Tag Archives: bodily injury
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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One of the most elementary and fundamental principles of our legal system is that citizens have the right to recover for their injuries from the person who injured them. However, when that person is a government agent or employee, the injured person’s right to sue becomes constricted by the doctrine of governmental immunity. Governmental immunity essentially protects the government from certain types of lawsuits. It stems from the old English notion that the “King can do no wrong.” The state has since moved away from the idea of complete immunity. Following the 1962 case of Holytz v. City of Milwaukee, now “the rule is liability – the exception is immunity.” In other words, this case set the precedent for limited immunity for government and city workers. This issue often comes up in car accident cases when drivers are injured by police officers or emergency vehicles during “hot pursuits,” high speed chases, or some other traffic accident.
In Wisconsin, the rule on governmental immunity can be found in Wis. Stat. § 893.80, which provides limited immunity for government officers, agencies or
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