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Wisconsin Law Blog

Possible wrongful death situation in Wisconsin

Any time someone dies at the scene of a motor vehicle accident, it is always tragic. Situations that include more than one fatality are especially devastating. Such was the case in a recent collision that occurred on a Wisconsin roadway. When an accident is determined to have been caused by a negligent driver, there may be grounds for filing a wrongful death claim in court.

Two cars were involved in the recent fatal collision, which occurred just after 3 p.m. on a recent Wednesday afternoon. A 57-year-old woman was behind the wheel of one of the vehicles. Traveling together in the other were a man and his elderly wife. Although the official investigation remains active, police have so far suggested that the 57-year-old woman appears to have veered out of her traffic lane and into oncoming vehicles.

Your loved one's accident may be cause for wrongful death claim

The grief associated with learning that a loved one has been killed in a motor vehicle accident can be overwhelming. There are any number of factors that lead to such accidents, and many are associated with negligence. Surviving immediate family members of fatal accident victims in Wisconsin often have cause to pursue justice on the behalves of their deceased loved ones by filing wrongful death claims in court.

Going to court would certainly not be among a grieving family's foremost thoughts in the aftermath of a fatal collision that took the life of a loved one. However, something else they might not be thinking of is the tremendous financial debt with which they may soon be faced because of various costs associated with the accident. Many families find themselves unable to meet such debt.

Wisconsin 97 site of many car accidents; infant is latest victim

When an innocent baby is injured in a motor vehicle accident caused by the negligence of a driver, it is understandable that the child's loved ones would want to seek justice in the matter. An incident occurred on a recent Thursday morning in Wisconsin that caused serious injuries to an infant and hurt two others as well. Those injured in car accidents may be entitled to file personal injury claims in civil court. When a victim is of minor age, a parent or legal guardian may act on his or her behalf.

In this particular situation, it was just shy of 8 a.m. when the accident took place. A sports utility vehicle and a logging truck collided. Two other vehicles in the area are said to have been hit by debris after the first two vehicles crashed.

Clarifying Wisconsin law regarding injuries from animal bites

Many people have had the terrifying experience of being attacked by a dog or other animal while strolling through their neighborhoods or visiting friends. Animal bites often cause very serious injuries requiring stitches, and perhaps even plastic surgery to achieve full recovery. Wisconsin law is very specific when it comes to animal bites and is known as a strict liability state.

Throughout the state, a dog owner can be held accountable for any bite or attack by a pet that causes injury to another person. When a dog is determined to have a vicious propensity, the amount of damages that may be sought in recovery are doubled.  Those facing such issues are advised to act alongside experienced representation when presenting their case in court. 

Seasonal employee or independent contractor? There are important distinctions.

At first it seemed like an ideal summer job. You were working on a construction site, picking up new skills and getting paid well to labor under the sun's rays. Enrolled in your university's civil engineering program, you thought that the knowledge you gained over the break's four months would transfer nicely to your classroom environment. Unfortunately, you had offered to work a late shift for a friend and followed it up with a morning stint the next day. You were more tired than usual and injured yourself on the worksite.

Two days after the trip to the ER, you return to work, bandaged but not broken. Rather than getting support from your supervisor, however, your queries on remuneration for workplace injuries go unanswered. Having reviewed our blog on Wisconsin workplace safety, you were aware of your employer's responsibility to maintaining a safe environment. On your own volition, you visited your own doctor, but who will cover the bills? The answer to this question can be found in the role to which you have been assigned: seasonal employee or independent contractor. If you have been misclassified as an "independent contractor," your rights may be impacted.

Cycling suggestions: 5 tips for a fun and safe ride

With the rise in popularity of so-called "Fat bikes," named for the width of their tires and celebrated for their ability to handle virtually any riding surface, cyclists in Wisconsin can now enjoy the freedom to ride on sand, in rain and snow. If you own such a bike, now the shift in seasons will not prevent you from enjoying a quick spin outside. Your ability to disregard seasonal limitations, however, should result in increased awareness of road safety. While the drivers sharing the road with you in the summer may expect to find a peloton crowding country roads, they may not anticipate cyclists on the road in January. Keeping that thought in mind, review these bike safety tips to ensure your ride is exciting for all the right reasons.

1. Anticipate problems

One of the best steps you can take to make certain that your ride is a safe one is to plan for issues on the road. Using a car to review your route will help you see if your intended path is strewn with sharp objects that can puncture your tires or has a good shoulder width to give you distance when cars pass. It is also helpful to pack a safety kit containing a spare tube or patch kit should your tires become perforated. Carrying a cell phone and money will serve your needs, should your ride prematurely end and you require a cab ride home.

Wisconsin law concerning owner accountability for animal bites

It is impossible to know how an animal will act at any given moment. Many pet owners are confident that the animals they own will not harm anyone, only to be disappointed later when a bite occurs. As animal bites often cause severe injuries in Wisconsin and elsewhere, the law allows a monetary judgment to be sought against a party or parties deemed liable in such situations.

Filing a personal injury claim in a civil court can seem like a complicated process to someone facing such circumstances for the first time. It is often helpful to seek assistance through experienced counsel and guidance. Fitzpatrick, Skemp & Associates, LLC, has successfully recovered more than $70 million in settlements and verdicts on the behalf of clients throughout western Wisconsin and nearby areas.

Wisconsin family determines grounds for wrongful death lawsuit

There is always risk involved in any type of surgery. However, every patient has the right to reasonably assume that all medical professionals will adhere to the highest levels of accepted safety standards when providing care. Many families have been devastated to learn their loved ones have died due to medical negligence. One such family recently filed a wrongful death claim in Wisconsin after discovering details regarding a tragedy that occurred several years ago.

Typically, those considering filing such claims are bound by a 3-year statute of limitation. In certain circumstances, time extensions are granted to one year beyond the time that negligence is discovered so long as the incident did not take place more than five years prior to discovery. The decedent in this situation was a 77-year-old man who had undergone heart surgery in 2011.

Options for family members who lose loved ones in truck accidents

Wisconsin highways are often cluttered with traffic and many different types of vehicles. The more vehicles that share the road, the higher the chances are of a collision taking place. Truck accidents, in particular, often have devastating results. One such tragedy recently occurred that ended in two fatalities.

It was just before 9 a.m. on a recent Friday when the terrible crash took place. Apparently, a retired dentist, age 69, and his wife, who was a former school teacher, were traveling together. The couple was riding in a sport utility vehicle, when it was struck by a massive tractor-trailer.

Child's estate awarded $10.7 million for wrongful death

One can only imagine the unspeakable grief of suffering a child's death in an accident that might have been prevented. A court outside Wisconsin recently determined that such was the case concerning a baby who died after suffering serious burns from bathtub water. After a week-long trial, a verdict awarded the substantial monetary judgment to the 18-month old girl's estate, holding the water heater manufacturer liable for her wrongful death.

The baby's father filed the claim after the tragedy that eventually led to his child's demise. He asserted that many water heaters include anti-scalding valves as standard features. It was further alleged that the manufacturer's failure to include the anti-scalding valve on the water heater model installed in the child's home constituted negligence that became a causal factor in her death.