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Milwaukee injury attorney
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Gimbel, Reilly, Guerin & Brown, LLP



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Wisconsin truck accident attorney, Wisconsin injury lawyer,Wisconsin wrongful death attorneySince 2009, the number of deaths and injuries related to semi-trucks have increased 17% and 28% , respectively. And, in the last six years, Congress has been left with few alternatives to remedy some of the major contributing factors behind everyday dangers on the highway. The solution was to forge a bill that, on one hand, might improve safety, but — according to safety advocates — will turn around and diminish it again by giving in to some potentially dangerous concessions sought by the trucking industry.

The Big Concern over Truck Safety

While they fulfill a vital role in our economy today, semi-trucks pose a serious danger to other drivers. Large, oversized, and frighteningly powerful, they have the ability to cause chaos in an accident. A large number of drivers that come into contact with them are fatally injured. The majority of those remaining are often seriously injured. Of course, not all accidents are actually caused by the semis —but when they are, victims are often slighted, not just in life, but also in compensation.


Wisconsin accident attorney, accident liability, Wisconsin injury lawyerWhen most people think about a cruise ships, they imagine exotic locations, excellent food, and lots of rest and relaxation. Of course, this is exactly how it unfolds for most, but for some, the cruise experience is more of a personal injury nightmare than a vacation.  It is most disturbing how few passengers are aware of the risk, and how cruise lines have taken every possible precaution to protect themselves from a lawsuit.

Slips, Trips, and Falls Most Frequent Injuries Aboard Cruise Ships

Although there are other types of personal injuries aboard cruise ships — such as the one suffered by a man who recently was awarded $21.5 million after being hit by an automatic door — the most frequently seen are slips, trips, and falls. Though so underreported that statistics are inconclusive, they are caused by everything from slippery surfaces to objects left in walkways to design issues aboard ships.


Wisconsin accident attorney, accident liability, Wisconsin injury lawyerAfter your car has been towed and you have been to the doctor, comes the part of a car accident most people hate the most -  dealing with insurance. While every car accident is different, there are several common mistakes that people make when they have a car accident claim.

Not Doing Your Own Research on Your Car

If your car has been totaled by insurance, you are going to have to figure out the value of your vehicle. Often, the insurance company will do that for you. The mistake many people make is to simply accept the insurance company’s value without doing their own research.


Wisconsin truck accident attorney, Wisconsin injury lawyer,Wisconsin wrongful death attorneySeptember of 2015 brought a new bill for Congress to contemplate regarding trucks on United States highways. Wisconsin Representative Reid Ribble introduced a bill to allow larger, heavier trucks on American roadways, called the Safe, Flexible, and Efficient (SAFE) Trucking Act (the SAFE Act). The SAFE Act is allegedly drafted in a manner that will increase highway productivity and decrease the amount of trucks on the road. The bill was drafted in response to a study conducted by the Department of Transportation earlier this year. That study, titled “Comprehensive Truck Size and Weight Limits Study,” was done under federal law requiring such studies be completed under the Moving Ahead for Progress in the 21st Century Act.

What Does the SAFE Act Provide?

The bill is drafted to allow each state to individually determine whether to allow trucks carrying 91,000 pounds of cargo on their roadways. Under current federal law, 80,000 pounds is the weight limit for truck cargo. Although instinctively it seems as if having larger, heavier trucks on the roads might present an increased danger to drivers, proponents of the study, including Wisconsin Representative Ribble, cite the findings of the study, which asserts that large cargo trucks would be just as safe as they currently are, even if a sixth axle was added. To be sure, the study concludes that a sixth axle not only will help support the weight of the trailer (up to 91,000 pounds), but will also help improve the braking capacity of the truck. Configuring the tractor-trailers with a sixth axle still keeps the trucks in compliance with the Department of Transportation’s federal bridge guidelines. If trucks have the sixth axle added, they will have the same or better stopping distance, even with extra cargo, and better pavement wear.


