Wisconsin Personal Injury Legal Questions

Liability refers to how the accident occurred; damages refers to what happened to the person as a result of the accident; they are two different items; damages can consist of lost wages, medical expenses, pain and suffering, and any permanent injuries, among others. The statute if limitations in Wisconsin for personal injury is 3  years; failure to file a lawsuit within three years from the date  of the accident, would forever bar the claim. Premises liability cases are particularly tough to pursue and many times, the claims are denied  by the insurance company.... Read More

When did your accident happen? Did you take any photographs to show that the hand railing was missing? Were there any witnesses with you? Do you know whether the owner has insurance? What type of building were you in? (An apartment building or retail office space). If you can show negligence snd given the fact you have a very serious injury, with proper photographs or reliable witnesses, you should be able to make a case. Premises liability cases are difficult to pursue and many times insurance companies routinely deny the claim and make injured parties go through a lawsuit. That is why your evidence needs to be tight right from the get go. I also don't know if tribal law applies or regular civil law, but that should be pretty easy to figure out at the onset of the case. The statute of limitations in Wisconsin under s.893.54 is 3 years to sue, from the date of your accident. Failure to file a lawsuit under civil law within  the three years from the date of your accident would forever bar your claim.... Read More

Based on what you related you may have a potential medical birth trauma case for yourself and your child. You should contact an attorney who specialized in birth injury cases immediately. Medical malpractice laws vary from state to state. In Michigan, for example, an action for medical malpractice exists where a health care provider provides care that is below the standard provided by reasonable and prudent health care providers in the same profession. There are also time limits on pursuing medical malpractice cases known as statutes of limitation. These also vary by state. In Michigan, a parent has two years to file a medical malpractice action, and a minor has until their 10th birthday to file a birth trauma action. However, both these actions require a notice to be filed 183 days prior to commencing suit, so it is best to contact an attorney immediately if you think you might pursue a potential case for malpractice so that you do not run out of time. Based on the information you related, I am unable to determine the statute of limitation in both you and your child’s particular case. An attorney specializing in medical malpractice and birth trauma should be able to advise you of the time limits on pursuing a potential case in the state where your prenatal care, labor and delivery took place. ... Read More

It sounds like you were the victim of malpractice. But there's many a slip twixt cup and lip. Having a cause of action and collecting damages often means quite a bit of time and stamina. There may also be a statute of limitations problem. Or...why did you wait so long?). Retain a lawyer who is experienced in medical malpractice litigation. And I suggest you find him or her right away.. You can check your yellow pages, look online (perhaps at AVVO.com), call your State Bar's lawyer referral service, or ask a friend who has had a good experience being represented by a particular lawyer or law firm.... Read More

There are very few disclosures that are actionable as such. Some statutes prohibit release of medical information without your consent; others govern what lawyers can disclose. Defamation is a 'disfavored' cause of action: people in America want to believe they can say almost anything about almost anyone in a free country, so they don't like defamation claims. I'm not at all sure that revealing that you were previously married a couple of times is defamation, in particular if it is true. (Truth is almost always a defense to defamation.) You might try seeking an anti-harassment injunction, if you can show that the relative has no legitimate reason for making these disclosures, and his purpose is to harass you.... Read More

THe mother can pursue a personal injury claim for your granddaughter based on the theory of negligent supervisiion. It is a difficult case to prove, but not impossible. Assuming this is a public school and not a private or parochial schhol, if a claim against a municipality, a written notice of claim must be personally served on the appropriate governmental body within 120 days of the event, or otherwise, the claim would be forever barred. Since there are some very strict rules and time lines for making the claim, I would highly recommend hiring  a pesonal injury lawyer to make claim for the injury and medical expenses, and that way, the claim will be properly pursued and the timelines followed. The overall statute of limitations is three years to sue for personal injury in WI, but this statute, can shorten the time, if a formal disallowance of the claim is received, shortening the time line to file  a lawsuit to 6 months.... Read More

Assuming that the semi driver was negligent and either equally negligent or more negligent than you, Wisconsin law allows you to make a claim against the trucking company's insurance for your injuries and vehicle damage. You should certainly consult with an experienced personal injury attorney regarding the facts of the accident to determine what might be done to assist you.... Read More

