Herrling Clark Law Firm Ltd.
When Your Future is at Stake
Subscribe to this list via RSS Blog posts tagged in personal injury

Appleton car accident attorney soft tissue injuriesA car accident can cause a variety of different injuries, including concussions, fractured bones, whiplash, and internal bleeding. One issue that is often not considered, however, is the fact that a crash can also cause different forms of soreness throughout the body. An automobile accident that occurs at 40 miles per hour can involve impact forces up to 12,227 pounds. This type of pressure can cause significant pain in many areas of the body, and this may indicate serious underlying injuries. If you have been involved in a car accident, it is important to discuss your case with a knowledgeable personal injury attorney to determine your next steps. In the meantime, here are three things that victims should understand about post-accident soreness:

1. Soft Tissue Injuries Are Very Common

Whiplash is one of the most common injuries that can result from a car accident. This type of injury is characterized by strained neck muscles, tendons, and ligaments, and it can occur when the neck and head are jolted back and forth in a rapid motion. The headaches and resulting soreness can last for days, weeks, or even months. A person may also experience torn muscles or ligaments, and this can lead to scar tissue that causes significant and ongoing complications.

Soreness may intensify in the days following the crash. Due to the possibility of delayed soreness, it is important for accident victims to receive a medical exam immediately after the incident. Treatments such as chiropractic care, physical therapy, or gentle exercises are often recommended to auto accident victims.

...

Green Bay traumatic brain injury attorneyAccording to the Brain Injury Research Institute, concussions are among the most common types of traumatic brain injuries (TBI). Any time a person's head is bumped or jolted, they may experience a concussion. Car accidents often lead to concussions, whether they occur at fast or slow speeds. If you have suffered a brain injury in a motor vehicle collision that was caused by someone else’s negligence, you should speak with a personal injury attorney to learn how you can receive financial compensation.

Common Symptoms of a Concussion

After an accident takes place, a person who has suffered a concussion may lose consciousness, vomit, or become disoriented. Other potential symptoms of concussions include nausea, head and neck pain, dizziness, fatigue, mood changes, irritability, and insomnia. Even if a person receives a mild concussion, it is wise to seek medical treatment immediately, since records related to this treatment can be used when making a personal injury claim.

Treating Concussions

Concussions can vary in severity, and in most cases, the best form of treatment is to rest and allow oneself enough time to recover. In order for the brain to heal and to reduce the chances of re-injury, most concussion victims are instructed to avoid strenuous activities, such as exercise and sports. Physical therapy, however, is a common practice that can be helpful. This form of treatment may last for several weeks or months.

...

Appleton wrongful death attorneyDeath is never easy, but it can be especially difficult to deal with if a person was killed because of someone else’s negligent actions. Even if the death was not intentional, a person’s surviving family members will be forced to deal with the financial challenges and emotional anguish that are involved in their loved one’s passing. Although financial compensation cannot bring someone back, a wrongful death claim can help address the monetary setbacks that resulted from the death. If your loved one has died because of the careless actions of another person or company, you should speak with an experienced personal injury attorney to determine the steps you should take to address the damages your family has suffered.

Common Causes of Wrongful Death

Although wrongful deaths can occur for a wide variety of reasons, there are certain situations that present a higher risk of a person being killed due to someone else’s negligence. Most commonly, wrongful deaths occur because of:

Pursue a Wrongful Death Claim

According to Wisconsin Statute 893.54, a wrongful death claim must be filed within two years after a person was killed in a car accident, or three years after a death occurred because of another type of negligent act. The surviving family members of the deceased have a right to seek compensation for:

...

Appleton, WI RV accident attorneyDuring the official camping season, it is not unusual to see recreational vehicles (RVs) flood the streets and campgrounds, especially on the weekends. However, because of their ability to be winterized, RVs can be utilized throughout the colder months as well. The phrase “recreational vehicle” is an umbrella term that includes campers, fifth wheel trailers, and motor homes. According to the Fatality Analysis Reporting System (FARS), although RV accidents occur less frequently than car or semi-truck accidents, they can still cause property damage, serious injuries, and fatalities. If you or a loved one have been the victim of an RV accident, speaking with a personal injury attorney could help strengthen your claim for compensation.

Common Causes of RV Accidents

As with any motor vehicle accident, there are several factors at play when determining the cause of an RV crash. Among the many reasons that can be linked to an automobile collision, inclement weather conditions and a driver’s negligence are among the most common.

Per Wisconsin Department of Transportation regulations, an RV operator is not required to hold a CDL license, as long as the vehicle is no longer than 45 feet and is not used for commercial purposes. The most common causes of RV accidents include:

...

