frequently asked questions
Personal Injury and Car Accident Cases
Experiencing a personal injury, especially from a car accident, can be incredibly traumatic. In the aftermath, it’s common to struggle with focusing on recovery while also managing the complexities of pursuing legal compensation. At our personal injury law firm, we understand that you likely have many questions if you or a loved one has been injured due to someone else's negligence, whether in a car accident or other circumstances. To help you navigate the early stages of your personal injury case, we've compiled answers to some frequently asked questions below:
1. What types of personal injury cases do you handle in Wisconsin?
At Phillips, Cymerman & Trager, S.C., we handle a wide range of personal injury cases including car accidents, truck accidents, motorcycle and bicycle accidents, pedestrian injuries, slip-and-falls, workplace injuries, dog bites, construction accidents, and nursing home neglect. We represent individuals throughout Wisconsin.
2. How soon after an accident in Wisconsin should I contact an attorney?
You should contact us as soon as possible after an accident. Early legal intervention ensures we can preserve evidence, secure witness statements, and handle insurance companies effectively.
3. How is fault determined under Wisconsin personal injury law?
Wisconsin follows a comparative negligence standard. Fault is determined by evaluating evidence from the accident, including police reports, witness statements, and expert analysis. Our attorneys help establish liability to maximize your recovery.
4. Can I still recover damages if I was partly to blame for my injury?
Yes. Wisconsin law allows you to recover damages as long as you were less than 50% at fault. While your compensation may be reduced by your percentage of fault, you can still receive a fair settlement.
5. What is the statute of limitations for filing a personal injury lawsuit in Wisconsin?
Generally, you have three years from the date of the injury to file a personal injury claim. Certain cases, such as those involving minors, wrongful death, medical malpractice, and claims against municipalities, may have different timelines.
6. How do you calculate how much my personal injury case is worth?
Every case is unique. Case value is based on medical expenses, lost wages, pain and suffering, and other damages. We analyze your case thoroughly and pursue maximum compensation.
7. Why should I hire a personal injury attorney instead of handling the claim myself?
Insurance companies are skilled at minimizing payouts. Our experienced attorneys ensure your rights are protected, negotiate effectively, and guide you through every legal step to secure full compensation.
8. How do your fees work — do I pay if we don’t win?
We work on a contingency fee basis, meaning you only pay if we recover compensation for you. This ensures our goals are aligned with yours.
9. What evidence do I need to build a strong personal injury claim in Wisconsin?
Key evidence includes medical records, accident reports, witness statements, photos or videos of the scene, and documentation of lost income or expenses. We handle evidence gathering to strengthen your case.
10. Do all personal injury cases in Wisconsin go to court?
No. Many cases settle out of court through negotiation with insurance companies. If necessary, we are fully prepared to take your case to court to achieve the best outcome.
11. What happens if the insurance company lowballs my settlement offer?
We advocate aggressively for fair compensation. If an insurer offers less than your claim is worth, we can negotiate or pursue litigation to obtain the settlement you deserve.
12. How do I choose the right personal injury lawyer in Milwaukee or elsewhere in Wisconsin?
Look for experience, a track record of successful settlements and verdicts, personalized attention, and client reviews. At Phillips, Cymerman & Trager, S.C., we offer personal attention from our lawyers and have been serving Wisconsin since 1928.
13. Can I fire my current injury lawyer and hire a new one?
Yes. You have the right to change lawyers at any point if you feel your current attorney isn’t meeting your needs. We can guide you through the transition smoothly.
14. What kinds of injuries qualify for a personal injury claim in Wisconsin?
Injuries from car accidents, slip-and-falls, dog bites, workplace incidents, nursing home neglect, and other accidents caused by someone else’s negligence are all potentially compensable.
15. Can I claim compensation for emotional or psychological harm, not just physical injuries?
Yes. Non-physical damages, including emotional distress, mental anguish, and loss of enjoyment of life, are included in Wisconsin personal injury claims.
16. How can I afford a lawyer if I don’t have a lot of money?
We work on a contingency fee basis, which means you do not pay any upfront fees. You only pay if we successfully recover compensation for you.
17. Are there free or low-cost attorney referral services in Wisconsin?
Yes. The State Bar of Wisconsin provides referral services. However, our firm also offers a free, no-obligation consultation to evaluate your case.
18. What should I do right after a crash or injury — before I talk to a lawyer?
Seek medical attention immediately, document the scene with photos if possible, collect witness contact information, and avoid giving statements to insurance companies without legal guidance.
19. Will you handle gathering medical records and proofs of injury?
Yes. Our team will collect all necessary medical records, bills, and documentation to build a strong case for maximum recovery.
20. How long will my personal injury case likely take to resolve in Wisconsin?
Every case is different. Case duration varies based on complexity, insurance negotiations, and whether litigation is required.
Schedule Your No-Obligation Consultation
If you need assistance with a personal injury case, please call us at (414) 271-4262.
We know the law, and we know what it takes to maximize the value of your case. We'll review the details of your situation and determine the best course of action. There is no fee and no obligation for your consultation. Same-day consultations are welcome at our office in Milwaukee.

