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Injured Person's Duty to Mitigate Damages
If 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.
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New Tort Reform Bill Proposed on Collateral Source Payments Hurts Responsible People
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.
Safety Factors in Wisconsin Snowmobile Accidents
Wisconsin has one of the highest national averages for snowfall and accumulation, which makes it a prime location for snow sports and recreational activities, like snowmobiling. Unfortunately, these activities are not without risk, including the potential for a fatal accident. Proper gear, safety knowledge, and proper equipment maintenance can help reduce those risks, but there are still fatalities each year. Information from the Department of Natural Resources (DNR) indicates that alcohol consumption and/or excessive speed are often a factor.
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Changes to Wisconsin’s Sexual Assault Laws Could Be on the Way
Current law defines sexual assault (at minimum) as any intentional, non-consensual sexual touching of intimate parts, directly or through clothing, for the purpose of sexual gratification or victim humiliation. Some lawmakers are looking to make changes to that law that would greatly alter the definition of touching. It would also further restrict who is allowed to give consent in any given situation.
In tandem to those proposed changes, lawmakers in Wisconsin recently introduced a new bill that is designed to provide protections to underage assault victims. Both measures are intended to mostly target college campus and high school sexual assault crimes, but the implications have a much wider net with a penalty that could impose charges, even if no intent exists.
Affirmative Consent, Touching, and the Physically Disabled
How Often Do Wrongful Arrests, Convictions, and Imprisonment Occur?
While most of us would like to believe that wrongful convictions are rare, the real truth is that they are more common than most people realize. Steven Avery, who spent 18 years in jail for a rape he did not commit, and a San Francisco man who spent six years in jail while awaiting trial for a violent mugging that he never did are just two people wronged by our justice system. But they are many. They are also largely unpublicized and undisclosed to the general public.
Study Estimates More than 10,000 Innocent People Are Convicted Each Year
A recent study asked 188 judges, state attorneys general, prosecuting attorneys, public defenders, police chiefs, and sheriffs to estimate the prevalence of wrongful conviction in the United States. Approximately 72 percent of them estimated that less than one percent, but more than zero, received a wrongful conviction.
Understanding the Implications of a Hate Crime
Hate crimes are criminal acts committed because of someone’s race, religion, ethnicity, sexual orientation, gender, gender identity, or disability. Charged and tried according to state statutes, most carry a “penalty enhancement” clause that increases the weight of a penalty. The federal government may also become involved in the investigation or prosecution of a potential hate crime. If you are facing charges for a hate crime, or are at risk for facing such charges, it is important that you understand the possible implications of a potential conviction.
Hate Crime Charges in Wisconsin
According to Wisconsin state law, hate crimes that would have originally resulted in a misdemeanor charge (other than Class A) have an increased penalty of up to one year in a county jail and a maximum fine of $10,000. Hate crimes that would have originally classified as Class A misdemeanors may result in a maximum of two years of imprisonment and an increased fine of $10,000. For hate crimes that would have been classified as a felony, the maximum fine may not be increased by more than $5,000, but the imprisonment term can be increased by as many as five extra years of imprisonment.
FBI Involvement
Although, typically, hate crimes are not considered federal offenses, the federal government can and sometimes will aid in the investigation and prosecution of a hate crime. Covered under the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act, this involvement can include (but is not limited to) investigative activities, law enforcement support to state agencies, and even federal prosecution if the state is unwilling or incapable of moving forward with a hate crime prosecution.
Not All Crimes against Target Groups Are Hate Crimes
A crime against someone within a target group is not necessarily a hate crime because bias does not always play a role. If, however, there is any evidence to suggest that you may have committed a crime because of someone’s race, religion, ethnicity, sexual orientation, gender, gender identity, or disability, it could be added to your charges, regardless of your intent. This, paired with the potential increase of punishment, makes the procurement of qualified legal representation critical for anyone who is facing charges over a crime against a target group.
The skilled Milwaukee criminal defense attorneys of Gimbel, Reilly, Guerin & Brown, LLP, offer more than 40 years of experience to your criminal case. Comprised of a team that has experience on both sides of the law, our attorneys are capable of doing more than just protecting your rights; they know what it takes to build a solid defense for you. Schedule your consultation by calling our offices at 414-271-1440 today.
Study Finds Falls the Number One Cause for Ocular Trauma
A recent study reveals that falls are the number one cause of serious eye injuries. Fighting came in as the number two reason why eye injuries occur. The study results were recently presented at the annual meeting of the American Academy of Ophthalmology (AAO). Statistics show that over the past decade, eye injuries caused by falls were responsible for almost 8,500 hospitalizations.
The study was conducted by researchers from Johns Hopkins University, who analyzed data collected from almost 47,000 patients who had been diagnosed with ocular trauma. The types of ocular trauma included the eye being pierced by some type of object and orbital fractures. The research team looked at the type of injury, cause of the injury, how long the patient remained in the hospital, and what the total cost of that hospital stay was. They also separated patients by age.
House Fires Responsible for Thousands of Fatalities Every Year
Home 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.
Basics of the Criminal Process for a Felony
If you have been charged with a felony in Wisconsin, you will find yourself in the middle of a complex criminal justice system. The better you understand what you are facing the better decisions you can make and the more help you will be to your lawyer
Investigation
Criminal cases start out with some type of investigation. The investigation may be triggered by a 911 call or by non-emergency reports of wrongdoing to law enforcement personnel. Initially, you may not even know you are being investigated. Often, law enforcement personnel will want to question you or search your property as part of their investigation. If law enforcement personnel are interested in speaking with you, it is in your best interest to speak with a lawyer first. Arrest The investigation may take a few hours, or a few weeks or months. Once law enforcement personnel believe they have probable cause that you have committed a crime, you will be arrested. Sometimes after an arrest, law enforcement personnel want to speak with you about your case. You have the right to ask for a lawyer and otherwise should remain silent. Bail Hearing Typically, the first hearing will be a bail hearing. You will be brought before a judge and the judge will set the bail amount. If you make bail and follow the conditions of your release agreement, you can remain out of custody as your case moves forward. Preliminary Hearing In a felony case, you have a right to a preliminary hearing you can waive that right if you choose. At a preliminary hearing, both the prosecutor and the defense lawyers will present part of their case to the judge. The judge must decide if there is probable cause to believe you committed the crime for the case to move forward. Arraignment After a preliminary hearing, you will be arraigned. This means that formal charges are presented and a plea of guilty or not guilty will be entered. If a plea of guilty is entered, a trial date will be set.Pretrial Hearings
Determining Who Is at Fault for a Truck Accident
Truck accidents often cause catastrophic injuries. Just like with other kinds of motor vehicle accidents, human error is often to blame for truck accidents, but understanding all the causes of a truck accident can be complicated. There may be several different people in addition to the driver who are partially responsible for a truck accident.
Understanding the Causes of the Accident
Under Wisconsin law, if you are injured because of someone else’s negligence, you have a right to be compensated for your injuries. Before you will be able to collect any compensation, you will need to prove who was at fault for the accident.
Common causes of truck accidents include:
