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Frequently Asked Questions

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General Questions About Our Law Firm

What is mediation?

Mediation is an alternative to resolving an issue without the need for costly litigation. Whether your case involves an automobile accident, family law matter, small claims action, real estate disputes or a landlord/tenant dispute, mediation can often times settle a matter prior to expensive litigation. Typically, a third party, the mediator, assists the parties to negotiate a settlement that all parties can live with. A mediator does not represent any party, rather works with the parties to craft a settlement beneficial to both sides. Attorney David J. Lisko is a trained mediator and can mediate your case.

What will talking to the attorney cost me?

Our consultations are always free! It is important to note, however, we do not give consultations over the phone. Attorney David Lisko is a firm believer in setting aside time for a personal meeting to discuss whatever type of matter you are seeking representation for.

Can I handle a claim on my own or do I need an attorney?

Although, no doubt, most people believe they can handle their own claim, we certainly do not advise it. There are many components to a claim and many times your injuries are not as “minor” as you initially think they are. If you settle with the insurance company before you know the true extent of your injuries, you are truly short changing yourself. An experienced attorney can and will guide you through the healing process.

Why hire an attorney?

There are many reasons to hire an attorney to handle your case.

First, we will handle the legal aspects of your case so that that you can concentrate on putting your life back together after an accident.  Mostly likely, you are now having to deal with doctor visits and therapy appointments. You simply do not have time to gather the information necessary to fight with the insurance company and get what you rightfully deserve.  Second, we are very familiar with obtaining the information required to maximize your claim.

Third, we are well-versed when it comes to dealing with insurance companies and insurance adjusters.  We know what types of questions they will be asking and know how to address those questions.  Dealing with an insurance adjuster can often times be overwhelming and exhausting.  When individuals are unrepresented by an attorney, adjusters often attempt to get away with things that they would not attempt with an attorney.

For example, many times an adjuster will send out a check making it seem as though they are paying for your medical expenses when in reality, you are fully settling your claim for the medical payments coverage allowed under an auto policy.  Lastly, an experienced attorney knows what your claim is worth and will work hard to get what you deserve.  An unrepresented person is not truly aware of the value of their case and often times, settles for far less.

What should I consider when hiring an attorney?

What is the practice area of the attorney you are hiring?  Does the attorney handle family law matters and “dabble” in personal injury or does the attorney handle mostly injury type cases.  If an attorney specializes in an area that is not injury related, he or she may not be the best choice for you.

There are A LOT of attorneys out there.  This means you can and should be choosey.  You should feel at ease and comfortable with your attorney and his or her staff.  Sometimes, you just may not click with an attorney and that is okay.  Hiring an attorney is a big decision and it should be treated as such.  Feel free to ask questions.

What style is the attorney?  Does the attorney file suit quickly or does the attorney try to reach resolution without adding on the extra expenses of litigation?  Sometimes litigation is not the answer, but rather a fair comprise and meeting of the minds is the best solution. Be sure to inquire whether or not an attorney has legal malpractice coverage. 

Personal Injury Case Questions

What should I do after the accident?

First and foremost, you should never leave the scene of an accident.  This is detrimental to any potential claim you may have.  Call the police or ask someone to call the police.

Documenting the accident with an accident report is very important and should not be overlooked.  Try to give a complete, concise, accurate statement to the investigating officer.  Be sure you always obtain a copy as well.  If you are hurt, always seek appropriate medical attention.  It is always a good idea to seek medical attention after you are involved in an accident of any kind.  You are not a doctor, nor are you expected to be.  Allow a healthcare professional to determine what injuries you have as well as what the proper course of treatment should be.

If you have a camera in the car or on your phone and are physically able to, TAKE PICTURES.  Take pictures of both vehicles, the area surrounding the scene of the accident and any visible injuries.  Do not, of course, interfere with the investigating officer.  If you are not able to take pictures immediately, take them as soon as you are able after the accident.  Exchange insurance information with the other driver so that you have accurate information.  Last but not least, check your insurance policy.  Some insurance companies may require that you give them notice of an accident within a certain amount of time and missing that deadline could reduce benefits available to you.

Should I give a statement to the insurance company?

Until you have been full advised of your rights, you should never give a statement to the insurance company.  Things you may say to the adjuster could harm your claim. 

How should I handle telephone calls from insurance adjuster?

The good news is, after you retain an attorney, telephone calls from the adjuster will and must stop.  An adjuster can no longer contact you after you have retained legal counsel.

Should I sign a Release?

You should never sign a Release without fully knowing the value of your claim.  Generally, it can take up to one year or more to even know the full extent of your injuries and often times, your injuries can be permanent.  If that is the case, you would want to be fully compensated for that, not just partially.  An experienced attorney can help you determine what a fair and just settlement amount would be. 

If the insurance company offers to settle, should I settle my claim?

Most insurance companies want you to sign on the dotted line as soon as possible by offering to settle your claim for the medical payments coverage that is available under the policy.  Sometimes, that amount can be $10,000 or can be as low as $1,000.  If you later find that your claim is worth $100,000, you cannot go back and try to get more.  Settlement is a one time deal.  Why sell yourself short?  Do not settle until you are sure it is in your best interest.

My healthcare provider is asking me to sign a letter of protection. What is a “LOP” and what does it do?

A letter of protection is a document that protects the balance due to a healthcare provider.  Chiropractors and pain management clinics are infamous for soliciting these letters.  Often, these letters of protection are blank checks and by the time you are done with treatment, you could find yourself with a balance you did not bargain for.

A letter of protection essentially takes away your ability to dispute the charges or negotiate a lesser amount.  You should always confirm your health insurance coverage and be sure the provider is billing your insurance for these services.  If the provider has over treated you and you end up finding out your claim just isn’t worth what you had hoped for, you are responsible for paying that balance out of your settlement regardless of the amount of settlement.  Attorney David Lisko cautions clients on entering into these sorts of agreements with healthcare providers.

Can I still pursue compensation if I am partially at fault for my injuries?

Yes, under Wisconsin's law of comparative negligence, you are still able to recover for your injuries, even though you are partially at fault. But if your negligence is more than 50%, you cannot recover.

How long do I have to file a claim if I have been injured in an accident?

The injury statute in the State of Wisconsin generally allows three years from the date of the accident to file a lawsuit in the appropriate county of jurisdiction.  This website is not meant to give you specific legal information about your claim. That can only be done with the advice of  a lawyer. Please call us so we can discuss your specific case and your particular circumstance. 

Workers Compensation Questions

Does my employer have worker’s compensation insurance coverage?

Yes, there are of course, exceptions to this rule. Find more information here

Is every employer in the State of Wisconsin required to carry Worker’s Compensation Insurance?

 Yes, there are of course, exceptions to this rule. Find more information here.

What if my employer refuses to pay for necessary medical care?

If your employer’s Worker's Compensation carrier refuses to pay for your medical care, you should immediately contact an attorney to help you. Generally, you have the right to get medical care from a doctor of your own choosing. You should tell the doctor this is a work injury, billable to your employers Worker's Compensation carrier.

What are my options for recovery?

TTD, TPD, PPD and out of pocket – explain no P & S. Worker’s Compensation should pay for medical bills related to your workplace injury.

Temporary Partial Disability.  If you are unable to earn your average weekly wage, you should be reimbursed approximately 2/3 of the difference between your average weekly wage and your lost wages.

Temporary Total Disability.  If you are totally unable to work due to your workplace injury, you should be paid approximately 2/3 of your average weekly wage.

Mileage.  You may recover mileage to and from medical appointments related to your workplace injury.

Permanent Partial Disability.  This is the payment you may recover for the future loss of use of your injured body part. There is a formula that is used to compute the amount set forth in the Worker’s Compensation Statute.

Disfigurement.  If your injury causes a permanent disfigurement that causes a potential loss of wages, you may be eligible for compensation that does not exceed your maximum annual earnings during the year of your injury.

Loss of Earning Capacity.  If you can no longer earn the same amount of money due to limitations from a non-scheduled workplace injury, you may be eligible for payments that off-set your loss of earnings.

Vocational Retraining.  If you are no longer able to do your job due to limitations from a workplace injury, you may be eligible for compensation to be retrained to do a different job.

The insurance company is making me go to an independent medical examination (IME). Do I have to do this?

Yes.  Your employer has a right to have you examined by its physician.

My doctor said I have not reached maximum medical improvement (MMI). What does this mean?

This means you have not reached a healing plateau and he or she is unable to assess a percentage of permanent partial disability.

If I am no longer able to do my job due to the nature of my injuries, what can I do?

You can ask for Vocational Retraining and be trained to do an entirely different job.

How long do I have to file a claim against my employer for injuries sustained while on the job?

An employee has twelve (12) years from the date of injury, OR 12 years from the date an insurance company paid a medical bill or made a workers compensation payment to file a workers compensation claim. Since each situation is unique, you should contact an attorney to help you if you have any questions.

Lemon Law Questions

What vehicles does the Lemon Law protect?

The lemon law covers new and demonstrator cars, trucks and motorcycles that have never been privately titled before you purchased or leased the vehicle. It does not cover used cars. However, if you experience problems with a vehicle that is still covered by the balance of the new car warranty, a lawyer still may be able to help you. Feel free to call us if you have any questions.  

Is my vehicle as a Lemon?

Your vehicle is a Lemon in Wisconsin if:

  • You’ve taken it back to the dealer 4 times for the same problem  that substantially affects use, value or safety during the first year and it still isn’t fixed OR…
  • The vehicle was out of service for a total period of 30 days or more because of any problem that substantially affects use, value or safety. (The 30 days do not have to be all in a row.)

