Herrling Clark Law Firm Ltd.
When Your Future is at Stake
Recent blog posts

Wisconsin traffic accident lawyersThere are many ways and places that drivers can get into an accident, but intersections tend to be one of the most common. In fact, data from the National Highway Traffic Safety Administration (NHTSA) shows that 733,000 injury crashes and 7,196 fatalities occurred at intersections in 2008 (the most current year for which data is available). The U.S. Department of Transportation also estimated that around 43 percent of all motor vehicle accidents are “intersection-related.” Protect yourself and your family with help from the following tips.

Types of Intersection Accidents

Intersection accidents tend to be rather disarming. In fact, victims rarely ever see the vehicle until after the crash has occurred. Many also experience a sense of disorientation in the first few moments after a collision. Some of the most common types of intersection accidents include:


Appleton TBI lawyersWhile traumatic brain injury (TBI) impacts more than 1.7 million Americans per year, there is still little known about their healing process. In fact, doctors still do not have an accurate way to predict the extent of recovery a patient may experience, or how long it might take to heal fully. That could soon all change, thanks to a new study. What is more, the new information could significantly impact the outcome of personal injury claims.

The Mystery of TBI Recovery

Although some 52,000 TBI victims experience death and another 275,000 are hospitalized each year, the Centers for Disease Control and Prevention (CDC) estimates that around 80 percent of all victims are treated and then sent home to recover. What, exactly, does such a recovery entail? For most, it is nothing more than time and rest. How much time, no one can honestly say. Some start to feel better after just a matter of weeks. Others experience persistent symptoms that last for months or years. Still others never fully recover.


Wisconsin work injury lawyersStatistics from the Occupational Safety and Health Administration (OSHA) show that approximately one out of every ten construction workers will experience a workplace injury. Worse yet, the average construction worker has a one in 200 chance of experiencing a job-related fatality over the course of a 45-year career. Why is the construction industry so dangerous, and what (if anything) can be done about it? The answer, though complex, rests within the ten most common types of construction accidents.

Most Common Types of Construction Accidents

Although there are many different subsets of construction (road construction, high rise construction, etc.), they all share the ten most common causes of death and injury. These accident types are as follows:


Wisconsin drunk driving accident lawyersEach year, nearly 10,000 people are killed in drunk driving accidents. Even more experience injuries of varying degrees. Many victims need at least some form of medical treatment, which can result in costly medical bills. Further, some drunk driving accident victims may lose time at work. Still, others may experience permanent disability and may never be able to return to work – and all because one person acted with negligence. Thankfully, victims do have the right to pursue compensation for their losses. The following explains what types of compensation victims may be owed, and how they can increase their chances of a fair settlement.

Common Types of Compensation

Like with most auto accidents, victims may pursue compensation from the negligent driver’s car insurance company. Handled much like any other claim, this type of compensation is known as a personal injury claim. However, drunk driving victims may also be owed restitution from the drunk driver. Such damages are sought through the dram shop laws; though they are limited, they may increase the overall amount of a victim’s settlement.


Appleton motorcycle accident lawyersStatistics from the U.S. Department of Transportation (DOT) show that over 4,000 motorcyclists lose their lives each year. Thousands more experience serious injuries, some of which lead to short-term or long-term disability. What are the most common injuries, and what recourse do victims and their families have if a motorcycle accident results in a fatality or severe injury? The following explains further and provides you with details on finding assistance with your claim.

Most Commonly Experienced Injuries

Head injuries tend to be more common and severe among non-helmeted riders; they are also more likely to result in fatal injuries. Such injuries may include everything from fractures in the facial bones or skull to head lacerations and traumatic brain injury (TBI). However, helmet use is not always effective at preventing severe or fatal injuries. In fact, data suggests that helmets are only 37 percent effective at preventing fatal injuries, and only about 67 percent effective at preventing head injuries. Furthermore, although insurance companies often try to use the failure to use a helmet as a defense to an injury claim, Wisconsin Statutes prohibit the reduction of damages for the failure of a licensed motorcycle operator to operate without a helmet.


Green Bay truck accident lawyersOften, victims and their families assume that semi-truck accidents and car crashes are treated the same. There are some major differences, however. In some cases, this can make winning compensation more difficult. In other ways, it can increase the amount that a victim or their family may be owed. Learn more about how semi accidents are different from car crashes, and why it matters, with help from the following information.

