Detailed answer — step-by-step process under Wisconsin law

This section explains the practical, legal steps a person in Wisconsin commonly takes when they disagree with an insurance company’s “final” offer after an injury. This is general information and not legal advice.

1. Read the offer carefully and identify exactly what it resolves

Insurance “final” offer letters often say they resolve all claims related to the accident or injury. Confirm whether the offer is meant to be a full release (all claims) or a limited settlement (medical bills only, for example). If the release is broad, accepting it usually gives up the right to pursue more money later.

2. Preserve evidence and assemble your file

Before responding, gather: medical records and bills, wage loss documentation, repair estimates (if property damage), photos of injuries and accident scene, witness names and contact info, and any prior correspondence with the insurer. Keep a timeline of symptoms, treatments, and missed work.

3. Ask for clarification and a breakdown

Send a short written response asking the insurer to explain how it calculated the figure and precisely what claims the payment would resolve. Request an itemized breakdown and copies of any claim notes or adjuster reports if applicable. Put the request in writing and send it by certified mail or another traceable method.

4. Consider a reasonable counteroffer or demand package

If you disagree with the amount, prepare a demand packet: a clear demand letter, copies of medical records and bills, photos, and a summary of non-economic losses (pain and suffering), if applicable. Include a specific dollar demand and a deadline for response. A well-documented counteroffer often gets the insurer to re-evaluate.

5. Use alternative dispute resolution if available

Many policies or court systems offer mediation or arbitration. Mediation is negotiation with a neutral mediator; arbitration is a more formal binding or non-binding hearing. Agreeing to mediation can lead to a settlement without filing suit. Check your policy and the insurer’s paperwork for mandatory appraisal or arbitration clauses, especially in property claims.

6. File a lawsuit if negotiations fail — watch the deadline

If the insurer refuses a fair settlement, filing a civil lawsuit preserves your rights to pursue a jury verdict or court-ordered resolution. In Wisconsin, the statute of limitations for most personal injury claims is generally three years from the date of injury. See Wis. Stat. § 893.54 for timing rules and exceptions: https://docs.legis.wisconsin.gov/statutes/statutes/893.54. Missing the deadline can bar your claim, so act promptly.

7. Consider an insurer bad-faith or unfair-claims complaint

Wisconsin regulators oversee insurer conduct. If the company engaged in unfair claim practices (unreasonable delays, failure to investigate, or misrepresentations), you can file a complaint with the Wisconsin Office of the Commissioner of Insurance (OCI): https://oci.wi.gov/Pages/Consumers/FileAComplaint.aspx. OCI can investigate and sanction companies, but it does not award damages — a lawsuit is how you seek money damages.

8. Small claims court and other practical options

For smaller disputes, consider small claims court or county circuit court procedures (limits vary). The Wisconsin courts site has instructions on filing civil claims and using mediation services: https://www.wicourts.gov/. Small claims may be faster and less expensive, but the recovery limits and rules differ from full civil litigation.

9. Work with an attorney when appropriate

An attorney can evaluate the offer, value the claim, draft a demand, negotiate with adjusters, and file suit if needed. For many personal injury claims, attorneys work on contingency (they take a percentage if you recover). If medical bills, lost income, or long-term impacts are significant, seek legal advice early so deadlines and evidence preservation are handled correctly.

Common timelines and practical checklist

Typical timeline after you receive a final offer:

• Day 0: Read offer; note deadline on the letter.
• Day 1–7: Request clarification and documentation; assemble your evidence file.
• Day 7–21: Send a counteroffer or demand package with supporting records.
• Day 21–60: Enter mediation or continue negotiations; consider attorney consultation.
• Before statute of limitations: File suit if negotiations fail (do not miss the deadline).

Checklist to send with a counteroffer:

• Demand letter describing injuries and requested amount
• Medical records and itemized bills
• Proof of lost wages (pay stubs, employer statement)
• Photos of injuries/accident scene and damage estimates
• Witness contact information and any police or incident reports
• Any previously paid medical lien or subrogation information

Helpful Hints

• Do not sign a full release until you are sure the payment covers all present and future losses you reasonably expect.
• Keep copies of every communication you send or receive from the insurer.
• Stick to facts in writing; avoid emotional language that could be used against you later.
• Get medical follow-up even if you feel better — gaps in treatment can be used to downplay your injuries.
• If you hire an attorney, let them handle settlement talks — insurers often take offers more seriously coming from counsel.
• Know the statute of limitations (typically three years for personal injury in Wisconsin). If unsure, consult an attorney immediately.
• File a complaint with OCI if you suspect unfair claims handling: https://oci.wi.gov/Pages/Consumers/FileAComplaint.aspx.