Wisconsin Personal Injury Legal Questions

Not necessarily a lost cause, but the defense that the patient did not look after herself is a frequent one now a days. The statutes of limitation differ from state to state. In Wisconsin it is three years from the negligent act, or from the date when a reasonably prudent person should have discovered that t negligence occurred. Locate a skilled personal injury lawyer. Good Luck... Read Answer

You might have a claim for malpractice, but your damages may not be great enough to justify the expense of a lawsuit. (Please be aware that the docs' insurers fight like hell and do not like to settle, and the doctors themselves even more so.) Consult a personal injury lawyer in your area who has pursued med-mal cases. He or she can give you the best advice. Good Luck... Read Answer

It's obvious that your father has some kind of emotional problems or at least he did some years ago. And these affect everyone else in the household. However, you are talking about events which took place several years ago. There would be big problems with proof, and other legal issues (such as a parent's limited privilege to impose corporal punishment). But most to the point, these problems are not what the law and courts were made for. If it is at all possible, you (and your mother) should try to get the whole family into family counseling. This is quite apart from the Alternatives to Aggression (which may not exist any longer) or other such programs. In other words, to misquote from West Side Story: 'Dis family don't need a cop; it needs a social worker.'... Read Answer

In Wisconsin, and many other places, an employee can be terminated for no reason, or any reason. (Except of course for reasons of race, religion, national origin, sexual orientation, etc.) However, if there exists some kind of contract between the employer and the employee (including a union contract), the the employee can only be discharged in accordance with the contract. An employee handbook which includes 'progressive discipline,' or termination only 'for cause,' will often be deemed a contract as well.... Read Answer

If you can show there was a lack of adequate adult supervision and that the school was aware there was a problem and did nothing to correct it, you arguably might have a case. Your child would also have to sustain some type of legitimate physical injury to have damages sufficient to pursue a case. There are also very strict time lines for making a case against a municipality in Wisconsin, which requires you to serve notice of claim within 120 days of the date of occurrence, or the case would be forever barred.  ... Read Answer

Your question is not quite clear. In general you can sue someone for harm they cause you. You would have to show they owed you some duty of care, they breached that duty, and that the breach was the direct or proximate cause of the injury you suffered. Suing people and winning does not mean you can collect from them, however. I have no idea what you mean about putting a knee on your neck being able to paralyses you. Do you mean that this is the case because of your injury? Of this is the injury itself? I suggest you try to put the key facts into three or four sentences and ask again.... Read Answer

There isn't insurance coverage for an intentional tort, so I really don't understand what is legally going on with your case. You can sue that person in a private lawsuit, but unless they have significant assets or income, your chances of collecting any real money to what happened to you, is not good. Since you have a lawyer, I would contact the attorney to discuss your case and legal options.... Read Answer

The answer to your question is no, it is not a personal injury, but if your employer created a "hostile work environment' or did nothing to correct the behavior of it's employees, you arguably might have a case for employment discrimination and should consult with an experienced employment lawyer who works for employee rights.... Read Answer

If you were injured at work, you may be entitled to Workers Compensation. That has become a bit of a speciality and you'd do well to find a lawyer who is well-versed in that area. You could try to find one online (for example, Avvo.com), or contact the Lawyer Referral Service at the State Bar, or check the yellow pages. As to whether or not the pallettes in their present state are unduly dangerous, a mere lawyer can have no idea without the opinion of an engineer or some other qualified expert. In addition to OSHA, many states have 'safe workplace' statutes and particular state agencies which enforce them. If you truly feel the pallettes are unreasonably dangerous, you could notify both the State and federal authorities. Consider the possible effect on your job though: bosses tend not to favour whistleblowers.... Read Answer

My first question is: with or without the mistaken diagnosis that the cancer was gone, wouldn't he have needed a laryngectomy anyway. In other words, it does not seem that the mistaken conclusion that the cancer was gone served as the direct, proximate, natural, cause of the need for a laryngectomy. However, the bronchitis diagnosis was either mistaken or incomplete. And a failure of diagnosis of cancer can be the basis of a medical malpractice action. Of course, it would take an expert, after reviewing the charts and reports, to say whether the cancer was present at the time of the bronchitis diagnosis, or whether a physician exercised or failed to exercise the appropriate standard of care. I suggest you see a personal injury lawyer with experience in med-mal work, as soon as you can. Statutes of limitation vary from state to state, but they usually require prompt action on the part of the victim. Good Luck.... Read Answer

The most difficult question I see is that of causation. To prevail at a trial (which is part of the calculus of reaching a settlement), you'd have to have an expert witness to testify that (a) prescribing Li was outside the applicable standard of care; and (b) that ingesting Li was the direct, proximate, foreseeable, natural (any combination of these adjectives) cause of your injury. There is more that must be shown. Your doctor's opinion is of interest, but it usually is not enough: you need an expert who has reviewed the literature on the subject. You can find a lawyer who is versed in the rather specialised area of products liability on the web (try Avvo.com), in the yellow pages, from the Lawyer Referral Service at your State Bar. Also most major personal injury law firms handle products liability cases. Since the incident occurred about 19 months ago, I think you should consult such a lawyer as soon as possible, in order to avoid missing any applicable limitations periods.... Read Answer

Your factual situation is sort of confusing. If one of the parties to the accident is making an injury claim, than it is not necessarily unusual that the insurance company would be doing some investigation of how the accident may have happened and/or hire a private investigator to follow the person to see if they were really hurt (surveillance in public places). It does happen, although not routinely.... Read Answer

Assuming your son is a minor, you can change lawyers at any time. If he is over 18, it's his call. Before you do make a change, though, give the current lawyer a chance to get it right. Make an office appointment, sit down in person and discuss your concerns candidly, but without accusations or threats. Ask what the game plan is, and see if it can be straightened out. Then decide if you really need to switch.... Read Answer

If your son is an adult, it's his decision whether to change lawyers. If he is a minor, then you can change lawyers, but it is not necessarily advisable to do so. A lot of times, that is a show of weakness in the case to the other side and it will tend to diminish the value of the case. I would suggest you talk with your lawyer first about your concerns, and if you are still not satisfied, then seek other counsel.... Read Answer

You to discuss your case, more properly her sons case, with him with other attorneys to determine whether or not the advice or predictions are any different than those being provided by the current attorney. He has his right to fire the current attorney but there will be issues regarding fees which are already earned for services already provided.... Read Answer

Generally it is hard to second guess what your attorney is doing or not doing without all facts, The best thing to do is to sit with the lawyer and discuss this . If you cannot then work out your relationship. You should hire an attorney willing to take your case and is competent to handle the case. That means experience in taking such cases to trial, and willing to listen to you.... Read Answer

You can meet with the lawyer and see what qualifications he has to represent your son, you can ask him the pros and cons of the case, how he intends to proceed, what his best guess is re: how it will play out, etc. If you are satisfied he is equipped to handle the claim professionally, then your mind will be at ease. If you are not, you are free to fire him and hire new counsel. If your son is over 18, it is his decision on who he will hire/fire re: his representation. If he is under 18, then you, or another person, need to be appointed his Guardian or Next Friend to act on his behalf. In MI anyone injured in a car crash is usually entitled to No Fault Benefits (lost wages, replacement services and medical bills being covered) with out regard to fault; and to perhaps make a so-called "3rd party pain & suffering" claim against any at fault entities/persons depending on the nature and extent of the injuries, testing and treatment.... Read Answer