While each case is unique, the general steps remain similar. Every personal injury case begins with understanding the facts—how the accident occurred, who may be responsible, and what impact the injuries have had on your life. From the initial consultation and investigation through settlement discussions or trial, our attorneys follow a structured process designed to protect your rights at every stage. This approach ensures that each client receives personalized attention while maintaining the proven strategies that have guided successful outcomes for decades.
Key Takeaways:
Provided below is the 10 Step Process of a Personal Injury Auto Accident Case.
- Initial Investigation
Document everything at the scene—photos, witness information, and police details—to preserve strong evidence that supports your claim later.
- Treatment for Injuries
Seek prompt and consistent medical care, follow your doctor’s guidance, and maintain detailed records to validate your injury claims.
- Reporting the Accident & Filing an Insurance Claim
Report the crash to police and your insurer promptly, but share only factual details and avoid recorded statements until consulting an attorney.
- Initial Consultation With an Attorney
Meet with an experienced personal injury lawyer for a free case evaluation to understand your rights and protect yourself from insurance tactics.
- Liability and Medical Investigation
Your attorney gathers evidence—medical records, witness statements, and expert opinions—to prove fault and measure the full impact of your injuries.
- Settlement Demand
Once your condition stabilizes, your lawyer submits a demand to the insurer and negotiates for fair compensation based on documented damages.
- Filing a Lawsuit / Case Settlement
If negotiations stall, a lawsuit may be filed; your attorney will guide you through deciding whether to settle or continue to court.
- Discovery
Both sides exchange evidence through documents, written questions, and depositions to clarify the facts and prepare for mediation or trial.
- Mediation
A neutral mediator helps both parties negotiate a voluntary settlement, often avoiding the time and cost of a courtroom trial.
- Trial (and Post-Trial Steps)
If mediation fails, your case proceeds to trial where a jury determines fault and damages; afterward, settlements are finalized and compensation distributed.
A car accident can happen in an instant and completely change a person’s life. While some crashes cause only property damage, those involving injuries often mark the beginning of a potential personal injury case. Many people choose to consult with a personal injury attorney soon after the accident to understand their rights, explore legal options, and take the first steps toward recovery and justice.
Do you know what to do after you’ve been involved in a car accident? The Milwaukee personal injury attorneys and car accident lawyers in Milwaukee at Murphy & Prachthauser want to help you be prepared. Take a look at the 10-step process you should follow after a motor vehicle accident injury.
1. Initial Investigation
At the scene of the accident, your first priority should always be your safety and health. If you’re able, begin documenting the scene by taking clear photographs of vehicle damage, road conditions, and any visible injuries before they heal. Gather witness names and contact information, and look for nearby businesses that may have surveillance footage capturing the collision. Even if police officers take photos, having your own documentation can provide valuable evidence. If your vehicle or others are being towed, photograph them beforehand to preserve key details. Careful documentation at this stage can help strengthen your case and support a smoother claims process.
At the scene of the accident, collect as much information as possible. This includes the names, contact details, and insurance information of everyone involved, as well as statements or contact information from any witnesses. Accurate information gathered early can be critical evidence when determining fault and supporting your personal injury claim.
2. Treatment for Injuries
Receiving medical treatment can be the most important step in getting your life back to normal after an auto accident. When you visit your doctor, make sure to explain all of your symptoms. Be honest with your doctor, but do not exaggerate. This will help your doctor give you the best treatment possible. Make sure to ask your doctor if you can return to work with your injuries or if you have any restrictions. Furthermore, make sure to keep receiving medical treatment if you still have any symptoms. Insurance companies see gaps in treatment as an indication that your injury has healed, which is usually not the case. This step in the process should continue until your symptoms stop and throughout the rest of the process of your personal injury case.
3A. Reporting the Accident
After receiving medical attention, it’s important to report the accident to the police. A police report provides an official record of what happened and can serve as vital evidence if you pursue a personal injury claim. It documents key details like location, witness statements, and apparent injuries—helping connect your medical treatment to the incident and establish fault early on.
3B. File Claim With Your Insurance Company
After collecting all necessary information about the accident, the next step is filing a formal claim with the at-fault party’s insurance company. This begins the process of pursuing compensation for your injuries and property damage. While it’s important to notify your own insurer promptly to address vehicle repairs or a total loss, your company may later seek reimbursement from the at-fault driver’s insurer, particularly if you carry collision coverage.
