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Recent Blog Posts
Avoiding Pedestrian Accidents
Automobile accidents can be deadly when two automobiles are involved. When pedestrians are involved in automobile accidents, their injuries tend to be serious, and more often than not they lead to death.
Recently, a pedestrian was involved in accident caused by the automobile driver. The pedestrian was crossing the street when the automobile driver fatally hit him. Although these accidents are often devastating, they happen too frequently here in Wisconsin. According to the Wisconsin Department of Transportation in 2012, there were over 118,000 automobile accidents and 1,273 accidents involving pedestrians. As a result of those accidents, over 1,200 pedestrians suffered injuries while another 35 pedestrians were killed.
Traumatic Brain Injury
Traumatic brain injury is a major cause of death and disability in the United States, and contributes to almost one third of all injury deaths. According to the CDC, there are over 125 deaths every day in the United States in which traumatic brain injury was a factor, and those who survive a traumatic brain injury may face effects lasting a few days to major disabilities that may last the rest of their lives.
Everyone runs the risk of a traumatic brain injury, especially children and elderly people. Traumatic brain injuries occur in many ways, and if you or a loved one has received a traumatic brain injury, you need a skilled personal injury attorney to pursue fair compensation on your behalf. Some of the ways traumatic brain injury can occur is by falling, in a motorcycle or car accident, through the use of defective products, or being hit by a projectile.
When a Child Is Injured or Dies at Daycare
In July, an almost four-month-old baby named Payton McCoy died after being put down for a nap at his daycare in Milwaukee. The caregiver of the home day care center told the police that she fed Payton a bottle formula around noon, and then swaddled him and laid him down on his back, on a cushion called a Snuggle Me Cushion, on a twin bed. An hour later she found him still swaddled, but with his head against the wall and part of his face over the gap between the mattress and the wall. The woman was not licensed by the state of Wisconsin, and the mother reported that she had previously asked the provider not to use that cushion with Payton.
The daycare provider has been arrested for neglect. The fact is, if such a nightmare situation ever occurs, there is not always recourse for parents against the provider, especially an unlicensed one who may not carry insurance.
Amusement Park Injuries
Wisconsin has many recreational activities to offer residents and visitors, but those same activities present many dangers and result in numerous injuries to many who visit. Numerous accidents occur at amusement parks and waterparks in Wisconsin and throughout the United States and people are injured as a direct result of the negligence of somebody else.
If you or someone you love was injured in a waterpark or an amusement park accident in Wisconsin, an experienced personal injury attorney can help you explore all of your legal options, and recover the largest settlement possible to compensate you for your injuries.
Common Amusement Park Ride Injuries
Just this past summer, there was an incident at Wisconsin Dells Mt. Olympus Theme Park that resulted in a ride being removed from the park. The ride, called "the Catapult", is a bungee cord ride which sends riders up into the air and then bounces them. In June, as a Wisconsin adult and teen were strapped into the ride, the bungee cord snapped, and came crashing down beside them, creating a hole in the ground. The company that owns the park investigated the incident and required the ride be permanently removed from their park. Luckily, no one was injured in that incident.
Equine Immunity Statute: Suing for Injuries Caused by Equine Activities
Activities involving horses in Wisconsin are referred to as equine activities and the Wisconsin legislature has determined that these are inherently risky activities. As such, in many circumstances, if you are injured while riding a horse or at a horseback riding facility, you may not be able to sue anybody.
What Does “Inherently Risky” Mean?
Inherently risky means there is a danger or condition that is an integral part of equine activities including all of the following:
- The propensity of a horse to behave in a way that may result in injury or death to a person on or near it;
- The unpredictable nature of a horse’s reaction to movement and sound;
- A collision with either an animal or object; and
- The potential for a person who is participating in a horse-related activity to act negligently, to fail to control the horse, or to not act within his or her ability.
Wisconsin Immunity Law and Personal Injury Lawsuits
Generally speaking, when you suffer a personal injury because of the negligence or wrongdoing of another person, tort laws in Wisconsin are there to protect you and provide you with a means to recover for your losses. This means that in most circumstances, you will be compensated for the injuries and damages you have suffered by the negligent party, who will be held responsible under the law for negligent behavior.
