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Elkhorn Personal Injury Law Blog

Passenger injured in car accident might have grounds to sue

People in Wisconsin do not always pay enough attention to the risks they face when getting into other people's cars. Similarly, not all drivers realize that the safety of passengers is their responsibility and that any negligence can lead to a car accident and potential legal claims. However, passengers can take precautions to protect themselves, even though the driver has control of the vehicle.

Typical causes of car accidents include distracted and impaired driving, along with speeding and violating traffic laws. Tailgating and weaving between traffic lanes are dangerous driving habits, and the failure to adjust driving techniques in snow or rain can cause a crash in the blink of an eye. Drowsy drivers cause many accidents, and also inattentive drivers that fail to keep a lookout for road construction zones, debris on the roadway and animals or pedestrians walking on or across the road.

Medical malpractice suit claims surgery caused partial paralysis

Learning that one needs surgery is enough to cause anxiety for anyone. The reason for this trepidation might be the frequency of reports that appear in the media about medical malpractice in Wisconsin and elsewhere. One such a claim was recently filed in a civil court in another state. It followed a surgery that brought about adverse health consequences that affected the lives of the patient and his wife.

The lawsuit was filed by the couple against a medical facility in another state at which the man underwent surgery in May 2016. According to court documents, the plaintiffs allege that negligent practices left the man with nerve damage that was caused by spinal cord infarction. This is a stroke that can be caused by the closing of major arteries that supply blood to the spinal cord.

Medical malpractice: $11.35M awarded for birth injuries

The birth of a child to any Wisconsin family should be one of life's highlights, and when something goes wrong during the birth, it can be life-changing for the entire family. Sadly, birth injuries sometimes only become evident later when a child shows developmental and social problems. A jury in another state recently ruled in favor of a teenager who suffered brain injuries at birth. His parents filed a medical malpractice lawsuit against the doctor who handled the boy's birth.

Court documents indicate that the plaintiffs accuse the doctor of negligence in not providing care of an acceptable standard. They contended that this was the mother's first child, there were indications of a large baby, and it was determined that the child's head was not in the proper position for normal birth. For these reasons, they argued the doctor should have ordered a Caesarian section rather than using instruments during the birthing process. The child apparently had multiple bruises and contusions after the birth.

What level of recovery can be expected after DUI accident?

Victims of crashes caused by drunk drivers may suffer the consequences for the remainder of their lives. In fact, there have been cases in which children or infants suffer life-changing traumatic brain injuries in such accidents. Questions are sometimes asked by people in Wisconsin about the level of compensation a victim of a drunk driving accident can expect to be awarded by a civil court.

The court will look at different aspects when a monetary award is considered. Wisconsin supports the modified comparative negligence rules, meaning that the percentage of the victim's negligence -- if any -- will be deducted from any compensation that is awarded. Victims with injuries that will need long-term or life-long care may be awarded compensation to cover that care. This will be along with past medical expenses for the time between the accident and the court case.

Car accident kills 77-year-old passenger in Wisconsin

Many collisions on Wisconsin roads are caused by distracted drivers. Multiple things can cause distractions, including cell phone calls and text messages. Even a moment's distraction -- especially in snowy conditions -- can cause a driver to cross over the center line and into the path of other traffic. A cross-over car accident recently claimed the life of a passenger in Fond du Lac County.

In an official accident report, police noted that conditions were snowy and slippery on State 44 when a fatal accident occurred on a recent Saturday at approximately 10 a.m. The report indicates that a 52-year-old man was eastbound in a pickup truck outfitted with a plow when a car going west crossed the center line and landed directly in its path. The collision that followed caused the passenger in the car to be trapped inside the vehicle.

Is a learner's permit holder an uninsured motorist?

When there is a young learner's permit holder in a Wisconsin family, the parents may have questions about the need to get additional auto insurance. If that person is driving an already insured vehicle of the parents, the holder of the learner's permit will not be seen as an uninsured motorist. This is because auto insurance follows the vehicle and not the operator.

For that reason, as long as the car is insured, the driver will also be protected. However, insurance companies have different rules when it comes to the specification of drivers on auto insurance policies. Some would only require the driver to be added after he or she was involved in an accident while other companies need every driver -- or every member of the household -- to be specified.

Medical malpractice claim follows absence of informed consent

Doctors nationwide, including in Wisconsin, may not perform surgical procedures without informed consent by the patient. This is the right of a patient to be informed about the details of his or her condition, the planned treatment procedures and the associated risks. It must be presented in a language that is understandable and will allow the patient to make an informed decision about his or her treatment and health care. Failure to obtain such consent may constitute medical malpractice.

A doctor in another state is facing a medical malpractice lawsuit that was filed by a man who claims to have undergone a surgery for which he did not give informed consent. According to court documents, the plaintiff claims to have been under the impression that the treatment for his condition would involve no more than a laser method. However, when the bandages were removed two days later, he noticed the stitches closing the incision of a surgical procedure.

How do 'Beware of Dog' signs affect personal injury lawsuits?

Victims of dog attacks in Wisconsin will likely consider their legal options. However, dog owners are not necessarily always at fault, and various aspects will have to be considered to establish negligence in a personal injury lawsuit. While owners of dangerous dogs may believe that posting signs to warn people of the presence of dogs on their properties may prevent lawsuits, that may not necessarily get every Wisconsin dog owners off the hook.

A Beware of the Dog sign could be interpreted in two different ways by the law. Wisconsin has strict liability laws that govern dog owners, meaning that owners will automatically be held liable for unprovoked injuries caused by their dogs. The victim might claim that the owner posted the sign because he or she knew of vicious propensities or previous injuries. This argument, along with evidence of prior complaints might lead to a higher monetary judgment.

Wisconsin car accident claims life of 55-year-old passenger

Drivers in Wisconsin may not always realize that they are responsible for the safety of their passengers. If a driver's negligence causes a car accident that kills or injures a passenger, he or she may be held liable for damages. A recent collision on Highway 38 may lead to such a civil lawsuit.

According to a report by the Caledonia Police Department, the crash occurred shortly before noon on a recent Tuesday. It happened in an intersection on Highway 38 when a driver allegedly turned north without yielding to a southbound vehicle. The impact of the crash led to serious injuries to the occupants of the car that pulled directly into the path of the other vehicle.

Fatal DUI accident follows multiple warnings not to drive

A 38-year-old Wisconsin man is facing multiple charges after he allegedly caused a crash that caused death and injury on New Year's Day. A criminal complaint alleges that the accident followed a day of drinking at a tavern. Reportedly, the man arrived at the bar at approximately 10:30 a.m. and prepared to leave shortly before 6:30 p.m. after almost eight hours of consuming alcohol.

According to other patrons at the tavern, several people tried to stop the man from getting into his car, because, according to them, he was not sober enough to drive. Some suggested he call for a ride, and one man apparently even offered to pay for an Uber driver to take him home. However, they say he insisted that he was not going far, and would drive himself.

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Godfrey, Leibsle, Blackbourn & Howarth, S.C.

Godfrey, Leibsle,
Blackbourn & Howarth, S.C.

354 Seymour Court
Elkhorn, WI 53121

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