Truck Drivers Are Held to a Higher Standard

Semi-truck drivers are required to train for and obtain a Commercial Driver’s License (CDL). To maintain their licensing status, CDL holders must also undergo regular physicals and drug screenings. As such, they are held to a higher standard than typical drivers; they are expected to understand the risk that they and their vehicles pose to other drivers, and to act accordingly.


Appleton pedestrian accident lawyersData from the National Highway Traffic Safety Administration (NHTSA) estimates that around 4,000 pedestrians are killed in motor vehicle accidents per year. Many more are severely injured and may suffer from either short- or long-term disability. What determines the difference between those that are just injured and those that suffer a fatality? The answer is often vehicle speed. Learn more about how the speed of a vehicle upon impact can affect a pedestrian’s risk of injury or death with help from the following information.

Increased Speed Heightens the Risk of Fatality

There are many disagreements about vehicle speed and the risk of fatality in pedestrian accidents – namely the specific speeds at which the risk of death and severe injury increase). However, there is a universally accepted truth: higher speeds increases the risk of fatality for pedestrians. As such, areas that are dense in human foot traffic tend to have lower speed limits (i.e. residential areas, business districts in major cities, etc.). These areas may also contain more safety provisions, such as crosswalks, extra traffic lights, and warning signs to notify drivers of pedestrian crossings. Sadly, some drivers either miss or refuse to heed them.


Appleton defective product lawyersThe Consumer Protection Safety Act (CPSA) is meant to protect consumers from the risk of death or injury from dangerous and defective products. Enacted by Congress in 1972, it outlines guidelines for the safe production, sale, packaging, and labeling of consumer products. It also regulates manufacturers and requires that they follow a specific protocol if or when a defective product is discovered. Unfortunately, not all manufacturers adhere to the CPSA. For this reason, every American should understand their rights and protections under this Act, including what their rights are if or when an injury or fatality occurs.

Consumers Have the Right to Expect Reasonably Safe Products

Before the CPSA, defects were extremely common. Some products were so dangerous, they put millions of people at risk of death or serious injury. There were toasters that would catch fire, even if not in use, and burn down homes. There were toys that caused strangulation and contained lead paint, which compromised the health and safety of young children. Essentially, consumers never knew what they were buying, or if it would pose a risk to themselves or their family members. It was this problematic situation that led to the enactment of the CPSA.


Wisconsin burn injury lawyersThere is a common misconception that electrical burns happen only to those who work with electricity. Unfortunately, nothing could be further from the truth. A homemaker or child may experience an electrical burn while using a defective in-home appliance. Swimmers can experience an electrical burn from cracked and uninspected lights in public and private swimming pools. Even car crashes and construction sites can lead to electrical burns. What happens to those who do experience them, and what resource might a victim have in such a situation? The following explains.

Understanding the Types of Electrical Burns

Electrical burns generally occur in one of two ways: thermally or an arc burn. Thermal burns are those experienced when a victim is burned by an overheated electrical surface, such as a conduit, or comes in direct contact with an electrical source. Arc burns are those experienced in the gap between conductors (air, water, etc.); these may also be the result of an explosion flash of electricity. Clothing lit on fire while touching an overheated surface may also be considered a thermal burn but could be, in some cases, an arc burn. Exact details of the accident will determine what type of burn a victim has experienced.


Wisconsin drunk driving accident injury lawyersStatistics from the Centers for Disease Control and Prevention (CDC) show that intoxicated driving causes approximately 31 percent of all traffic-related deaths in America. In total, that amounts to nearly 10 million drunk driving deaths per year, and about one death every 53 minutes. Additionally, there are thousands more injured in drunk driving crashes. The following examines who can be held liable in such situations, and why it is important.

Understanding the Importance of Liability

If you or someone you love has experienced such a tragedy, it is important to know your rights, including who may be considered liable in a drunk driving accident. Doing so can increase your chances of receiving the compensation you deserve, which can help ensure that you or your loved one receive the treatment and therapies you need. Compensation can also cover income losses, such as those experienced when a loved one experiences death or disability (either temporary or permanent) during a drunk driving crash.


