“Frank Pasternak is experienced, knowledgeable, hard-working, active in his church and his community, he's a good man; and, he knows car accidents.”
– Bob Dolan, former client
Frequently Asked Questions
Wisconsin lawyers should provide answers to important questions like these. The following are questions we suggest you ask before hiring any Wisconsin lawyer:
Question: How do I know the firm is good?
Pasternak & Zirgibel are award winning Wisconsin personal injury lawyers. Frank Pasternak and Jeff Zirgibel were both honored as “Super Lawyers” in Milwaukee Magazine as chosen by their peers and through independent research of Law & Politics. Both lawyers were also selected “Rising Stars” putting them in the top 2.5% of the best lawyers under the age of 40. Attorney Pasternak was voted “Best Attorney” in CNI Newspapers “Best of the Burbs” survey, and Attorney Zirgibel is Board Certified as a Civil Trial specialist by the National Board of Trial Advocacy. Pasternak & Zirgibel S.C. is an AV® rated law firm.
Question: Do you focus in an area of law?
Yes, the firm focuses exclusively on personal injury cases. The firm does not "dabble" in other areas of the law. Cases handled typically involve car accidents, dangerous property, hazardous products or medical malpractice, and injuries like disability, fractures, permanent injury, burns, paralysis, surgery, scarring, disfigurement and wrongful death.
Question: Do I need a Wisconsin lawyer for my personal injury case?
Yes, you almost always need a Wisconsin lawyer handling your personal injury case. You will not save money if you do-it-yourself or hire a Wisconsin lawyer with a general practice. If you do-it-yourself, you will likely lose money. "How to handle a personal injury claim" and do-it-yourself lawyering is a mistake insurers want you to make. Insurance adjusters work hard to keep you from hiring a lawyer and will pay you as little as possible. Insurance company adjusters love do-it-yourself personal injury claims because they can mislead you about the law and the damages you may recover. A do-it-yourselfer has no idea how to value a claim. Similarly, Wisconsin lawyers who don't focus on personal injury cases often can't or won't take cases to trial and insurers do not fear such lawyers and pay their clients less, if anything. Further, nearly every Wisconsin personal injury case involves a form of subrogation, lien rights or reimbursement of bills and this puts your rights up against your health insurers, Medicare and/or Medicaid. It is crucial that this is dealt with on your behalf and since insurers don't work for you, you need a Wisconsin lawyer. Insurers like Allstate, American Family Insurance, CNA, Liberty Mutual and Progressive may even send "Do I need a lawyer?" pamphlets or "Customer Service Pledges" because, as shown in an Allstate Claims Manual, those represented by personal injury lawyers settle claims for 2.5-3.5 times more than those who do not have personal injury lawyers.
Question: What do insurance companies and potential defendants want?
Insurers want your premiums but not your claims. Insurers want valid lawsuits against them to never be pursued and so they fill public opinion with mistruths about our legal system. Insurers hope that you will think personal injury lawyers scum and that you are in good hands when their insurance claims adjuster tells you what your claim is worth. They want you to feel guilty for making a legitimate claim, so much so that you tell your Wisconsin lawyer "I'm not the kind of person who files a lawsuit." Insurance companies want all jurors to think the plaintiff (person filing suit) is a sham, dishonest and insincere. They want wrongdoing to go unchecked and hope people really believe that juries award too much money by talking about "lotteries," "jackpot justice" and "the McDonald's case." Insurers want jury verdicts to award far less damages then what is fair, and just in case a jury awards what is fair, they want caps on damages to minimize how much justice you can get.
Question: What type of matters have you handled professionally?
Answer: 100% plaintiffs-side personal injury and wrongful death cases, primarily in Wisconsin, but also in Arkansas, Arizona, California, Colorado, Florida, Georgia, Illinois, Indiana, Iowa, Kentucky, Michigan, Minnesota, Mississippi, Nevada, New Mexico, Oklahoma, Pennsylvania, Tennessee, Texas and Utah.
Question: Do you ever work for insurance companies or defend corporations?
No.
Question: About how many personal injury and wrongful death cases have you handled?
This is difficult to estimate but it is fair to estimate that it is in the thousands.
Question: Is there a fee or charge for my first consultation?
No. Initial conversations and consultations are free with no obligation or cost whatsoever.
Question: How do you charge ?
The firm works on a contingent fee.
Question: What is a contingent fee and what do you charge?
Wisconsin personal injury lawyers typically use a contingent fee under which the firm gets paid if you receive a recovery. The fee charged is a one-third fee unless a matter is highly complex. Wisconsin personal injury lawyers' medical malpractice fees are governed by Wisconsin law.
Question: Are there any other costs or expenses involved with this type of case?
Yes. Typically, the primary expenses associated with a Wisconsin personal injury case are litigation costs, fees for medical reports and records and charges made by experts. The firm pays these expenses up front and these are repaid with your recovery. Some Wisconsin lawyers make you pay costs as such expenses are incurred, but we do not.
Question: Do you use a written fee agreement confirming employment?
Yes.
Question: Have you ever been admonished or cited by a Bar Association or Court for ethics violations?
No.
Question: Have you ever been sued for malpractice or have any malpractice claims, formal or informal, been brought against you?
No.
Question: Have you ever lost your license or been suspended?
No.
Question: Do you receive referrals from other attorneys?
Yes. Numerous Wisconsin lawyers and out of state lawyers refer plaintiffs' personal injury cases to the firm.
Question: Are you licensed in any other state or have you ever been?
No. The firm is admitted to practice in Wisconsin but personal injury lawyers in Wisconsin may practice in other states on a temporary or pro hac vice basis, which is why we have been involved in cases in Arkansas, Arizona, California, Colorado, Florida, Georgia, Illinois, Indiana, Iowa, Kentucky, Michigan, Minnesota, Mississippi, Nevada, New Mexico, Oklahoma, Pennsylvania, Tennessee, Texas and Utah.
Question: Do you refer work to other attorneys in other areas of the law?
Yes. Since the firm's focus is limited, we often refer past, future and potential clients to other attorneys, Wisconsin lawyers who focus in the area of their needs. For example, the firm frequently refers cases to Wisconsin workers compensation lawyers and Wisconsin probate attorneys for wills, estates, & trusts.