Wisconsin has specific dog bite laws that hold pet owners liable and that compensate victims of dog bite injuries. Dog bites can be very serious injuries that can cause scarring and disfigurement as well as emotional injury. We have decades of experience representing victims of dog attacks throughout Wisconsin.
You will receive full compensation for your family’s injuries. Call 414-272-4100 to schedule your consultation with the Wisconsin car crash attorneys at Miller & Ogorchock, S.C. We will use our decades of experience to obtain a full and just compensation for your losses.
Distracted driving is a problem that affects even the most experienced drivers, so it’s not surprising that newly-minted teenage drivers – who often have trouble controlling their impulses – are susceptible to driving while distracted. According to AAA, the most common distractions among teenage drivers are using electronic devices (for both talking and texting), adjusting controls in the car, and eating or drinking. Teens Don’t Believe Distracted Driving Is a Problem Despite the research that shows that teenage drivers engage in distracted driving, they believe they are immune to getting into accidents related to their distractions. “People often believe they drive safely and responsibly, especially our newest drivers,” said Angela Patterson of Bridgestone Americas in a statement. “However, we need to reinforce that it only takes one time – one sip of coffee, one change of the radio station, one glimpse at the cell phone – to cause or be involved in a crash that could have dire consequences.” In order to collect teenage drivers’ views about distracted driving, Bridgestone surveyed over 2,000 drivers aged 15 to 21. The study, which was recently released in conjunction with the U.S. Department of Transportation, found that: Although 83 percent of respondents agree that texting while driving is “very dangerous,” 27 percent of females and 11 percent of males admit to sending texts while driving. In addition, 38 percent of the female drivers and 17 percent of the male drivers read texts while driving. 18 percent of the teens surveyed say that they engage in distracted driving because everyone else does it. One-quarter of the teens do not think talking on the phone while driving is dangerous. Many teenagers don’t think that taking one hand off the steering wheel to eat, drink or change the radio station counts as a distraction. In addition, researchers found that many teens believe they are good drivers because they haven’t been pulled over and haven’t gotten into accidents yet. Also, two-thirds of the young drivers say that they believe they are “very safe” drivers. But statistics don’t support this assertion. Although teens tend to believe that they’re invincible, research from the Insurance Institute for Highway Safety, or IIHS, shows that motor-vehicle crashes are the leading cause of death for teens aged 13 to 19. In 2009 alone, almost 3,500 teens were killed in car accidents.
Traumatic brain injury – often called TBI – is brain damage that can be caused by a blow or jolt to the head, as well as by an object penetrating the skull. Oftentimes, TBIs are not life threatening and those who suffer from mild injuries experience temporary brain-cell dysfunction – which results in symptoms such as headaches, sleep-pattern changes, mood alterations and loss of consciousness that lasts for a few seconds to a few minutes. In other cases, TBIs can be quite severe, causing serious damage or even death to the victims. The Causes and Effects of Severe TBIs Traumatic brain injuries commonly occur while playing sports or from falls, car accidents and violent acts. When patients sustain severe TBI, they can suffer from: Slurred speech Loss of bowel or bladder control Seizures Loss of coordination Nausea Children and Severe Traumatic Brain Injuries Although children are known for their ability to bounce back from injuries, research recently published in Pediatrics indicates that recovering from TBI is not easy even for kids. Children who suffer from these injuries often feel the effects for years. In one study, researchers looked at 40 children from ages two to seven, who suffered from TBIs. The researchers examined these patients 12 months, 30 months and 10 years after their injuries and found that those with severe TBIs had the worst cognitive functioning – although, with interventions and therapies, these children were able to develop in an age-appropriate way. In another study, researchers looked at 53 children who suffered from TBI before they were three years old. When the patients were examined again between the ages of four and six, the researchers found that those with more severe brain injuries scored about seven to ten points lower on IQ tests. Although researchers cannot say for sure what factors affect recovery from severe TBI, the studies indicate that a child’s environment may play a role. “Children from cohesive family environments and children whose parents had lower levels of stress showed better recovery,” researcher Louise Crowe said in a statement. “Why this is so is unclear, but it may be due to a parent spending more time with their children, and children also growing up in a less stressful environment.” Does Your Child Have TBI? Young children may not be able to tell you if they are having symptoms of traumatic brain injury, so if you observe the following symptoms after your child has an accident, consult a physician: Persistent crying Loss of interest in favorite activities Change in sleep patterns or eating habits Irritability If your child has suffered a direct blow to the head, it’s best to consult a physician even if you don’t observe any of the TBI warning signs.
