Wisconsin Slip And Fall Legal Questions

I wrote a blog at our web site on this issue under personal injury issues in March of this year, as I recall. Waivers or disclaimers are largely disfavored in Wisconsin and even where patrons sign them, they are largely not upheld by the courts. Depending on where and what the recreational activity might be, you may possibly fall under Wisconsin’s so called “recreational immunity statute.”... Read More

You would have the right as the parent of a minor child, to make a claim for personal injury in his behalf. Since the claim is against a governmental entity, you will be required to provide a written notice of claim by personal service on the governmental agency, body, branch in charge of the school district. Failure to provide such written notice of clam within 120 days  of the accident under WI law, will forerver bar the claim. If you file the notice of claim and it is formally disallowed, it shortens the statute of limitations to commence a lawsuit froom the typical 3 years from the date of the accident to  6 months after the disallowance is recevied. I recently wrote a blog at our law firm's web site under personal injury injuries of the complexities of this statute. You are well advised to consider hiring a personal injury lawyer to pursue the claim for you. The second part of the answer to your question deals with whether there is lliability. The first part dealt only with procedure. Slip and fall cases are exceedingly difficult to puruse and win in Wisconsin, given the fact that over winter, it can be slippery and icy nearly every day. You will need to show that the school district was negligent and failed to clear the dirveways, sidewalks of snow and ice that could have prevented the fall. That is difficult to do in a cold climate, and in  alll likelihood, the claim is going to be denied, forcing you to  file a lawsuit to pursue the case. Pictures depicting the area on the day of the accident wouold help, along with witnesses. Your son's injuries are certainly serious enoough to warrant you to consider pursuinng the case.... Read More

I am sorry to hear about your accident and very serious injury: premises liability cases can be very tough to pursue; insurance companies routinely deny such claims forcing the injured person to have to start a lawsuit; I wrote a blog about this at our firm's website. In order to prevail, you would need to show that the venue, by its agents and employees, knew there was a dangerous condition and did nothing to correct the problem; that is not going to be easy to prove in your case.... Read More

Personal injury settlements  are generally not taxable income. Your wife is well advised on holding off on any discussions of settlement, until her doctor can fully evaluate her injury and know whether she makes a complete recovery or has a permanent injury; don't be in a hurry to try to negotiate a quick settlement, that is exactly what the insurance company is hoping for. There are many factors that go into the consideration of the value of your wife's case; the best advice I can give you is to wait and consult with an experienced personal injury lawyer of your choice before doing anything further on her case.... Read More

The issue isn't what kind of shoes you were wearing, as much as what specifically made you fall. Premises liability cases can be very difficult to pursue and many times, the liability insurance carrier for the owner simply will deny the claim and force you to file a lawsuit; the real key is what made you fall in the first place? Further, unless you have photographic evidence of what made you fall or witnesses who were present, it will be very difficult to establish negligence against the landowner.... Read More

You can sue anyone for anything, but the real question is what type of a case do you have? Most  people think that if you slip and fall or trip and fall on someone else's property, that there is automatic liability. The laws vary from state to state. Ordinarily, you have to prove your landlord was negligent for your accident; what did they do wrong that made you fall? Was the staircase defective in some way or poor lighting conditions to contribute to your fall? Was the bannister or hand railing defective? Do you have photographs showing the defect or witnesses who would testify as to what made you fall? From a practical perspective, does the landlord have homeowner's insurance that you could recover if you pursued your case? Insurance companies routinely deny liability on these type of trip and fall cases which will force you to file a lawsuit; you should consult with an experienced personal injury lawyer first to see if they feel you have enough substance and evidence to how your accident happened, in order for you to be pursuing the case.... Read More

If you were seriously injured in an accident, it would be best to consult with an attorney right away.  There are strict statute of limitations on when you need to file a lawsuit. Further, an attorney can document your accident, by sending an investigator to  take photographs of the scene, and take witness statements from those who observed your fall, among other things.  The longer you wait, the more difficult it will be  to document the accident and what happened to you. You also don't want to procrastinate with getting medical attention for your injuries either. The longer you wait, the more harm it will cause to your case.... Read More

You should contact a local personal injury attorney (one in your state) who does workers compensation law.  He will take the case on a contingency basis which means you only have to pay if you succeed, and the fee is part of the award.  Additionally, initial consultations are free. You can use the "Find a Lawyer" service through this website to research personal injury attorneys. Then, visit each attorney's website and select a firm that has a record of successful verdicts.  Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com. ... Read More