Milwaukee Car Accident Attorneys
Mingo & Yankala, S.C. | (414) 273-7400
If you were injured by another driver in Wisconsin, the insurance company will often admit the crash happened but fight over your injuries — arguing they were pre-existing, exaggerated, or not real. Winning a serious car accident case means defeating those defenses with evidence. Mingo & Yankala, S.C. has recovered $1,375,000, $810,000, and other significant results for injured drivers by doing exactly that. Call (414) 273-7400 for a free consultation.
If you were injured by another driver in Wisconsin, Mingo & Yankala, S.C. represents car accident victims in Milwaukee and statewide. Under Wisconsin’s comparative fault rule (Wis. Stat. § 895.045), you can recover as long as your share of fault is 50% or less, reduced by your percentage. Attorney Mark Mingo is Board Certified in Civil Trial Law, has tried more than 100 cases to verdict, and argued and won DeShaney v. Winnebago County before the U.S. Supreme Court. No fee unless we win. Call (414) 273-7400.
Attorney Mark Mingo has argued before the United States Supreme Court, the U.S. Court of Appeals for the Seventh Circuit, and the Wisconsin Supreme Court — including two cases now taught in American law schools — across more than two dozen appellate proceedings
How Serious Car Accident Cases Are Actually Won
In most serious car accident cases, the crash itself is not really in dispute. The fight is over your injuries — how badly you were hurt, whether the crash caused it, and what it is worth. Insurance companies have a standard set of defenses they raise again and again. Winning means anticipating those defenses and defeating them with evidence. Here is how we do that.
“Your injury was pre-existing.”
This is the most common defense in injury cases. The insurer points to something in your past medical records — arthritis, degeneration, an old injury — and argues the crash did not really cause your condition. The answer is not to hide the prior history; it is to show the difference between before and after.
In one of our cases, a client needed multi-level cervical (neck) surgery after a high-speed rear-end collision, and then a second surgery when the first did not resolve the problem. The insurer argued the damage was from pre-existing degenerative disc disease. We defeated that argument by showing the prior changes had been largely without symptoms — the client had not been treating for the condition in the six months before the crash. The case resolved for $1,375,000.
“We need proof of what really happened.”
When the other driver disputes fault, modern vehicles often hold the answer. Most cars contain an Event Data Recorder (EDR) — a “black box” that captures speed, braking, and other data in the moments before a crash.
In an intersection case where our client was turning left, we obtained the Event Data Recorder from the oncoming vehicle and had it analyzed by an engineering expert. The data showed the other driver was speeding and never applied the brakes before impact. Our client suffered a serious hip injury. The insurer argued a hip replacement had already been recommended before the crash — but we established through the client’s primary care doctor that the prior hip condition had actually been improving before our accident. The case resolved for $810,000.
“There were no injuries reported at the scene.”
Some of the most serious injuries are invisible at first. After what looked like a minor rear-end collision, one of our clients began experiencing confusion, and his wife noticed a change in his personality. The insurer argued that no injuries had been reported. We retained a medical expert who specializes in mild traumatic brain injury, and she diagnosed our client with a mild TBI. The case resolved for $300,000. A brain injury does not have to show up on the day of the crash to be real — and “no injuries reported” is not the end of the story.
Our Car Accident Results
- $1,375,000 — high-speed rear-end collision; multi-level cervical fusion and revision surgery; defeated a pre-existing-condition defense.
- $810,000 — intersection collision; Event Data Recorder and engineering analysis proved the other driver was speeding and never braked; defeated a pre-existing-injury defense on causation.
- $300,000 — rear-end collision with no visible injuries; mild traumatic brain injury established through a specialist.
Past results do not guarantee or predict a similar outcome in any future case. Every case depends on its own facts.
Talk to a Lawyer Who Tries These Cases
Attorney Mark Mingo is Board Certified in Civil Trial Law by the National Board of Trial Advocacy (NBTA) and has tried more than 100 personal injury cases to jury verdict in Wisconsin. Insurance companies know which lawyers are prepared to take a case all the way. If you were seriously injured by another driver anywhere in Wisconsin, call Mingo & Yankala, S.C. at (414) 273-7400 for a free consultation. No fee unless we win.
Read about Mark Mingo’s full background and Supreme Court record →
Car accidents happen suddenly and leave lasting consequences. Serious injuries — herniated discs, traumatic brain injuries, fractured bones, spinal damage — can affect your ability to work, care for your family, and live your life as you did before. Wisconsin law entitles you to full compensation for those losses when another driver’s negligence caused your accident.
