Not Guilty Verdict on OWI/PAC 2nd + Refusal Case

Criminal Defense Attorney Katie Bosworth met victory in a recent Not Guilty verdict on an OWI/PAC 2nd + refusal jury trial. In most instances, these cases are extremely difficult to win because the perceived facts typically speak against the defendant’s innocence. Even if the perceived facts are false, it can be difficult to convince a jury of this. In this case, Attorney Bosworth skillfully laid out the evidence for the jury to consider, pointed out the errors in the prosecution’s case, and then allowed the defendant to take the stand. His genuine account of the events helped convince the jury of his innocence.

Stick to the basics: Handling Insurance Companies After an Accident.

Unlike Minnesota, Wisconsin is not a no-fault state. Instead, it operates under a tort system, which requires fault to be established after an accident. Insurance companies will use statements from those involved to assert a degree of liability to each party in the accident. Under the tort system, the amount of potential settlement is directly affected by the level of fault each party bears.

Following a motor vehicle accident, representatives from each insurance company involved may try to contact you, both by phone and in writing. Do not provide a statement, whether written or verbal, without consulting an attorney first. Doing so could have an adverse impact on your case and any potential settlement you might receive. When you’ve been injured in an accident, the first thing many people do is contact their insurance company. By nature, and likely due to shaken nerves, people are inclined to offer not only their detailed perspective on what occurred, but through their state of shock, they may also provide details that are not fully accurate.

Instead, stick to the basics. Provide only the …
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Social Media and Personal Injury Claims

Social media use has grown dramatically in the last several years. Recent polls have indicated that as many as 78% of adults in the United States have at least one active social media profile. Although people use these platforms for varying reasons, most people use them to share personal aspects of their lives, from what they had for dinner to marriages and deaths. Whether it comes in the form of a tweet, a quip or a photo, our lives have become a story for just about anyone to read.

Many people do not consider, or perhaps fully understand, the ramifications such open access can have, especially in legal matters. Law enforcement routinely uses social media to identify, track and even prosecute criminal activity. Insurance adjusters and attorneys have used social media profiles to search for evidence that might contradict or support a claim or case. This is especially true in personal injury cases.

When you’ve been injured in an accident, it can feel like second nature to post a status, photos of your mangled car or injuries, and periodic updates …
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SUBROGATION CLAIMS AND WHAT TO DO

A person will most likely hear the term subrogation in the course of dealing with insurance companies after an accident. In its essence, subrogation is when an insurer seeks reimbursement for any claims they have paid on your behalf, when a third party is held responsible for your injuries. The issue is not usually whether they’ve made payments, but rather how much of those payments they should be reimbursed. Subrogation can be a confusing and frustrating matter, for even the most skilled litigators. However, there are a few basic subrogation issues that arise frequently and are important in almost every case.

The most common issue arising out of subrogation claims is what expenses, if any, the subrogated party should be reimbursed for. This can be most easily understood in a car accident scenario. Imagine you’ve been in a car accident that was not your fault. Your health insurance company pays for your medical expenses and asserts a claim that should be reimbursed for those expenses related to the accident. Whether the expenses a subrogated party seeks to be reimbursed for …
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Punitive Damages

When a person is injured in an accident caused by someone else’s actions, the goal of the subsequent tort, or bodily injury, claim is to make the victim, or plaintiff, whole. When the defendant’s actions are found to have been an intentional disregard for the rights and safety of others, the potential for a punitive damages claim arises.

Punitive damages are monies awarded to the plaintiff, in excess of their bodily injury settlement. At least in part, they are intended to punish the defendant for their actions. As noted above, the tort, or bodily injury, claim is intended to justly compensate the plaintiff for their injuries and make them whole. Punitive damage claims have the potential to make the plaintiff more than whole.

Determining an accepted understanding of intentional disregard has proven extremely difficult, with many contested definitions arising in each case presented before the Court. However, the accepted framework for this concept is acting with purpose “to cause the result or consequence or be aware that the result or consequence is substantially certain to occur from the person’s conduct.” …
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