Wisconsin Personal Injury Legal Questions

Premises liability cases are difficult to pursue, whether it be a slip and fall or trip and fall case. Most people think that if you fall down at someone else's property, that you automatically have a case: you need to prove negligence, unless it is a safe place violation. You need generally to prove the landowner was at fault for maintaining the property that contributed to your fall; further, you must have evidence such as having taken photographs or witnesses who were with you, to prove negligence. Insurance companies routinely deny these cases, so you need to make sure you consult with an experienced personal injury lawyer to assess whether you have enough of s substantive case for you to pursue. ... Read More

If you are representing yourself, you will want to look @ the Michigan Court Rules relative to any pleadings you file or serve. You need to follow the Rules or your filings can be rejected as improper. As to a Subpoena, you would specifically want to look @ MCR 2.506. If you have counsel, they would handle all this for you.... Read More

No lawyer can responsibly advise you to accept or reject an offer without a much more thorough review of the facts. The question is whether the sum offered seems fair to you based on your son's injuries. It sounds like the injury may be too minor to justify hiring a lawyer. You might try to negotiate the payment upwards a bit. Generally the first offer is not the last. You could sue on behalf of your son, if things reached that point, but they really should not. Good Luck to you and your son.... Read More

Part of the problem with your situation is the age of your case. I would go to the clerk of courts office in the County where you lived as a child and check and see if they have your file in storage; if it is still available, they should be able to pull it from storage and you can review  it to see the terms of settlement including the amount that was received. Usually, minor settlements must be court approved and the money escrowed for the child and turned over to them upon reaching the age of majority.... Read More

It appears from your posting that you daughter was injured in some type of an accident and the case couldn't be settled and it proceeded to trial. Now, it appears, you are questioning your lawyer's performance in court, and/or their trial strategy. Your posting also doesn't indicate what the result was in court. I can only assume the case went to verdict and you obtained an adverse or bad result. That may or may not be the lawyer's fault, no matter what went on at trial. Going to a jury trial is taking a risk and leaving the fate of the case among 12 individuals who may or may not be sympathetic to what happened to your daughter. Your posting doesn't provide alot of information on what the nature of the case was or how she was injured. The only person who can declare a mistrial is the judge assigned to the case. You can't nor can your lawyer declare a mistrial. Your options at this point with your attorney are to file motions after verdict to try to have the verdict set aside (assuming the case went to verdict). The chances of overturning the jury's decision by the judge are probably not very good. The other option after that, is to file an appeal. That is something you would need to sit down and discuss with your lawyer to determine if there are legal grounds to appeal, not just the fact that you saw things go on at trial that you don't agree with, or that you may not be happy with your lawyer's performance in court. You should also make an appointment to sit down with the lawyer at their office and fairly and honestly discuss your concerns with your lawyer. If you are upset with what happened in court, you should discuss your concerns with your lawyer, without being accusatory or hostile towards the lawyer. Once you do that, the lawyer is going to become extremely defensive and probably refuse to talk to you anymore about the case. Another option you could consider would be to consult with another attorney and get a second opinion about your daughter's case and the result obtained in court.... Read More

They certainly could be liable. But a preliminary question in evaluating a legal action for negligence is how much of the total negligence is due to you, and how much to the homeowner? For example, if you weren't looking to see the problem when most other people would do so, your negligence may be equal to, or possibly more than, the homeowners. You could consult an experienced personal injury lawyer who can develop much more detailed facts than is possible at this site.... Read More

Not everyone benefits from hiring a lawyer following a car accident, for those who suffer no injuries or only minor ones we often encourage attempting to settle directly with the insurance provider for the at-fault driver. But given the significant injury which you have suffered, you will greatly increase your compensation by hiring a reputable personal injury lawyer. Insurance companies will never pay full compensation without the threat of a lawsuit, and that threat is only credible if you are represented by an attorney. You will also have help resolving the subrogation interests of your medical insurance provider when you hire a lawyer. However, avoid the high-profile, TV advertisers - typically these firms are "settlement mills" where clients are processed by non-lawyers and claims are settled quickly but cheaply.... Read More

It is part of the adjuster's job to minimize payouts for claims. You need an advocate on your side to push through to your best possible recovery. You only have two years from the date of the collision to file a lawsuit, so don't delay. If you were injured, an experienced car accident attorney may take your case on a contingency basis meaning that they aren't paid unless you are paid.... Read More

Of course you can sue. However (thanks to the doctor lobby) Med (and Dental) Mal cases are quite difficult. First, one must obtain a certification from an independent doctor that there was negligence. This is where the claim usually stops, as most lawyers will expect the client to cover the costs of this review/report(up to $5,000). Next, most malpractice insurance policies have a provision for approval of any settlement by the insured doctor. That doctor, human nature being what it is, will often refuse to approve any settlement, as he doesn't think he did anything wrong. Finally, there is a cap on how much can be awarded for pain and suffering, thus making these cases unattractive to lawyers. There are lawyers who specialize in Med Mal; your local bar association may be able to refer you to one.... Read More

You might have a viable medical malpractice claim. You can find experienced lawyers who handle these cases online, or in your Yellow Pages, or through the Lawyer Referral and Information Service from the Wisconsin State Bar in Madison. Be warned: these cases are hard to win. Hard, but not impossible.... Read More

The cost of pursuing your potential claims are likely to outweigh your potential recovery, making it unlikely that any lawyer would take your case. You may want to consider complaining to the medical center and possibly the medical board, but there could be practical repercussions connected with that that could affect your ability to get medical treatment in the future. Good luck.... Read More

A very complex and difficult case indeed. All I can say is, call every personal injury lawyer in the book, one at a time, and when they turn you down, explain that you know this is a tough case, do they know anybody who takes on difficult projects, and see if you can get recommendations that way.... Read More