Milwaukee Auto Accident Lawyer – Attorney
Motor vehicle accidents involving autos, trucks and motorcycles happen almost every minute of every day. Many result in severe personal injuries, brain injury and death. Our Milwaukee auto accident attorneys know that auto accident victims and their families confront a variety of questions: Who is paying for the doctor bills from this car accident? Who pays for the damage to my car following an auto accident? Will I be reimbursed if I rent a car? Will I be compensated for the time I miss from work due to this auto accident? Every auto accident attorney at Murphy & Prachthauser has decades of experience handling auto accident cases. Call one of our Milwaukee area auto accident attorneys if you want answers to your questions. Each auto accident attorney at Murphy & Prachthauser is happy to take the time to talk to you about your case, explain the process, and answer your questions about your auto accident case. There is no charge for a phone or in-person meeting with a Murphy & Prachthauser auto accident attorney.
Our auto accident attorneys will explain that car accident cases are similar to other personal injury cases, starting with the question of of liability: Who is at fault, and are they entirely responsible for the car accident? Are there any other people responsible for the vehicle accident? Is the person claiming injury partially responsible for the vehicle accident? Also similar to other personal injury cases, car accident cases involve issues of damages. The ultimate damage issue in a personal injury case is :what is fair and reasonable compensation for injuries suffered as a result of the auto accident? Each Milwaukee auto accident attorney at Murphy & Prachthauser has the answers for you.
The liability issues are commonly decided with reference to the “rules of the road,” which are statutory rules enacted by the legislature and contained in Wisconsin Statute Chapter 346. That statute sets forth a driver’s duties in broad terms, and requires drivers to operate at a reasonable and prudent speed, to yield the right of way under certain circumstances, and to maintain their vehicle under control. There are numerous duties set forth in this statute, and an automobile driver who violates these rules and is in a vehicle accident is considered negligent. In addition to the statutory rules, all drivers have a duty to act with “ordinary care.” Our auto accident attorneys will explain that something called the “common law” requires each person to act with the care which a reasonable person would use in similar circumstances. A person is negligent when, without intending to do harm, does something or fails to do something that a reasonable person would recognize as creating an unreasonable risk of injury or damage to another.
Our auto accident attorneys understand that in an auto accident case, there is often more than one party who is responsible. Sometimes the injured person is partially to blame. All drivers have a responsibility to comply with the rules of the road, and must comply with the rule of “ordinary care.” If more than one person is negligent in causing an auto accident, a jury is asked to compare the negligence of everyone responsible for causing the vehicle accident.
If a person suffers injury in a car accident as a result of the negligence of another, he or she is entitled to make a claim for damages. The categories of damages include wage or earnings losses, medical, hospital and related expenses, and pain, suffering and disability. A spouse, child or parent of an injured person may have what is called a ”derivative claim,” sometimes known as a loss of consortium claim, or even a claim for their emotional distress if they witnessed the event. An auto accident lawyer with Murphy & Prachthauser will explain that these claims are highly fact dependant, and you should consult an experienced personal injury attorney for more details. Our auto accident attorneys understand that if aggravating circumstances exist on liability, for example, if the other driver was intoxicated, there may be a punitive damage claim. The law is developing in this area, but texting while driving may be another area for damages which are designed to punish the offender: punitive damages.
Auto accidents comprise a large portion of personal injury and wrongful death claims. However, it would be mistaken to think that they are always easy to resolve. In addition to the “rules of the road,” the auto accident attorneys at Murphy & Prachthauser understand the special duties imposed on commercial and public carriers, as well as the complex scientific and engineering principles often necessary to unravel just how an accident occurred and who was at fault. We are Milwaukee’s auto accident lawyers and we have the knowledge and ability to properly evaluate your injuries, as well as the economic and accounting rules needed to evaluate your damages.