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Milwaukee insurance coverage litigation lawyerWhen someone suffers a personal injury, they may struggle with a variety of financial issues involving the need for medical treatment and the inability to work and earn an income. Insurance companies become involved in many of these cases, and an injury victim will often be covered by an insurance policy held by the person who caused the injury. Unfortunately, many accident victims come to find out that insurance companies can be unreasonable. 

When a person files an injury claim, the negligent party’s insurance company will often offer to pay a certain amount based on the amount of coverage. However, these offers may not fully cover the victim’s expenses or meet their needs. In these cases, a victim may choose to pursue litigation against the insurance company and/or the negligent party.

After a lawsuit is filed, the parties will conduct discovery, during which evidence will be gathered and depositions will be taken. After this process is completed, the attorneys for the victim and the insurance company may be able to agree about the extent and dollar amount of damages. At this point, a settlement can be reached.

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Milwaukee, WI wrongful death claim lawyerIf your loved one has died due to the fault of another person or business, Wisconsin law states that you may be able to recover certain monetary damages through a wrongful death lawsuit. 

Who Can Recover Compensation?

Wisconsin law only allows certain people to bring wrongful death actions, and it also dictates certain parties who must recover any award of damages in wrongful death actions. Those who may bring a wrongful death action include:

  • The personal representative of the deceased person's estate
  • The surviving spouse of the decedent
  • The domestic partner of the decedent 
  • The child of the decedent
  • The parent or guardian of the decedent

If the decedent left behind a spouse, domestic partner, or one or more children under age 18, the court will set aside a part of any award for the care of the deceased person's dependents. The amount will not be more than 50 percent of the total award.

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Milwaukee dog bite lawyerIf you have been bitten by a dog, you are at risk for a number of injuries. First, there is likely some sort of wound, and the degree of severity can range from superficial to severe. You also may be at risk for scarring or permanent disfiguration. Another possible injury that people often overlook with dog bites is the transmission of a disease or infection. 

Wisconsin Dog Bite Laws 

Under Wisconsin law, an owner is typically responsible for injuries caused by their dog. It does not matter if the owner was not on the scene when the attack occurred or if the owner took steps to protect others from the dog. This type of law is called “strict liability.”

It also does not matter if the dog owner believed that the dog was not dangerous or if they did not know of any previous attacks. A dog owner may be held responsible for any injury their dog inflicts on any other person, domestic animal, or property. In addition, if it can be proven that a dog owner was told or knew that the dog previously, without provocation, had bitten a person with sufficient force to break the skin and cause permanent physical scarring or disfigurement, the owner may be held liable for double the amount of damages.

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Milwaukee mass tort attorney injury lawsuitMass tort actions are especially useful in certain types of cases, as they provide an efficient way for personal injury victims to receive the compensation they deserve. Pharmaceutical and medical device claims are often brought forward through a mass tort action. This is because these products, if defective, will likely injure a large number of people. 

What Is a Mass Tort?

While the word “tort” is commonly used in the law, many people without a legal background do not know what it means. A tort is an injurious act that occurs due to the fault of another. Car accidents and slip and fall cases are common torts, as are damages made to land or property. Thus, a mass tort action involves an injurious act or product that affects a large group (or mass) of people.

A court will have to approve a mass tort action in order for it to proceed. In making its decision, it will review the following:

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Milwaukee personal injury mass tort attorneyWhat is a mass tort? A mass tort is a type of action that can be brought when there is one instance of negligence that causes injury to a group of people. Mass tort actions can be brought against defendants in state or federal court. It is not uncommon for these cases to be consolidated into multidistrict litigation.

A judge will determine if a mass tort action can be brought in multidistrict litigation. He or she will look at how many victims are involved, if the victims live near each other, if the injuries complained of are similar, and whether there is a common cause of the injuries, such as a single accident or product.

Typical Types of Mass Tort Actions

Wisconsin law does not limit mass tort actions to certain types of injuries or certain industries to mass tort actions. That said, there are certain claims that often are successful in using a mass tort action:

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Posted on in Personal Injury

Milwaukee streetcar accident injury attorneyMilwaukee recently began operating a streetcar line, known as The Hop. The Hop now runs on a 2.5-mile loop through downtown and the Historic Third Ward. While streetcars provide a valuable form of transportation, they also present specific safety risks, and they can cause serious bodily and property injury.

Unfortunately, the risk of accidents can be higher when a streetcar system first begins operation. Necessary safety precautions may not be implemented, and drivers can be inexperienced. In addition, motorists may not be used to sharing the road with the streetcars. Victims of streetcar accidents may include streetcar passengers, drivers and passengers in a vehicle that collides with a streetcar, and pedestrians and bicyclists traveling near the tracks.

