Eau Claire Car Accident Lawyers

The physical pain of a car accident is often just the beginning. Soon after, the medical bills may start to arrive, the calls from insurance adjusters can become relentless, and the worry about your future can feel crushing. 

A serious collision on busy roads like the I-94 corridor, U.S. Highway 53, or Clairemont Avenue can leave you feeling lost and unsure where to turn for help. At Nicolet Law Accident & Injury Lawyers, we believe your only job after an injury should be to heal. We are here to lift the weight of the legal process from your shoulders. 

Our dedicated Eau Claire car accident lawyers will step in to manage the insurance companies and fight for the compensation you need, so you can focus on getting better. Let us take on the stress for you; reach out for a free case review today.

Schedule A Free Consultation

Key Takeaways for Car Accident Victims in Eau Claire

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  • Wisconsin is an at-fault state for auto accidents, meaning the driver who caused the crash is financially responsible for the damages.
  • The statute of limitations for filing a personal injury lawsuit after a car accident in Wisconsin is generally three years from the date of the incident.
  • Wisconsin’s comparative negligence law allows an injured person to recover compensation as long as their share of fault is not 51 percent or more.
  • Insurance companies often try to settle claims quickly for less than their true value, and accepting an early offer can prevent an individual from seeking further compensation.
  • An experienced car accident attorney can manage all communication with insurance adjusters, investigate the accident, and fight for a fair financial recovery.

Why Choose Nicolet Law Accident & Injury Lawyers for Your Eau Claire, Wisconsin Car Accident Claim

Nicolet Law Accident & Injury Lawyers

When you are recovering from an injury, choosing the right legal team can feel like another overwhelming decision. At Nicolet Law, we aim to make that choice simple. We are not a distant, out-of-state firm; we are your neighbors. Our team was born and raised in the Midwest, and we have deep roots in communities like Eau Claire. We understand the challenges you face because we are part of the same community. We pride ourselves on providing the focused, personalized attention that can make a significant difference in your recovery and your case.

Here is what sets our approach apart:

  • A Focus on Your Needs: We intentionally manage our caseload to give each client the unparalleled focus they deserve. You are not just a file number to us. We make ourselves available to answer your questions and ensure you always know what is happening with your case.
  • No Fees Unless We Win: We operate on a contingency fee basis. This means you pay us nothing upfront. We only receive a fee if we successfully recover compensation for you. This approach allows everyone to access dedicated legal representation, regardless of their financial situation.
  • A Record of Results: While we can never promise a specific outcome, our history demonstrates our commitment to fighting for our clients. We prepare every case as if it might go to trial, showing insurance companies that we are serious about securing the compensation you deserve.

Our goal is to take the stress of the legal process off your shoulders. We handle the paperwork, the phone calls, and the negotiations so that you can concentrate on healing and getting your life back to normal.

Wisconsin Car Accident Statistics

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Understanding the frequency and causes of car accidents can highlight the importance of safety and accountability on our roads. According to the Wisconsin Department of Transportation, our state sees tens of thousands of crashes each year, many of which result in serious injuries or fatalities. In a recent year, there were a total of 124,627 motor vehicle crashes reported across Wisconsin. These collisions led to more than 24,500 injuries and, tragically, 512 fatalities.

Looking closer at our region, Eau Claire County is not immune to these dangers. In that same year, the county recorded 407 injury crashes and 10 fatalities. Many of these incidents occur due to preventable factors. The Wisconsin DOT identifies speeding, distracted driving (such as texting while driving), and operating while intoxicated as leading contributors to serious accidents. 

These statistics are not just numbers; they represent friends, family members, and neighbors whose lives have been forever changed. At Nicolet Law, we see the real-world impact behind these figures every day, which motivates us to hold negligent drivers accountable and make our communities safer for everyone.

The Insurance Company Offered Me a Settlement. Should I Take It?

After a car accident, it is common to receive a phone call from the at-fault driver's insurance adjuster. They may seem friendly and concerned, and they might even offer you a quick settlement. While the offer might sound tempting, especially when medical bills are starting to arrive, it is crucial to approach it with caution.

Insurance companies are for-profit businesses. Their primary goal is to protect their bottom line, which often means paying out as little as possible on claims. The first offer they make is almost always lower than the actual value of your claim. They are counting on you being stressed, in pain, and worried about finances. They hope you will take the fast money without fully understanding the long-term costs of your injuries.

