Frequently Asked Questions

The following are answers to some frequently asked questions we receive at the law firm of Miller & Ogorchock, SC. When you discuss your problem with us, please remember that the specific facts of your situation determine what legal rights you may have. We handle cases on a contingent fee basis, so there is never a charge for attorney fees or costs unless we win your case with a settlement or verdict, and you get paid.

Our offices are conveniently located in Milwaukee’s Riverfront Plaza, with ample access to parking. We offer evening and weekend appointments by request and we are happy to meet you at your home, office, or even your hospital room. Call (414)-272-4100 or contact us online for a free consultation.

Miller & Ogorchock, SC represents clients throughout Wisconsin, including Milwaukee, Brown, Dane, Kenosha, Marathon, Outagamie, Ozaukee, Racine, Rock, Washington, Waukesha, and Winnebago counties and the cities of Milwaukee, Appleton, Beloit, Eau Claire, Fond du Lac, Green Bay, Janesville, Kenosha, La Crosse, Madison, Oshkosh, Port Washington, Racine, Waukesha, Wausau, and West Bend, WI.

• Since I was injured through no fault of my own, can I file a personal injury action?
• Should I provide a statement to an insurance company without a lawyer’s help?
• Will I have to go to trial to recover damages?
• What is considered pain and suffering?
• What determines the amount I might recover?
• Is there a minimum or maximum amount that can be recovered in a personal injury settlement?
• What is a typical settlement amount?
• Can the insurance company refuse to pay my medical bills in an auto accident if my car was not damaged?
• What if I know that a defective product harmed other people besides me?
• A dog bit me. Who do I tell?
• Which jurisdiction covers dog bites—state or local?

• What is wrongful death?
• What is the statute of limitations for filing a wrongful death claim?
• Who can sue for wrongful death?

When you are injured by another person or entity’s negligence, carelessness, or wrongful conduct, you can often seek compensation from the negligent parties and their insurers.

It is in your best interests to only provide your contact information to an insurance company until you consult with a lawyer. The more significant your injuries, the more imperative it becomes to seek legal counsel before providing any statement.

About 95 percent of personal injury cases filed are settled prior to trial.

Pain and suffering includes harm caused by physical injury and mental anguish experienced through avoiding activities you engaged in prior to your accident and the potential of surgery.

Every case addresses three issues:

• Liability—establishing someone’s negligence
• Damages—the amount that will fairly and adequately compensate you for your injuries
• Source of collection—insurance or other assets from which damages can be recovered

No.

An experienced personal injury lawyer reviews and interprets your case information to determine the appropriate value for your claim:

• Incurred medical bill amount
• Future medical bills
• Loss of past income
• Your age
• Any permanent limitations caused by the injury Impact on future earning capacity
• Activities you can no longer do
• Activities you can do but do not enjoy as much
• Prognosis for further problems
• Strength of lay witness testimony

The goal is fair and adequate compensation for your injury. An experienced attorney knows what a reasonable jury would award. The strength of lay and expert witness testimony usually influences the amount.

No. While the insurance company might try to draw a direct correlation between damage done to your car and the severity of your personal injury, it is possible that the body sustains damage even if the car did not. The reverse may also be true—a car might experience major impact but the people might only suffer minor cuts and bruises.

When the same defective product injures a large number of people, they may join together in a class action lawsuit to hold manufacturers and sellers liable for the injuries caused by their product.

Contact your local animal control agency and the police. A police report is helpful in establishing your case if you plan to sue for damages.

Both. In addition to Wisconsin laws, your local communities might also have animal laws covering bites, leashing, and vaccinations. Your local laws might ban ownership of certain breeds, too.

The idea behind a wrongful death lawsuit is the wrongful death, in addition to injuring the person who died, also brought harm to the people who depended on that individual for financial and/or emotional support. The wrongful act might be:

• A negligent or careless act (e.g., careless driving)
• A reckless act
• An intentional act such as deliberate murder

Wisconsin has a statute permitting a lawsuit to be brought by the decedent’s relatives in the event of a wrongful act.

Wisconsin law sets a three year timeframe for filing wrongful death claims. Time begins with the time of the incident or when the party became aware of or discovered the injury. The state will not honor a wrongful death claim filed after the legislated timeframe and the opportunity to recover damages for the family will be forever lost.

Wisconsin defines the person(s) allowed to bring a wrongful death suit. In Wisconsin, a spouse and children may file. [In Wisconsin, grandparents or other relatives may also be allowed to sue.] [Wisconsin restricts a filing in which one family member sues another for the wrongful death of a third family member.]