Here are five ways a streetcar accident can occur:

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Milwaukee slip and fall accident injury lawyerSlipping and falling can lead to serious injuries that may require extensive medical treatment. If you have been hurt in a slip and fall accident, there are things you can do to strengthen your case and increase your chances of recovering compensation. 

Demonstrating Liability

One of the main hurdles in a slip and fall case is proving that the business or property owner knew of the condition that caused your fall and did not take the proper steps to correct it. Alternately, you can satisfy this requirement by showing that any reasonable business or property owner would have known about the condition, because it was present for a substantial period of time before you fell.

Following an injury, you should take the following steps:

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Milwaukee, WI streetcar injury attorneyThe United States is in the midst of a streetcar resurgence. In the last five years, at least 10 major U.S. cities, including Milwaukee, have added streetcar lines. While many people are pleased about the additional public transit options and think streetcars benefit the community, some believe that this form of transportation adds additional dangers to city streets. Streetcar accidents are certain to occur, especially when a streetcar line opens in a new city. 

The Streetcar Renaissance  

Milwaukee’s streetcar line, The Hop, will open in November 2018, and the system is currently undergoing testing in parts of the city. The new route is two miles long, and there are plans to expand in the coming years. Unfortunately, accidents involving the streetcars are already being reported.

Milwaukee joins numerous other cities in building streetcar lines such as Atlanta, Charlotte, Cincinnati, Dallas, Kansas City, New Orleans, Salt Lake City, Tucson, and Washington, D.C. One reason for this new trend is that the federal government has made it a priority to fund small-scale transit projects that seek to revitalize urban areas.

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Wisconsin accident attorney, injury liability, Wisconsin personal injury lawyer,Recovering from the damages sustained in a serious car accident can take months or years. Sometimes, you may still have issues long after your case has been settled. What can you do if your injuries are going to still be causing you problems in the future?

The Role of the Statute of Limitations

The reason it is necessary to look into the future and estimate damages is because you only have a set amount of time to bring a personal injury case. In most circumstances, you only have three years from the date of an accident to bring a lawsuit or to settle your claim. Even if you have not fully recovered, you will still need to take action to preserve your rights.

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Wisconsin accident attorney, injury liability, Wisconsin car crash lawyerAutomobile accidents happen every day, and every day, well-meaning individuals make poor decisions that could cost them in their case. An argument between a North Carolina senator and another driver highlights some of the biggest — and the most common—mistakes. Apologizing and Accepting Blame Immediately after the accident, the senator allegedly apologized to the other driver, saying he did not see her as he was pulling out of a parking space. Afterwards, he attempted to retract his apology in an email to the local news company. In it, he expressed that he had only wished to resolve the matter, but that he had always felt as though the other driver had been at fault for the accident. Unfortunately, the damage to his reputation had already been done. Lesson: Don’t focus on “blame” after an accident.  Make sure all parties are physically okay, including yourself. Accepting a Good Faith Arrangement Because he allegedly wanted to resolve the matter quickly and easily, the senator reportedly gave a good faith statement to the other driver, offering to pay for the damages to her vehicle. As a result, the responding officer did not investigate the accident any further. This created a problem for the other driver when, after being denied payment from the senator, she attempted to file a claim against his insurance. The entire incident became a matter of her word against his. Lesson: Do not enter a good faith arrangement with a complete stranger, regardless of the situation. Failing to File a Claim Because they had entered into a good faith arrangement, the other driver agreed not to file a claim with the senator’s insurance. Unfortunately, he never held up his end of the deal, and by the time she went to file the claim, it had been nearly a month since the accident. There was no real evidence, outside of the photos the senator allegedly took, and the police did not investigate blame. The other driver now only had the choice of paying out of pocket to cover the damages, or filing against her own insurance. Thankfully, it does not appear that she suffered any accident-related injuries. Lesson: If you are in an accident, contact both insurance companies immediately, or contact a personal injury attorney to advise you. Injured in an Automobile Accident? Hire a Skilled Personal Injury Attorney You may be entitled to compensation if you or someone you love has been injured in an accident. However, because these cases are often complex, it is crucial that you contact a skilled Milwaukee automobile accident attorney as soon as possible. At Gimbel, Reilly, Guerin & Brown, LLP, we are dedicated to providing aggressive and compassionate representation for accident victims. Contact our offices at 414-271-1440 today to schedule your consultation.

Source:

http://wral.com/senator-citizen-at-odds-after-traffic-accident/15057422/

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