The challenge is that insurance companies are not on your side. Their adjusters call quickly — often while you are still in the hospital — and make fast settlement offers designed to close your claim before you understand the full extent of your damages. Once you accept and sign a release, your claim is permanently closed.
Mingo & Yankala, S.C. represents car accident victims in Milwaukee and throughout Wisconsin. Attorney Mark Mingo spent years on the defense side representing major insurance companies before choosing to represent only injured people. He knows exactly how adjusters evaluate claims and how to counter their tactics. He also argued and won DeShaney v. Winnebago County, 489 U.S. 189 (1989) before the United States Supreme Court — one of the most significant Fourteenth Amendment decisions in American constitutional law, cited thousands of times by courts nationwide and taught in virtually every law school in the United States. That level of advocacy stands behind every car accident case this firm handles.
No fee unless we win.
Types of Car Accident Cases We Handle
- Rear-end collisions
- Head-on crashes
- Intersection and T-bone accidents
- Drunk and impaired driver accidents
- Distracted driving accidents
- Uninsured and underinsured motorist claims
- Multi-vehicle crashes
- Hit-and-run accidents
- Rideshare accidents (Uber, Lyft)
- Pedestrian accidents caused by negligent drivers
Common Injuries in Wisconsin Car Accidents
- Traumatic brain injuries (TBI) and concussions
- Whiplash and cervical spine injuries
- Herniated and bulging discs
- Broken bones and fractures
- Shoulder and knee injuries
- Internal organ damage
- Spinal cord injuries
- Wrongful death
Were you hit by a commercial truck in Wisconsin? Truck accident cases involve additional complexity — see our Milwaukee truck accident attorneys.
Injured on someone else’s property? See our Milwaukee premises liability attorneys.
See our Wisconsin personal injury case results →
Call (414) 273-7400 for a free consultation. No fee unless we win.
Serving Milwaukee, Waukesha, Racine, Kenosha, Madison, and all of Wisconsin.
Frequently Asked Questions — Car Accident Cases in Wisconsin
The insurance company says my injury was pre-existing. Can I still recover?
Often, yes. Wisconsin law recognizes that an accident can aggravate or worsen a prior condition. The key is showing the difference in your condition before and after the crash — for example, that a prior condition was not causing symptoms or treatment before the accident.
I didn’t feel hurt at the scene. Is it too late?
Not necessarily. Some serious injuries, including traumatic brain injuries and spinal injuries, develop or become apparent over time. It is important to be evaluated and to speak with an attorney, because an insurer’s claim that “no injuries were reported” does not control whether you were actually injured.
What should I do after a car accident in Wisconsin?
Call 911 and remain at the scene. Seek medical attention immediately — disc herniations, concussions, and internal bleeding often present no immediate symptoms. Photograph the vehicles, the accident scene, road conditions, and your injuries. Exchange insurance information with all other drivers and get witness contact information. Do not apologize or admit fault. Do not give a recorded statement to any insurance company — your own or the other driver’s — before consulting an attorney.
How long do I have to file a car accident lawsuit in Wisconsin?
Wisconsin’s statute of limitations for personal injury claims is three years from the date of the accident. Claims against government entities — city or county vehicles, school buses, state employees — may require a written notice of claim within 120 days. Missing this deadline permanently bars your claim. Contact an attorney promptly after any serious accident — evidence disappears and surveillance footage is overwritten quickly.
What is my car accident case worth in Wisconsin?
Case value depends on the nature and severity of your injuries; all past and future medical expenses; lost wages and reduced earning capacity; whether your injuries are permanent; pain and suffering; and available insurance coverage. Wisconsin follows a modified comparative fault rule under Wis. Stat. § 895.045. You can recover damages as long as your share of fault is 50% or less, and your recovery is reduced in proportion to your percentage of fault. If your fault is greater than that of the party you are recovering from, you are barred from recovering against that party. An accurate valuation requires review of your medical records, employment history, and the specific facts of the accident.
What if the driver who hit me was uninsured or underinsured?
Wisconsin requires all automobile insurance policies to include uninsured motorist (UM) and underinsured motorist (UIM) coverage. If the driver who caused your accident had no insurance, or insurance insufficient to cover your damages, you may make a claim under your own policy’s UM/UIM coverage. These claims are not straightforward — your own insurance company is still a business that will attempt to minimize its payout. We handle UM/UIM claims and coverage disputes regularly.
