Frequently Asked Questions
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McDonald & Gustafson, S.C.
I've been injured, what should I do now?
If someone else is more at fault for your injury than you are, you may make a claim
against that person or business and their insurance company, if any. An
experienced personal injury attorney can benefit you and your family. Because
every claim is different, it is wise to speak with a lawyer as soon as possible after
suffering an injury. You should look for an attorney who offers a free initial
consultation. At McDonald & Gustafson, you will not be charged anything to
meet with one of our attorneys to discuss your claim.
What should you do if you are involved in a traffic accident?
If you are involved in an accident you should do five things:
1) You should stop, identify yourself, and render assistance if possible. By law
you cannot leave the scene of an accident without identifying yourself and
rendering assistance if possible.
2) If you are able, you should help the injured, but be careful. If you do not know
what you are doing you could potentially do more harm than good. You should
always take caution when moving an injured person. If necessary you should call
an ambulance immediately.
3) You should take precaution to warn passing traffic because this can help
prevent a future collision.
4) Each driver should exchange information so that you are able to contact each
other or your insurance comapnies if necessary.
5) If anyone is injured or if the property damage appeares to be more than a few
hundred dollars, the police should be contacted. If the police are called, they will
investigate the scene and likely take statements from those involved. They may
also be able to track down witnesses if there were any. The police investigation
will be recorded on a Wisconsin Motor Vehicle Accident Report. This report is
used often in personal injury claims because it is made on the day of the incident.
Claims often take months or years to resolve, so this report can be used to help
individuals recall the circumstances of an accident.
After being injured, what should I say to the other person's
insurance company?
Nothing! You should contact a lawyer prior to talking with any representative of
an insurance company. Statements made to a representative of an insurance
company can be taken out of context and used against you later. Although an
insurance adjuster may appear friendly, the goal of that person is to pay you as
little as possible. Insurance adjusters deal with injury claims on a daily basis. On
the other hand, most individuals who are injured have little to no experience or
knowledge in handling a claim. By hiring an experienced personal injury attorney,
an injured person is able to even the playing field. Your lawyer is on your side to
protect your rights. No matter how friendly an insurance adjuster may seem, and
no matter what that adjuster may tell you, his or her ultimate goal is to pay you as
little money as possible on your claim.
What types of claims do you handle at McDonald & Gustafson?
We handle a wide range of personal injuries including motorcycle, auto and truck
accidents, bicycle accidents, pedestrian injuries, animal attacks, head and brain
injuries, spinal cord injuries, and wrongful death claims.
Which insurance policies will cover my costs?
Most automobile and homeowners liability policies contain limited medical
payments coverage for medical expenses incurred after an accident without regard
to fault. Auto policies cover the insured family and vehicle passengers while
homeowners polices typically cover only visitors to the premises. Your health
insurance and disability insurance carriers ususally will pay benefits arising from
accidental injuries. If your claim against another person succeeds, your insurance
provider will probably ask you to repay them the money they have already paid on
your behalf. This is known as subrogation. Your attorney can attempt to negotiate
with your insurance provider to seek a reduction in their subrogation interest.
How much does it cost to hire a personal injury attorney?
Most personal injury attorneys work on a contingent fee basis. That means they
are paid a percentage out of the recovery. At McDonald & Gustafson we offer a
contingent fee arrangement which means you never have to worry about being billed
for our services. Our fee is a percentage paid directly from the recovery we obtain
for you. Some attorneys charge a client a fee up front to cover expenses or for
some other reason. You should retain an attorney who does not require any
up-front payment. At McDonald & Gustafson we do not ask victims who have
been injured to pay us money at the onset of a claim to cover the costs of collecting
health care records, reports from law enforcement agencies, photographs, or other
expenses incurred to investigate a claim. When choosing to retain a lawyer, make
certain he or she provides you with a written retainer agreement that clearly spells
out the agreement regarding fees and expenses.
How soon after an accident should I consult an attorney?
You should contact an attorney as soon as possible after the accident because you
want to make certain that your rights are protected and that no harm is done to
your claim. Your attorney will be able to give you advice regarding the law,
procedures, and fees.
Why should I consult an attorney before settling a damage claim?
Insurance companies have the goal of paying you the smallest amount possible for
your injuries. Regardless of how friendly an adjuster or other insurance company
employee may appear to be, their goal is the opposite of your goal. An
experienced and knowledgeable personal injury attorney can provide you with
advice to protect your rights and with information concerning your options
regarding your claim. A lawyer can help you determine what is a fair amount of
compensation for your injuries or property damages. Fairness depends on
numerous factors including the type and seriousness of your injuries, whether or
not you were partly at fault, and many other factors. An experienced trial attorney
can and should tell you what you could reasonably expect to recover from a jury.
Although no attorney should make promises to you concerning the outcome of a
jury trial, a lawyer who is experienced in trying jury cases in your area can give you
a reasonable estimate of the range in which most jury verdicts are likely to fall. At
McDonald & Gustafson all of our attorneys have experience trying cases in this
area. Periodically all the attorneys at our firm meet to assess every claim which is
being handled within the firm. Our clients have the collective experience of all of us
in assessing each and every claim.