Accepting a settlement is a final decision. Once you sign the release forms, you give up your right to seek any further compensation for that accident, even if your injuries turn out to be more severe than you initially thought. An offer made days or weeks after a crash cannot possibly account for:

  • Future medical treatment, such as surgery or physical therapy
  • The full extent of your lost wages if you cannot return to work for an extended period
  • The long-term impact of a permanent injury
  • Your physical pain and emotional suffering

Before you speak with an adjuster or consider any offer, it is wise to consult with an experienced Eau Claire car accident lawyer. We can help you understand the true value of your claim and can take over all communications with the insurance company, protecting you from their tactics and ensuring you do not settle for less than you deserve.

Laws that Impact Car Accidents in Wisconsin

A few key state laws affect car accidents in Wisconsin. These regulations determine who is responsible for damages, how long you have to act, and how your compensation might be calculated. Our team at Nicolet Law is well-versed in these statutes and can guide you through the complexities of the legal process.

Wisconsin Is an At-Fault State

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Wisconsin operates under a "tort" or "at-fault" insurance system. In simple terms, this means that the person who is found to be legally at fault for causing the accident is responsible for paying for the resulting damages, including medical bills, lost income, and property damage. To recover compensation, an injured person must prove that the other driver was negligent—meaning they failed to drive with reasonable care and that this failure caused the crash and your injuries. 

This is different from "no-fault" states, where your own insurance policy covers your initial medical expenses regardless of who caused the accident.

Wisconsin Statute of Limitations for Filing Car Accident Lawsuits

In Wisconsin, there is a legal deadline for filing a personal injury lawsuit, known as the statute of limitations. For most car accident cases, you have three years from the date of the accident to file a lawsuit. 

While three years may sound like a long time, it is critical to act much sooner. Building a strong case requires time to gather evidence, interview witnesses, and negotiate with insurance companies. If you miss this deadline, the court will almost certainly refuse to hear your case, and you will lose your right to seek compensation forever.

Wisconsin Comparative Negligence Rule

Sometimes, more than one person shares responsibility for an accident. Wisconsin follows a modified comparative negligence rule, also known as the 51% bar rule. This law affects your ability to recover compensation if you are found to be partially at fault for the crash.

The rule works like this:

  • You can still recover damages as long as your percentage of fault is 50% or less.
  • Your total compensation award will be reduced by your percentage of fault.
  • If you are found to be 51% or more at fault, you are barred from recovering any compensation from the other party.

For example, if you are found to be 20% at fault for your injuries, your damages would be reduced by 20%. This rule makes it essential to have a strong advocate who can protect you from unfair accusations of fault from the insurance company.

How Our Eau Claire Car Accident Attorneys Can Help You

After an accident, you may feel like you are facing a mountain of paperwork, medical appointments, and phone calls. The role of our experienced car accident attorneys is to lift that burden from you and build the strongest possible case on your behalf. We handle every aspect of your claim so you can focus on healing.

Here are some of the key ways we can assist you:

  • Conducting a Thorough Investigation: We immediately get to work gathering crucial evidence to prove fault and document your damages. This includes obtaining the official police report, interviewing witnesses, collecting photos and videos from the scene, and working with accident reconstruction professionals if necessary.
  • Managing All Communications: Once you hire us, the insurance companies have to talk to us, not you. We will handle all phone calls, emails, and correspondence from adjusters. This protects you from their tactics, such as asking for a recorded statement that could be used against you later.
  • Accurately Calculating Your Damages: We work with you and your medical providers to understand the full extent of your injuries and their long-term impact. We can compile all your medical bills, document your lost wages, and assess non-economic damages like pain and suffering to determine the full and fair value of your claim.
  • Negotiating for a Fair Settlement: Armed with strong evidence and a comprehensive valuation of your claim, we will negotiate aggressively with the insurance company. Our reputation for being prepared to go to court often persuades insurers to offer a fair settlement without a lengthy legal battle.
  • Representing You in Court: If the insurance company refuses to make a reasonable offer, we will not hesitate to file a lawsuit and fight for you in court. We are experienced litigators who are comfortable and capable in the courtroom.

Our team is here to be your guide and your advocate every step of the way, ensuring your rights are protected and your voice is heard.

What Compensation Is Available in an Eau Claire, WI Car Accident Lawsuit

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If you have been injured due to another driver's negligence, you have the right to seek compensation for the losses you have suffered. This compensation, legally referred to as "damages," is intended to help make you whole again by covering both your financial and personal losses. In Wisconsin, damages are typically categorized into three types.

Economic Damages
These are the tangible, out-of-pocket financial losses that have a clear monetary value. We will help you gather receipts, bills, and pay stubs to document these costs.

