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Milwaukee premises liability lawyer inadequate security

By Attorney Chris Strohbehn

Someone who is injured because of another person’s negligence may be able to pursue compensation through a personal injury lawsuit. There are various types of damages that a victim can receive compensation for, such as injuries that occurred and property that was damaged in the accident. However, it is important to follow the correct legal procedures in these types of cases. One type of situation in which a person may be able to pursue compensation from a property owner involves injuries that occurred because of inadequate security.

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Wisconsin injury lawyer, Wisconsin accident attorneySocial media can have its benefits – it can help families and friends stay in touch when they live in different parts of the country, and it has even sparked new relationships. Unfortunately, social media also has its drawbacks, particularly for those who are pursuing a personal injury lawsuit. Before you share, tweet, or otherwise post something about your personal life to social media, learn what kinds of posts could impact the amount or success of your case.

Understanding How Personal Injury Lawsuits Work

When a victim brings forth a lawsuit against a negligent party, they are attempting to recover damages caused by the accident they experienced. Medical expenses and lost income are generally a part of this settlement, but they are paid according to the victim’s actual costs. More obscure recovery types – pain and suffering, loss of vitality, and other noneconomic damages – are not as easily calculated. The victim must explain how the injury has affected their life. To reduce their payout amount, the insurance company will often attempt to collect evidence that suggests the victim’s life may not have been as drastically altered as they claim. This is where social media can get victims into serious trouble.

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Wisconsin personal injury attorney, Wisconsin slip and fall lawyerAccording to the National Safety Council, approximately 2.5 million people are treated in emergency departments for slips and falls each year. Some of those falls happen at home, some happen at work, and still others occur at business establishments in premises liability accidents. A new study suggests that practicing yoga on a regular basis could reduce your risk for them all.

The Relationship Between Falls and Balance

As the human body ages, balance begins to fade. As such, those who are older are at greater risk for falls than those who are younger. However, one study concluded that everyone – even young people – experience frequent slips and falls. Conducted on college students, the study counted 1,446 total trips and slips and 82 falls over the course of 16 weeks. And so, the final consensus is that every person, young and old, could benefit from improved balance to help them prevent slips, trips, and falls.

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Wisconsin personal injury attorney, Wisconsin wrongful death lawyer, Wisconsin car accident lawyerby Attorney Christopher Strohbehn

Recently, the Republicans in the State House and Senate have proposed yet another radical change to the landscape of Wisconsin law. This proposal, AB-539/SB-405, risks the benefits of every Wisconsin citizen across the state who pays for insurance. What does “collateral source” mean and why is it important?

If you are injured in an accident by another party, whether it be a person or a business, you are entitled to be compensated for your medical bills that were incurred due to the accident. Now, if you have insurance through your job or have paid out of pocket for health or car insurance, those premiums you have paid require the insurance companies to pay some or all of your medical bills in accordance with your policy agreement. Your insurance companies often have negotiated agreements or other deals with healthcare providers to provide discounts in exchange for their payments (and presumably network approval of their facility). That is a benefit the consumer reaps by fulfilling their personal responsibility in obtaining and maintaining insurance.

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Wisconsin accident attorney, injury liability, Wisconsin car crash lawyerIf you have sustained serious injuries in a car accident, it may take weeks, months, or even years to fully recover. During the course of your recovery, your doctors and physical therapists will likely give you instructions to follow and things to work on at home. Did you know skipping these exercises or failing to follow your doctor’s advice could cost you money on your accident claim? When the Other Side Asks about Your Recovery While many car accident cases are settled long before going to trial, others end up in different parts of the justice system. This happens when an insurance company refuses to offer a reasonable settlement, or when the statute of limitations is close and a lawsuit must be filed to preserve your rights. After a lawsuit is filed, the lawyers for the other side will want to start the discovery process. This includes requesting copies of any of your medical records they do not already have, and requesting you to undergo a deposition. During the deposition, you will be sworn to tell the truth. The lawyer for the other side will ask you questions. One of the areas they will ask about is your recovery. You may be asked about what exercises or stretches you were instructed to do. You may be asked if you did those stretches. Your Responsibility to Mitigate Damages Under the law, you have the right to be compensated for your injuries when they were caused by the negligence of someone else, but you also have a duty to mitigate those damages. This means you have to make the effort to keep things from getting worse than they are. Lawyers for the other side in a personal injury lawsuit may be able to successfully argue that if you failed to listen to your doctor and do your exercises or stretches at home, you failed to mitigate your damages. If a judge or jury believes this argument, then the amount of damages you recover can be reduced. If you or someone you love has been hurt in a car accident, you need to talk with a knowledgeable Milwaukee personal injury lawyer. You only have so much time to bring a claim. Call the law firm of Gimbel, Reilly, Guerin & Brown LLP at 414-271-1440 today to setup your consultation.

