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Wisconsin personal injury, Wisconsin accident lawyerWhen you have been injured, and the medical bills and other expenses start to pile up, you may start to wonder just how much your case might be worth. There are many factors, and every personal injury case is unique. However, there are some cases that may bring more in damages than others. The following information can help you decide if you have a valid claim, and what kind of damages you might expect in your case.

Is Your Claim a Valid One?

Cases that are eligible for a personal injury claim must contain some element of negligence. It can be a driver who was texting when they crashed into you, a store owner that failed to clear off their walkway, a pet-owner that let their dog run loose, a doctor that was intoxicated while providing services, or any other form of reckless, careless, or irresponsible behavior that places others at risk for injury. Only an attorney can tell you for certain if your case contains this element of negligence, but most victims have a pretty good idea as to whether it played a part in the accident that caused their injury. At the very least, they may suspect possible negligence was a factor.

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Wisconsin personal injury attorney, Wisconsin accident lawyerEach and every year, hundreds of thousands of people suffer an accidental injury, but not all of these cases are personal injury cases. Some of these incidents are caused by the injured. Others are the victims of unavoidable accidents caused by acts of God or nature. So how do you tell if your injury is the kind that could lead to a personal injury case? The following can help you decide.

Was the Injury Caused by Negligence?

Only certain types of accidents are considered personal injury accidents. For example, those that are caused by acts of nature or not caused by negligence are not covered under personal injury law. Automobile accidents, medical malpractice accidents, dog bites caused by an off-leash dog, slip and fall accidents, and construction accidents are examples of situations that may contain negligence (failure to exercise the same care that a reasonable person would use in the same circumstance).

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Posted on in Personal Injury

Wisconsin personal injury attorney, Wisconis accident lawyer, Wisconsin wrongful death attorneyWisconsin has many recreational activities to offer residents and visitors, but those same activities present many dangers and result in numerous injuries to many who visit. Numerous accidents occur at amusement parks and waterparks in Wisconsin and throughout the United States and people are injured as a direct result of the negligence of somebody else.

If you or someone you love was injured in a waterpark or an amusement park accident in Wisconsin, an experienced personal injury attorney can help you explore all of your legal options, and recover the largest settlement possible to compensate you for your injuries.

Common Amusement Park Ride Injuries

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Wisconsin personal injury attorney, Wisconis accident lawyer, Wisconsin wrongful death attorneyWhen large trucks or tractor-trailers are involved in accidents with passenger automobiles, the results are usually disastrous. The sheer size and weight disparity between these two types of vehicles mean that even minor accidents have the possibility of causing serious injuries and even death. When you add a careless truck driver to the mix, it is certainly a recipe for catastrophe.

In 2013, the Wisconsin Department of Transportation estimates that large trucks were involved in over 7,000 accidents across the state of Wisconsin, resulting in 86 deaths and approximately 1,500 injuries. Unfortunately, trucking accidents are part of sharing the roads and highways with commercial trucking vehicles. In 2012, the National Highway and Traffic Safety Administration estimated that large commercial trucks were involved in over 330,000 accidents that resulted in approximately 3,900 deaths and 104,000 injuries. In any event, the law in Wisconsin, and the majority of the United States, provides that when the negligence of another driver contributes to an accident and causes you to suffer injuries, you are entitled to compensation for those injuries.

Recent Accident Illustrates Devastating Effect of Accidents Involving Passenger Automobiles and Large Trucks

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Wisonsin personal injury attorney, Wisonsin car crash lawyer, Milwaukee car crash attorneyMany people's first experience with the legal system comes by way of a traffic accident. In fact, with over a hundred thousand accidents every year, according to statistics published by the Wisconsin Department of Transportation, everyone is likely to be in multiple traffic accidents over the course of their lives. Some people may wonder about what good traffic laws are if there are still so many accidents, but it turns out that, in addition to preventing accidents, traffic laws are also useful during traffic accident lawsuits. This is because an accident victim must show that the person who injured them was “negligent” in order to recover, and showing that someone violated traffic laws is a good way of showing negligence.

What Negligence Means

Negligence is a legal term with a specific meaning, but that specific meaning closely tracks how the word is usually used. Showing someone was negligent means showing that they were not being as careful as they should have been. In order to prove negligence in court, a victim must demonstrate four things, known as the elements of negligence:
  • First, a victim must show that the person who injured them had a duty to be careful. While there are some scenarios where this is in question, drivers on the road almost always have a duty to each other.
  • Second, the victim must show that the defendant “breached” that duty, meaning that they somehow acted carelessly.
  • Third, the victim must show that the careless act caused something to happen, such as a traffic accident.
  • Fourth, the victim must show that they were injured by whatever the defendant's carelessness caused.

Much of the dispute in court will center on whether the defendant was being careless. This is something of a difficult thing to show because the amount of care a person was taking is not something that can be easily measured. However, the violation of traffic laws can often help with this, thanks to a doctrine known as per se negligence.

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Posted on in Car Accidents

Wisonsin personal injury attorney, Wisonsin car crash lawyer, Milwaukee traffic accident attorneyLawsuits arising out of car accident claims are about assigning fault to the person who caused them, so that they can compensate the victims of the accident that they caused. When most people think of who caused an accident, they assume it must have been one of the drivers, but that is only one of the possibilities. With over 100,000 crashes in Wisconsin every year, there are also other potential causes. For instance, some accidents are the result of poor design or manufacturing on behalf of car makers. Other accidents can be caused by poor design of the roads themselves. Each of these causes requires its own legal theory during the lawsuit.

Negligence

The legal theory of negligence is the most common of the three legal theories. It applies in cases where the accident was caused by the carelessness of one of the drivers. Prevailing in a lawsuit based on negligence requires the plaintiff to prove four things. First, the plaintiff must show that the other driver had a duty to use due care to avoid harming other drivers, which is almost always true. Second, the plaintiff must show that the defendant breached that duty in some way. These breaches are examples of careless driving, such as speeding or driving while distracted. Third, the plaintiff must show that the accident was caused by the defendant's carelessness. Fourth, the plaintiff must demonstrate that the injuries that they are suing for resulted from the accident. If the injured driver can show those four things, then they can likely prevail on a negligence claim.

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