Wisconsin brain injury lawyersStatistics from the Centers for Disease Control and Prevention (CDC) estimate that some 1.7 million Americans suffer from a traumatic brain injury (TBI) each year. Science now suggests that those individuals could be at an increased risk for several serious and lasting conditions. Uncovered by biologists at University of California, Los Angeles (UCLA), this revolutionary discovery could one day impact personal injury cases.

About the Study

Published in EBioMedicine, the study examined the brain function of rats. At the beginning of the study, 20 of them were trained to escape a maze. Later, 10 were injected with a fluid that simulated a brain injury. Both sets of rats - the injected group and control group - were returned to the maze. Those in the control group continued to perform as they always had, but the ones who had experienced a brain injury took approximately 25 percent longer to find their way out of the maze.


Green Bay auto accident lawyersCar accidents cause 2.35 million injuries and over 37,000 deaths each and every year. They are the leading cause of death among those between the ages of 16 and 20, and they are one of the leading causes of traumatic brain injury, death, and disability among all age groups. Why are auto accidents so common, and why do the rates keep climbing? The following explores these questions and explains what you can do if you or someone you love is injured in an automobile accident.

Distracted Driving

Distracted driving applies to any activity that takes your eyes or concentration off the road (eating, changing the radio station, applying makeup, etc.) but cellphone use is, by far, the most common distracted driving habit. Even more concerning is that the rates continue to rise in the face of new laws, campaigns, and safety warnings.


Appleton truck accident lawyersOf all the accidents that a road user can experience, those involving semi trucks tend to be the most devastating. In fact, only a small percentage of semi truck accident victims survive the accident, and those that do often experience long-term or lifelong disability. This can be costly for the trucking industry and the government, but the true burden rests with victims who have lost their quality of life.

Technology experts believe they have the solution that would eliminate such catastrophes: driverless trucks. They are so confident, in fact, that they are already pushing to the testing phase. It is their hope that driverless trucks will be the “new normal” within the next decade. Is this truly a solution, though, and how might this change impact other road users? The following examines the possibilities.

The Possible Benefits of Eliminating Semi Truck Drivers


Wisconsin animal bite injury attorneysMore often than not, people associate dog bites with serious injuries. However, cats are also capable of causing life-threatening and serious injuries to victims. This is because, in many ways, their bites are actually more likely to result in an infection than a minor dog bite. Learn more about the treatment for feline bites, your risk of infection from a cat bite, and your right to pursue fair compensation for your injuries.

Understanding the Danger of a Feline Bite

Initial examination of a feline bite might not seem like a cause for concern, but the very composition of a cat’s teeth are the reason that humans become at risk. Sharp, curved, and long enough to penetrate fairly deep into the skin, a cat’s teeth can transmit bacteria into a bite victim. Yet, the holes are so small, they can quickly scab over and leave the bacteria trapped inside. This can result in an infection in as little as 24 to 48 hours. If left untreated, this infection can spread throughout the body and may even place the life of the victim at risk. As such, feline bite victims should seek medical treatment from a qualified healthcare professional immediately after the bite has occurred.


Appleton wrongful death lawyersDeath of a loved one is always painful, but when that loss is fueled by the negligent or wrongful acts of another, it can feel like a complete injustice. Indeed, many are, in fact, injustices that qualify as wrongful deaths. What is a wrongful death, and what kind of recourse do the families of lost loved ones have? The following explains.

What is Wrongful Death?

As defined under Section 895 of the Wisconsin Statutes, “wrongful death” is a death that was caused by a “wrongful act, neglect, or default.” In cases where the victim could have filed a personal injury lawsuit, certain other people may file a wrongful death claim in place of the deceased victim. This includes the victim’s surviving spouse, child(ren), domestic partner, parent, guardian, or personal representative of the deceased party’s estate.


Appleton burn injury lawyersBurn injuries can be physically, financially, and emotionally devastating for anyone, but children can be at an especially high risk for fatality and long-term complications. Their bodies are smaller, and the recovery can be more traumatizing. Now it is being suggested that children may also experience developmental and educational delays because of their burns. This makes it even more critical for parents to understand their right to pursue compensation.

How Big is the Impact?

According to statistics from Safe Kids, a total of 334 children died from burn injuries in 2013 (the most recent year for which data is available). Another 126,035 were seen in emergency rooms for burns. Their causes varied, typically by age, and included issues ranging from scalding to direct fires experienced in auto accidents.


