1. Gingras, Thomsen and Wachs, LLP
Practice Focus: Car accidents, truck accidents, motorcycle accidents, pedestrian accidents, bicycle accidents, medical malpractice, nursing home negligence, wrongful death, product liability, premises liability
Case Types Handled: Rear-end collisions, head-on collisions, intersection accidents, multi-vehicle accidents, drunk driving accidents, distracted driving accidents, commercial vehicle accidents, uninsured motorist claims, catastrophic injury cases
Legal Services: Insurance claim negotiation, litigation, trial representation, settlement negotiations, accident investigation, expert witness coordination, property damage claims, lost wage recovery, pain and suffering claims, wrongful death claims
Background: Gingras, Thomsen and Wachs, LLP has been helping accident victims in Madison, Wisconsin for over 35 years. The firm has received numerous honors including recognition by the American Board of Trial Advocates, Best Lawyers, and the Wisconsin Association for Justice. Partners Bob J. Gingras and Paul A. Kinne lead the firm. Attorneys have been named to Best Lawyers in America, Best Lawyers in Wisconsin, Best Lawyer of the Year, Wisconsin Super Lawyers and Rising Stars, and The American Trial Lawyers Association’s Top 100 Trial Lawyers. The firm prepares every case as if it will go before a jury.
Location: Madison, Wisconsin
Contact: https://www.gtwlawyers.com/
Consultation: Free case evaluation available, contingency fee basis
2. Nicolet Law Accident and Injury Lawyers
Practice Focus: Car accidents, truck accidents, motorcycle accidents, bicycle accidents, pedestrian accidents, ATV accidents, boating accidents, aviation accidents, slip and fall accidents, wrongful death
Case Types Handled: Rear-end collisions, head-on collisions, intersection accidents, multi-vehicle accidents, drunk driving accidents, distracted driving accidents, commercial vehicle accidents, specialty vehicle accidents, catastrophic injury cases
Legal Services: Insurance claim negotiation, litigation, trial representation, settlement negotiations, accident investigation, evidence preservation, property damage claims, lost wage recovery, pain and suffering claims, wrongful death claims
Background: Nicolet Law has successfully represented thousands of injured clients throughout Wisconsin. Russell Nicolet serves as the firm’s President and is known as “The Midwest’s Lawyer.” The firm has attorneys throughout Wisconsin. Nicolet Law emphasizes that Wisconsin allows three years from the date of injury to file a lawsuit, but advises clients to act quickly to preserve evidence and protect their claims. The firm handles all communication with insurance companies on behalf of clients.
Location: 345 W. Washington Ave #309, Madison, WI 53703
Contact: (608) 467-0429 | https://nicoletlaw.com/
Consultation: Free consultation available, contingency fee basis
3. Atterbury, Kammer and Haag, S.C.
Practice Focus: Car accidents, truck accidents, motorcycle accidents, bicycle accidents, pedestrian accidents, catastrophic injuries, wrongful death
Case Types Handled: Rear-end collisions, head-on collisions, intersection accidents, multi-vehicle accidents, drunk driving accidents, distracted driving accidents, commercial vehicle accidents, catastrophic injury cases
Legal Services: Insurance claim negotiation, litigation, trial representation, settlement negotiations, accident investigation, case valuation, property damage claims, lost wage recovery, pain and suffering claims, wrongful death claims
Background: Atterbury, Kammer and Haag, S.C. represents clients throughout Wisconsin including Madison and Middleton. All attorneys in the firm are partners with proven records of success. The firm has been recognized for inclusion in Super Lawyers year after year and all attorneys have “Superb” 10.0 Avvo ratings. The firm is respected by the insurance defense industry and peers for litigation skills. Rather than rushing to settle cases, attorneys take time to thoroughly assess case merits and determine accurate values before advising on settlement or litigation strategy.