Posted on in Bicycle Accidents

Wisconsin bike accident attorney, accident liability, Wisconsin injury lawyerUnder Wisconsin law, bicycles are considered vehicles on the roadways, meaning cyclists have an obligation to obey the rules of the road in the same way all vehicles do.  They must also be treated as equal users of the road by other vehicles. Just because they are treated like vehicles, however, does not mean that cyclists are as safe as those riding in vehicles. In fact, bicycles are particularly vulnerable among road vehicles, evidenced by the fact that in 2013, In Wisconsin, one bicyclist was injured or killed every ten hours. There are several measures cyclists can take, however, to reduce the risk of crash, injury, or death.

Bicycle Accidents in Wisconsin by the Numbers

In 2013, there were 958 crashes involved bicyclists in Wisconsin, including 868 injuries and ten deaths. In almost every case where there is a crash between a bicycle and a motor vehicle, the cyclist is injured. Bicycles are not protected in the way other motor vehicles are, but there are several measures cyclists can take to reduce the risk of crash, injury, and death. Most bicycle crashes occur between the hours of 3:00 pm and 7:00 pm, after school and commuting home from work hours. It is very important to be extra-vigilant if cycling during those hours.


Wisconsin accident attorney, accident liability, Wisconsin injury lawyerWhen you have been in an accident that has caused you to suffer either property damage or bodily injury, the last thing you need is for an insurance company to avoid living up to its obligations. Unfortunately, however, there are occasions when insurance companies deny benefits under an insurance policy without having a good reason to do so. When this occurs, you might have a lawsuit for bad faith against the insurance company.

Bad Faith in Wisconsin

To establish a claim against an insurance company for bad faith in Wisconsin, the insured must establish (1) the absence of a reasonable basis for a determination of a denial of benefits; and (2) knowledge or reckless disregard by the insurance company of the lack of a reasonable basis to deny coverage.


Wisconsin accident attorney, injury liability, Wisconsin injury lawyer, Wisconsin tort lawAfter an accident or injury, some individuals choose not to file a personal injury case. It may be that, initially, the accident or injury seems inconsequential, or it could be a simple case of not understanding one’s rights to seek compensation. Whatever the reason, it may eventually come to light that the implications are further reaching than initially realized and, in order to ensure proper care and medical treatment, the pursuit of a personal injury lawsuit may become essential. The real question is, can you still file?

Statute of Limitations

A statute of limitations provides would-be defendants in personal injury cases with a time limitation on how long they may be held liable. This statute varies greatly from state to state, ranging anywhere from one to six years. For example, North Dakota offers six years to automobile accident victims while only plaintiffs in Louisiana only have a year to file. Wisconsin’s statute of limitations is three years.


Wisconsin accident attorney, accident liability, Wisconsin injury lawyerAlthough many Americans have voiced their opinions that there are too many reality shows on the air, the genre remains a solid staple on the airwaves. There is one particular, high-rated reality show which continually tests our societal consciousness as actors portray various scenarios that either evoke public compassion and action or blurred lines of indifference.

One of the most popular segments of this show is when an actor portrays a staged slip and fall accident in either a grocery or big box store. Although the actor is portraying a carefully crafted personal injury and ready to sue the host merchant, the show's host and his crew are privy to the fall and delight in exposing the various reactions. As the charade is exposed, we as the audience are enlightened as a large percentage of unsuspecting bystanders are quick to out the clumsy imposter but in all reality, these types of accidents can be quite serious.

The National Floor Safety Institute (NFSI) provides statistical data on slip and fall accidents, especially for our elderly citizens. Following is a sampling of the data.

Wisconsin personal injury attorney, Wisconis wrongful death lawyer, Wisconsin car crashe lawyerWhen someone we loves dies because of the negligent actions of another, or as a result of the wrongful actions of another, it is difficult to see past our grief and investigate to make sure we have a complete understanding of why the death occurred. It is very important, however, to fight the urge to avoid the stress of the situation, and instead to learn all of the facts and circumstances surrounding the death, to ensure that if there is a culpable party, they are held responsible and will therefore be deterred from acting the same way in the future. You may also be entitled to damages for the responsible party’s actions if you can prove those actions caused or contributed to the death of your loved one. Such a lawsuit is called a wrongful death lawsuit, and it is governed by Wisconsin’s wrongful death statute.

