Category Archives: Personal Injury

The Evidence to Collect for a Personal Injury Case

According to the National Safety Council, over 40 million injuries requiring medical attention happen in the United States every year. That means each of us have a 1 in 12 chance of being seriously injured annually.   We hope you never find yourself a victim of an accident, but if you do, there are some steps to take to protect yourself.

Not every accident does or should result in a personal injury claim.  However, if you have been in a serious accident which impacts your life or results in significant medical bills, you should consult with a lawyer to learn your option.  Even before you talk to a lawyer, you should gather information necessary to evaluate a potential personal injury claim. You will need to show that negligence or a breach of duty caused the accident, as well as demonstrate the nature of your injury. Collect information as soon as possible after an accident, as witnesses can become hard to contact and records and accident reports can be misplaced.

A personal injury lawyer will gather evidence to support your …
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Avoiding Personal Injuries During the Holiday Season

The holidays are a time of excitement and joy for most. Unfortunately, many of the seasonal activities we take part in can lead to injuries. Use the following tips to help avoid an accident and enjoy the holiday season to its fullest.

Slips and Falls

Falls are the third-highest cause of unintentional death in the United States. The risk of falling increases during the holiday season due to colder weather conditions, increased travel, and alcohol consumption. Use the following advice and avoid injury this holiday season.

  • Keep sidewalks shoveled and free from ice. Don’t hesitate to ask a neighbor for help if needed.
  • Go slow, walk flat-footed, and avoid looking at your phone when walking. Be aware that vehicles take longer to break in inclement weather.
  • Walk with empty hands and arms to maintain balance.
  • Exit your vehicle with two feet on the ground to avoid knee injuries.
  • Cold muscles are tight muscles. Stretch before you walk.
  • Check your boots for good tread.

Decorations

The CDC2 estimates that over five thousand people go to the emergency room due to a decorating accident every …
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Attorney Biegert secures verdict for elderly victim’s family in stairway fall.

Our client’s wife, a 78-year old woman, was found at the bottom of the basement stairs at a neighbor’s house.  They had been over celebrating New Year’s Eve and she had left the table to go to the restroom.  None of the other guests saw her fall.  She suffered a severe skull fracture and died approximately seven hours later as a result of her injuries.  She had not been drinking.

We contended the fall was the result of the unsafe condition of the stairs.  They were steep, dark and had inadequate handrails.  Most importantly, the neighboring homeowner had removed the door at the top of the stairs which allowed someone to accidentally enter the stairwell.  The homeowner’s insurer contended that the stairs were not unreasonably dangerous, that it could not be shown that the condition of the stairs had caused the fall, and that, if anyone was to blame, it was the victim, for not exercising ordinary care to avoid falling down the stairs.

Prior to trial, the insurer offered $40,000.00 to settle the claim. The case was …
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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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