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Do I Need an Attorney?

If you have been seriously injured in an accident, or have had a loved one die as a result of accident-related injuries, the answer is a resounding YES. After you read the following, we believe you will agree.

1. Why do I need an attorney? The claims adjuster already called and said they would be "fair" with me.
2. The claims adjuster told me I shouldn't pay an attorney a portion of my settlement.
3. Okay, I agree it would help to have an experienced personal injury attorney assist me and my family with my claim, but we can't afford an attorney.
4. Why shouldn't I wait and see what the claims adjuster offers and then hire an attorney if I don't like their offer?
5. When should I hire an experienced personal injury attorney?
6. Why shouldn't I hire one of those "big city" lawyers I see advertising on TV, or the ones who send me letters in the mail telling me how good they are?
7. What is an experienced personal injury attorney? Why shouldn't I just hire the attorney who does my taxes or handles my real estate purchase or my brother's divorce, or my friend's traffic ticket?
8. If I hire an attorney to help me and my family with my claim, does that mean I'm going to sue?
9. Will we sue?
10. Tell me about your "Personal Injury Team."

We have found, over the years, that what a claims adjuster may feel is "fair" to his or her insurance company is usually substantially less than what we obtain for our clients. Recently, a large national insurance company that sells a lot of automobile insurance in Wisconsin acknowledged in its training manual for claims adjusters that people represented by attorneys generally settle for two to three times more than people who do not retain an attorney!

We evaluate personal injury and wrongful death claims every day. If we work for you, we assure you that you will receive the full value of your case, including reimbursement and compensation for past and future:

• loss of income
• loss of earning capacity
• hospital, medical, and related expenses
• pain and suffering
• disfigurement or scarring
• loss of range of motion and/or strength
• permanent disability
• inconvenience
• loss of enjoyment of life
• losses experienced by your loved ones as a result of your accident
• mileage and travel expenses, etc.

We evaluate our clients' cases to determine what is "fair" for them and their family. Our evaluations are based upon recent and accurate information we receive on a continuous basis from Wisconsin courts and professional organizations to which we belong that report settlements. We will evaluate your case based upon what Wisconsin juries have indicated as the realistic "fair value" in cases similar to yours.

Since it has long been established that people represented by an attorney generally obtain much larger recoveries for their claims, an example might be the best demonstration of dealing with this issue.

Recently, a client of ours was within a couple years of retiring as a teacher. She was in an accident that involved an injury to one of her knees. As a result, she found it extremely difficult to stand for extended periods of time, which made teaching virtually impossible. The claims adjuster told her that a fair value of her case was $50,000.00 and discouraged her from hiring an attorney by pointing out that she shouldn't have to pay an attorney part of her settlement. Fortunately for her and her family, she called our office. With our help, we were eventually able to settle her claim for $250,000.00!

Numerous other examples come to mind, involving both large and small cases. Recently, a client was offered $1,000.00 to settle a relatively minor injury case. He retained us, and we were able to obtain a $6,000.00 settlement for him. Consequently, even after reduction for attorney fees, our client ended up with $4,000.00 - four times what he had been told was a fair offer by the claims adjuster.

In the recent past, our clients have recovered in excess of $32 million. These involve claims of $5,000.00 to $5,000,000.00. We treat all cases the same and approach all of them with the same thoroughness and enthusiasm.

It is interesting to note that in 1994, the Insurance Research Council, an insurance industry think tank, performed a study of personal injury settlements. It found that settlements averaged $14,718.00 for auto accident victims represented by attorneys, but only $4,123.00 for those without attorneys.

We handle most personal injury and wrongful death cases on a contingent fee-that means if we don't recover anything for you, we don't charge you any fee. The contingent fee is based on your recovery. The more we get for you, the better we get paid. If you prefer, we can also work for you on an hourly basis, but we would then have to bill you monthly for the work that we are doing, and the fee would be payable regardless of the outcome of the case.

After many years of handling personal injury and wrongful death claims for our clients, we have concluded that we are able to obtain much better settlements the sooner we become involved in a case. Some of the reasons for this are:

• We are able to photographically preserve the condition of the accident scene, as well as the vehicles, if we are contacted within the first couple of weeks following an accident. It doesn't take long for an accident scene to change or for the vehicles involved to end up in the scrap yard. Once that evidence is gone, the value of that evidence is lost.
• When an injured person waits to hire an attorney to represent him or her, he or she will usually have signed a medical authorization, which allows the insurance company to look at all of their medical records, whether they are related to the accident or not. This also applies to employment records.
• We have found that an accident witness' memory is much better shortly after an accident than it is months later. Sometimes it is difficult or impossible to find a witness after an extended period of time.
• When there is an extended delay between the accident and our involvement, we frequently find that the statements that have been taken by the insurance company from the injured person or a witness generally are not helpful to the injured party.

As soon as possible after the accident. We are available to meet with you at our office, in your home, or in the hospital. We do not charge for the first visit no matter where it is held. The reason we do this-not charge for the first visit-is because we have learned we are able to obtain much better settlements for our clients the sooner we are requested to become involved. It is also important to keep in mind that if we are contacted after even a short delay, we may be barred from obtaining a full recovery for you because a potentially responsible party may be protected by law from contributing their fair share towards your compensation.

