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

Appleton personal injury lawyer for pre-existing conditions

Injuries can be sustained at any time, and they can require extensive amounts of rehabilitation before fully healing. Furthermore, injuries can remain dormant, not fully developing until a later period of time. When a person suffers a personal injury due to another person's negligence, he or she may seek compensation from the negligent party. However, situations in which a pre-existing injury has worsened due to an accident can be complex, and demonstrating the full impact of these types of injuries may be difficult. In these cases, it is essential to seek the help of an experienced personal injury attorney to ensure that all legal aspects of an injury are addressed.  

How Can an Injury Progress?

Accidents that involve a person with a pre-existing ailment could lead to a condition becoming significantly worse. Neck, back, or head injuries, broken bones, or other types of conditions could become aggravated by a subsequent injury. For example, an individual who previously hurt his or her back in a slip and fall accident may sustain additional back injuries after being the victim of a rear-end collision

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Appleton elder abuse lawyers

Nursing homes or in-home caregivers are good options for many elderly people. Some need professional-level assistance, while others do not have family members who can help them. Unfortunately, elder abuse by such caregivers is extremely common and is on the rise. According to CBS 58 News, Wisconsin counties reported 7,019 abuse complaints in 2016, and this number was 21% higher than the figures from three years prior. The numbers are staggering, revealing that this problem will not easily disappear. Like many other states, Wisconsin has taken active steps to try to address the risks faced by its elderly population.

A Means of Protection or an Invasion of Privacy?

In 2018, the Wisconsin Department of Justice (DOJ) decided to take action against those who are subjecting older individuals to abuse, and the Safe Seniors Camera Program was created. This program is intended to help concerned loved ones witness and record any abuse that may be happening. The DOJ will provide approved applicants with government-owned cameras and memory cards to place in their loved one’s home. Each camera and memory card is lent for up to 30 days to give each individual a significant amount of time with the equipment. Those who sign the contract are required to save all recordings on a daily basis and contact local law enforcement with any footage that may show illegal actions.

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Appleton, WI wrongful death lawyer

The death of a loved one is difficult in any circumstances, but it can be especially painful if a person was killed because of someone else’s negligence or wrongful acts. In these cases, a person’s surviving family members will not only suffer a great deal of emotional pain, but they may also experience significant financial difficulties. In addition to the loss of the income earned by the deceased person, there may have been a variety of other expenses, such as medical treatment prior to the person’s death and funeral and burial costs. In order to address the financial and personal impact of a loved one’s death, their survivors may be able to pursue a wrongful death lawsuit against the person who was responsible.

Wrongful Death Cases in Wisconsin

Wisconsin law defines wrongful death as the death of a person that is caused by another person’s “wrongful act, neglect, or default.” If a victim could have sought compensation from the liable party through a personal injury lawsuit had the death not occurred, their survivors may pursue a wrongful death claim. Eligible survivors include a spouse or domestic partner, children, parents, and in some cases, siblings. The personal representative of a person’s estate may also file a wrongful death action.

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Appleton, WI injury lawsuit attorneyA serious injury can have a huge impact on your life and your finances. In addition to paying for medical treatment, you may lose income if you are unable to work while you are recovering, and you may require ongoing rehabilitation or accommodations for disabilities. In many cases, a personal injury lawsuit will allow you to recover compensation from the person responsible for your injuries. However, if your injury was caused by a friend or family member, you will probably be hesitant to take legal action against them, since you do not want to jeopardize an important personal relationship. Fortunately, Wisconsin’s direct action statute may allow you to recover compensation from the person’s insurance company rather than bringing a lawsuit against them.

What Is Direct Action?

Wisconsin statute 632.24 states that an insurer is liable for damages caused by a person covered by an insurance policy, up to the policy limits. This is a law that is unique to the state of Wisconsin, and it allows an injured person to pursue a lawsuit against an insurance company rather than (or in addition to) the person who caused the injury.

Under this law, you can avoid taking legal action against a family member or friend who acted negligently and caused injuries or other damages. This can be beneficial in a wide variety of situations, including:

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Appleton brain injury lawyerEvery year, thousands of Americans suffer brain trauma that can dramatically impact the rest of their lives. Traumatic brain injuries can result from a jolt or blow to the head that ultimately causes some sort of physical damage to the brain. In serious cases, the brain can be bruised, ruptured, or suffer internal bleeding. In many instances, traumatic brain injuries occur due to the negligence of another party. Below, we will look at some of the instances in which you could seek out injury compensation after suffering brain trauma. 

When Do Injuries to the Brain Occur? 

Here in the United States, brain trauma is incredibly common. According to the Centers for Disease Control and Prevention (CDC), approximately 2.87 million people suffered traumatic brain injuries that required medical attention in 2014. Of those injuries, 56,800 ultimately proved fatal. If a member of your family suffers an injury to the brain, it is likely that your family is entitled to injury compensation. Brain injuries can be caused by:

  • Car Accidents: In 2014, car accidents were the second leading cause of all traumatic brain injuries, accounting for upwards of 20% of trauma instances. Unfortunately, serious brain damage can occur in even the most minor of car accidents. Even if a person is properly utilizing their seat belt restraint system, the impact of a collision can result in injuries ranging from minor concussions to significant bruising of the brain. In a large percentage of motor vehicle collisions, the collision occurred due to reckless driving (such as speeding, drinking and driving, or swerving from lane to lane). Your family should not suffer financially due to the reckless actions of another driver.  
  • Workplace Injuries: Every year, millions of Americans are injured while working. According to the United States Department of Labor, 5,147 workers were fatally injured while on the job in 2017. While workplace injuries can occur in any field of labor, the construction industry is notorious for worker injuries. Two of the most common construction work injuries are falls and being struck by objects. In both of these types of accidents, injuries to the brain are highly likely. After an employee suffers an injury, many companies will fight to avoid paying full injury compensation. In these cases, it is important to secure representation from a skilled attorney. 
  • Slipping at an Establishment: If there are slick or slippery surfaces in a business such as a store or restaurant, this can result in dangerous falls. In many cases, falls can be incredibly harmful for the most vulnerable members of our families. Falls are the leading cause of hospitalization among Americans over the age of 65 and under the age of 17. In all, falls accounted for 48% of brain trauma hospitalizations in 2014. 

Contact an Appleton Attorney For Brain Injury Victims 

When a person suffers serious brain trauma, the accident can affect their whole family. An injury to the brain can significantly impact a person’s quality of life, and it will often come with tremendous medical expenses. At Herrling Clark Law Firm, Ltd., we are prepared to do whatever it takes to ensure that our clients are awarded the injury compensation they deserve. Understanding the financial toll of an injury of such magnitude, our firm offers free consultations to all of our clients. To schedule a complimentary initial meeting with a compassionate Green Bay personal injury lawyer, contact us at 920-739-7366. 

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Appleton Office
800 North Lynndale Drive
Appleton, WI
54914-3017
(920) 739-7366
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Green Bay Office
2740 South Oneida Street
Green Bay, WI
54304-5751
(920) 468-7366
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New London Office
105 East Waupaca Street
New London, WI
54961-1227
(920) 982-9652
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Oshkosh Office
510 North Koeller Street
Oshkosh, WI
54902
(920) 385-0616
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  • 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.
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