When reporting the accident, provide your insurance company with only the basic facts—such as when and where the collision occurred and who was involved. Avoid offering opinions or speculating about fault or the extent of your injuries, as these statements can later affect your claim. Insurance adjusters may seem helpful, but their primary goal is to minimize payouts, so it’s best to speak carefully or consult an attorney before giving detailed statements.
Oftentimes after an accident, the insurance company of the at-fault driver will also contact you. Usually, the insurance adjuster will ask you for a written or recorded statement. It is not in your best interest to provide them with a statement. Sometimes, the insurance agents even try to get you to accept a small amount of money, such as $500 and sign a release. As experienced Milwaukee auto accident attorneys, we always tell clients: do not accept quick cash or sign any documents. Your injuries could last much longer than you anticipate and once you release the other insurance company, you cannot reopen your claim. At this point, you may want to consider talking with a car accident personal injury attorney.
4. Initial Consultation With a Car Accident Attorney in Milwaukee
The Milwaukee personal injury lawyers at Murphy & Prachthauser have a long tradition of practicing exclusively personal injury law. Scheduling a meeting with one of our Milwaukee personal injury attorneys is free and each attorney would be happy to answer any questions you may have. Hiring Milwaukee car accident attorneys who are familiar with personal injury cases will help ensure the insurance company does not take advantage of you. In addition, our attorneys can help you deal with the numerous calls you receive from the insurance adjusters, conduct investigation, and push back against low settlement offers by the insurance company. Furthermore, there is no upfront cost to you for hiring us. We are only paid for our legal services if we help you recover from the insurance company. Murphy & Prachthauser attorneys practices law the way it should be practiced. We are motivated and equipped to do our best for you.
Many personal injury attorneys offer free initial consultations to help accident victims understand their rights and options. During this meeting, an attorney will review the details of the accident, assess the strength of the claim, and explain the legal process moving forward. This first step allows injured individuals to make informed decisions about pursuing compensation without any upfront cost.
An experienced personal injury attorney can guide you through the complex legal process, gathering critical evidence, negotiating with insurance companies, and ensuring your rights are protected every step of the way. Having legal representation early on can make a significant difference in building a strong case and securing fair compensation for your injuries.
5. Liability and Medical Investigation
After hiring Murphy & Prachthauser, our team of car accident lawyers in Milwaukee will conduct further investigation into the accident as well as follow up with you on a regular basis regarding your medical treatment. As you continue treatment, we begin to order your medical bills and medical records. When your injuries heal, we order all your treatment information and submit it to the insurance company. If, however, your pain does not go away and your doctor thinks that your pain may be permanent, we will contact your doctor and get a report to submit along with the treatment records. This step in the process can sometimes be the longest because it is wholly dependent upon how you are feeling. It is important to wait until your future prognosis is better known before even considering an offer from the insurance company to settle the case.
During the investigation phase, your attorney will collect key documents such as police reports, medical records, medical bills, and proof of lost wages. These materials provide essential evidence of how the accident occurred and the financial impact it has had on your life, forming the foundation of your personal injury claim.
Witness statements can play a vital role in confirming how an accident occurred. As part of the investigation, your attorney may contact and interview witnesses to record their observations while details are still fresh. These accounts can help clarify fault and strengthen the overall credibility of your personal injury claim.
In more complex cases, your attorney may work with expert witnesses such as accident reconstruction specialists or medical professionals. These experts can help explain how the crash occurred, confirm the extent of your injuries, and estimate future treatment costs. Their insights provide valuable support in proving liability and demonstrating the full impact of the accident on your life.
A key part of the investigation is determining who was legally responsible for the accident. Your attorney will work to show that the other party owed a duty of care, breached that duty through negligent actions, and that this breach directly caused your injuries. Establishing these elements is essential to proving fault and securing fair compensation.
6. Settlement Demand
Once your medical condition has stabilized, your attorney will submit a formal demand for settlement to the insurance company on your behalf. The insurer typically responds with an initial offer, leading to several rounds of negotiation with the adjuster. If a fair settlement cannot be reached, your attorney may recommend filing a personal injury lawsuit to continue pursuing the compensation you deserve.
