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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.

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Wisconsin personal injury lawyer, medical evaluationAfter you are involved in an accident, emergency personnel are often called to the scene to identify whether or not emergency care is required. If it is determined that you do not need to be immediately transported in an ambulance, you may believe that you are “fine” and do not need any further medical attention. However, emergency medical teams only conduct a cursory examination to identify serious or life-threatening conditions and they do not look for all types of personal injuries. For this reason and more, going to the emergency department or doctor as soon as possible after any type of accident is recommended.

Diagnosis of Injuries is Important for Your Health

In some cases, it may be very obvious that you have been injured due to pain, bleeding, or other symptoms. In other situations, however, injuries may not have immediate or recognizable signs or symptoms. This can often be the case with the following injuries:

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Appleton personal injury attorney, personal injury caseIn recent years, posting personal details of your life on various social media websites for hundreds of your friends, family, and acquaintances to see has become the “norm.” While social media is a great way to stay connected to others, it can be a potentially harmful in some situations. One scenario in which you want to largely avoid posting on social media is during a personal injury case.

Courts May Allow Social Media Posts And Photos As Evidence

If your personal injury case does not settle and you have to file a lawsuit, the opposing party and his or her attorney will likely be searching for ways to avoid liability or limit the damages they are responsible for by showing any of the following:

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fatal head injuries, Wisconsin Personal Injury LawyerA recent incident that made international headlines demonstrates the severity of an unexpected head injury. On August 24, 2015, 37-year-old Justin Wilson—a longtime IndyCar driver—succumbed to a severe head injury, leaving behind his wife and two young children. He had been in a coma since a freak accident occurred the day before during a race on the Pocono Raceway in Pennsylvania.

Toward the end of the 200-lap race, the lead driver lost control and crashed, causing debris to fly off his car and back toward the drivers behind him—a type of situation particularly dangerous during IndyCar races since the racing vehicles have open tops which leave a driver's head exposed. For this reason, drivers have little more than a helmet to protect them from head and brain injuries. When a large metal nose cone came off the wrecked vehicle and careened into Wilson's vehicle, it hit Wilson in the head and caused him to lose consciousness. Wilson was in a coma until he passed away from his injuries the next day.

Head Injuries Can Occur in a Number of Ways

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injuries happen at school, Wisconsin Personal Injury LawyerWith the beginning of the school year quickly approaching, many parents will send their children off into the care of other adults each weekday for the next several months.

Parents should be able to trust that their children will be safe from harm while at school; however, injuries do occur on a regular basis in a wide variety of school-related accidents, many of which occur due to a school's negligence. In certain cases, an injured child has the legal right to receive compensation from a school or party that was responsible for the child's injuries.

Common Types of Injuries at Schools

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When most people think of distracted driving, they likely think of texting, checking Facebook, emailing, or other similar handheld mobile device activities. However, several other seemingly innocuous occurrences can be distracting enough to lead to an accident. The following are examples of surprising cognitive driver distractions that should be avoided whenever possible.

In-Car “Infotainment” Systems

In response to the dangers of looking at a smartphone or GPS device, various vehicle manufacturers have begun installing in-car infotainment systems that can be voice-controlled. Drivers may assume that these systems are automatically safe to use because they do not require a driver to remove his or her hands from the wheel. However, using voice commands to dictate text messages and emails, program a GPS, change the radio, or make phone calls can cause significant cognitive distractions.

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electrocution injuries, Green Bay Personal Injury LawyerWhat is Electrocution?

Electrocution occurs when an individual is exposed to a high voltage electrical current. The effects of this shock can range from relatively minor wounds to death. Factors that contribute to the severity of electrocution include the following:

  • Type of circuit and current;

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spinal cord injuries, Wisconsin Personal Injury LawyerOne of the most devastating injuries you can sustain is damage to your spinal cord. Direct trauma to the spinal cord can cause compression of the vertebrae, fracture to the cord, or can even completely sever your spinal column. Such injuries damage or destroy nerve cells that transport information from the brain to the body and can therefore result in serious physical and sensory limitations. While some spinal injuries can completely heal, victims can experience permanent paralysis below the location of the damage.

