can think about behind the wheel during the winter that will help keep you safe on the roads.

1. Check the weather before getting behind the wheel.

Just because there isn’t snow falling from the sky doesn’t mean the roads may not be treacherous. Black ice can be extremely dangerous and while it is most prevalent overnight, it can linger throughout the day. Checking road conditions before you leave the house can help prepare you for your trip.

2. Allow for extra travel time.

During the winter months, give yourself extra time to get where you need to go. Rushing in even the best conditions can lead to collisions but rushing on snow covered or icy roads can be especially dangerous.

3. Slow down!

When you’re driving, pay close attention to your speed. While you may be driving the posted speed limit, this may actually be too fast for winter conditions. Understand that braking on snowy or icy reads will require additional time to stop, and avoid a crash.

4. Don’t tailgate.

Although following too closely is dangerous at all times, it is especially problematic in the winter. Be sure to leave more space than you normally would between your vehicle and other vehicles, including snowplows and other winter equipment, on the road. Your vehicle’s reaction time to stop or slow down may be lengthened on slippery roads, so leaving extra space can help ensure you can safely come to a stop when necessary.

5. Be extremely cautious on bridges and raised roadways.

Certain stretches of road are prone to even more slippery surfaces, including bridges and overpasses. Even if roads seem relatively normal, slowing down and proceeding with caution while on these stretches is a safe idea. 

Call a Wisconsin Car Accidents Injury Lawyer

Herrling Clark Law Firm Ltd. is highly experienced at investigating winter car accidents despite the challenges snow and ice bring. Our knowledgeable Green Bay car accident injuries lawyers will begin collecting the evidence you need right away and fight for you to recover compensation for your personal injuries . Contact our personal injury attorneys to schedule a consultation to discuss your case.

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An umbrella policy generally provides insurance coverage above and beyond your primary, underlying policies. Umbrella policies may provide coverage in the event you injure someone else but they can also be available to you in the event someone very seriously injures you. 

One of the things we see most in our practice is people who are seriously injured but simply can never be made whole because there is simply not enough insurance coverage available to cover the extent of their damages and losses. We highly recommend that every single person talk with their insurance agent and strongly consider obtaining umbrella coverage. 

Umbrella Coverage Can Make All the Difference

If you do not carry enough insurance and you severely injure someone, once your insurer pays your policy limit, you may can be left exposed and liable for the injured party’s remaining damages. This can become financially devastating. On the other hand, if you are seriously injured by another person and that individual does not have enough insurance coverage, providing you purchased an appropriate umbrella policy that would cover UIM claims, you may be able to seek compensation from your umbrella policy. Umbrella policies can make all the difference in providing additional and necessary coverage. 

Umbrella Coverage is Affordable

We are not insurance agents and of course all premiums will vary, but given the catastrophic losses we see where people have no means to recover, the amount you may spend on umbrella coverage is well worth it.  

No one expects to have their world pulled out from under them but a serious car crash can do just that in a matter of seconds, and unfortunately, once you are seriously injured, it’s too late to go back and try to obtain the appropriate coverage to help put the pieces of your life back together. Make a call today to a trusted insurance agent and ensure you have the coverage you need to protect you and your family in case of a catastrophic car crash.

Consulting with an Attorney

At Herrling Clark Law Firm, Ltd. we always have your best interests at heart and will help you get the compensation you deserve. Personal injuries are challenging to navigate for accident victims and their families, and we are dedicated to making the process as smooth as possible. Contact our personal injury attorneys to schedule a consultation to discuss your case.

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When you handle personal injury cases like our attorneys do, you spend a lot of time thinking about the rules of the road. But it’s also important to know where to look when you’re trying to figure out how to navigate safety on the roadways, from everything to renewing your driver’s license to understanding Wisconsin DOT mandatory insurance requirements. 

What documents do I need?

One resource we highly recommend is the Wisconsin Motorists Handbook, which is published by the Wisconsin Department of Transportation.

Starting May 3, 2023, the Department of Homeland Security will require people to have REAL-ID compliant identification to board federally regulated aircraft, so start thinking ahead and consider visiting your local DMV to obtain a REAL ID.

About Herrling Clark

As a hometown law office, Herrling Clark Law Firm, Ltd. is closely tied to the Fox Valley. In 1959, Don Herrling opened his law practice in downtown Appleton, Wisconsin. Since then, the firm has grown along with Appleton and the Fox Valley, but maintains a strong local connection to the community where many of the firm’s attorneys and staff live and support community events and civic activities. From personal injury to estate planning, family law to business law, our practice areas are built around meeting our clients’ needs. Herrling Clark has offices in Appleton, Green Bay, and New London, WI. Contact Herrling Clark Law Firm today to schedule your consultation.

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According to the State Patrol, in 2020, there were more than 16,000 deer-related crashes involving deer fatalities, and 13 of those crashes included fatalities to the motor vehicle operators involved. 

Although crashes involving deer can happen at any time of the day, deer are most active near roadways in the morning and evening hours. 

Avoiding Deer Collisions

According to Patrolman David Ecklor, these are helpful tips for safe driving when deer might be present:

1. Buckle up! 
2. If you spot a deer, scan down the roadway to try and identify additional animals. 
3. If you’re driving at night, reduce your speed.

If you happen to hit a deer, pull over to safety and do not attempt to move the deer on your own. Call 911 if you are injured or if the deer is impeding traffic. In Wisconsin, according to the Wisconsin DNR, the driver of a vehicle that collides with a deer has first priority to claim the carcass.

If an Injury or Death Occurs

If you or someone you love is injured when colliding with a deer, it is critical that you seek medical treatment as soon as possible. You should also gather copies of your medical records, retain receipts, and copies of the police report. Submit all of this to your attorney, who can help you pursue your claim and protect your rights while you focus on healing from your injuries.

Dedicated and experienced, Herrling Clark Law Firm, Ltd. is the firm you can trust. We handle all the legal details for you and will always pursue the most compensation possible. Schedule your consultation with our Appleton, Wisconsin personal injury lawyers to learn more. Call 920-739-7366 today.

The post Oh Dear! October Sees a Peak In Deer-Related Crashes appeared first on Herrling Clark Law Firm.

In Wisconsin, section 893.54 of the Wisconsin Statute of Limitations sets out various time limits that will limit a person’s ability to pursue certain claims. 

Generally, if you’ve been injured in an accident involving a motor vehicle, you have three years to bring your claim. This same three-year period applies to actions to recover damages for death caused by the wrongful act of another. However, if the death was caused by an accident involving a motor vehicle, the time limit is shortened to two years.

Understanding the Requirements 

These are the general requirements relating to statutes of limitations in Wisconsin. However, there are always exceptions. For example, if the injured party is a minor, there may be additional time to bring the claim. Sometimes statutes of limitations can be extended by certain payments, but analyzing whether this kind of extension may apply requires the involvement of an experience personal injury lawyer. 

There are also other time limitations to be aware of. For instance, there are statutes of repose that apply to various claims involving products or structures. A statute of repose, unlike a statute of limitation, is backwards looking. This means that if you’re injured by a product or unsafe structure, you may be barred from bringing a claim depending on the age of the product or structure. 

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 all of the  important time limits that may impact your ability to pursue compensation. Contact our personal injury attorneys to schedule a consultation to discuss your case.

The post How Long Is the Wisconsin Statute of Limitations for My Personal Injury Claim and How Does it Affect My Case? appeared first on Herrling Clark Law Firm.