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Green Bay auto accident lawyersWhile most auto accident claims are settled through negotiation, some victims may need to file a lawsuit to have a shot at successfully recovering damages for their losses. Should this happen, the victim would then be bound by Wisconsin’s statute of limitations. What are these laws, how can they impact your right to pursue compensation after a crash, and how can an experienced personal injury attorney protect your rights during a claim? The following information explains.

When is Litigation of a Claim is Necessary?

No one likes to file a lawsuit; the process is arduous, complex, and emotionally draining. However, there are circumstances in which this avenue is the most appropriate for a claim. For example, a victim who has had their claim wrongfully denied, or if the insurance company is refusing to pay a portion of their damages, they might need to take the case to litigation. Cases in which punitive damages may be owed may be best pursued through litigation as well.


Wisconsin construction zone accident attorneysAuto accident claims are, by nature, complex, but when there is an element of government liability, even more rules and statutes are added. To make matters worse, these accident victims are at an even higher risk of a denied or reduced claim when filing suit against a government entity. Thankfully, a little knowledge, along with the assistance of an attorney, can improve the outcome of your case. Learn more in the following sections.

Is a Government Entity Liable?

The government has sovereign immunity, which protects it against lawsuits, but that immunity can be waived if one an agency or employees causes an accident by acting in a negligent manner. Traffic-related examples in which a government entity may be held liable include:


Green Bay personal injury attorneysCar crash victims who have been injured by a negligent party have a right to pursue compensation for any injuries or losses they may have experienced. Sadly, since victims do not always know what sorts of damages they might be owed, the insurance companies often attempt to minimize their payout amount. Avoid this issue by learning what types of compensation you may be owed after an auto accident, and discover how the help of an experienced attorney can improve your chances of receiving a full and fair settlement.

Specific Damages in an Auto Accident Claim

Specific damages pertain to any specific losses you may have experienced because of the crash. Examples include damage to your property, lost wages, and medical costs. Victims often assume that these claims are simple and do not require the assistance of an attorney. However, there may be expenses that you have not considered. For example, you may be owed money for any gas that you needed to purchase for medical appointments. Co-pays to your doctor, money for prescriptions, and even the cost of medical equipment may also be covered under your claim. A claim can also be made for the loss of future wages (or loss of capacity to earn) and future medical expenses, as long as medical experts and/or vocational experts can provide proof the claims are reasonably likely to occur.


Appleton car accident lawyersAfter a car crash that has caused injury, victims expect to receive fair compensation for any injuries or losses they have sustained. Sadly, that is not what usually happens. After all, insurance companies do not make millions by treating victims fairly. Instead, they work hard to find any and every reason they can to deny and reduce the claims of injured motorists. Thankfully, there are some ways that drivers can protect themselves from reduced and denied claims after a crash. Learn more, including how the assistance of an experienced attorney can improve the outcome of your case with help from the following information.

What You Say and Do After an Accident Matters

The moments after a crash can be overwhelming and, in some cases, frightening. You or someone you love may be seriously injured. Plus, the adrenaline of the entire ordeal can leave you feeling as though you were at fault, even if you were not. To complicate matters even more, victims are often stressed about the lifestyle implications of the accident, such as missing time at work or having to replace their vehicle.


Green Bay distracted driving accident attorneysDistracted driving causes an estimated nine deaths each day and at least 1,000 injuries, yet drivers continue to use their cell phones while behind the wheel. The car manufacturer, Audi, is trying to combat those statistics with a new type of technology. Learn more about their efforts, discover what rights you may have if a distracted driver injures you or someone you love, and obtain information on how an experienced attorney can assist with your claim in the following sections.

Audi’s Safety Code Script

Audi’s new technology, which they refer to as their “safety code script,” works a lot like the phone applications that developers have made; it automatically detects when the device is moving at a speed that exceeds 20 miles per hour and then asks the individual to confirm whether they are driving. If the phone user does indicate that they are behind the wheel, the safety code will disable their device, preventing them from using it while they are driving.