Spinal cord injuries occur in a number of ways, including:

  • Auto accidents;

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burn injuries, psychological effects of burn injuries, Wisconsin Personal Injury LawyerAccording to the American Burn Association, an estimated 40,000 individuals suffer burn injuries that require hospitalization or extended stays in burn centers. Medical treatment for severe burn injuries has much improved in modern times and the survival rate for burns is nearly 97 percent. However, even after injuries are stabilized, burn victims are commonly left facing a long road to recovery that may include significant pain, extensive and invasive treatments, and scars and disfigurements. It is no surprise that the majority of burn victims also suffer from serious psychological distress or mental conditions.

Distress Can Vary from Case to Case

No two burns are exactly the same, and thus no two burn center patients will feel the same emotional effects of their injuries. Some of the common causes of psychological distress in burn patients include the following:

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injuries suffered in bicycle accidents, Wisconsin Personal Injury LawyerAny type of traffic-related accident can be dangerous and has the potential to cause serious injuries. However, some people tend to be at greater risk for more severe injuries than others. Specifically, individuals who ride bicycles on or near roadways often suffer devastating injuries in the event of a collision.

The National Highway Traffic Safety Administration (NHTSA) reports that in 2013 alone, approximately 48,000 cyclists sustained injuries in accidents and an additional 743 cyclists did not survive their injuries.

While varying factors can lead to a bicycle accident, driver error, road hazards, and other forms of negligence are often to blame. If you have suffered injuries in a bicycle accident, call an Appleton personal injury lawyer for help today. We are available to help you identify who caused your accident and obtain your deserved compensation for medical expenses, lost income and benefits, and much more.

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fault in civil actions, Wisconsin Personal Injury Lawyer

Fault is an important concept in most civil legal interactions—such as a lawsuit after a car accident. If one party asserts that another has caused him or her some sort of harm, several preliminary questions must be answered. Who is to blame? How much blame falls on each party? Was one party more at fault than the other?

When determining fault, states use one of three different approaches. Each approach can result in an entirely different outcome. Thus, an important step in preparing a civil action is understanding the different theories of fault that may govern the outcome of your case.

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supreme court, Oconomowoc gas explosion, Wisconsin personal injury lawyerThe Wisconsin Supreme Court has ruled that an insurer, responsible for specific liabilities, must share the costs and contribute to the settlement paid to victims of a gas explosion accident at a city construction site. This decision will lead to victims of the accident receiving compensation for their injuries at a faster rate.

Explosion in Oconomowoc

The ruling stems from a 2008 explosion in Oconomowoc, Wisconsin. The contractor, Dorner Inc., was engaged in road construction and underground excavation to install new sewer lines in front of the First Baptist Church at W. Wisconsin Ave. and Worthington Street. In the course of their work, employees came across a natural gas line—one they incorrectly determined to be inactive.

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Appleton personal injury lawyers, Berry Picking Statute, Green Bay personal injury lawyers, Herrling Clark Law Firm Ltd., recreational activities, recreational activities law, recreational vehicle accidents, snowmobiling, Wisconsin personal injury lawyerRecreational activities such as snowmobiling, sledding, hunting, fishing, camping, and berry picking are popular in Wisconsin. However, if you or a loved one has suffered an injury during one of these activities, you may have been told there is no way to recover for your injuries under current Wisconsin law. But, with an experienced attorney who understands the complexities of Wisconsin's recreational activities law, you may be able to recover damages.

Wisconsin Law and the Berry Picking Statute

Wisconsin Statute 895.52, formerly known as the “Berry Picking Statute,” protects landowners who allow the public to use their property to engage in recreational activities (such as snowmobiling or berry picking). The law currently does not require a landowner to keep the property safe, inspect it, or give warning to others of an unsafe condition on the property. This protects an owner (or grants him or her immunity) from liability for injuries that may occur on the property. No longer referred to as the Berry Picking Statute, section 895.52 of the Wisconsin Statutes is now known as Wisconsin's recreational immunity law.

