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Green Bay, WI personal injury attorney negligenceEvery year, tens of thousands of Americans suffer life-changing injuries in car accidents, as well as a wide variety of other situations. In many cases, these injuries occur because of another person’s negligence, or even due to someone’s intentional actions. When someone is responsible for the injuries you or your loved one have suffered, you may be able to pursue financial compensation through a personal injury claim. Here are a few things you should consider in these types of cases: 

  1. How to Demonstrate Negligence: In order to receive the compensation you deserve, you and your attorney will need to be able to show that your injury was the direct result of someone’s negligence. Your lawyer can work with you to obtain the evidence necessary to demonstrate negligence. For example, if you were injured in a car accident, your attorney can seek out security camera footage, statements from witnesses, police reports, and any other information that will be beneficial to your case.
  2. How to Calculate a Reasonable Settlement: Your attorney can work with you to help you gain a complete understanding of the damages you have suffered and the amount of compensation that you should receive. In addition to covering expenses related to immediate or ongoing medical treatment, your settlement may also address rehabilitation expenses, loss of income while recovering, loss of capacity to earn a living, future medical care, property damage, loss of companionship, and pain and suffering.
  3. Punitive Damages: In some personal injury cases, the actions of the person responsible may be considered egregious, and punitive damages may be appropriate. These damages are meant to punish the at-fault party and discourage them from similar behavior in the future. Punitive damages may be appropriate in car accident cases in which a person was driving while intoxicated or in other situations where a person showed a clear disregard for other people’s safety. 
  4. Be Patient: In the aftermath of a serious injury, it is understandable to be concerned about your family’s finances. However, while it may be tempting to accept a settlement offered by an insurance company, these initial offers are often much lower than what would be appropriate to address your financial needs. By consulting with an attorney, you can gain a full understanding of the damages you should be able to receive. We can negotiate with insurance companies on your behalf to ensure that you receive fair and just compensation.

Contact an Appleton, WI Personal Injury Attorney

At Herrling Clark Law Firm, Ltd., we understand the difficulties that a serious injury can cause to your family. We will work with you to gather the necessary evidence that shows that your injury was caused by someone else’s negligence, and we will advocate for you to receive financial compensation that fully addresses your damages. To schedule a free consultation with our understanding Green Bay personal injury lawyers, call our office today at 920-739-7366.

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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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