Wisconsin whiplash injury lawyersWhiplash has not always been an issue. In fact, it was not until the early 1800s that medical professionals starting seeing such types of injuries. They were occurring in railway accidents – specifically ones in which the cars had been hit from behind. At first, practitioners thought the injuries were merely sprains, but the injuries were not healing like sprains to other parts of the body. With no real physical proof of the pain, the only answer they could come up with was that the forceful jarring had caused injury to the spine and tendons and muscles within the neck.

The Rise in Whiplash Injuries

As automobiles became the preferred mode of transportation and more accidents occurred, it became clear that the number of whiplash injuries that occurred each year was increasing. Healthcare professionals were still mystified by the injuries – especially those that did not heal within just a few weeks – but they could not dismiss the pain their patients were experiencing. Then, in 1995, the Quebec task force came up with a classification system for what medical professionals were now calling “whiplash injuries.”


Wisconsin car crash lawyersWith more than 40,000 highway deaths and approximately two million deaths last year, lawmakers are eager to reduce the number of traffic accidents that occur on U.S. highways each year. Self-driving cars – those that operate without the aid of the driver – seem to be the answer that lawmakers are focusing on right now. In fact, Congress is currently considering several bills that would expand the driverless car program and its development.

Safety advocates, though supportive of the development of driverless cars, are asking that Congress proceed slowly. Learn why and discover how an experienced auto accident attorney can help you seek compensation after a car crash that has caused death or injury to you or a loved one.

Bill Would Expand Driverless Car Development


Green Bay brain injury lawyersAlthough many traumatic brain injury victims do ultimately recover from their injuries, some suffer from serious and life-long complications. Next to death, diagnosis of a vegetative state is, perhaps, the most devastating of outcomes. Yet, because of music, healthcare professionals and medical experts are starting to wonder if unconsciousness is a spectrum, and the victim’s quality of life can still be improved. Learn more in the following sections, including how an experienced personal injury lawyer may be able to help improve the circumstances for your family after someone has experienced a traumatic brain injury (TBI).

Researchers Are Using Music to Reach Vegetative Brain Injury Victims

Science has always assumed that an individual in a vegetative state cannot hear, see, or otherwise interact with their surroundings. Things are changing, however – and music is at least partially responsible. Found to improve recovery for brain injury victims and thought to reduce aggression in people with dementia, music is currently being used in a medical study to determine if it can improve the quality of life of individuals with severe, vegetative state brain injuries. Researchers are also hoping to determine if music could be used to diagnose consciousness in people who have been diagnosed as being in a vegetative state. This element of the study could be critical to families of victims, especially since consciousness still mystifies healthcare professionals and studies have consistently found a high rate of misdiagnosis.


Appleton auto accident attorneysAfter an auto accident, you will hear a lot of industry-specific terms; fault is one of them. While most drivers know the meaning of the term, not all understand how it is determined or why it matters. The following information explains, and it provides some important details on how an experienced auto accident attorney can help improve the outcome of your personal injury case.

Fault in a Car Crash – Why It Matters

Even if you have never been in an accident, you have probably heard others discuss the aftermath of their own situations. You may have even heard them talk about fault. Why is this element so important in an auto accident, and how might it affect your case after a crash?


Wisconsin car crash lawyersAlthough every state requires that drivers have at least liability insurance on their vehicle, approximately 13 percent (or one in eight) of all motorists are uninsured. Should you experience a crash with one of them, you could be at risk for unpaid damages. Thankfully, there are still some avenues available to victims of an uninsured motorist crash. Learn more, including how the assistance of an experienced attorney can improve the outcome of your case.

Who Covers Damages When an At-Fault Driver is Uninsured?

When an at-fault driver is uninsured, it can create a great deal of anxiety for a victim – especially if they have costly medical expenses and experienced significant losses after the crash. Often, this is because the victim may be uncertain as to how they will recover damages. Rest assured: the at-fault driver is still legally liable for the accident, and you may still be able to seek compensation from them. However, it is important to understand just how complicated things can get when trying to recover damages from an uninsured motorist.