Source:

http://civilprocedure.uslegal.com/rules-of-civil-procedure/state-rules-of-civil-procedure/wisconsin-rules-of-civil-procedure/

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.

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Wisconsin personal injury attorney, Wisconis accident lawyer, Wisconsin wrongful death attorneyGetting struck by an automobile is a traumatic experience for most when two automobiles are involved. But when a vehicle strikes a pedestrian, the experience is not only traumatic but also often deadly.

Recently, an individual driving under the influence struck and killed a pedestrian. At approximately 7:15PM on June 18, 2015, the driver sped through a red light and struck a pedestrian who was properly walking within a crosswalk when she was struck by the vehicle.  The pedestrian later died of her injuries at the hospital.

Proving Liability in Pedestrian Accident Cases

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Wisconsin accident attorney, injury liability, Wisconsin injury lawyerOver the last few decades, mediation has become an essential tool in personal injury cases. Litigation can be stressful and time-consuming, and it may lead to expensive attorney’s fees for both parties. In some instances, mediation permits the parties, lawyers and insurance adjusters to reach an agreement without having to file a lawsuit. In most cases, mediation leads to a sensible conclusion for both parties. However, it does not always work, and if it fails early on in your personal injury case, it might be beneficial to try mediation at a later date prior to trial.

Under Wisconsin law, a judge may, in any case, order both parties to participate in a mediation, in an attempt to settle the claims, especially in personal injury cases. Depending on what county in which your personal injury case is filed, or the judge you are in front of, you may be required to participate in mediation prior to setting a trial date. Sometimes, a judge can decide to order mediation in a case, in which case both parties would be required to personally participate.

Basic Overview of Mediation in Personal Injury Cases

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Wisconsin accident attorney, accident liability, Wisconsin injury lawyerThere is nothing worse for a parent than watching his or her child suffer from the pain and healing process of a serious injury, especially one caused negligently by another party. As a parent, if someone negligently caused harm to your child, you can hold that individual responsible and accountable for his or her actions or inaction.

Unfortunately, many children fall victim to the negligent or reckless conduct of others. According to the National Center for Education Statistics, in the fall of 2014, across the United States, an estimated 54 million students were enrolled in private and public elementary and secondary schools. The Centers for Disease Control and Prevention estimates that nine million children under the age of 19 are treated for unintentional injuries at emergency rooms across the country. Likewise, over an estimated 225,000 are hospitalized for unintentional injuries while more than 9,000 children die each year due to unintentional injuries.

If your child suffered personal injuries due to the reckless or negligent conduct of another, you should contact an experienced personal injury attorney who understands how difficult these situations are and who will provide you with the guidance you need through each step of the process.

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Wisconsin accident attorney, injury liability, Wisconsin injury lawyerCommonly, when you hear the term personal injury, you may think of an individual involved in a car accident or someone slipping and falling. However, acts that are intentional, instead of accidental, can lead to personal injury cases as well. For instance, assault and battery are intentional torts that form the basis of lawsuits in civil and criminal courts. Typically, the victim of a battery can sue the offender seeking compensation for any personal injuries the victim sustained as a result of the battery.

Assault and battery are defined differently under tort law than under criminal law. Tort law defines assault as any intentional act that is meant to cause a reasonable apprehension of imminent and harmful or offensive contact, while battery has the same elements as assault, but requires a harmful or offensive contact against another. Under Wisconsin criminal law, assault is punished as an attempted battery and the crime of battery can be aggravated by many different circumstances, vastly increasing the associated punishment.

Breaking Down Assault and Battery in the Personal Injury Context

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