In some cases, there are impediments to getting justice and recovering your damages in a court of law. One such circumstance is when an immunity law is used as a shield, and it acts to protect the irresponsible behavior of the wrongdoer and shifts the costs of the damages and injuries that were caused by the wrongdoer over to the innocent victim.
What Are Immunity Laws?
What Are Punitive Damages and How Do They Work in Wisconsin Personal Injury Cases?
In personal injury cases, there are several different types of damages you may potentially be able to recover. One type of damages that is not well understood is punitive damages. These are a special kind of damages that are not available in all personal injury cases. They are only for extreme situations.
The Purpose of Punitive Damages
Most legal damages are designed to pay a party back for what they have lost due to the actions of another party. Money is usually the only way our court system has of making people “whole” after an accident. But, punitive damages, as the name suggests, are designed to punish defendants who acted beyond the normal boundaries of acceptable behavior.
Punitive damages are also designed to deter other people and companies from acting badly.
Personal Injury Cases: How Long Do You Have to File?
After an accident or injury, some individuals choose not to file a personal injury case. It may be that, initially, the accident or injury seems inconsequential, or it could be a simple case of not understanding one’s rights to seek compensation. Whatever the reason, it may eventually come to light that the implications are further reaching than initially realized and, in order to ensure proper care and medical treatment, the pursuit of a personal injury lawsuit may become essential. The real question is, can you still file?
Statute of Limitations
A statute of limitations provides would-be defendants in personal injury cases with a time limitation on how long they may be held liable. This statute varies greatly from state to state, ranging anywhere from one to six years. For example, North Dakota offers six years to automobile accident victims while only plaintiffs in Louisiana only have a year to file. Wisconsin’s statute of limitations is three years.
The Concerning and Undisclosed History of Cruise Ship Accidents and Injuries
When most people think about a cruise ships, they imagine exotic locations, excellent food, and lots of rest and relaxation. Of course, this is exactly how it unfolds for most, but for some, the cruise experience is more of a personal injury nightmare than a vacation. It is most disturbing how few passengers are aware of the risk, and how cruise lines have taken every possible precaution to protect themselves from a lawsuit.
Slips, Trips, and Falls Most Frequent Injuries Aboard Cruise Ships
Although there are other types of personal injuries aboard cruise ships — such as the one suffered by a man who recently was awarded $21.5 million after being hit by an automatic door — the most frequently seen are slips, trips, and falls. Though so underreported that statistics are inconclusive, they are caused by everything from slippery surfaces to objects left in walkways to design issues aboard ships.
New Study Indicates Children with ADHD May be at Higher Risk for Injury at Intersections
Because they are still learning the rules of the road, and because their judgement skills are still developing, all children riding bicycles have an elevated risk of injury at intersections. However, a new study suggests that, because they are typically more impulsive and have trouble paying attention, children with ADHD may be at an even higher risk of being involved in an accident. Knowing this, parents may wish to refresh their children on the basics of street safety and, in some cases, continue to monitor them as needed.
About the Study
Published in the December 2015 issue of the Journal of Child Psychology, the study analyzed the response time and decision making abilities of 27 children with ADHD and 36 children without ADHD as they “crossed” a simulated intersection on stationary bicycles. Researchers found that, while all children crossed the street with similar-sized gaps between cars, children with ADHD tended to stall and typically had less time to get across safely. Moreover, children with ADHD seemed to struggle more when it came to readjusting after being exposed to heavier traffic. Rather than wait for wider gaps, they continued to cross when gaps between cars were smaller, which increased their risk of an accident.
Improving Traffic Safety for All Children
Each year, nearly 400,000 children are treated in emergency rooms for bicycle-related injuries. Children also account for approximately 5% to 10% of all road traffic deaths in the United States each year. To help keep them safe, parents should monitor children and regularly discuss the basics of proper bike and traffic safety.
Basic Traffic and Bicycle Safety for Young Children:
- Do not play in or near the road;