How much is my claim worth?
At the onset of a claim there is no way to accurately predict the eventual value
because every claim is specific to its own facts. There are many factors that go into
evaluating every claim. The only resonable means to assess the value of any claim
is to determine the amount a jury would probably award if the claim does not settle
and has to go to a jury trial. You should ask your potential attorney specifically
what experience that attorney has in your county and surrounding counties in
trying personal injury cases. Many attorneys who have little or no experience in
the area attempt to handle personal injury claims. In addition, many attorneys are
not willing to go to trial. If they get a claim they are unable to settle, they often
abandon your claim and leave their former clients to find a new attorney. Or worse
yet, they may recommed you settle for an amount less than your claim is actually
worth. It is important that whatever attorney you hire has the knowledge and
experience to evlauate your claim and that your attorney has a reputation of being
willing to go to trial if the insurance company is unreasonsable and will not offer
you a fair settlement for your claim.
After being hired, your attorney will conduct a comprehensive investigation of the
facts surrounding your individual claim. Once the investigation is complete, your
attorney will evaluate all the facts and be able to make a recommendation to you on
a reasonable value of your claim. The insurance company will also conduct an
investigation and determine what it believes to be a reasonable value of your claim.
At that point, your attorney will negotiate with the insurance company with the
goal of reaching a settlement agreeable to both sides. If a settlement cannot be
reached, ultimately a jury may be asked at a trial to determine the reasonable value
of your claim.
How long does the process take to settle a claim?
It is impossible to know at the outset how long a claim will take to be resolved. If
the injuries are minor, the injured person heals quickly, and the insurance company
is willing to be reasonable, some claims are resolved in a matter of a few months.
At the opposite extreme, some claims may take years to resolve. At McDonald &
Gustafson we try to move claims along expeditiously; however, the length of time
it takes for your injuries to heal is a major factor in how long the process will take.
For your protection, it is necessary to wait until your treating doctor is able to
fully assess your injuries, including whether or not you will have future problems
from your injuries, before our investigation can be complete and a reasonable value
of your claim can be determined. It is important when selecting a lawyer that you
choose one who has a reputation for keeping clients involved throughout the claim.
You also should have an attorney who is available locally and is willing to meet
with you at no cost. That way you will have more comfort knowing where your
claim is in the process and that you will not have to travel to a distant city in order
to visit in person with your lawyer.
If someone else is more at fault for your injury than you are, you may make a claim
against that person or business and their insurance company, if any. An
experienced personal injury attorney can benefit you and your family. Because
every claim is different, it is wise to speak with a lawyer as soon as possible after
suffering an injury. You should look for an attorney who offers a free initial
consultation. At McDonald & Gustafson, you will not be charged anything to
meet with one of our attorneys to discuss your claim.
What should you do if you are involved in a traffic accident?
If you are involved in an accident you should do five things:
1) You should stop, identify yourself, and render assistance if possible. By law
you cannot leave the scene of an accident without identifying yourself and
rendering assistance if possible.
2) If you are able, you should help the injured, but be careful. If you do not know
what you are doing you could potentially do more harm than good. You should
always take caution when moving an injured person. If necessary you should call
an ambulance immediately.
3) You should take precaution to warn passing traffic because this can help
prevent a future collision.
4) Each driver should exchange information so that you are able to contact each
other or your insurance comapnies if necessary.
5) If anyone is injured or if the property damage appeares to be more than a few
hundred dollars, the police should be contacted. If the police are called, they will
investigate the scene and likely take statements from those involved. They may
also be able to track down witnesses if there were any. The police investigation
will be recorded on a Wisconsin Motor Vehicle Accident Report. This report is
used often in personal injury claims because it is made on the day of the incident.
Claims often take months or years to resolve, so this report can be used to help
individuals recall the circumstances of an accident.
After being injured, what should I say to the other person's
insurance company?
Nothing! You should contact a lawyer prior to talking with any representative of
an insurance company. Statements made to a representative of an insurance
company can be taken out of context and used against you later. Although an
insurance adjuster may appear friendly, the goal of that person is to pay you as
little as possible. Insurance adjusters deal with injury claims on a daily basis. On
the other hand, most individuals who are injured have little to no experience or
knowledge in handling a claim. By hiring an experienced personal injury attorney,
an injured person is able to even the playing field. Your lawyer is on your side to
protect your rights. No matter how friendly an insurance adjuster may seem, and
no matter what that adjuster may tell you, his or her ultimate goal is to pay you as
little money as possible on your claim.
What types of claims do you handle at McDonald & Gustafson?
We handle a wide range of personal injuries including motorcycle, auto and truck
accidents, bicycle accidents, pedestrian injuries, animal attacks, head and brain
injuries, spinal cord injuries, and wrongful death claims.
Which insurance policies will cover my costs?