Green Bay, WI trucking accident attorneyWhen a passenger vehicle is involved in a collision with an 18-wheeler truck, the crash and the resulting aftermath can be catastrophic. According to data from the Federal Motor Carrier Safety Administration for 2017, approximately 121,000 trucks and large buses were involved in crashes that resulted in serious injuries. Due to the heavy loads and long stopping times of semi-trailer trucks, their drivers must take a great deal of care to operate these vehicles safely. Negligence by truck drivers can lead to deadly accidents, and drivers and passengers of other vehicles are likely to be seriously injured or killed in these types of collisions. If you or a loved one have sustained a serious injury as a result of a truck driver’s negligence, you should consult with a knowledgeable personal injury attorney to determine how you can hold the liable party or parties responsible.

Truck Driver Negligence

Most car accidents are caused by the negligence of at least one of the drivers, and that is true of truck accidents as well. Truck driver negligence comes in many forms, including:

  • Lack of attention to the road (e.g., texting or reading a map)
  • Truck driver fatigue (e.g., failing to stop and rest after driving for a certain number of hours)
  • Speeding 
  • Aggressive or reckless driving
  • Failing to keep up with truck maintenance 
  • Knowingly driving an overloaded or poorly maintained truck
  • Driving under the influence of drugs or alcohol
  • Driving with an unmanaged medical condition

As with any car accident, a truck accident victim should document as much as possible after a collision. This includes photographic evidence, eye witness statements, and detailed logs of the victim’s physical symptoms and the medical treatment received. 

...

Appleton auto accident lawyer for passenger injuriesWhen a car is involved in an auto accident, the driver may not be the only victim. If there was a passenger inside the vehicle, he or she may have also sustained a personal injury. The aftermath of a car crash can result in a person suffering from serious injuries, head, neck and spine complications, or even wrongful death. In these cases, a passenger may be able to seek compensation for their injuries. Determining who was at fault may be the biggest hurdle an injured passenger may face, and to ensure that the liable parties are held responsible, it is important to speak to an experienced attorney. 

Receiving Compensation for Passenger Injuries

If you have suffered an injury due to another person's careless actions or negligence, you may be entitled to financial compensation. Depending on the extent of your injury, you may suffer both physical and mental setbacks. The severity of your injury can be a factor when determining the amount of compensation owed. You may be able to recover damages that include:

  • Medical bills
  • Loss of past and future wages
  • Pain and suffering
  • Additional accommodations required while recovering

Determining Who Is at Fault

In any personal injury case, the liable party or parties may be held accountable for injuries and damages that occurred because of their actions. As a victim, you can help strengthen your claim by:

...

Green Bay Car Crash Injury Lawyer

Even in the best weather conditions, car accidents can create emotional, physical, and financial strain. As autumn shifts into winter, the risk of motor vehicle crashes can increase. According to The Weather Channel, weather-related auto accidents cause more deaths than natural disasters each year, and the worst period of time for these types of crashes extends from late fall into early spring. Ice, heavy snow, and sleet can contribute to accidents, causing both personal injuries and vehicle damage. Although the weather in Wisconsin cannot be changed, drivers should follow these steps to reduce the probability of an auto accident:

1. Take Extra Care in Cold Weather

Traffic can make commutes stressful, but adding ice or snow to the mix can make the trip longer and more dangerous. Thick snow can limit a driver’s visibility, while ice can make it impossible to slow down and stop quickly. Black ice can be especially dangerous, increasing the risk of rear-end collisions or causing a driver to skid out of control and crash into another vehicle, object, or pedestrian. Drivers should reduce the risk of skidding by driving at a reduced speed and avoiding sudden turns. They should also avoid tailgating, since if they are following too closely, they will likely not have enough traction to stop in time if the vehicle in front slows down suddenly. 

...

Green Bay auto accident attorney for burn injuries

If you are involved in a car accident, you may suffer a variety of serious injuries. Cuts, bruises, whiplash, traumatic brain injuries, or broken bones can cause you a great deal of pain and suffering, and they can have a long-term impact on your health and well-being. Burn injuries can also occur in an automobile crash, and in these cases, a skilled attorney can help you determine who was responsible for these injuries and work to recover compensation from all liable parties.

Causes of Car Accident Fires

According to the National Fire Incident Reporting System (NFIRS), more than 170,000 highway vehicle fires occur each year in the United States. Furthermore, the NFIRS has reported that:

...

Appleton car accident lawyerIf you are involved in a car accident, your adrenaline may start to flow, and many different thoughts can go through your head. Fear and confusion may settle in, leaving you unsure about how to proceed. Regardless of who was at fault for the collision, panic can affect your judgment, leading to impulsive decisions being made. After a car crash ensues, there are certain mistakes that you should avoid in order to protect your rights:

Leaving the Scene

After being involved in any sort of car accident, all of the drivers should come together and discuss the situation. Whether it is a major accident or a minor bump, every driver should be checked on, injuries or damage should be documented, information should be exchanged, and a report should be made with law enforcement. Injuries may not make themselves known right away, and damage might not be noticed at first glance, so it is important to cover all of your bases.

