Car Accident Lawyer in Madison, Wisconsin

What Paul does on a car accident case

From the first call, Paul M. Marriett handles your case personally: dealing with the insurance adjusters so you don't have to, gathering the police report and witness statements, working with your doctors to document your injuries, and valuing the claim across everything it touches — medical bills, lost wages, future treatment, and pain and suffering.

Most cases settle. But adjusters track which lawyers actually try cases, and they price their offers accordingly. Every case here is prepared as if it is going to a jury.

Common car accident injuries

Even a low-speed collision can cause injuries that don't fully surface for days. Among the most common injuries in car accident cases:

• Whiplash and soft-tissue injuries — neck, back, and shoulder strains that are painful, slow to heal, and routinely disputed by insurers.
• Concussions and traumatic brain injuries — from the head striking the wheel, window, or headrest, sometimes with no visible sign at the scene.
• Spine and disc injuries — herniated discs and nerve damage that can require injections, therapy, or surgery.
• Broken bones — wrists, ribs, hips, and legs, especially in higher-speed Beltline and highway crashes.
• Lacerations, burns, and scarring — from glass, airbags, or the impact itself.

Because adrenaline masks pain and some injuries build over days, getting checked promptly protects both your health and your claim. Gaps in treatment are one of the first things an insurer points to when arguing you weren't really hurt.

What your claim can cover

A well-documented claim accounts for far more than the repair bill. Depending on the facts, compensation in a car accident case may include:

• Emergency care, hospital bills, and ongoing medical treatment;
• Future medical care and rehabilitation the injury will require;
• Lost wages and any reduced ability to earn a living going forward;
• Pain, suffering, and the way the injury affects your daily life;
• Vehicle repair or replacement and other out-of-pocket costs.

Every case is different, and no honest lawyer can promise a figure before reviewing the facts. What Paul M. Marriett can do is make sure the claim reflects the full, long-term picture — not just the bills in hand when the adjuster makes a first offer.

Wisconsin rules that shape your case

Time limits. In most Wisconsin personal-injury cases you have three years from the date of the injury to file a lawsuit. Some situations — a claim involving a government vehicle, for example — carry much shorter notice deadlines.

Shared fault. Under Wis. Stat. § 895.045(1), contributory negligence does not bar recovery so long as your negligence was "not greater than" that of the party you are claiming against — your damages are simply reduced by your share of the fault. Insurers work hard to pin fault on you, often in the first recorded statement they request. You are generally not required to give one. Get advice first.

Wisconsin lets you sue the insurance company directly. This is unusual and worth knowing. Under Wisconsin's direct action statute, Wis. Stat. § 632.24, a liability policy makes the insurer liable to the people entitled to recover against its insured — which means the insurance company can be named as a defendant in the lawsuit itself, alongside the driver. In most states you sue only the at-fault driver and deal with the insurer separately. Naming the insurer puts the party that actually controls the money in the case from day one, and it removes some of the distance insurers rely on during negotiation.

What to expect after a Madison car accident

Most people have never been through an injury claim, and the uncertainty adds to the stress. Here is the general path a car accident case follows:

• Get medical care and make sure the crash is reported. Your health comes first, and the police report and medical records become the backbone of the claim.
• Investigation. Paul M. Marriett gathers the crash report, photos, and witness statements, and where needed works with reconstruction experts to establish how it happened.
• Treatment and documentation. A claim can't be valued fairly until your treatment has progressed enough to understand the full extent of the injury.
• Demand and negotiation. The claim is presented to the insurer, and the negotiation begins.
• Litigation, if necessary. If the insurer won't offer a fair amount, the next step is filing suit — and a case prepared for trial is taken more seriously.

Wisconsin's three-year filing deadline runs in the background the entire time, which is why it is worth talking to a lawyer early rather than waiting.

Insurance tactics to watch for

The other driver's insurance company is not on your side, however friendly the adjuster sounds. A few tactics to be ready for:

• The fast phone call. An adjuster who calls within a day or two asking for a recorded statement — before you know how badly you're hurt. You are generally not required to give one.
• The quick, low offer. A check that feels helpful with bills piling up, but that closes the claim for good the moment you sign the release.
• Shifting blame to you. Because Wisconsin reduces recovery by your share of fault, insurers work to pin as much of it on you as they can.
• Delay. Dragging out the process in the hope you give up or accept less.

Letting Paul M. Marriett handle these conversations means the insurer is dealing with someone who knows the playbook.

What a case costs

Cases like this are handled on a contingency-fee basis: no hourly bills, and the attorney fee comes out of any recovery. Clients may be responsible for litigation costs and expenses regardless of outcome — Paul M. Marriett explains exactly how that works, in writing, before you sign anything.

Frequently asked questions