Most automobile and homeowners liability policies contain limited medical
payments coverage for medical expenses incurred after an accident without regard
to fault. Auto policies cover the insured family and vehicle passengers while
homeowners polices typically cover only visitors to the premises. Your health
insurance and disability insurance carriers ususally will pay benefits arising from
accidental injuries. If your claim against another person succeeds, your insurance
provider will probably ask you to repay them the money they have already paid on
your behalf. This is known as subrogation. Your attorney can attempt to negotiate
with your insurance provider to seek a reduction in their subrogation interest.
How much does it cost to hire a personal injury attorney?
Most personal injury attorneys work on a contingent fee basis. That means they
are paid a percentage out of the recovery. At McDonald & Gustafson we offer a
contingent fee arrangement which means you never have to worry about being billed
for our services. Our fee is a percentage paid directly from the recovery we obtain
for you. Some attorneys charge a client a fee up front to cover expenses or for
some other reason. You should retain an attorney who does not require any
up-front payment. At McDonald & Gustafson we do not ask victims who have
been injured to pay us money at the onset of a claim to cover the costs of collecting
health care records, reports from law enforcement agencies, photographs, or other
expenses incurred to investigate a claim. When choosing to retain a lawyer, make
certain he or she provides you with a written retainer agreement that clearly spells
out the agreement regarding fees and expenses.
How soon after an accident should I consult an attorney?
You should contact an attorney as soon as possible after the accident because you
want to make certain that your rights are protected and that no harm is done to
your claim. Your attorney will be able to give you advice regarding the law,
procedures, and fees.
Why should I consult an attorney before settling a damage claim?
Insurance companies have the goal of paying you the smallest amount possible for
your injuries. Regardless of how friendly an adjuster or other insurance company
employee may appear to be, their goal is the opposite of your goal. An
experienced and knowledgeable personal injury attorney can provide you with
advice to protect your rights and with information concerning your options
regarding your claim. A lawyer can help you determine what is a fair amount of
compensation for your injuries or property damages. Fairness depends on
numerous factors including the type and seriousness of your injuries, whether or
not you were partly at fault, and many other factors. An experienced trial attorney
can and should tell you what you could reasonably expect to recover from a jury.
Although no attorney should make promises to you concerning the outcome of a
jury trial, a lawyer who is experienced in trying jury cases in your area can give you
a reasonable estimate of the range in which most jury verdicts are likely to fall. At
McDonald & Gustafson all of our attorneys have experience trying cases in this
area. Periodically all the attorneys at our firm meet to assess every claim which is
being handled within the firm. Our clients have the collective experience of all of us
in assessing each and every claim.
How much is my claim worth?
At the onset of a claim there is no way to accurately predict the eventual value
because every claim is specific to its own facts. There are many factors that go into
evaluating every claim. The only resonable means to assess the value of any claim
is to determine the amount a jury would probably award if the claim does not settle
and has to go to a jury trial. You should ask your potential attorney specifically
what experience that attorney has in your county and surrounding counties in
trying personal injury cases. Many attorneys who have little or no experience in
the area attempt to handle personal injury claims. In addition, many attorneys are
not willing to go to trial. If they get a claim they are unable to settle, they often
abandon your claim and leave their former clients to find a new attorney. Or worse
yet, they may recommed you settle for an amount less than your claim is actually
worth. It is important that whatever attorney you hire has the knowledge and
experience to evlauate your claim and that your attorney has a reputation of being
willing to go to trial if the insurance company is unreasonsable and will not offer
you a fair settlement for your claim.
After being hired, your attorney will conduct a comprehensive investigation of the
facts surrounding your individual claim. Once the investigation is complete, your
attorney will evaluate all the facts and be able to make a recommendation to you on
a reasonable value of your claim. The insurance company will also conduct an
investigation and determine what it believes to be a reasonable value of your claim.
At that point, your attorney will negotiate with the insurance company with the
goal of reaching a settlement agreeable to both sides. If a settlement cannot be
reached, ultimately a jury may be asked at a trial to determine the reasonable value
of your claim.
How long does the process take to settle a claim?
It is impossible to know at the outset how long a claim will take to be resolved. If
the injuries are minor, the injured person heals quickly, and the insurance company
is willing to be reasonable, some claims are resolved in a matter of a few months.
At the opposite extreme, some claims may take years to resolve. At McDonald &
Gustafson we try to move claims along expeditiously; however, the length of time
it takes for your injuries to heal is a major factor in how long the process will take.
For your protection, it is necessary to wait until your treating doctor is able to
fully assess your injuries, including whether or not you will have future problems
from your injuries, before our investigation can be complete and a reasonable value
of your claim can be determined. It is important when selecting a lawyer that you
choose one who has a reputation for keeping clients involved throughout the claim.
You also should have an attorney who is available locally and is willing to meet
with you at no cost. That way you will have more comfort knowing where your
claim is in the process and that you will not have to travel to a distant city in order
to visit in person with your lawyer.
McDonald & Gustafson, S.C.
200 S. Main Street / Janesville WI 53545
Phone: 608.756.2000 / Fax: 608.756.5254 / Email: lawoffice@mcdonaldgustafson.com
200 S. Main Street / Janesville WI 53545
Phone: 608.756.2000 / Fax: 608.756.5254 / Email: lawoffice@mcdonaldgustafson.com
Expert legal services close to home!