Putting Yourself in Further Danger

After a collision, everyone involved should relocate to a safer area if possible. Moving to the side of the road or a nearby parking lot can allow each party to safely discuss the situation and document any damage without fear of being injured further.

...

Green Bay, WI car accident lawyer weather conditionsAlthough car accidents are often sudden and unexpected, drivers should always take care and follow the proper safety precautions to avoid a collision. Property damage, personal injuries, and wrongful deaths can all result from a car crash. Weather conditions can often play a role in these cases, and a driver should pay close attention to visibility and reaction time when operating a motor vehicle in inclement weather such as heavy fog. Due to the density of fog and its prevalence early in the morning and late at night, it is commonly linked to car crashes. While navigating foggy roads, drivers should take care to avoid an accident by doing the following:

1. Do Not Tailgate

Fog can be very dense, making it nearly impossible to see through. With limited visibility, the likelihood of a rear-end collision or striking an unseen pedestrian or object may vastly increase. When driving in fog, drivers should leave plenty of space between themselves and the surrounding vehicles.   

2. Use a Vehicle’s Resources

Cars and trucks have built-in features that are designed to help a motorist safely operate their vehicle in a variety of conditions. Windshield wipers, defrosters, and low beam headlights can all assist with increasing one’s visibility when driving in foggy conditions. A common misbelief, however, is that high beam headlights can help a motorist navigate through fog more easily.  Although the use of high beam headlights may increase the distance in which a driver can see, it can also create reflections in the fog’s water molecules, further decreasing the driver's visibility. 

...

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

...

Green Bay, WI wrongful death lawyerWhenever a family member or loved one dies, the person’s survivors are likely to experience a great deal of emotional pain and sorrow. In order to get closure and try to move on from the difficult situation, friends and family members may try to understand the reasons behind the death. If there is justification to believe that negligence or improper acts led to the person being killed, the family members of the deceased may be able to pursue a wrongful death claim. If an unforeseen passing has struck someone close to you, discussing your legal options with an experienced attorney could provide insight into your situation.

Was the Death Wrongful?

Friends and family members may be looking to hold somebody responsible for their loved one’s death. However, every situation is different, and the circumstances behind a death must be closely examined to determine whether negligence played a role. For example, if a pedestrian was looking at his or her cell phone and did not obey traffic signals when crossing a street, and he or she died from being hit by a car, it may be determined that the driver was not at fault. The driver may be able to show that he or she was following the rules of the road and did everything in his or her power to prevent an accident.

Looking at a different scenario, what if negligence did occur, and the result was an innocent person being killed? For example, if a person was sending a text while driving, lost control of his or her car, and struck and killed a pedestrian on the sidewalk, the driver could be held responsible for his or her actions. The driver’s failure to pay attention to the road would likely be considered negligence, and he or she would be responsible for causing the death of the victim. 

...

Appleton, WI auto accident lawyer seat belt use

Any automobile sold or operated in the state of Wisconsin must be equipped with proper working safety belts. All drivers and passengers above the age of four are required to wear seat belts when the vehicle is in use, and children under the age of four must be properly restrained in a child safety seat. Children over the age of four must use a booster seat until they are eight years old, over 80 pounds, or taller than 4’9”. Since a car crash can happen in the blink of an eye, seat belts are designed to reduce injuries and save lives. However, what if a person who was injured in a car accident was not wearing a seat belt? Can they still recover compensation from an at-fault driver?

What Is the Primary Enforcement Seat Belt Law?

Seat belt laws across the United States are divided into two categories: primary and secondary. 34 states, including Wisconsin, have enacted the primary option, which allows law enforcement to issue a ticket to the driver or passenger who is not wearing a seat belt, regardless of whether another traffic offense took place. For these offenders, the state of Wisconsin will issue a fine of $10, although there will be no points assigned to a person's record. 

...

Green Bay auto accident lawyer for rear-end collision injuries

Throughout the United States, millions of people use cars and trucks every day as a means of transportation. For many of these drivers, time is of the essence, but it is critical for everyone to follow the established traffic laws and utilize safety precautions. Car accidents can happen in the blink of an eye, and even if a driver is taking measures to protect their own safety, the negligence of others can result in serious injuries and wrongful deaths

While rear-end collisions may seem less dangerous than other types of accidents, they can be just as deadly. In fact, in 2016, there were 2,350 reported fatalities in rear-end collisions. Although these accidents may seem to be easily avoidable, statistics indicate otherwise. A variety of reckless driving habits and other factors can play a role in causing a rear-end car accident, including:

...