Should I accept the insurance company’s first settlement offer?
No. Early settlement offers are routinely below the true value of a serious injury claim. Adjusters make quick offers before you understand the full extent of your injuries or your long-term treatment needs. Once you accept and sign a release, the claim is permanently closed. You cannot go back for additional compensation if your condition worsens or future surgery is required. Contact Mingo & Yankala, S.C. before accepting any offer from any insurance company.
What if I was partly at fault for the accident?
Wisconsin follows a modified comparative fault rule under Wis. Stat. § 895.045. You can recover damages as long as your share of fault is 50% or less, and your recovery is reduced in proportion to your percentage of fault. If your fault is greater than that of the party you are recovering from, you are barred from recovering against that party. For example, if you are found 20% at fault and your total damages are $200,000, your recovery is reduced by 20% to $160,000.
Why should I hire Mingo & Yankala, S.C. for my car accident case?
Attorney Mark Mingo argued and won DeShaney v. Winnebago County, 489 U.S. 189 (1989) before the United States Supreme Court — one of the most significant Fourteenth Amendment decisions in American constitutional law, cited thousands of times by courts nationwide and taught in virtually every U.S. law school. He has been selected to Wisconsin Super Lawyers for 19 consecutive years, holds an AV Preeminent rating from Martindale-Hubbell, an Avvo rating of 10/10 (Superb), and is Board Certified in Civil Trial Law, National Board of Trial Advocacy (NBTA). He has tried more than 100 personal injury cases to jury verdict in Wisconsin. Before representing injured people, he spent years on the defense side representing major insurance companies — giving him direct knowledge of how insurers evaluate and contest car accident claims. No fee unless we win.
My car is wrecked and I have no way to get to work. Does the insurance company have to pay for a rental or for the value of my car while my injury case is going on?
Your vehicle damage and your injury claim are actually two separate things, and the property damage piece often moves much faster. The at-fault driver’s insurer is generally responsible for repairing your car or paying its value if it is totaled, and frequently for a rental while yours is out of service. You usually do not have to wait for your injury case to resolve to get your car handled. If the insurer is dragging its feet or lowballing the value of your vehicle, that is worth raising with a lawyer — and it is often an early sign of how they will treat the injury claim too.
Who pays my medical bills while my case is still going on? I can’t just not treat, but I can’t afford this either.
This is one of the most common and stressful questions after a crash, and you should not skip treatment because of it. In the meantime, your own health insurance can usually be billed for your care, and Wisconsin auto policies often include medical payments (“MedPay”) coverage that helps regardless of who was at fault. The at-fault driver’s insurer typically does not pay your bills as you go — it pays at the end, as part of the overall settlement or verdict. A lawyer can help coordinate these sources and, in many cases, work to reduce what has to be paid back out of your recovery so more stays with you. Keep treating; getting proper care is both good for your health and important to your claim.
The insurance adjuster asked to be my “friend” on social media, and I’ve been posting about my recovery. Is that a problem?
It can be a real problem. Insurance companies do monitor claimants’ social media, and posts youthink are harmless can be taken out of context to argue you are not as hurt as you say — a photo at a family gathering, a comment that you are “feeling better,” a picture from a trip planned before the crash. It is wise to be very cautious about what you post while a claim is pending, to decline connection requests from anyone connected to the insurer, and to assume that anything you put online could end up in front of an adjuster. When in doubt, do not post about the crash, your activities, or your injuries.
I wasn’t driving — I was a passenger in a car that got into a crash. Can I even make a claim, and against whom?
Yes, passengers frequently have some of the clearest claims, because a passenger is almost never at fault for the crash. Depending on who was responsible, you may have a claim against the driver of the other vehicle, against the driver of the car you were riding in, or sometimes against both. That can feel awkward if you were riding with a friend or family member, but in most cases you are really making a claim against that person’s insurance coverage, not their personal finances. If you were hurt as a passenger, it is worth understanding all the coverage that may be available to you.
I already talked to the other driver’s insurance company before I thought about getting a lawyer. Did I ruin my case?
Probably not — so try not to panic. Many people speak with the other insurer before they know better, and it does not automatically ruin a claim. The important thing is what happens now: it is usually wise to stop giving further statements, avoid signing anything (especially a release or a broad medical-records authorization), and get advice before the next conversation. If you gave a recorded statement, a lawyer can assess whether anything in it actually hurts your case — often it does not. The best time to get advice is now, before anything is signed or settled.