Location: Middleton, Wisconsin (serving Madison and throughout Wisconsin)
Contact: https://www.yourwisconsininjurylawyers.com/
Consultation: Free consultation available
4. Habush Habush and Rottier S.C.
Practice Focus: Car accidents, truck accidents, motorcycle accidents, bicycle accidents, pedestrian accidents, medical malpractice, dog bites, slip and fall accidents, wrongful death, product liability
Case Types Handled: Rear-end collisions, head-on collisions, intersection accidents, multi-vehicle accidents, drunk driving accidents, distracted driving accidents, commercial vehicle accidents, catastrophic injury cases
Legal Services: Insurance claim negotiation, litigation, trial representation, settlement negotiations, accident investigation, property damage claims, lost wage recovery, pain and suffering claims, wrongful death claims
Background: Habush Habush and Rottier S.C. has more than nine decades of experience representing injury victims in Wisconsin. The firm has a Madison office serving the greater Madison area. Attorneys handle car accidents, medical malpractice, dog attacks, slip and falls, and other accidents. The firm operates on a contingency fee basis, meaning clients pay nothing unless the firm wins their case.
Location: Madison, Wisconsin (part of statewide firm)
Contact: https://www.habush.com/
Consultation: Free consultation available, contingency fee basis (no fee unless they win)
5. Hupy and Abraham, S.C.
Practice Focus: Car accidents, truck accidents, motorcycle accidents, bicycle accidents, pedestrian accidents, dog bites, slip and fall accidents, wrongful death
Case Types Handled: Rear-end collisions, head-on collisions, intersection accidents, multi-vehicle accidents, drunk driving accidents, distracted driving accidents, commercial vehicle accidents, catastrophic injury cases
Legal Services: Insurance claim negotiation, litigation, trial representation, settlement negotiations, accident investigation, evidence gathering, property damage claims, lost wage recovery, pain and suffering claims, wrongful death claims
Background: Hupy and Abraham, S.C. has successfully resolved more than 70,000 cases and recovered more than $2 billion for clients. The Madison office is located near the Beltline Highway. The firm has an AV Preeminent peer review rating in Martindale Hubbell and has been recognized locally as the best personal injury law firm. Attorneys investigate claims to determine accident causes and liable parties, gather evidence including police reports, medical records, witness statements, photos, and video footage, and handle all aspects of the claims process.
Location: Madison, Wisconsin (serving greater Madison area including Janesville, Fitchburg, Sun Prairie, Stoughton, Verona, Middleton, Cottage Grove, Waunakee, Sauk City, Wisconsin Dells, and Baraboo)
Contact: (608) 277-7777 | https://www.hupy.com/
Consultation: Free consultation available, contingency fee basis
Car Accident Laws and Regulations in Wisconsin
Statute of Limitations for Personal Injury Claims: Three years from the date of the accident to file a personal injury lawsuit in Wisconsin.
Statute of Limitations for Property Damage Claims: Six years from the date of the accident for property damage claims.
Statute of Limitations for Wrongful Death Claims: Three years from the date of death for wrongful death claims, though certain claims must be filed within three years of the accident.
Fault vs. No-Fault Insurance Status: Wisconsin is an at-fault (tort) state. The driver who causes an accident is responsible for paying damages to others involved.
Comparative Negligence Rules: Wisconsin follows a modified comparative negligence rule with a 51% bar. Under Wisconsin Statutes Section 895.045, you can recover damages only if your negligence is not greater than the combined negligence of all other parties. If you are found more than 50% at fault, you cannot recover any compensation. If you are 50% or less at fault, your recovery is reduced by your percentage of fault.
Minimum Auto Insurance Requirements: Wisconsin requires drivers to carry minimum liability insurance of $25,000 per person for bodily injury, $50,000 per accident for bodily injury, and $10,000 per accident for property damage (25/50/10). Uninsured motorist coverage of $25,000/$50,000 is also required.