Car accidents can be devastating. Gathering the evidence needed to make sure the responsible party covers all of the injuries is crucial, and a step that unrepresented victims often underestimate. Unfortunately, even when it appears obvious who was at fault for an automobile accident, receiving compensation can be difficult. The other driver may change his or her story or the insurance company may refuse to pay. When this happens, lawsuits for negligence or wrongful death may be required in cases, large and small, to collect appropriate compensation. Proving Negligence in Wisconsin Auto-Accident Cases When preparing for a negligence case, the injured party generally needs to prove: The other driver owed a duty of care to the injured party That duty was not met The failure to meet that duty resulted in the accident The accident caused the injury The first element can be easy to establish since every driver owes all other drivers a duty to drive with reasonable caution. The next element can be more difficult, since the person attempting to win the suit will need to prove that the other driver either violated a Wisconsin traffic law or otherwise failed to operate his or her vehicle safely. Proving this step often goes hand in hand with the third element. For this portion, the victim must prove that the other driver’s failure to operate the vehicle cautiously led to the car accident. If, for example, the other driver was speeding at the time of the accident, the victim could argue that the other driver’s violation of the Wisconsin speed-limit law was a failure to operate the vehicle with care and led to the accident in question. Finally, the victim will need to prove that the injury and vehicle damage were the direct result of the accident. Various types of evidence can be used to make this connection, including police reports, medical records and reports from medical experts. Types of Evidence A successful lawsuit often hinges on certain crucial evidence. Success requires a combination of gathering the right evidence in the first place and then using it properly in the suit to prove liability for the medical, wage loss, rehabilitative and other expenses of the victim. A police report provides a fairly trustworthy source of information. It generally includes the police officer’s observations and opinions regarding who was at fault. It is a first step toward developing evidence to prove negligence on the part of the other driver. The report may also contain physical facts collected during a post-accident investigation. This can include information about skid marks; gouges in the pavement or dirt; damage to guardrails, curbs and other structures; and impact points between the vehicles involved. Wisconsin state traffic laws give additional weight to an argument that the other driver was responsible for the accident. If, for example, the crash occurred when merging into traffic and the other driver did not obey a yield sign, that driver is likely in violation of Wisconsin’s rules of the road. As a result, the other driver is more likely to be held liable for resulting injuries. Another valuable piece of evidence relates to the type of accident. If it was a rear-end collision, the driver who strikes the rear of the other vehicle is almost always at fault. This type of crash is fairly easy to prove simply by examining the damage to the vehicles. Left-turn collisions also often result in fault for the driver making the turn since vehicles making these turns are normally required to yield the right of way to oncoming traffic. Unfortunately, police officers and first responders may not gather enough evidence to build a strong case. Victims can be proactive to help make certain the at-fault drivers are held liable for their actions. Take pictures of the vehicles involved, roadway markings or other relevant things like branches blocking visibility, missing road signs and serious injuries. When documenting the accident by taking photographs, include some close-range photos to help document specific vehicle damage and injuries. If injuries were sustained, medical records may prove that the injuries were received from the accident and not pre-existing. It is also a good idea to begin keeping journal entries for any pain and other symptoms experienced after the crash. This may eventually help to prove a long-term injury that will require additional therapy. The amount of evidence needed to build a strong auto-accident case can seem overwhelming. Contacting an experienced car accident attorney can help not only to ease your mind, but also to better protect your legal rights and remedies because you likely need professional assistance to investigate and gather evidence about the crash, and to build a strong and winnable injury case.