7A. Filing a Lawsuit
If settlement negotiations are unsuccessful, your attorney may move forward by filing a lawsuit. This formally begins the litigation process and starts with filing a complaint in court. The complaint outlines the facts of the case, identifies the parties involved, and details the compensation being sought for your injuries and losses. This step ensures your claim proceeds through the legal system when a fair settlement cannot be achieved through negotiation.
Serving the Defendant:
After the complaint is filed, the next step is serving the defendant with a summons and a copy of the lawsuit. This formal notice informs the defendant that legal action has been taken and provides a specific timeframe to respond. Proper service is an essential part of the litigation process, ensuring that all parties are officially aware of the case and can participate in court proceedings.
7B. Case Settles
When we receive a final offer from the insurance adjuster, it is your decision as to whether you want to settle your case or whether you want to file a lawsuit. Many clients will say they are not the type of people who would file a lawsuit and they want to settle. However, insurance companies know that people do not want to file lawsuits so they offer low amounts knowing that oftentimes cases will settle. During this process, Murphy & Prachthauser, and their team of experienced car accident lawyers in Milwaukee, will provide guidance on whether the offer from the insurance company is fair and whether it makes sense to continue with a lawsuit. As previously mentioned, this is your decision and we will back you with whichever decision you make.
8. Discovery
Once a lawsuit is filed, the case moves into the discovery phase of litigation, where both sides formally exchange information relevant to the claim. This stage may include written questions known as interrogatories, requests for documents such as photographs or medical records, and depositions—out-of-court, under-oath testimonies from parties, witnesses, police officers, or medical providers. After discovery is complete, the court often orders mediation to encourage a resolution before the case proceeds to trial.
Pre-Trial Motions:
Before the trial begins, attorneys may file pre-trial motions asking the judge to decide on specific legal issues. These motions can address matters such as the admissibility of evidence, requests to dismiss certain claims, or efforts to resolve parts of the case without a full trial. Pre-trial motions help clarify the issues that will be presented in court and streamline the trial process.
9. Mediation
Mediation is a voluntary process designed to help both sides reach a settlement and avoid trial. A neutral third party, known as the mediator, facilitates discussions between the parties and their attorneys to find common ground. Typically, each side meets in separate rooms while the mediator moves between them to encourage compromise and communication. Although the mediator cannot impose a decision, mediation often leads to a successful resolution of personal injury cases before they reach the courtroom.
If mediation does not lead to a settlement, the case proceeds to trial. While mediation is often encouraged—and in some cases required by the court—it remains a voluntary process. When an agreement cannot be reached, a judge or jury will hear the evidence, determine liability, and decide the amount of compensation, if any, to be awarded.
10. Trial
In the event mediation is unsuccessful, the case will proceed to trial. In busy counties, a trial may not happen until more than a year after the lawsuit is filed. At trial, the injured person has the burden of proving that the other driver was negligent. In proving negligence, the injured party and his or her attorneys have to show that the other driver failed to use ordinary care and his failure caused your injuries. In addition, the injured party and his or her attorneys have to show how much money the jury should award in damages. After you, the other driver, witnesses, police officers, doctors, and other witnesses testify, the jury is required to answer a special verdict. The questions on the special verdict will ask if the other driver was negligent and if his or her negligence caused your injury. The jury will then be asked if you were negligent and if your negligence caused your own injuries. If the jury answers yes to both questions, the jury is required to apportion fault between you and the other driver. In Wisconsin, as long as the injured person is not more at fault than the other driver, the injured person will win the lawsuit and be able to recover. If the plaintiff is partially to blame for his injuries, damages may be reduced. The jury is not told that this is how it works. The jury is only told to answer what amount of money will fairly and reasonably compensate you for your injuries. Unlike a the juries we see on TV, only 10 out of 12 jurors have to agree on the answer to each question. After the jury reaches its verdict, the results are announced in court and you can recover based on how the jury answered the questions.
Jury Selection:
The trial process begins with jury selection, where attorneys question potential jurors to ensure they can evaluate the case fairly and without bias. This step is essential to forming an impartial jury that will listen to the evidence, apply the law, and reach a just verdict based on the facts presented in court.
Opening Statements:
After the jury is selected, each side presents an opening statement to the judge and jury. This overview outlines the evidence they expect to present and the key points of their case. Opening statements help the jury understand what the case is about and set the stage for the testimony and evidence that will follow.
