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FAQs

Frequently Asked Questions

When you need to hire an attorney depends on the facts of your case. At a minimum, you should consult with an attorney as soon as possible about your personal injury case. One reason why the consultation is needed as soon as possible is to make sure that evidence is not lost. This consultation will also help you decide whether you need an attorney for your case. Martin Law Office provides a free initial consultation. If you are not able to come to Martin Law Office, we will come to you, whether at your home, in the hospital, at a nursing home, or anywhere else.

The insurance company represents their interests, not yours. The attorneys at Martin Law Office are here to represent your interests. Statistically, an attorney is much more likely to get more compensation for your injuries because attorneys represent a threat to insurance companies through knowledge of the law.

Under Wisconsin law, future medical expenses are recoverable if the plaintiff (the injured person) will require health care services in the future for injuries sustained as a result of the accident. Absolute certainty is not required in order to award future medical expenses or future pain and suffering; rather, the jury must be satisfied that the plaintiff is reasonably certain to need future medical treatment.

Yes. The initial consultation is always free.

The insurance company is out to represent their interests. The attorneys at Martin Law Office are here to represent your interests. Statistically, an attorney is much more likely to get more compensation for your injuries because attorneys represent a threat to the insurance company through knowledge of the law.

Under Wisconsin law, the statute of limitations on a typical personal injury claim is three years from the date of the injury, unless the claim is for wrongful death arising from a motor vehicle accident, in which case the statute of limitations is two years. As provided by Wis. Stat. § 893.54(1m), “the following actions shall be commenced within 3 years or be barred: (a) An action to recover damages for injuries to the person, including an action to recover damages for injuries to the person caused or sustained by or arising from an accident involving a motor vehicle. (b) An action brought to recover damages for death caused by the wrongful act, neglect or default of another.” As provided by Wis. Stat. § 893.54(2m), “An action brought to recover damages for death caused by the wrongful act, neglect, or default of another and arising from an accident involving a motor vehicle shall be commenced within 2 years after the cause of action accrues or be barred.”

No attorney can tell you the value of your case during the initial consultation. However, we will be able to advise you on the categories of compensation you may be entitled, including past and future medical expenses, past and future pain and suffering, past and future wage loss, and other areas of damages.

Yes. Martin Law Office has represented countless victims of unsafe premises. Under Wisconsin law, an employer or owner of a public building has a duty to construct, repair and maintain their premises in as safe a manner as reasonably possible. This is known as Wisconsin’s Safe Place Law.

We handle every type of personal injury case, including auto accidents, trucking accidents, motorcycle accidents, wrongful death, slip-and-falls, unsafe premises, dog bites, nursing home neglect, medical malpractice, insurance disputes, bad faith claims, wrongful denial of benefits, and many others.

The first step to take after an auto accident is to make sure the injured are provided the help they need. After that, you should contact the police; get the names, addresses, phone numbers and insurance information for all the drivers involved in the accident; get the names, addresses and phone numbers for all witnesses to the accident; and take photographs of the scene and damage to the vehicles. With that information, you should contact an attorney at Martin Law Office to protect your rights and make sure you do not lose more than you already have.

Under Wisconsin law, future medical expenses are recoverable if the jury is “satisfied that [the plaintiff] will require health care services in the future for injuries sustained as a result of [the accident].” Absolute certainty is not required in order to award future medical expenses or future pain and suffering. As ruled by the Wisconsin Supreme Court in Meracle v. Children’s Serv. Soc. of Wis., 149 Wis. 2d 19, 26-27 (1989), “To recover for future expenses due to an injury, a plaintiff must demonstrate that the anticipated expenses are reasonably certain to occur. ‘[R]ecovery may be had for reasonably certain injurious consequences of the tortfeasor’s negligent conduct, not for merely possible injurious consequences.’ Brantner v. Jenson, 121 Wis. 2d 658, 663-64, 360 N.W.2d 529 (1985). This standard applies to the recovery of future medical expenses. In Dumer v. St. Michael’s Hospital, 69 Wis. 2d 766, 776, 233 N.W.2d 372 (1975), we held that the parents of a deformed child could recover in a wrongful birth action those expenses which they “will to a reasonable medical certainty suffer in the future” in providing medical attention for the child. Similarly, in Bleyer v. Gross, 19 Wis. 2d 305, 312, 120 N.W.2d 156 (1963), we allowed a husband to recover future medical expenses when his wife was injured in a car accident when medical testimony about future expenses ‘was not in terms of possibilities