In mid-November 2012, an automobile hit two 20-year-old engineering students on the urban campus of Marquette University in Milwaukee while they walked on a sidewalk early on a Monday morning. The women were hospitalized with serious, but nonfatal, injuries. Reportedly, the driver proceeded to strike another car, a hydrant and a pole in an apparent hit-and-run, before being stopped by law enforcement. State statistics According to the Wisconsin Department of Transportation, which defines a pedestrian as anyone walking or using a mobility device like a wheelchair, about 60 pedestrians die annually in the state when hit by motor vehicles. Another 1,600 are injured the same way each year. WisDOT reports further that seniors over 75 and kids from 5 to 9 are “particularly vulnerable.” National observations The Centers for Disease Control and Prevention confirm that WisDOT’s findings are consistent with national observations. The CDC says that across the country pedestrians are “1.5 times more likely” than motor-vehicle passengers are to die in car accidents, not surprising considering the relative vulnerability of bodies hit directly by moving vehicles with no barriers. On average, a U.S. pedestrian dies in an automobile crash about every eight minutes. The CDC also shares these facts about pedestrian-car collisions: Alcohol is involved in almost half of these crashes, either having been consumed by drivers or pedestrians. Higher car speeds increase the chances of pedestrian accidents. More pedestrian fatalities happen in the city, away from intersections and after dark. Safety tips Pedestrians can increase the odds of avoiding such mishaps by using crosswalks, wearing reflective clothes and using flashlights after dark, behaving defensively at intersections, using sidewalks where available and walking against traffic if they must be in the street, according to the CDC. Also, the American College of Surgeons specifically calls upon parents and caregivers of young kids to be vigilant in supervision of young kids around traffic, and upon everyone to avoid using mobile devices like cellular phones and iPods. Bodily harm Common injuries surgeons see after pedestrian-car accidents include broken legs, fractured pelvises and broken ribs, with older patients tending to have multiple fractures. Younger patients tended to have more minor injuries, including “skin scrapes.” If you or a loved one suffers a pedestrian accident, talk to an experienced Wisconsin personal injury about your rights and potential legal remedies such as a personal injury lawsuit for negligence or for wrongful death.
Country singer Leann Rimes is making the news for something other than her vocal talents or her burgeoning acting career lately: the dental malpractice claim she has brought against her long-time dentist. The starlet alleges that her dental provider, over the course of three long years of treatment, has damaged her mouth to the point of needing multiple root canals, bone grafting, painkillers, a temporary dental bridge, physical therapy and follow-up care for her TMJ syndrome (a dental condition that causes clicking or popping of the jaw and pain along the jaw). She also alleges that she is unable to perform her job (singing) because of the pain and disfigurement of her jaw Little-known problem While medical malpractice cases are widely known and often involve multiple victims (as in the case of the recent cases involving defective birth control medications, transvaginal mesh products and hip implants), dental malpractice cases are much less common. It is not only that there are smaller sums of money available in dental malpractice cases – according to estimates by the American Dental Association, the average successful claim results in an award of about $10,000 – it is also that many people aren’t even aware they have to right to file complaints about their dental providers. Some states maintain a registry of complaints against health care providers, but similar information is much more difficult to find about dentists, hygienists, orthodontists and oral surgeons. Why is dental malpractice in the “shadows?” Oftentimes patients who have suffered adverse effects because of the action or inaction of a dental care provider don’t know that their symptoms are unusual; some people assume that all dental procedures will come with a degree of pain regardless of the invasiveness, and will not seek follow-up care for that reason. Others may just visit another dentist for any aftercare, not even telling the original provider that there was a problem in the first place. There are also those who feel that they have contributed to their own pain and difficulty because they put off treatment due to – ironically enough – a fear of going to the dentist. Regardless… Regardless of the reasons why dental malpractice happened, or the contributing factors that combined to make an individual patient’s experience a hellish one, it is time to move dental malpractice out of the shadows and into the light. If you or a loved one is dealing with the effects of a dental care provider’s mistake, negligence or recklessness, you have rights. File a complaint with your state’s dental licensing board, speak up to the dentist/provider in question and considering speaking with an experienced malpractice attorney in your area to learn more about legal options you may have to hold responsible parties accountable for the harm you have suffered.