Appleton auto accident lawyersWisconsin winters are not like the ones in other parts of the country. Here, the ice, snow, and slush are an almost constant, and traffic accidents are all too common. Sadly, an accident can be just the beginning of a driver’s problems in inclement weather. There is also the risk of being stranded, perhaps for hours on end, and that can be dangerous if an injury has occurred. T

he cold weather itself may also cause injury if a victim is left stranded. A winter preparedness kit can reduce that risk. Learn what to put in yours, and discover how an experienced attorney can help you pursue compensation for any accident-related injuries you may sustain in a crash.

Everyday Winter Emergency Kits


Wisconsin pedestrian accident lawyersPedestrian accidents have been on the rise for the last several years, and that has resulted in an increase in the number of pedestrian deaths – but fatalities are not the only issue. Multiple and severe injuries that may place the victim and their family at risk for financial devastation are also extremely common. Thankfully, victims do have rights. Learn more about them, and discover how an experienced attorney can help with the process.

Multiple and Severe Injuries in a Pedestrian Crash

While victims may sustain any number of injuries in a pedestrian crash, some are far more likely to result in disability. Trauma to the spine and head are among the most common and concerning, but even seemingly minor ones can result in long-term or life-long disability. Examples of such injuries might include:


Green Bay car crash lawyersAuto accidents can be devastating for any victim, but children are at an increased risk for life-threatening injuries. In fact, statistics indicate that car crashes are the leading cause of death among children in the United States. Learn more about how to protect your child from a serious injury in a crash, and discover how an experienced attorney can help you seek the compensation that you deserve, should one occur.

Life-Threatening Car Crash Injuries in Children

While almost any type of injury can lead to a fatality, those related to the head are the most commonly seen in young children. Examples of such injuries include skull fractures and traumatic brain injuries, which can cause dangerous swelling in the brain. Infants under the age of one are at an especially high risk for these injuries, and they are far more likely to be life-threatening in this high-risk group. Thankfully, parents can reduce the risk.


Wisconsin child injury lawyersHolidays are a time for cheer, and for families. If you are visiting yours this year and have a small child, the following information can help you learn how to protect them from auto accident injuries while traveling this holiday season. You shall also discover what sort of compensation you may be entitled to, should a crash and injury occur.

Safe Driving Habits Are Critical During the Holiday Season

Nearly every driver has had a close call – a moment when they thought they might crash but managed to avoid the accident. With traffic at its peak, accidents are far more difficult to avoid during the holiday season. As such, drivers are encouraged to use (and even brush up on) safe driving practices. Examples include:


Wisconsin pedestrian accident lawyersAs health and environmental concerns peak among the U.S. population, the number of pedestrians on the road continues to rise. Sadly, so does the rate of pedestrian accidents. The Wisconsin Department of Transportation (DOT) says alcohol and distractions are driving factors in the increase. If you or someone you love has been injured or killed in a pedestrian crash, and alcohol or distracted driving was involved, you may be entitled to compensation. Learn more, including how an experienced pedestrian accident lawyer can assist, with help from the following information.

Pedestrian Accidents and Distracted Driving

States across the country have started to ban cell phone use behind the wheel, but this is not the case in Wisconsin. Though texting is prohibited for all drivers, talking on the phone is only illegal for newly licensed drivers or those driving through a construction zone. That means all other drivers may legally handle their phones and engage in conversations while driving. Sadly, this is a form of distraction that can have catastrophic consequences.


Wisconsin truck accident lawyersStatistical estimates indicate that some 70 percent of the freight that is moved and sold throughout the United States is transported by commercial trucks. Sadly, the data also shows that the crashes involving such vehicles rose by 62 percent between 2009 and 2015. That is a total of 95,000 additional accidents during that time-period. When taking all this into account, it becomes abundantly clear that drivers and other road users need to be aware of their rights, should a crash ever occur. Learn more, including how liability, negligence, and damages are determined after a commercial vehicle accident with help from the following information.

