Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Frank Pasternak
6 Answers | Asked in Bankruptcy, DUI / DWI, Personal Injury and Car Accidents for Wisconsin on
Q: Do I still get the insurance money if my claim is more than the maximum amount

I was the passenger in a car accident, in which the car was totaled. I had a serious neck injury was out of work for 3 months, the driver had no injuries. My lawyer wants me to take the offer of insurance which is his max liability. If I sue and get more than his liability coverage, do I get... View More

Frank Pasternak
Frank Pasternak
answered on Mar 4, 2024

Given that you were a passenger, the likelihood is that you should be able to recover all your damages. Whether your case is a "policy limits" case will be determined by the nature of your neck injury and medical treatment and total amount of your lost wages plus your pain and suffering.... View More

View More Answers

2 Answers | Asked in Car Accidents for Wisconsin on
Q: How much is it possible to get for pain and suffering in a car accident?
Frank Pasternak
Frank Pasternak
answered on Jun 26, 2018

Under Wisconsin personal injury law, a person who's injury was caused by the negligence of another may recover that sum of money that a jury decides will fairly and reasonably compensate them for their past pain, suffering, disability and/or disfigurement. That sum includes damages related to... View More

View More Answers

1 Answer | Asked in Construction Law for Wisconsin on
Q: If I am injured at a construction site that I was walking past while running an errand for my boss, can I get workers'

comp or do I need to sue the company overseeing the construction project?

Frank Pasternak
Frank Pasternak
answered on Jun 26, 2018

I highly recommend that you contact a reputable Wisconsin worker’s compensation attorney. I cannot say for sure but it sounds as though your injury may be covered under Wisconsin worker's compensation laws. I'm happy to provide you a professional referral if you call me at 262-785-0802.

1 Answer | Asked in Personal Injury for Wisconsin on
Q: I invited along a friend on a hunting trip on my property, and he tripped and hurt himself.

Can he sue me for the injury?

Frank Pasternak
Frank Pasternak
answered on Jun 22, 2018

Anyone can sue anyone else for anything. The question I think you want to know is whether you are legally liable. Generally, absent negligence, one is not legally liable to someone simply because an injury took place on property they owned.

1 Answer | Asked in Personal Injury for Wisconsin on
Q: If 1 lawyer charges a client 40% to take their case and takes care of the old lawyers fee which the old lawyer is asking

for a third of the new attorneys fee is that a fair percentage to the client?

Frank Pasternak
Frank Pasternak
answered on Jun 22, 2018

It is quite typical for the current lawyer and former lawyer to work out a fee split arrangement based on the work involved and reasons the client left the first lawyer. Ethics rules general look to whether the total fee charge was reasonable.

1 Answer | Asked in Insurance Bad Faith for Wisconsin on
Q: What can I do about an insurance agent who falsified documents to have me charged with a crime?>

My roommate and I purchased a policy which I paid for. We had a fire at the home. The insurance agent deleted my name from the policy then turned in a report to the DA that I illegally obtained proceeds from the fire. My bank statements and original policy documents proved that to be false. The... View More

Frank Pasternak
Frank Pasternak
answered on Jun 22, 2018

Contact the Wisconsin Office of the Commissioner of Insurance at 1-800-236-8517 and file a complaint. Also, you may wish to call the local police department.

2 Answers | Asked in Personal Injury and Car Accidents for Wisconsin on
Q: What happens if a biker is hit by a car, but the car drives off? Is there any potential legal remedy?
Frank Pasternak
Frank Pasternak
answered on Jun 22, 2018

If the car driver was negligent then there would be a potential legal remedy against that driver. If the driver is unknown, uninsured car insurance policies in Wisconsin have specific requirements for what are called "phantom vehicles." Read your policy carefully immediately or find... View More

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.