Uninsured/Underinsured Motorist Coverage Regulations: Wisconsin law requires all auto insurance policies to include uninsured motorist (UM) coverage with minimum limits of $25,000 per person and $50,000 per accident. Underinsured motorist (UIM) coverage is optional but strongly recommended.
Medical Payment Coverage: Wisconsin insurers typically offer medical payment coverage (MedPay) as optional coverage that pays for medical expenses regardless of fault.
Damage Caps: Wisconsin does not cap economic damages in personal injury cases. Non-economic damages are not capped in most personal injury cases. Punitive damages require proof of malice or willful disregard and are not capped by statute but are subject to due process limitations.
Dram Shop Liability Laws: Wisconsin Statutes Section 125.035 provides dram shop liability for establishments that serve alcohol to underage persons who then cause injury. Wisconsin does not impose dram shop liability for serving alcohol to adults, even if obviously intoxicated, except in specific circumstances involving minors.
Vicarious Liability Rules for Vehicle Owners: Wisconsin follows the negligent entrustment doctrine. Vehicle owners may be liable if they negligently entrust their vehicle to someone they know or should know is incompetent or reckless.
Reporting Requirements: Wisconsin law requires drivers to report accidents that result in injury, death, or property damage exceeding $1,000 to law enforcement. Reports must also be filed with the Wisconsin Department of Transportation.
Frequently Asked Questions
Q: How does Wisconsin’s modified comparative negligence affect my car accident claim in Madison?
A: Under Wisconsin’s modified comparative negligence rule, you can recover compensation as long as you are not more than 50% at fault for the accident. Your recovery is reduced by your percentage of fault. For example, if a Dane County jury determines your damages total $100,000 but you were 30% at fault, you would receive $70,000. However, if you are found 51% or more at fault, you are completely barred from any recovery. Insurance adjusters may try to shift blame to reduce payouts, so documenting the accident thoroughly and working with an attorney can help protect your claim.
Q: What are the most dangerous areas for car accidents in Madison?
A: Madison has several high-risk intersections and roadways where accidents occur more frequently due to traffic congestion, driver negligence, poor signage, or low visibility. Areas of concern include the Beltline Highway (US 12/18), East Washington Avenue, Park Street intersections, University Avenue near the UW-Madison campus, and major intersections during rush hour. The firm Gingras, Thomsen and Wachs notes that specific intersections experience higher accident rates due to traffic patterns and driver behavior.
Q: How long do I have to file a car accident lawsuit in Wisconsin?
A: Wisconsin’s statute of limitations gives you three years from the date of your accident to file a personal injury lawsuit. For property damage claims, you have six years. If the accident resulted in death, the wrongful death claim must generally be filed within three years. Missing these deadlines typically bars you from pursuing compensation through the courts. While three years may seem like ample time, it is important to act promptly to preserve evidence, gather witness statements, and build a strong case. Contacting an attorney soon after your accident is advisable.
Q: What compensation can I recover after a car accident in Madison?
A: Wisconsin law allows car accident victims to recover both economic and non-economic damages. Economic damages include medical expenses (past and future), lost wages and loss of earning capacity, property damage, and out-of-pocket expenses. Non-economic damages include pain and suffering, emotional distress, loss of enjoyment of life, and disfigurement. In cases involving particularly egregious conduct, punitive damages may be available but are difficult to obtain without proof of malice or willful disregard for safety. An attorney can help calculate the full value of your claim.
Q: Should I give a recorded statement to the insurance company after my Madison car accident?
A: It is generally advisable to consult with an attorney before providing any recorded or written statement to the insurance company, especially the at-fault driver’s insurer. Insurance adjusters are trained to ask questions that may lead you to make statements that can be used to reduce or deny your claim. You should never admit fault, speculate about the accident, or minimize your injuries. Under Wisconsin’s comparative negligence rule, any fault attributed to you reduces your recovery, so protecting yourself from damaging statements is essential. You have no obligation to speak with the other driver’s insurance company.