Green Bay auto accident attorneysAmericans are always on the go, and many are suffering from sleep deprivation. Unfortunately, this could also be increasing their risk of accident. In fact, a recent study from the American Automobile Association (AAA) found that losing even just a couple hours of sleep can double a driver’s risk of a car accident. What might this mean for you and your family, even if you are not sleep deprived? The following explains.

Understanding the Risk

The Centers for Disease Control and Prevention (CDC) estimates that approximately one in three adults suffer from sleep deprivation. So, even if you are driving well-rested, chances are, several of the drivers around you are struggling to stay awake. Their reflexes are dulled, and their risk for an accident could be as high as a drunk driver’s. Indeed, this is the risk for those who are driving on five hours of sleep or less.


Wisconsin school bus accident lawyersEvery day, parents send their children off to school, expecting them to return home safe and sound. Yet, in November of 2016, as families across the country gave thanks, six families in Tennessee grieved the loss of their children. Their school bus crashed and toppled over before slamming into a tree. The impact was so severe that it nearly split the bus in two. What kind of actions might other parents take, should this ever happen to their child? The following explains.

Driver Negligence Said to Be Major Factor in Crash

Investigators began examining the details of the crash, and what might have caused it, shortly after it occurred. What they found was beyond disturbing. Not only was the driver said to have been on his cellphone at one point during the drive (allegedly caught on camera), he was also said to have been driving at least 20 miles per hour over the speed limit. This could be considered gross negligence on his part. Yet he is not the only one who should be held accountable – at least not in this case.


Appleton pedestrian accident injury lawyersThe National Highway Traffic Safety Administration states that, on average, there is one pedestrian killed in a crash every two hours, and at least one is injured every eight minutes. What kind of injuries are sustained, though, and can victims expect to recover? More importantly, what recourse do pedestrians and their families have when a crash causes temporary disability, permanent disability, or wrongful death? The following explains.

Most Commonly Sustained Injuries

To determine the injuries most often sustained by pedestrians, the French Institute of Science and Technology for Transport, Development, and Networks, examined medical records and police reports on more than 1.6 million pedestrian accidents. Injuries to the lower extremities were found the be the most common (50 percent of victims), which was then followed by injuries to the head, face, or neck area (38 percent) and injuries to the upper extremities (27 percent). Additionally, the researchers determined that pelvic injuries were far more common for female victims than they were for male victims. However, males often sustained more serious injuries than women.


Appleton car crash injury lawyersWhile teens make up only a small fraction of the drivers in America, they account for a fairly large percentage of car accidents per year. In fact, data from the Centers for Disease Control and Prevention (CDC), shows that, of the 5.25 million accidents occur each year, nearly one million involve teen drivers. Car accidents also happen to be the leading cause of teen death. As such, parents must do all they can to keep their teens safe behind the wheel. The following tips can help.

Limit the Number of Passengers

Distracted driving comes in many forms, including social interaction. For young and less experienced drivers, this extra distraction can mean the difference between an accident and arriving at their destination safely. In fact, data from the American Automobile Association suggests that a teen’s risk of accident increases by 44 percent when there is just one other teen in the vehicle. It doubles when there is a second passenger, and quadruples when there is a third. Because of this, the safest bet might be to restrict your teen from having passengers in the vehicle, at least until they gain more experience.

Appleton Office
800 North Lynndale Drive
Appleton, WI
(920) 739-7366
Green Bay Office
2740 South Oneida Street
Green Bay, WI
(920) 468-7366
New London Office
105 East Waupaca Street
New London, WI
(920) 982-9652
Oshkosh Office
510 North Koeller Street
Oshkosh, WI
(920) 385-0616
  • Wisconsin Association for Justice
  • State Bar of Wisconsin
  • American Bar Association
  • American Association for Justice
Herrling Clark Law Firm Ltd. is located in Appleton, Wisconsin, and serves clients in Fox Valley, Outagamie County, Brown County, Door County, Kewaunee County, Manitowoc County, Sheboygan County, Fond du Lac County, Calumet County, Winnebago County, including Appleton, New London, Clintonville, Neenah, Oshkosh, DePere, Fond du Lac, Sheboygan, Manitowoc, Kewaunee, Sturgeon Bay, Marinette, Neenah, Chilton, Menasha, Shawano, Waupaca, Wausau, and Green Bay, Wisconsin.
Back to Top