Appleton personal injury attorney for pedestrian accidents

Based on the statistics that have been reported, many common pedestrian acts, such as going for a walk or run, have become rather dangerous. Looking over trends from recent years, the Centers for Disease Control and Prevention (CDC) reported that roughly 129,000 pedestrians required treatment in emergency rooms for non-fatal crash-related injuries in 2015. The CDC has also reported that in 2016, 5,987 pedestrians died in traffic crashes. Additionally, the National Center for Health Statistics estimated that in 2017 there were 7,450 pedestrian deaths in traffic or non-traffic incidents. Pedestrian accidents can result in serious injuries, extensive medical costs, or wrongful death

In many cases, injuries to pedestrians occur due to negligence on the part of drivers of motor vehicles. To avoid being seriously injured in a collision with a car or truck, pedestrians can take these measures to try to stay safe:

...

Green Bay, WI car accident attorney

Male or female, young or old, any person that has the misfortune of being involved in a car accident can sustain life-long injuries and ailments that can affect them moving forward. Each fender-bender can affect a victim in a variety of ways, and mental, emotional, physical, and financial damages can all develop from an auto accident. Due to the severity of these injuries, car crash incidents can leave victims in a great deal of pain and cause them to worry about their quality of life.

...

Green Bay, WI pedestrian accident lawyerWhen a pedestrian is injured in a car accident, the motorist who struck a person on foot may be held responsible for harm caused to the victim. Incidents that involve a pedestrian can be complex due to the damages and injuries that can occur in a collision, as well as the potential reasons behind the crash. Several factors should be considered when determining negligence.   

What Factors Can Lead to a Driver's Negligence?

If a person driving a vehicle looks away from the road, even for a split-second, he or she could cause a devastating accident. Motorists have a responsibility to the community to follow safe driving procedures. In an effort to avoid a potential car accident, a driver should refrain from these negligent driving behaviors: 

  • Not paying attention to pedestrians
  • Failing to use caution in bad weather conditions or at night
  • Not stopping or yielding at a crosswalk
  • Operating a vehicle while under the influence of drugs or alcohol
  • Driving while distracted
  • Not following driving laws

A driver should take every possible precaution when he or she is operating a vehicle. Although a car crash can be impossible to predict, certain actions can reduce the risk of a collision. 

...

Green Bay bike accident lawyer

Due to the growing number of vehicles on the road, it should not be a surprise that car accidents involving bicycles are becoming more prevalent. In 2016, one bicyclist was either injured or killed every 10.2 hours in the state of Wisconsin. Due to the large size and weight of motor vehicles, bicyclists can suffer serious injuries when struck by a car or truck. Even though a cyclist has the same rights as any other vehicle, a rider may want to consider these safety tips before hitting the road:

Obey Traffic Laws

While children who are learning to ride bikes and are being supervised by adults may ride on sidewalks, most cyclists should ride on the road and obey traffic laws. Depending on the community you are in, sidewalk riding may be illegal for certain ages and areas. Before a bicyclist begins riding in the street, it is important to know the rules that should be followed. In Wisconsin, a cyclist must:

...

Appleton motorcycle accident lawyer lane splitting

Safety should be a top priority for anyone that is operating a vehicle. Auto accidents involving a car or motorcycle can result in property damage, serious injuries, and wrongful deaths. Lane splitting, which is often referred to as traffic filtering or white lining, is the act of driving a motorcycle in between two lanes of traffic. Although lane splitting is illegal in Wisconsin, motorcyclists may violate traffic laws in this manner, and accidents can occur as a result. If you have been involved in a car accident that was caused by a motorist who violated the laws, you may be entitled to financial compensation.

Safe Driving Tactics

Traffic laws are meant to protect public safety while providing structure as vehicles traverse the roads. When you get behind the wheel, you expect your fellow motorists to obey the traffic laws and follow proper driving etiquette. Similar to speeding or tailgating, lane splitting can be a dangerous act that puts everyone on the road at risk. Driving lanes are designed to provide vehicle operators with enough space to safely control their vehicles. When a motorcyclist drives on the lines separating lanes, they encroach on other vehicles’ space, and this unexpected action can lead to an accident. Drivers may be unable to fully see motorcycles that are in their blind spots, and they may not be able to react in time to avoid a collision. 

...

Appleton personal injury lawyer

More and more people today are using bicycles as a mode of transportation, especially when traveling to work. This is a great form of exercise in addition to being a more economical way to reach your destination. Plus, since bicycles do not use gasoline like cars, they do not pollute the environment. Some cities across the United States have even taken steps to encourage bicycle use by designating “bike to work” months.

Bicycles are considered the same as other vehicles on Wisconsin roadways from a legal standpoint, so cyclists are required to follow all traffic laws, and other drivers should take care to share the road safely with them. As a bicyclist in Wisconsin, you may run the risk of being hit by a reckless driver or another bicyclist and therefore suffer a personal injury.

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