  • Medical Expenses: This includes everything from the initial ambulance ride and emergency room visit to hospital stays, surgeries, physical therapy, medication, and any future medical care you may require.
  • Lost Wages: If your injuries prevent you from working, you can be compensated for the income you have lost.
  • Loss of Earning Capacity: If your injuries are permanent and affect your ability to earn a living in the future, you can seek damages for this diminished capacity.
  • Property Damage: This covers the cost of repairing or replacing your vehicle and any other personal property damaged in the crash.

Non-Economic Damages
These damages compensate you for the intangible, personal losses that do not have a specific price tag but are just as real and devastating.

  • Pain and Suffering: Compensation for the physical pain, discomfort, and emotional distress caused by your injuries.
  • Emotional Anguish: This can include anxiety, depression, fear, and other psychological impacts of the trauma.
  • Loss of Enjoyment of Life: If your injuries prevent you from participating in hobbies, activities, or relationships you once enjoyed, you may be entitled to compensation for this loss.

Punitive Damages
In rare cases, a court may award punitive damages. These are not meant to compensate the victim for any specific damage, but rather to punish the at-fault party for particularly reckless or malicious behavior and to deter similar conduct in the future. In Wisconsin, punitive damages are only available if the defendant acted with an "intentional disregard" for the rights and safety of others.

Eau Claire Car Accident FAQs

Here you can find answers to some common questions our clients have about car accident claims in Eau Claire.

What if the driver who hit me was uninsured or did not have enough insurance?

If the at-fault driver is uninsured or underinsured, you may still be able to recover compensation through your own auto insurance policy. Uninsured Motorist (UM) and Underinsured Motorist (UIM) coverage are designed for this exact situation. We can review your policy to determine your coverage and help you file a claim with your own insurance company.

Do I have to go to court to get compensation for my car accident?

Most car accident claims are resolved through a negotiated settlement without ever going to court. Our attorneys are skilled negotiators who will work to secure a fair settlement on your behalf. However, if the insurance company is unwilling to offer a fair amount, we are always prepared to take your case to trial to fight for the compensation you deserve.

How is fault determined in a Wisconsin car accident?

Fault is determined by looking at all the evidence to see who acted negligently. This can include the police report, which may cite one driver for a traffic violation, as well as witness statements, traffic camera footage, and physical evidence from the crash scene. In complex cases, we may hire an accident reconstructionist to analyze the data and provide an opinion on how the crash occurred.

My car was totaled, but I don't think I was seriously injured. Do I still need a lawyer?

It is always a good idea to seek a free consultation, even if you believe your injuries are minor. Some serious injuries, like whiplash or concussions, may not show symptoms for days or even weeks after a crash. An attorney can help you understand your rights and ensure you are not giving up any potential claims. Furthermore, we can help you navigate the property damage claim for your vehicle to ensure you are treated fairly.

Contact Our Experienced Eau Claire Car Accident Attorneys Today

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After a car crash, the road to recovery can seem long and uncertain. You do not have to walk it alone. The team at Nicolet Law Accident & Injury Lawyers is here to provide the support, guidance, and dedicated legal representation you need. We will handle the fight with the insurance companies so that you can focus on healing and rebuilding your life.

We are proud to be part of the Eau Claire community, and we are committed to fighting for our injured neighbors. When you see our tagline, “Injured? Get Nicolet,” know that it is our promise to be there for you when you need us most.

Contact us today at (715) 835-5959 or through our online form for a free consultation. There is no cost and no obligation, and you will not pay us any fees unless we win your case. Let us show you how we can help.

An experienced Eau Claire personal injury attorney will protect your rights and help you pursue the full compensation you deserve.

Schedule A Free Consultation


Darian T.
"My car accident happened dec 8, 2022. I was rear-ended, and left with an injury to my left hand. I saw Nicolet Laws advertisement while driving. So I looked them up and called in. I had the pleasure to speak with Ryan Muir, who was super professional and explained everything down to the t. I couldn’t be more happy with how everything played out, even when we were looking at 2 plus years of even reaching a settlement agreement, I was ready for the long. Ryan stayed on top of everything and we closed out the settlement around the 1 year mark. My advice to anyone looking for representation from a car accident is to go with Nicolet Law. Those guys and gals are amazing, thank you."
Tomieka G.
"Russell handled mine and my daughters claim, after being in a car accident and I have to say what an Amazing law firm. Stayed on top of my accident claim and case, even when the other company's adjuster did not want to cooperate in communicating. Would highly recommend. While nobody ever "wants" to be in a situation to need to have to hire an attorney, if I ever was in need again, Nicolet Law firm would be my first call."