Tag Archives: accident

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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The Irony of Immunity Laws

Civil liability immunity laws are, ostensibly, created to benefit the community, by relieving certain “classes” of individuals or segments of the economy from the threat of liability and to encourage commerce and recreational participation.

Over the years, Wisconsin has expanded immunity laws tremendously as the following demonstrates:

895.475 Safety Inspection or Advisory Services 895.497 Child Safety Restraint Safety Services 895.527 Sports Shooting Range Activities 895.48 Emergency Medical Care 895.506 Obesity Claims 895.529 Trespassers 895.4802 Hazardous Materials 895.51 Donations of Food or Emergency Household Products 895.53 Tests for Intoxication 895.4803 Paternity Information 895.512 Access to Toilets 895.54 Notification of Release 895.481 Equine Activities 895.514 HIRSP 895.55 Oil Discharge Control 895.482 Ski Patrol Members 895.515 Equipment or Technology Donations 895.555 Anhydrous Ammonia 895.483 Emergency Response Teams And Sponsoring Agencies 895.517 Solid Waste Donation or Sale 895.56 DOT Handling of Petroleum-Contaminated Soil 895.485 Foster and Family-Operated Group Home Parents 895.52 Recreational Activities 895.57 Unauthorized Release of Animals 895.486 Insurance Fraud Reports 895.523 School Recreational Activities 895.58 Use of Special Waste Under Public Works Contracts 895.487 Employment References 895.524 Agricultural Tourism Activity 895.61 Asbestos …
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