Liability and Negligence in a Commercial Vehicle Accident

Commercial vehicle accidents are typically more complex than other traffic crashes. Much of this is due to the multiple parties that may be involved. For example, the truck driver is one potentially liable party. Depending on whether they are self-employed, an independent contractor, or an employee of a company, the trucking company itself may also be liable. The owner of the commercial vehicle, maintenance professionals, and even freight loaders may also be held responsible if they are deemed a negligent party in a truck accident case.


Wisconsin burn injury attorneysThe pain experienced by burn injury victims is complex and of serious concern, not just immediately after the injury, but also in the years to come. Sadly, science has struggled with pain management for such victims. Part of this is due to the way that burns affect the body, which is quite different from other types of injuries. Thankfully, a new study now suggests that tarantula venom may hold the key to improved pain management for burn victims. Learn more, discover what compensation you may be entitled to after a burn injury caused by negligence, and see how an experienced attorney can assist with your claim.  

Understanding Why Burn Injuries Are Different

When the body is injured, signals are transmitted to the brain by special sensory neuron receptors called nociceptors. Sitting on top of those nociceptors are tiny membrane proteins that respond to specific types of pain stimuli, such as pain from heat – or burn pain, which is unique in how it reacts with the body’s nociceptors. It opens a sodium channel known as Nav1.7 and allows an electrical current to flow directly through the cell as charged ions.


Appleton car crash lawyersWith fall quickly giving way to winter, many Wisconsin drivers are considering how they can reduce their risk of a car crash. Snow and ice – a common occurrence in this state during the winter months – come together to create hazardous surfaces. The added risk of other drivers, the potential for vehicle malfunctions, and the extreme cold only add further to each driver’s overall risk of an accident. Learn how early winter driving preparedness can help reduce this risk, and discover how an experienced attorney can help you recover compensation, should a crash happen to you or a loved one this winter season.

Winterizing Your Vehicle

The colder weather can wreak havoc on a vehicle – especially if it is not properly winterized. Failure to winterize a vehicle can also increase your risk of a crash. For example, if you fail to replace worn tires before winter weather sets in, your vehicle may be unable to grip the road effectively. The result may be a slip, slide, or even spin on ice, at a stop sign, or at an intersection. So, before winter hits, make sure you take your vehicle to a mechanic for full winterization or seek information on how to do it yourself.


Green Bay car crash lawyersCar crashes come in all types, severity, and sizes. However, some types of accidents are far more common than others. Learn more about the crashes most commonly experienced by drivers, including the types of injuries that one may sustain, and discover how a seasoned attorney can increase your chances of receiving full and fair compensation.

Rear-End Crashes

Of all the two-vehicle accidents that occur, rear-end crashes are the most common. Typically caused by a negligent driver who was either distracted or following too closely, these accidents can result in a wide range of injuries, including whiplash, facial fractures, and spinal cord injuries.


Green Bay motorcycle crash lawyersOf all the vehicle users on the road, motorcyclists have the highest risk of fatality and serious injury during a crash. Unfortunately, they are also far more likely to experience an accident than other road users. Helmets and leather gear offer some form of protection, but they are far from sufficient. Perhaps that is why the technology sector is stepping in to help. Learn more about their potentially game-changing invention and discover what sort of compensation that you or a loved one may be entitled to after a motorcycle crash.

Understanding Why Current Protection is Inadequate

Helmets are one of the most widely used motorcycle safety devices – and for good reason. They are designed to protect the head, face, and brain, which reduces the rider’s overall risk of a serious or fatal injury to one of the body’s most vital organs. Yet, a large percentage of serious injuries and fatalities in motorcyclists are the result of injuries to the trunk. This part of the body, save for perhaps leather gear, is mostly unprotected. There is nothing to absorb the impact, so riders are at risk for serious and life-threatening injuries in a crash. Examples of some of the most commonly experienced trunk injuries include internal bleeding, broken bones, puncturing of vital organs, and spinal injuries. High speed crashes, multiple vehicle crashes, and accidents with large vehicles even further increase the odds of a fatality or serious injury.

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
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  • 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.
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