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Here are answers to most common questions. Can’t find an answer! Call us.
No two cases are the same. Your case value depends on factors such as:
We can give a clearer estimate after reviewing your medical treatment and the circumstances of your accident. Please contact us for a free case evaluation.
In most personal injury cases, you generally have three years from the date of the accident to file a lawsuit. Time can pass quickly when you’re focused on recovery, so it’s important to speak with an attorney as soon as possible.
In most personal injury cases, you generally have two years from the date of the accident to file a lawsuit. Time can pass quickly when you’re focused on recovery, so it’s important to speak with an attorney as soon as possible.
Yes. Under EMTALA (Emergency Medical Treatment and Active Labor Act), hospitals must provide emergency care—such as EMS and ER treatment—regardless of your ability to pay. However, this does not mean the care is free. You are still responsible for your medical bills, and non-emergency providers are not required to treat you without payment.
When you hire a personal injury lawyer, many medical providers are more willing to treat you because they know they can secure payment through a medical lien. This means the provider is paid directly from your settlement once your case resolves.
If you don’t have insurance, you may need to find a doctor who accepts lien-based treatment. Some unpaid bills may also go to collections, but collection agencies often cooperate once they know an injury claim is being handled by an attorney.
If you were injured in a car accident, check your auto policy for medical payments (“med pay”) coverage, which can help pay medical bills as they come in. Most policies offer around $5,000, so it may not cover everything in a serious injury case, but it can help in the short term.
If you are unsure if you have med pay coverage, your attorney can help you navigate the specifics of your plan.
You don’t need everything right away — we can help gather records — but it’s helpful to have:
Your attorney will collect the rest of the necessary paperwork, including additional medical documentation, expert opinions, and accident reports.
Yes. Illinois and Wisconsin follow a modified comparative negligence rule. You can recover compensation as long as you were 49% or less at fault. Your compensation will simply be reduced by your percentage of fault.
For example, if you are found 20% at fault, your recovery will be reduced by 20%.
If fault is disputed, having an experienced attorney becomes especially important to maximize your recovery.
It’s normal for insurance adjusters to reach out soon after a crash. Be cautious:
Our attorneys can handle all communication with the insurance company on your behalf so you don’t have to worry about saying the wrong thing or being pressured into a low settlement.
Probably not. Most personal injury cases settle out of court through negotiation with the insurance company.
However, if the insurer refuses to make a fair offer, filing a lawsuit may be the best way to protect your rights. Even then, many cases settle during the litigation process before a trial ever takes place.
Your safety and health come first. After any accident, you should:
Our blog goes into greater detail about what to expect after a crash and how to protect your rights.
Every case moves at a different pace. Much of the timeline depends on your medical treatment, the severity of your injuries, and whether the insurance company is willing to offer a fair settlement.
Most cases do not move forward until you reach maximum medical improvement (MMI) — meaning your doctors have a clear picture of your long-term needs. Straightforward cases may take several months after treatment ends, while more serious or complex cases can take a year or longer. If the insurer refuses to be reasonable and a lawsuit is necessary, the case may take additional time.
When you call the Law Offices of R.F. Wittmeyer you’ll talk to a live member of our team who will gather your contact information and some pertinent facts regarding the incident that caused your injury. Your information will immediately be shared with an attorney who will evaluate your potential case and determine if we can assist you in a potential recovery. If we are able to take on your case, we’ll electronically send you a retainer agreement, along with a HIPAA authorization, which will allow us to obtain your medical records and bills when that time is necessary. Once you make the final decision and sign the retainer agreement, you will be our client and we’ll fully represent you to help you obtain the justice and recovery that you deserve.
If you are hit by an uninsured motorist (or an underinsured motorist) who is at fault in the crash, you could technically sue the uninsured driver but generally it is not worth it because if he or she has no insurance, they probably don’t have any assets or income from which to pay your claim. In this case, your own uninsured/underinsured motorist coverage (UM) that you should be carrying on your own policy may apply.
A follow up question we often hear is: what is adequate UM coverage? In our opinion, a minimum of $250,000 per person/$500,000 per accident, regardless of the number of people injured. CHECK YOUR OWN AUTO INSURANCE POLICY NOW TO MAKE SURE YOU HAVE ADEQUATE UM LIMITS!
Uninsured motorist coverage is typically inexpensive so it is a wise idea to make sure you have adequate coverage before an accident occurs.
No. You should not sign broad medical authorizations that give the insurer access to your entire medical history. You only need to provide records that relate to the injuries from the accident. We review all requests to ensure your privacy is protected. Insurers will often ask for medical records, but you don’t have to sign a blanket release. Your lawyer can review and negotiate the release, protecting your privacy and your claim.
Medical bills and liens play a major role in how much you ultimately receive from your settlement. Your settlement has to cover not just your compensation, but also the medical providers or insurers who have a legal right to be repaid.
Here’s how it works:
In short, liens and medical bills directly affect how much you put in your pocket — and skilled lien negotiations can significantly increase your net recovery. Letting your attorney handle this process helps protect your rights and maximize your outcome.
Depending on your situation, medical bills may be paid by your health insurance, med-pay coverage, or through liens that are resolved at the end of your case.
Our blog article “How Do My Medical Expenses Get Paid In My Personal Injury Case?” explains this in depth.
In most cases, no. Money you receive for physical injuries or physical sickness—including medical bills, pain and suffering, and lost wages tied to those injuries—is not taxable under federal or state tax law in either Illinois or Wisconsin.
However, some parts of a settlement can be taxable, including:
Because tax situations vary, we always recommend speaking with a tax professional if you have specific concerns.
The client pays nothing up front for us to work on their case. In most of our cases, we work on a contingency fee basis, and we’ll take 1/3 of the amount that we recover for our client. Excluded from that amount are out-of-pocket expenses, such as case filing fees, which are paid separately. We advance those costs and get them back from our client out of their 2/3 share of any recovery. This fee structure is the standard way personal injury lawyers work on cases. It is important to know that if we don’t make a recovery in your case, there is no fee earned.
