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Milwaukee nursing home neglect lawyerBy Attorney Chris Strohbehn

Although nursing homes are designed to provide a high level of care for individuals who need round-the-clock monitoring, about 5 percent of the country’s nursing homes have been flagged for abuse. Nursing Home Compare, a government-run database, has added an icon to its listings of nursing homes that are cited for neglect or abuse, and facilities will remain flagged until they go one full year without an infraction. An injury caused by nursing home negligence can be physically and emotionally draining for both you and your loved one. If you suspect a friend or family member is suffering from nursing home abuse or neglect, working with an experienced personal injury attorney can help you understand your options for pursuing financial compensation from a negligent facility.

Types of Nursing Home Abuse and Neglect

According to Wisconsin law, nursing home abuse is defined as acts that are performed with the intent of causing harm to a nursing home resident. They may include physical abuse, sexual abuse, emotional abuse, or financial exploitation. Any acts which are meant to threaten, intimidate, humiliate, frighten, or harass a resident may be considered abuse. 

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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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Wisconsin personal injury attorney, Wisconsin wrongful death lawyer, Wisconsin nursing home abuse lawyerAccording to statistics, elder abuse occurs in one out of three nursing homes. Often, that abuse is experienced at the hands of staff, but a recent study has also revealed that resident-on-resident abuse occurs frequently as well. One woman, suffocated and strangled to death, is an example of the latter. But just how much ammunition do you or your loved ones have against a nursing home if wrongful death, abuse, or negligence has occurred? The answer to that question may lie in the paperwork.

Roommate Charged with Murder, Nursing Home Never Implicated

Despite alleged documents that stated the deceased’s roommate was a risk to herself and/or others, authorities focused their attention on the resident actually responsible for the 100-year-old woman’s death rather than investigating the facility. Charged with murder and then deemed unfit to stand trial because she suffered from dementia, she was eventually committed to a state hospital. But the nursing home responsible for their care was never implicated, either criminally or otherwise.

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Wisconsin accident attorney, injury liability, Wisconsin personal injury lawyerIn February, a nearly 600-foot tall crane crashed onto the buildings, cars, and pedestrians in downtown Manhattan. One man, a Harvard-trained mathematician, was killed. Three others were injured. What rights do these individuals have under the law? Can they seek compensation? And just how difficult will the process be?

How Frequent Are Construction Site Injuries?

According to the U.S. Department of Transportation Federal Highway Administration, approximately 1.6 percent of all roadway crashes occur within construction work zones. Of those, approximately 0.6 percent were fatal (576 fatalities), 30 percent resulted in injury, and 69 percent caused only property damage. Most occur during active work hours (70 percent).

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Wisconsin personal injury attorney, Wisconsin wrongful death lawyer, Wisconsin truck accident lawyerAfter months of experimentation, Samsung is officially releasing its transparent “safety truck” for safety and efficacy testing in Argentina. Designed to allow drivers to see what is in front of the commercial vehicle, it gives kind of a “see through” effect to help drivers determine if it is safe to pass around. But could this technology really improve safety on the road by reducing the frequency of truck-related accidents?

About the Technology

Revealed to the public in the summer of 2015, and demonstrated at the La Plata racetrack in Buenos Aires February 2016, the technology uses two front-facing cameras that emit a live-feed onto four large panels on the back of the truck to supply one large, constant display of what is in front of the truck. It is designed to be dust-proof and waterproof, and is meant to provide a crisp, clear image in both strong sunlight, and at night.

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Wisconsin personal injury attorney, Wisconsin wrongful death lawyer, injury liabilityHome fires are responsible for more than 90 percent of fire fatalities in this country. According to the U.S. Fire Administration, there were more than 1.3 million house fires in this country in 2011. More than 3,000 people were killed in those fires, and another 17,000 were injured. In addition to the loss of life, these fires caused a total of 1.7 billion dollars in damages.

The most common causes of house fires include:

  • Cooking equipment;
  • Heating equipment;
  • Arson;
  • Electrical wiring or equipment;
  • Smoking materials;
  • Clothes washer or dryer; and
  • Candles.

More than 40 percent of home fires start in the kitchen. Sixteen percent of fire fatalities are a result of kitchen fires. Less than 10 percent of home fires begin in the bedroom, yet these fires result in 25 percent of fire fatalities. Living room fires are responsible for another 25 percent of fire deaths, however, only four percent of home fires begin here.