Presentation of Evidence:
During the trial, both sides present their evidence to support their version of events. This includes witness testimony, expert opinions, and exhibits such as documents, photographs, and medical records. The goal is to provide the jury with a clear, factual understanding of how the accident occurred and the extent of the injuries and damages involved.
Cross-Examination:
After a witness testifies, the opposing attorney has the opportunity to conduct a cross-examination. This process allows the attorney to question the witness about their statements, challenge inconsistencies, and clarify key details. Cross-examination helps the jury evaluate the credibility of each witness and ensures that all testimony is thoroughly examined before a verdict is reached.
Closing Arguments:
Once all evidence has been presented, both attorneys deliver their closing arguments. This is each side’s final opportunity to summarize the evidence, highlight key testimony, and persuade the jury to rule in their favor. Closing arguments help tie together the facts and legal principles that will guide the jury’s decision.
Jury Deliberation and Verdict:
After closing arguments, the jury meets privately to review the evidence and deliberate on the case. During this process, jurors decide whether the defendant is liable and, if so, determine the amount of compensation to award. Once a verdict is reached, it is presented in court and formally recorded, marking the conclusion of the trial.
Appeals Process:
After a verdict is reached, either party may have the option to appeal if they believe legal errors occurred during the trial. In most cases, the parties accept the jury’s decision, and the case is dismissed. However, if a party disputes the verdict, post-verdict motions may be filed within a short time asking the judge to alter or set aside the findings. Once the judge rules on these motions, the prevailing party calculates statutory costs—typically modest compared to overall litigation expenses—and submits them to the clerk of court for inclusion in the official judgment.
Once judgment is entered, the losing party’s window to appeal begins. An appeal initiates a separate legal process that can take months or even years, depending on the complexity of the case and whether it reaches higher courts such as the Wisconsin Supreme Court. Over the past 15 years, Murphy & Prachthauser has successfully handled numerous appeals, including six cases argued before the state’s highest court, continuing our commitment to protecting clients’ rights through every stage of litigation.
Settlement Agreement and Release:
Once a settlement is reached or a verdict is entered, several final steps must occur before compensation is distributed. If the case settles, a formal settlement agreement and release are prepared and signed by all parties. This document confirms the agreed-upon terms and releases the defendant from any future liability related to the accident. Completing this paperwork ensures the case is officially resolved and payment can be processed promptly.
Post-Verdict or Settlement Wrap-Up:
- Resolving Liens
- Before settlement funds are distributed, any outstanding obligations must be resolved. This includes attorney’s fees, litigation expenses, and medical liens from healthcare providers seeking payment for treatment related to the accident. Addressing these items ensures that all parties are properly compensated and that the final settlement amount accurately reflects what the injured person will receive.
- Receiving Compensation (lump sum vs. structured payments)
- After all fees, expenses, and liens are resolved, the remaining amount—known as the net settlement—is disbursed to the client. Compensation may be provided as a single lump-sum payment or through a structured settlement that delivers payments over time. This final step marks the conclusion of the legal process and allows the injured party to begin moving forward with financial stability and peace of mind.
- Settlement payments may be made as a single lump sum or structured over time through periodic installments. The choice depends on the terms of the agreement and the client’s financial needs, providing flexibility in how compensation is received and managed after the case concludes.
- Tax Implications (lost wages, punitive damages)
- While many personal injury settlements are not taxable, certain portions—such as compensation for lost wages or punitive damages—may have tax implications. Your attorney can help identify which parts of your settlement may be subject to taxes and recommend consulting a tax professional to ensure full compliance and accurate reporting.
If you have been injured in an auto accident, call Murphy & Prachthauser to speak with an experienced car accident lawyer in Wisconsin. We can help guide you through the steps of a personal injury auto accident case.
Do you have any questions for our team of personal injury attorneys? Let us know how we can help.
At Murphy & Prachthauser we are car accident lawyers in Milwaukee who practice the law the way it should be practiced – motivated and equipped to do our best for you. We take pride in being good lawyers who help people.
If you have a case you would like to speak to a personal injury lawyer about, please contact us to schedule a free consultation and get an experienced Milwaukee auto accident attorneys working on your behalf.