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car accident fatalities, Wisconsin personal injury lawyer, driver negligence, pedestrian accident, wrongful death, pedestrian fatality, Kaukauna Wisconsin, Green Bay, Appleton Wisconsin, Herrling Clark Law Firm Ltd., pedestrian injuryCar accidents occur at an alarming rate throughout the United States. In fact, in 2012, 109,385 traffic crashes occurred in Wisconsin alone. Of those crashes, 601 people were killed. Losing a loved one in car accident can be devastating, especially when it is due to another driver's negligence. Although there is nothing that can be done to bring a loved one back, pursuing a cause of action on behalf of the deceased may help alleviate some of the financial burden a family may face in the wake of a tragedy.

Pedestrian is Struck by a Car and Faces Serious Injuries 

It was recently reported that a 63-year-old man was hit by a car while trying to get into his own vehicle. The man was taken to the hospital and is facing life-threatening injuries. The 30-year-old driver, however, left the scene unscathed. The accident, which occurred Monday in Kaukauna, Wisconsin, is currently under investigation.

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Appleton personal injury lawyers, drunk driving accidents, Green Bay personal injury lawyers, Herrling Clark Law Firm Ltd., punitive damages, Wisconsin personal injury lawyerLosing a loved one in a car accident can be a tragic and traumatic experience. When the accident is the fault of an intoxicated driver, it is normal for other feelings such as anger and hostility to arise. According to the Wisconsin Department of Transportation, there were more than 33,000 convictions for drunken driving offenses in Wisconsin in 2012 alone. Given the high volume of convictions, it is clear that some Wisconsin residents do not grasp the seriousness of getting behind the wheel after consuming alcohol and that more drastic measures need to be taken to protect our loved ones from being victims of drunk driving accidents.

Wisconsin Judges Face Scrutiny for Failing to Adhere to Minimum Sentencing Guidelines

The Associated Press recently reported that in more than a half a dozen cases, Wisconsin judges have imposed sentences on habitual drunk drivers that fall below certain statutory minimums. An investigation revealed that some judges failed to place Operating While Intoxicated (OWI) offenders, who had recently been released from jail, on probation.

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personal injury case, Wisconsin personal injury lawyer, emotional distress, emotional trauma, pain and suffering, non-economic damages, economic damages, medical expenses, medical bills, lost wages, personal injury lawsuit, Green Bay personal injury attorney, Appleton personal injury attorney, recover damagesBeing the victim of an accident can be a traumatic and life-changing experience. Serious injuries can result following all types of incidents including car accidents, motorcycle accidents, bicycle accidents, workplace accidents, and even dog attacks. However, when an accident is caused by someone else's negligent or reckless conduct, the victim may be entitled to compensation. In addition to the medical expenses incurred to treat the accident-related injuries, the person liable for the accident may be responsible for other damages that resulted from the accident. Personal injury lawsuits are designed to compensate victims for injuries sustained to a person's body or emotional well-being. Thus, filing a personal injury lawsuit may be the best way for a victim to make his or her life whole again after an accident.

Types of Damages 

Once liability is established in a personal injury case, the next step is to calculate the amount of damages the victim is entitled to receive. Wisconsin follows a modified comparative fault system for recovering damages, adhering to the “51% rule.” Accordingly, the victim's award of damages is reduced by his or her percentage of fault in the accident, as long as the victim's percentage of fault is less than 51%. An injured party who is more than 51% at fault for his or her injuries cannot recover from another party.

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Green Bay boating accidents attorney, Wisconsin boating accident, serious injuries, Wisconsin personal injury lawyer, boating accidents, Wisconsin boat owners, boater safety, boater DUIWisconsin is home to about 15,000 lakes and has access to Lake Michigan, Lake Superior, and the Mississippi River. Nestled close to Lake Michigan, Green Bay is a prime location to take out a boat on the water during a hot summer day. Although boat owners typically take out their boats during popular holidays such as the 4th of July, Memorial Day, and Labor Day, Wisconsin boat owners have the option to take advantage of the beautiful blue waters of Lake Michigan any day they want, as long as the weather is cooperative.