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Wisconsin personal injury attorney, Wisconsin wrongful death lawyer, Wisconsin car accident lawyerShortly after the announcement of the long road ahead for automated cars and a pledge from the U.S. government into developing the technology to make them better, Volvo has promised to make all of their new cars death and serious injury free by 2020. But can they really do it? Experts believe it is possible. Technology Already Exists The technology is already in place, in fact, newer, high-end luxury cars already have the advanced technological features needed to create a zero death and serious injury car. Adaptive cruise control uses radar and other sensors to detect other cars up ahead. All the driver has to do is set their maximum speed and the car will maintain a safe following distance, sans driver engagement. Auto lane keeping assist uses cameras to detect road edges and line lanes and keep the car in its lane. Collision avoidance works with the help of radar and  sensors that detect obstacles and warn the driver; if the driver does not react, the car can apply automatic brakes to reduce the impact of (or even completely avoid) a crash. Pedestrian detection and large animal detection sensors are also being used to alert and even brake in the event an unexpected person or animal wanders into the car’s path. Decrease in Injuries and Fatalities for Cars with Technology Many of these technologies have improved driver safety. In fact, there are a few models that have not seen a single death from 2009 to 2012. Volvo’s XC90 is on that short list. But the real key, Volvo says, is to perfect the technology already being used and to combine it all into a single car, and to do it in a way that is cost effective so that all of their cars can be equipped with the advanced technology. Of course, automated cars already have all the technology components; they are just still in the testing phase and still need human interaction to ensure they are operating as they should (and human engagement when they fail). Some believe it will take more than just technology, especially when many of the autonomous cars being tested still require a great deal of human engagement. But the promise is there, as is the potential. Waiting for the Future Until these cars are perfected and made available to the general public, accidents can and will still happen. Know how to best protect yourself, drive safely, and if you are involved in an accident, be certain to employ the assistance of a skilled and experienced Milwaukee automobile accident attorney. At Gimbel, Reilly, Guerin & Brown, LLP, we offer more than 40 years of experience, and we provide aggressive representation that ensures your rights and best interest are protected. Ask how we may be able to help you by calling 414-271-1440 and scheduling your consultation.

Source:

http://money.cnn.com/2016/01/20/luxury/volvo-no-death-crash-cars-2020/
Wisconsin accident attorney, injury liability, Wisconsin injury lawyerIt appears that the dangers of distracted driving have fallen on deaf ears. Not only are drivers placing calls, tweeting and exchanging texts but they are now risking an even higher rate of personal injury by adding surfing the internet to the list of distracted driving practices. State Farm Insurance recently revealed the results of a seven-year study that concluded that 29 percent of drivers have admitted to surfing the web while behind the wheel, representing a 13 percent increase since 2009. Additional evidence also revealed that 21 percent of drivers still admit to checking Facebook and Twitter, while one third of drivers polled, openly admit to still texting while driving. Chris Mullen, director of technology research for State Farm, attributes this latest distracted driving trend to the increased prevalence of smartphones. Mullen noted that a healthy 88 percent of the 1,000 survey participants involved were smartphone users. Advanced smart phone technology has opened a Pandora’s Box of wider communication features and increased functionality. These advances have made it much easier to check internet activity rather than just giving in to the urge to send a quick text here and there. The National Highway Traffic Safety Administration (NHTSA, established under the Highway Safety Act of 1970 and dedicated to achieving the highest standard of excellence in motor vehicle and highway safety, reports that although there had been a 0.1 percent decline in highway fatalities during 2014, they now report a 8.1 increase for the same reporting period of 2015. The NHTSA sees this as a troubling departure from the 2014 general downward trend. The NHTSA and other concerned state and federal agencies strongly urge our nation’s drivers to just say no to electronically communicating while driving.  Various states are currently pushing to make it illegal to even hold a smartphone or electronic device while behind the wheel. Unfortunately, drivers have not been able to break these potentially deadly habits and are pushing the limits as they take a wrong turn down a very dangerous road. If you have been involved in a car accident due to the distracted driving habits of another driver, the Milwaukee personal injury attorneys of Gimbel, Reilly, Guerin & Brown, LLP have an experienced team of professionals on hand to assess the damages. Our seasoned legal team has experience working with accident investigators, medical professionals and other personal injury experts to ensure our clients receive just compensation. To discuss your case, contact us for an initial consultation at 414-271-1440 today. Sources: http://kttc.com/story/30700337/2015/12/08/state-farm-report-finds-more-people-surf-the-web-while-they-drive http://nbc15.com/home/headlines/More-people-are-surfing-the-web-behind-the-wheel-360935901.html http://nhtsa.gov/About

http://nhtsa.gov/About+NHTSA/Press+Releases/2015/2014-traffic-deaths-drop-but-2015-trending-higher