We cannot give an opinion on any particular attorney involved in this type of "ambulance chasing." However, we must caution you about the risk of engaging attorneys who seem to scour accident records to find clients. We have found that living and working in the same area where we are practicing law keeps us accountable to our clients long after their file has been closed. Doesn't it make you wonder why they have to advertise and solicit like that if they are as good as they claim they are? Experienced personal injury attorneys have all been taught and trained at the same seminars. They all have to meet the same licensing requirements of the Wisconsin Supreme Court. A local experienced personal injury attorney meets all those same standards PLUS they have a working relationship with the local courts, your doctors and health care providers, and you will see us involved in our community. We will be here after your accident-related case is completed. Our firm will be here to serve all your future legal needs, not just your current accident-related case.

For the same reason that you wouldn't go to a foot doctor to get new eyeglasses. This is the age of specialization. It prevails in the legal field as well as in the medical field. Lawyers who concentrate their practice in the areas of personal injury and wrongful death deal with those issues daily. Members of our Personal Injury Team also keep up to date by attending numerous seminars focused on personal injury and wrongful death issues, and subscribe to volumes of publications addressing evaluation of these claims.

The National Board of Trial Advocacy has been certifying attorneys as specialists in the area of Civil Trial Advocacy since 1977. A Certified Civil Trial Advocate is an attorney focusing his or her practice in the areas of personal injury and wrongful death. In order to be certified as a Civil Trial Advocate, an experienced personal injury attorney must pass a full day of written testing, meet the required number of jury trials, and also must obtain a recommendation for certification from at least three local judges as well as three other experienced personal injury attorneys. Ken Quincey, the senior member of our Personal Injury Team, is the only Dodge County attorney twice certified by the National Board of Trial Advocacy as a Civil Trial Advocate. He was initially certified in 1994 and recertified in 1999. Out of more than 19,000 attorneys in the State of Wisconsin, the National Board of Trial Advocacy has only certified approximately 125 Wisconsin attorneys as Civil Trial Advocates.

Definitely not. We are able to settle 90-95 percent of all personal injury and wrongful death cases without having to sue. Claims adjusters recognize that when we are ready to submit a claim, it will be done thoroughly, competently, and with expertise consistent with the specialized focus of our Personal Injury Team. They also know that if we are unable to arrive at a fair negotiated settlement, we are prepared, trained, and ready to go to court if necessary.

If we cannot get the settlement that we agree is fair for you, we will recommend to you that you allow us to file a lawsuit. If you still do not want to sue and want us to accept the last offer from the insurance company, we will do as you say. If you want us to sue, we will do so with vigor. We have successfully handled many lawsuits through jury verdicts in the past. We have numerous clients who have been awarded verdicts or arrived at settlements during the course of the lawsuit which involve multi-millions of dollars. We are satisfied that this is the result of hard work and thorough preparation by our specialized and experienced Personal Injury Team.

Our Personal Injury Team consists of full-time attorneys with over 50 years of combined experience focusing their practice on assisting and aiding people who have been seriously injured as a result of an accident (auto, work, home, or farm) or who have lost a loved one as a result of such an accident. The members of our Personal Injury Team are all members of our community and are and have been very active in community and local endeavors. They will continue to be involved in our community and will be here after your case is completed. The members of the Personal Injury Team are:

• Ken Quincey - Ken began the practice of law in 1970 and has been concentrating his practice in the area of personal injury and wrongful death since that time. He has successfully tried numerous personal injury and wrongful death cases. More importantly, he has negotiated many successful settlements on behalf of his clients. He has recovered millions of dollars on behalf of his clients over the years. He has also been very active in numerous community activities over the years (See Attorney Biographies).
• Tom Schuessler - Tom began practicing law in 1983. He has focused his personal injury work in the areas of workers compensation and Social Security disability. He has also successfully handled and negotiated many claims on behalf of the firm's clients. He has also been very active in numerous community activities over the years (See Attorney Biographies).
• Mike Devitt - Mike joined the firm and the Personal Injury Team in 2005, and brings with him substantial litigation-oriented training received while attending Drake University School of Law.
• Legal Assistant Support Staff - Our firm prides itself on having a very capable and experienced support staff. Our Legal Assistants have over 70 total years of experience in serving the legal needs of clients. It is recognized throughout the legal community that our competent support staff is one of the important reasons why our firm has been very successful in handling serious personal injury and wrongful death cases.

We are prepared to serve you and your family. Call us-remember-the sooner you contact us, the better your settlement will ultimately be. Also remember the first appointment is free.

Disclaimer: The information supplied on this web site is general in nature and should not be relied upon to make legal decisions. This website is an advertisement for legal services. The material contained in this website is not intended as legal advice, and does not constitute the creation of an attorney/client relationship. All information regarding law contained in this website pertains to the law in the State of Wisconsin. The laws of other states and nations may be entirely different from what is described here.