Who Can Bring a Wrongful Death Claim in Wisconsin?

Depending on the cause of death, there are certain parties that may be entitled to bring a claim for wrongful death after the passing of a loved one. The executor or administrator of the estate may bring a wrongful death claim, and so can any person who has the right to the damages that will be recovered if the action prevails. More specifically, if the person who died was a minor, then the parents or guardians are the parties who are entitled to receive any recovery in a lawsuit, and thus are the parties eligible to bring a wrongful death suit.

If the deceased person was married, then any damages recovered in a wrongful death suit go to the spouse, unless there are any minor children. If there are children under the age of 18, the children may receive up to 50 percent of the recovery for support, and the surviving spouse is entitled to the other 50 percent. If there is no spouse and no children, any damages that are recovered in a lawsuit belongs to any heirs of the deceased, such as parents, adult children, siblings, or grandchildren. Any of these parties are therefore entitled to bring a wrongful death lawsuit.

Damages Allowed in a Wrongful Death Claim

Wisconsin injury attorney, Wisconsin accident lawyer, Wisconsin workers injury attorneyThe United States Centers for Disease Control and Prevention (the “CDC”) has finally issued a warning to workers in the coffee processing field, after years of ignoring numerous complaints and reports of unions and workers in that industry. If you work in a facility where you roast, grind, or add flavor to coffee, and work with the chemicals diacetyl and 2,3-pentanedione,(also known as acetyl propionyl), this is very important news.

What Is the Danger?

These two chemicals, diacetyl and 2,3-pentanedione, are formed naturally when unflavored coffee is roasted, and the chemicals are released when the coffee is roasted and ground. These chemicals, often added to microwave popcorn to provide the buttery flavor, have been known to cause serious lung disease to workers in microwave popcorn plants, and the most serious bronchial disease caused by exposure has been nicknamed “popcorn lung”. The CDC has been studying exposure to these chemicals for years, and has determined that it is safe to eat the chemicals in trace amounts. It is inhalation of the chemicals that causes damage to the lungs, which is why the inclusion of diacetyl in e-liquids used in electronic cigarettes is at the center of most diacetyl-related controversy these days. Coffee workers, however, inhale diacetyl in much greater amounts than the general population during the roasting and processing of the coffee, and a recent spate of illnesses and deaths of workers in the coffee industry is the reason for the new CDC warning.

What Are the Health Hazards?

Diacetyl has been linked to a rare lung disease known as bronchiolitis obliterans (“popcorn lung”), and the CDC notice warns that it is often misdiagnosed at the outset, as asthma, chronic bronchitis, pneumonia, or even emphysema. While the symptoms may occur gradually, there can also be a sudden onset of the disease, and the CDC warning instructs doctors to consider chemical exposure to diacetyl and 2,3 pentanedione in patients presenting with bronchial illnesses. There are still no guidelines in place regulating diacetyl or 2,3 pentanedione and their use in our food supply, beverages, and other products like e-liquids. It is added to some products, like microwave popcorn, but is naturally occurring in others, like coffee. The coffee industry employs more than 600,000 people in the processing portion of the field throughout the country, according to figures from the U.S. Bureau of Labor Statistics. That is a significant amount of at-risk people for there not to be any guidelines regarding exposure to dangerous chemicals. Not surprisingly, representatives from the coffee industry have been slow to recognize any dangers posed to their workers from these chemicals. The National Institute of Occupational Safety and Health (NIOSH) and the Occupational Safety and Health Administration (OSHA) have implemented a program where one of the agencies will come in free of charge and assess any potential exposure hazards in coffee processing and roasting facilities. The company requesting the testing is allowed to keep its identity confidential if it agrees to fix any problems discovered by the investigator. The director of the Wisconsin Occupation Health Laboratory said his lab had already analyzed some samples from coffee roasting companies in Wisconsin and throughout the nation, and has found levels exceeding safety recommendations, in one case by as much as 14 times the allowed amount.

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