Although it can be a lot of fun to hang out on a boat and partake in boating activities such as tubing and jet skiing, boaters must also be careful to avoid a boating accident. In fact, the Wisconsin Department of Natural Resources released an annual report stating that there were 87 boating accidents resulting in 13 fatalities in 2013. However, the report also indicated that the amount of Wisconsin boating accidents and fatalities was lower in 2013 than in previous years.

Wisconsin Law Regarding Boating Accidents

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Posted on in Car Accidents

Appleton personal injury attorney, automobile accidents, drive drowsy, drowsy driving, fatigued driving, Herrling Clark Law Firm Ltd., Wisconsin personal injury lawyerAccording to the National Highway Traffic Safety Administration (NHTSA), there are about 100,000 automobile accidents a year caused by drivers who are fatigued or driving drowsy. This number already may seem high, but it is actually even higher since drowsy driving is often underreported and there is no test to determine whether a driver fell asleep at the wheel.

Currently, there are only a handful of states that have enacted laws related to drowsy driving. For example, states like New York and Arkansas have classified fatigued driving as a Class A Misdemeanor that is punishable by law. Although some states have set aside a month or a week to generate awareness about “Drowsy Driving Prevention,” there is an overall shortage in most other states like Wisconsin.

What is Fatigued Driving? 

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monitor pedestrian safety, Green Bay pedestrian accident attorneys, Operation Frogger, pedestrian safety, Wisconsin Law, Wisconsin personal injury lawyerPedestrian accidents in Wisconsin may seem high now, but they have been decreasing over the past few decades. According to the Wisconsin Department of Transportation (WDOT), 1,277 crashes involving pedestrians occurred in Wisconsin in 2012 alone. Since 1990, Wisconsin has worked hard to decrease the number of pedestrian accidents by focusing its efforts on areas such as enforcement, education, and emergency response. As a result of these efforts, pedestrian-related accidents in Wisconsin have decreased by 40 percent since 1990. Moreover, these numbers should continue to fall due to a new campaign created by the Green Bay Police Department targeted to promote pedestrian safety.

Operation Frogger 

The Green Bay Police have found a fun way to remind drivers that they must yield to pedestrians or pay a fine by referencing a popular arcade video game from the 1980's called Frogger. The object of the game Frogger is to get the main character, symbolized by a frog, to cross a busy street without being hit by various objects. Although it is a simple concept, Green Bay Police will post signs on the side of the road that will say “frog ahead” and will show a picture of a computerized frog. Their hope is that drivers will pay more attention to pedestrians and proceed with caution when pedestrians cross the road.

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Appleton burn injury lawyers, burn injuries, Herrling Clark Law Firm Ltd., Wisconsin personal injury lawyer, Fond Du Lac, hotel fireBurn injuries sustained from a fire can be severe and have long-lasting effects on a person's quality of life. Unfortunately, burn injuries from fires, especially those in buildings, are sadly common. According to the United States Fire Administration, 13,900 people suffered from injuries due to residential building fires in 2011 alone. After a traumatic injury, victims of burn injuries can be faced with medical bills, loss of income, and other debilitating consequences. When a person sustains an injury because of someone else's fault, victims are entitled to receive compensation for their injuries and other hardships stemming from the accident.

It was recently reported that a fire in the Comfort Inn located in Fond Du Lac forced the hotel to close. Apparently, the fire started outside of the hotel near the door around 9:15 a.m. The cause of the fire is still unknown and fire investigators were called on-scene to investigate. The hotel staff quickly evacuated all of the hotel guests, although two guests sustained injuries. The hotel was completely booked and all 78 rooms were occupied because of the Rock USA festival in Oshkosh. Fire departments from neighboring towns were called on-scene for additional help. Luckily the firefighters were able to put out the fire swiftly, otherwise more people could have been injured. If the fire was caused because of the hotel's negligence, those who sustained injuries may be able to receive compensation for their injuries.

Burn Injuries 

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Appleton Office
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Appleton, WI
54914-3017
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Green Bay, WI
54304-5751
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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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