Did the D.A.'s office contact you and ask you to request restitution, and identify the kinds of damages for which you can get restitution? (The risk is that a court already decided the matter-so you might be faced with an affirmative defense that the matter has already been decided.) I think your right to sue your assailant civilly, however, survives the determination of restitution. Some potential difficulties, apart from the 'issue preclusion' I mentioned above: criminals usually don't have enough money to pay much in the way of the damages, or sometimes anything. And you would have to prove your lost profits, and fact the argument that it is your employer, not the wrongdoer, who is causing you to lose the earnings by prohibiting you from driving on that (apparently remunerative) route. You can try small claims. But again, you might not recover enough for you to feel that justice has been done.... Read More

You can make a claim for your son against the school district for the assault and injury. However, since it is a claim against a municipality or other governmental entity, in Wisconsin you must file a written notice of claim by personally serving it in the governmental agency in charge within 120 days from the date of the occurrence or otherwise the claim would be forever barred. There are very strict rules and time line rules to follow to preserve your son's claim so I strongly urge you to hire a personal injury lawyer of your choice as soon as possible to pursue the claim in your son's behalf. I am truly sorry to hear of what happened here to your  child.... Read More

The statute of limitations in WI for an intentional act leading to personal injury is three years from the date of the occurrence. The September 2013 event is beyond the three years, but the March 2016 more recent incident is not. The statute of limitations means you must file a lawsuit within three years from the date of the occurrence, or otherwise, your claim is forever barred.... Read More

Yes, you have a right to sue your landlord in behalf of your child. Whether you could win the lawsuit (your last question), is a different issue. There is also no purpose in suing your landlord unless they have a comprehensive liability insurance policy on the property in question, in my opinion. The statute of limitations for an injury case in WI for a minor child is 2 years beyond the age of majority, not the traditional SOL of 3 years to sue from the date of the occurrence or the claim is otherwise barred.... Read More

I hate telling people to 'grin and bear it,' but that is my suggestion. You might, after you get your vacation pay and any other benefits, write this woman a letter telling her that you have been told what she is saying about you, telling her the true facts, and demanding that she correct them.... Read More

Most insurance policies cover only claims made during the time that the policy is in force. If the accident happened after the insurance lapsed, which seems to be the case, then you are on your own and you would be wise to hire a personal injury lawyer to represent you. The lawyer should be admitted to practice in the state where the accident occurred.... Read More

No one can put a lien on a human being-at least not since slavery was abolished in the US in December 1865. However, if someone wins a judgment against you, and properly dockets it, in most places the judgment becomes a lien (which means a kind of claim against property) against your real estate for a period of years after the docketing in any county in which the judgment is docketed. It can extend to new real estate you acquire during the period when the lien is valid (in Wisconsin it's ten years). In Wisconsin, if you get a discharge in bankruptcy, your lawyer can file an application in state court to have the lien deemed satisfied. (Hiring a skilled lawyer is almost always worth the effort.)... Read More

This is a hard one. For one thing, you do not say how old you are, but the older you are, the more credible you are likely to be. Your choices, it seems to me, are (1) to discuss the situation with your mother and urge her to consult a lawyer, or at least talk to one of the agencies which advocate for battered women; (2) to notify close friends of your mother, or relatives whom you trust, and ask them to speak to your mother about seeking outside help; (3) to notify a clergy member or other trusted person who can talk to your mother; (4) notify the police. I would, in fact, do each of these things, in order. If no. 1 works, you probably do not need to go any further. Similarly if no. 2 works you won't need to go to no. 3, and so on.... Read More

I just wrote a blog today at our law firm's web site about pre/existing injuries. You have a viable case: your pre-existing injury may limit the amount of recovery,  but you certainly have the right to pursue the case and seek monetary compensation for the aggravation of the prior injury.... Read More

To win a medical malpractice case, you must show that the defendant (a) owed you a duty; (b) that he or she breached that duty; and (c) that the violation of his/her duty to you was the direct, proximate, foreseeable cause of your injuries. As you clearly know, the lack of witnesses makes winning the case much much harder, especially since many people may complain of pain or discomfort following a chiropractic manipulation. Check with your state bar association or with friends of family, to identify a chiropractor who is willing to review your case and serve as an expert witness.... Read More