WE RESPOND TO YOUR NEEDS 414-271-1440
Recent Blog Posts
Burn Injuries: Recovering from the Carelessness of Others
Burn injuries may be some of the most tragic, painful and horrific injuries a person can suffer. They can result in permanent disfigurement, significant medical expenses, and medical treatment that could potentially last a lifetime. If someone performed an act - or failed to act - in a situation that caused your injuries, and this person failed to act like a reasonably prudent person would in a similar situation, this individual could be held liable under the theory of negligence.
The American Burn Association estimates that, in 2013, over 450,000 people across the United States received medical treatment for injuries related to burns. Additionally, more than 3,400 people died due to fire, burn, and smoke inhalation injuries. Lastly, over 40,000 people were hospitalized due to burn-related injuries. According to the Wisconsin Department of Health and Human Services, in 2005, burn injuries sent over 7,770 citizens to emergency rooms across the state, over 600 citizens were hospitalized for longer-term care, and 61 individuals died as a result of their burn wounds.
Assault and Battery in Personal Injury Cases
Commonly, 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.
Negligent Supervision: Recovering for the Personal Injury Your Child Suffered
There 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.
The Types and Calculation of Damages Available in Personal Injury Lawsuits
When you are involved in an accident that causes you to suffer a personal injury, there are many questions on your mind. Some of these questions may include wondering how much your case is really worth. The law views the value of your case in terms of damages and there are many factors that contribute to them.
You can receive money damages in one of two ways. You can try reaching a settlement with the party responsible for your injuries or their insurance company. If that fails, you can file a lawsuit against the party who caused your injuries and the judge or jury can award money damages to you after trial.
If you or someone you loved suffered a personal injury as a result of the negligent or outrageous behavior of another, you should contact an experienced personal injury attorney who will be able to properly evaluate your case, identify the possible amounts of recovery and provide you with the best course of action to receive the compensation you deserve.
Truck Accidents: When Large Trucks with Brake Failures Collide with Passenger Vehicles
Traffic accidents involving large trucks are unique. The average passenger automobile weighs approximately 3,000 pounds while a large truck weighs upwards of 10,000 pounds. Depending on what the trucks are hauling, they could weigh up to 80,000 pounds. When a large truck collides with passenger vehicles, the results can be catastrophic. In many cases across the United States and Wisconsin, truck accidents involve multiple parties, serious injuries or even death.
According to the National Highway and Traffic Safety Administration (“NHTSA”), in 2013, large trucks were involved in an estimated 342,000 traffic accidents across the United States. Approximately 95,000 people suffered injuries as a result of these accidents, while 3,964 lost their lives. The Wisconsin Department of Transportation indicated that large trucks were involved in approximately 5,882 traffic accidents in Wisconsin. As a result of these accidents, an estimated 1,800 individuals suffered injuries while 71 individuals lost their lives.
Why Mediation in Personal Injury Cases Can Be Beneficial
Over 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.
Contributory Negligence and Its Role in Personal Injury Cases
In any personal injury case, fault is one of the most critical elements that you have to prove. The person at fault, the one whose negligence caused the accident, is the person typically responsible to pay for the damage caused by the accident. In some cases, it is very clear who caused the accident. But in many cases, it might be unclear who is at fault. Under the laws of Wisconsin, if it is unclear who caused the accident, rules of contributory negligence and comparative fault will come into play.
Historically, contributory negligence meant that, if you played even the slightest role in the accident, and suffered an injury, you were not able to recover for your damages. However, Wisconsin adopted the modified comparative fault rule, which means that you can recover for your injuries in an accident to which you contributed, so long as your fault was less than 51 percent.
Boating Accidents and Personal Injury Liability
Summertime is without a doubt the most popular time of year for water sports across the United States. Driving or riding on a boat is fun, and a great way to create lifelong memories with friends and family. Just as driving or riding as a passenger in a motor vehicle, accidents happen. A pleasurable ride on a boat can instantly turn into a painful ride to the hospital.
According to the United States Coast Guard, in 2014, there were 4,064 recreational boating accidents that resulted in 610 deaths and 2,678 injuries. In 2013, the Wisconsin Department of Natural Resources reported that 87 boating accidents occurred, resulting in 66 injuries and 13 deaths. There are many circumstances leading to boating accidents and it is not always clear who is responsible.
Determining Who Is Responsible for Your Child’s Sports-Related Injuries
Across the United States, millions of children and teenagers, from grade school to high school, participate in sports or recreational-related activities. Each year, many of them are treated for injuries sustained while engaged in these activities. Most of the time, these injuries are minor, such as sprains or strains. Sometimes, sports-related injuries can be very serious and may even lead to death.
Every year, approximately 30 million children and teenagers partake in some shape or form of organized sports. According to studies performed by the National SAFE KIDS Campaign and the American Academy of Pediatrics, an estimated 3.5 million suffer injuries related to those activities. Roughly 775,000 children under the age of 14 are treated for sports-related injuries in hospital emergency rooms every year. About 21 percent of traumatic brain injuries among children are the result of sports and recreational activities. Some sports are more dangerous than others, but no matter what sport the child is engaged in, there is a potential chance of injury.
Pedestrian Accidents: When Intersections, People and Automobiles Collide
Getting 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