The legislature recently changed the Lemon Law. Please give us a call at (262) 785-9400 so you will know your rights under Wisconsin’s Lemon Law. The first conference is always free. At The Law Offices of David Lisko, we believe, nobody should have to pay to find out what their rights are.

What can I receive if my car is lemon?

If you purchase the car, you have the right to get either a new vehicle or a refund of the price you paid. The amount of your refund depends on how many carefree miles you drove before your problem appeared.  If you lease a vehicle, you can get a refund of all of your lease payments.  In addition, the judge can order the manufacturer to pay all of your attorney’s fees.

What are my rights under the Lemon Law?

This depends on when you bought the vehicle.

  • If you bought your vehicle on or after March 1st, 2014, you must give the dealer written notice that your vehicle qualifies as a Lemon. Then, within 30 days, the dealer must give you your money back plus all your “collateral” costs or give you a new comparable vehicle. You get to pick. If your case goes to court, the manufacturer is responsible to pay your reasonable attorney fees and costs.
  • If you bought your vehicle before March 1st, 2014, you must give the dealer written notice that your car qualifies as a Lemon. Then, within 30 days, the dealer must give you your money back plus all your “collateral” costs or give you a new comparable vehicle. You get to pick. If the manufacturer refuses, they must double your refund. If your case goes to court, the manufacturer is responsible to pay your reasonable attorney fees and costs.

I think my vehicle is a Lemon. What’s next?

  • Step 1) Take your vehicle back to the dealer to try to get it repaired. Phone calls don’t count. You must actually take it to the dealer and give them an opportunity to repair your problem. Make sure the dealer writes your problem down on a service order. If you notice your problem is not on your service order, tell the service writer that you want him to put your problem on the service order. Try to document your problem while it is happening, by taking pictures or videos with your cell phone. Show these pictures or videos to your service writer. It does not matter if the dealer cannot duplicate your problem. What matters is that you have given the dealer a chance to fix your problem.
  • Step 2) Collect all your repair orders and dig out your sales contract and financing information.
  • Step 3) Call us at (262) 785-9400 for a free consultation so we can talk about your specific situation. The first conference is always free. At The Law Offices of David Lisko, we believe, nobody should have to pay to find out what their rights are.

Mediation Questions

What is mediation?

Mediation is an alternative to resolving an issue without the need for costly litigation. Whether your case involves an automobile accident, family law matter, small claims action, real estate dispute or a landlord/tenant dispute, mediation can often times settle a matter prior to expensive litigation.

Typically, a third party, the mediator, assists the parties to negotiate a settlement that all parties can live with. A mediator does not represent any party. Instead, they work with the parties to craft a settlement beneficial to both sides. Attorney David J. Lisko is a trained mediator who can mediate your case.

How much does mediation cost and who pays for it?

Each side shares equally in the cost of the mediator. Mediation is billed at an hourly rate. Attorney Lisko’s current cost for mediation is $250/hour. Mediation can usually be resolved in 1-3 sessions, each lasting about 2 hours.

What kinds of problems can I solve through mediation?

If you have a case in court or are considering going to court, your case should be mediated. Mediation works with all kinds of cases, and can be used to resolve personal injury cases, property dispute cases, consumer cases, estate litigation and business disputes.

Why should I try mediation?

Mediation is often the best option for solving the thorniest problems in your case. This is because both sides get to participate in solving the problem. When you turn the matter over to a judge or jury, someone who doesn’t know you and and may not really understand everything about your problem makes the decision for you. You lose all control.

In mediation, you keep control while at the same time being truly heard. Often times in cases like divorce, a mediated settlement is stronger and longer lasting than a judgment in court. This is because there is no loser in mediation. Both sides have worked together to resolve a very difficult problem, so both sides are willing to accept the outcome. In a court’s decision, on the other hand, the “loser” takes it out on the “winner” by making the process as difficult as possible. This makes hearts harder and if children are involved, they suffer. The same thing applies in all different kinds of disputes. Mediation allows people to put bad experiences behind them and get a fresh start.

I’m thinking about mediation. What’s next?

  • The first step is to call our office at (262) 785-9400 to discuss the kind of case you have.
  • The second step is to contact the other side and suggest that you try mediation with us.
  • If your case is already in court, chances are good that the judge will require you to go to mediation. If both sides agree, the judge can specify who the mediator will be in his pre-trial order.
  • If your case isn’t in court, remind the other side that you’d like to try and save both of you money by giving us a call. A day with a mediator is a lot cheaper than years in court.

Please call us at (262) 785-9400. The first conference is always free. At The Law Offices of David Lisko, we believe, nobody should have to pay to find out what their rights are.