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Helpful Articles: Personal Injury

February 7th, 2016

Changes In Wisconsin’s Auto Accident Statute Of Limitations

Effective February 6, 2016, there are some major changes in Wisconsin regarding the Statute of Limitations affecting auto accident claims. The new statute of limitations applies to auto accidents occurring on or after Saturday February 6, 2016. The changes are as follows: Uninsured Motorist Claims (UM); Reduces the statute of limitations for UM claims from…
February 2nd, 2016

Big Time Lawyer Becomes Big Time Loser Against GM

Robert Kleven was minding his own business one day when listening to the news on the radio. He had no knowledge that what he was about to do would sink a high profile plaintiff's lawyer in a major lawsuit against General Motors. As Robert Kleven listened intently, a news report described a long-awaited trial just…
January 18th, 2016

What To Do If You Hit A Deer

Here in Wisconsin, it is not unusual at night to see deer. Further, it is quite frightening if you are driving a vehicle and suddenly from the side of the road, a deer darts out causing you to slam on your brakes or swerve to get out of the way. What happens if you hit…
January 18th, 2016

Personal Injury Money – Divisible or Not under Wisconsin law?

A frequently asked question in divorce cases is whether personal injury money is subject to division at the time of the divorce. The answer is "yes" and "no." Generally speaking, personal injury money is not a gift or an inheritance, so it is not excluded from the presumption that the award should be equally divided.…
January 16th, 2016

The End Of The Collateral Source Rule?

There is pending legislation on the state level in assembly bill AB-559 and senate bill SB/405 to do away with the collateral source rule in the state of Wisconsin, that will significantly affect individuals injured in accidents and impact on their financial recovery. What is the collateral source rule and how will this impact consumers?…
January 6th, 2016

What Is An “IME?”

We sometimes hear our clients ask what is an "IME?"  An "IME" is an "independent medical examination." If you are involved in a personal injury lawsuit and are claiming permanent injury, the defense has a right, at their own expense, to hire a doctor of their choosing, and have the client submit to a medical…
December 8th, 2015

“The Emergency Doctrine”

I had someone ask me the other day what is the "emergency doctrine" and when does it apply?  The emergency doctrine is a rule which precludes a finding of negligence when the person is confronted with an emergency. For the doctrine to apply; (1) the party seeking it's benefits must be free from the negligence…
December 2nd, 2015

Small Impact, Small Injury?

We see a fair number of minor property damage cases in the course of the year, where individuals report being injured in the accident. Insurance companies take the position that you can't possibly be injured in a minor "fender-bender" car accident. They equate minor impact with minor or no injuries. Some insurance companies have become…
November 4th, 2015

Discovering The Discovery Rule

Under Wisconsin law, in a medical malpractice case, per the terms of sec. 893.55 (1m), you must start a lawsuit within three years from the date of the injury or your case is forever barred. There is an exception the filing, however, within the three years, and it is called the "discovery rule." Under sec.…
October 28th, 2015

New Medical Device Measures Pain

Emergency rooms on the east coast have started using a new medical device, which they call "PAIN," or short for Pain Acquiring Instrument Neat-O. The device recently achieved FDA approval. An emergency room nurse who had electrical engineering skills, created the device in an attempt to objectively measure pain. The inventor's name is Ken Waters.…
October 2nd, 2015

Death Before Settlement.

I have had several cases in my office this year, where unfortunately, the individual injured in a serious automobile accident died prior to the case being settled. It raises the question whether the case can still be pursued, after their death? Under common law, a personal action died with the person. Under the common law,…
September 19th, 2015

Subrogation – What Is it?

Clients are many times concerned how their medical and hospital bills will be paid from their accident case. Some medical providers will work with the attorneys and agree not to bill insurance or insist on payment from the patient until the case is settled. Like the attorney has to wait to be paid their fee…
September 11th, 2015

Can You Sue For Intentional Tort?

This week, we are going to go a bit off the beaten path. Ordinarily, the focus is accident cases and persons injured by the negligent acts of another. Negligence assumes there is no malice or intent and it is accidental and not intended by nature to cause harm. However, there are intentional injury cases, where…
August 20th, 2015

Does It Pay To Be A Good Samaritan?

Last weekend, shortly after my wife and I left our cabin up north on a gorgeous August Sunday afternoon, we came across a serious car accident. There were several cars pulled over to the side of the road, with people standing around. An ATV was upside down and there was a person laying down next…
August 12th, 2015

Why Are Premises Liability Cases So Difficult To Pursue?

Our office receives numerous inquiries every day about persons injured as a result of a slip and fall or trip and fall accident case. Most laypersons are under the belief that if you sustain an injury on another person's property, that the landowner is automatically liable. While that may be the law in other jurisdictions,…
August 7th, 2015

What is “nuisance value?”

This is a term used by insurance companies and their lawyers when making an offer on a case for which they think has little or no merit. It usually involves disputed liability cases, such as premises liability cases or any other legal matters where the insurance company denies the claim, and refuses to pay any…
August 4th, 2015

Difficulty in pursuing medical malpractice cases in Wisconsin

Our office receives numerous inquiries day in and day out about persons claiming to have been injured by a physician and wanting to sue for malpractice. Many of the questions individuals post at some of the popular lawyer search web sites, such as lawyers.com and Avvo.com, are individuals seeking a lawyer to handle a medical…
July 28th, 2015

The statute of limitations for medical malpractice cases in Wisconsin

Sec. 893.55 of the Wisconsin Statutes answers the question on when a lawsuit must be commenced in the State of Wisconsin, to protect a person's right to proceed with their medical malpractice case. Section (1m) specifically states as follow: "Except as provided by subs. (2) and (3), an action to recover damages for injury arising…
July 21st, 2015

What questions should I ask my personal injury lawyer?

Businesses spent $1.65 billion dollars last year in marketing/advertising; personal injury lawyers spend millions of dollars marketing their services. You can't turn on the television and not  be inundated with personal injury lawyer ads; add to that, radio, billboards, newspapers, magazines, city buses and direct mail, and personal injury lawyer ads seem to be everywhere.…
June 2nd, 2015

What is Loss of Society and Companionship in Wisconsin?

In Wisconsin, if an individual dies as a result of the negligent conduct of another, their spouse and or immediate family members may be entitled to damages. The obvious purpose for the remedy is to provide relief for family members who must endure the pain and suffering of losing a beloved family member to an…
April 20th, 2015

When do you have to go to court to seek approval of a minor settlement?

This issue comes up whenever a minor child is involved in an accident and a settlement is reached. The starting point in determining whether court approval is required, falls under Wisconsin Statute Sec. 807.10. Subsection (3) states as follows; "If the amount awarded to a minor or individual adjudicated incompetent by judgment or by an…
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Waukesha – N19 W24400 Riverwood Dr Suite 350, Waukesha, WI 53188

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