Wisconsin accident attorney, injury liability, Wisconsin car crash lawyerEach November, the Department of Transportation releases preliminary information on the state’s automobile accidents and fatalities. Sadly, it appears that there were more injuries and fatalities in 2015 than 2013 and 2014. This was also an increase in alcohol-related injuries and fatalities, which were both higher than the previous four years. General 2015 Accident and Collision Statistics According to preliminary results, there were 111,791 total accidents and collisions in 2015. Of those, 82,191 resulted in property damage and 29,036 resulted in injury. There were also 509 total fatalities. These death and injury rates are higher than both 2014, in which there 451 fatalities and 28,801 injuries, and 2013, in which there were 491 fatalities and 28,474 injuries. Overall fatality rate increased by .11 percent from the previous year (0.89 percent in 2014 compared to 1 percent in 2015). Alcohol-Related Crashes With a total of 5,491 crashes in 2015, drunk driving accidents were significantly higher in 2015 than in the previous four years (4,932 in 2014; 4,954 in 2013; 5,024 in 2012; and 5,297 in 2011). A total of 218 fatalities and 3,171 injuries occurred because of  drunk driving accidents in 2015. These, too, were higher than in previous years (162 fatalities and 2,694 injuries in 2014; 185 fatalities and 2,660 injuries in 2013; 2,907 injuries in 2012, and 2,984 injuries in 2011). However, the fatalities from drunk driving accidents in 2011 and 2012 were higher than in 2015 (225 and 223, respectively). Speed-Related Crashes In all, Wisconsin saw 18,389 speed-related accidents, which caused 7,828 injuries and 167 fatalities. Overall, there were fewer crashes than in the previous two years (20,887 in 2014 and 21,290 in 2013). However, more fatalities were attributed to speed-related crashes in 2015 (163 in 2014 and 156 in 2013). Motorcycle Crashes For motorcyclists, 2015 proved to be a more dangerous than the previous two years, with 2,376 total crashes, 91 fatalities, and 2,161 injuries. These rates are compared to 2,101 accidents, 67 fatalities, and 1,914 injuries in 2014, and 2,150 crashes, 83 fatalities, and 1,927 injuries in 2013. Pedestrian and Bicycle Accidents Pedestrians were involved in more crashes in 2015 than in 2014 (1,244 versus 1,183). They also experienced more injuries (1,244 in 2015 compared to 1,119 in 2014) and fatalities (45 in 2015 compared to 42 in 2014) than in the previous year. Bicycle accidents were also higher for 2015 than the year, with 1,055 accidents in 2015 (compared to 925 in 2014). Fatalities (10 versus 4) and injuries (976 versus 844) were also higher for 2015 when compared to 2014 bicycle accident rates. Involved in an Accident? Seek Representation with a Skilled Accident Attorney There are likely a number of factors have contributed to the overall increase in accidents during 2015, however, regular, everyday, working individuals are still in pain, receiving medical care, missing work, or no longer alive because of these accidents. If you or someone you love happened to be one of them, you may be entitled to compensation. The skilled Milwaukee automobile accident attorneys at Gimbel, Reilly, Guerin & Brown, LLP, can help. Dedicated to serving the needs and best interest of automobile accident victims, they can ensure your rights are protected and will thoroughly investigate your situation to build a strong case. To find out more, call 414-271-1440 and schedule your consultation today.

Source:

http://wisconsindot.gov/Pages/about-wisdot/room/statistics/final.aspx

Wisconsin accident attorney, Wisconsin injury lawyer,Wisconsin wrongful death attorneyExperts believe that the recent spike in motor vehicle accidents and fatalities goes beyond what would be reasonable if it were simply a matter of more drivers on the road; they say smartphones may be largely responsible.

Road Fatalities More than Double the Expected Increase

According to preliminary government statistics, national motor vehicle death rates rose to 16,225 from January 2015 to June 2015. Experts from the National Highway Traffic Safety Administration say this is more than double the increase expected from the variables of falling gas prices and a growing, improving economy. It is also the biggest six-month jump in reported traffic deaths since 1977.

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