People can be injured by a number of things – motor vehicle accidents, pedestrian accidents and biking accidents. There is, however, a growing concern with the number of dog bite-related injuries and deaths that have occurred in Wisconsin and throughout the U.S. This concern surely hit home for the family of a toddler who lost his life after being attacked by two pit bulls recently. According to WISN 12 News, the police noted that they received a call informing them that two dogs were attacking a female and a 14-month-old boy. Fatalities from dog bites in Wisconsin According to the National Canine Research Council, there have been 16 dog bite-related deaths in the state of Wisconsin over the past 48 years. The NCRC also notes that dog bite fatalities are still quite rare, but when they do happen, they tend to gain a great deal of attention. Wisconsin’s Dog Bite Law Under the laws of Wisconsin, dog owners are held strictly liable for the damages and injuries resulting from an attack or bite of a dog. Additionally, injured parties should be aware that in cases where dog owners have known that their dog has caused injuries in the past, the owner can be required to pay double the amount in damages, along with various fines and penalties. Wisconsin law also holds dog owners liable based on negligence and having knowledge of a dog’s dangerous propensity or inclinations. Simply stated, dog owners can be held legally responsible for the injuries inflicted by their dog that resulted from a dog that is known to act in a dangerous manner based on previous tendencies and actions. Help for those who are injured Anyone who has been injured or has had a loved one killed by a dog should consider speaking with a skilled personal injury attorney.
In recent years, safety and transportation agencies have uncovered a lot of information regarding texting and driving. It is now accepted knowledge that the habit is dangerous, causes car accidents and is common among teen motorists. What you may not have known is that texting and driving is more accepted among male drivers. Specifically, a recent study that is detailed in the International Journal of Sustainable Strategic Management has confirmed that 80 percent of surveyed college students texted while driving, and of those studied, males were more likely to downplay the known dangers of this practice. The study investigated 120 male and female students on their texting habits and personal views of the practice. Many male motorists believed that they were skilled, experienced drivers and capable of doing both at the same time. Of course, the male respondents agreed that the practice is dangerous; however, unlike the females surveyed, they also thought they were better at engaging in texting and driving than others. The Los Angeles Times reports that the study was conducted for the purpose of determining whether there was a documented link between an individual’s impulsiveness and one’s propensity to text and drive. The results of the study The study found that on average, students sent 82 texts each day. Female students often sent more messages than males; however, despite females’ impulsiveness with texting, this did not carry over to the road. Males, conversely, did not text as often. They were not as impulsive with the act of texting, but they did demonstrate less awareness of the dangers associated with texting and driving. The dangers of texting and driving Many studies have shown that texting and driving slows reaction times. Also, Americans are simply not good at multitasking (despite beliefs). Several states, including Wisconsin, do not allow texting while driving and other forms of distracted driving. Nevertheless, many people ignore the laws. Unfortunately, researchers linked with this study are aware of the fact that making laws that prohibit the practice is just not good enough. Too many people – especially young drivers – ignore the warnings. Moreover, as technology continues to grow, it is becoming harder to detach individuals from their phones. If you have been injured in an accident as a result of another persons negligence or carelessness, take the time to speak to a seasoned personal injury law attorney in the area. A legal professional with experience and knowledge can help you uncover various avenues of recovery.
A Wisconsin woman was injured in late February 2014 after a propane tank exploded in her home. Authorities note that the fire explosion blew out doors, windows and one complete wall of the woman’s duplex, resulting in structural damage. The victim, who was in the home at the time of the blast, was taken to a local medical center. Fire officials and investigators suspect that an LP tank was being used inside the woman’s home prior to the explosion. The tank was a 20-pound propane tank, which is commonly used for outdoor grills. However, this is not always the case. After the accident, fire officials had not yet uncovered the intended use of the tank in the damaged home. In connection with the explosion, there was also fire damage to the walls of the duplex. Fortunately, the other side of the duplex was not damaged. The resident of the neighboring home was okay; however, the woman involved in the accident sustained serious burn injuries. Burn injuries It will take some time before authorities uncover the ultimate cause of the accident. In assessing the scene, fire officials will probably aim to resolve the following questions: Why was the propane tank in the building? What was it used for? Who put it there? What triggered the explosion? These questions can aid with the assessment of liability. Until then, the woman will need to focus on recovering from her severe burn injuries. If she was not responsible for the explosion, maybe someone else is, and she can pursue financial recovery for her sustained injuries. In general, burn injuries require several surgeries, physical therapy, skin implants and other complex and expensive medical assistance. A serious burn can prove to be unbearable and last for years after the incident. To make things worse, victims of burns must deal with scarring and disfigurement. Furthermore, some burn injuries become very sensitive to changes and temperature, making it difficult for victims to endure fluctuations in the weather. Also, specific clothing materials are more abrasive to the damaged skin. If you have been a victim of a burn injury, the first step is to seek applicable medical therapies. The scar is forever, but you can work with doctors to minimize physical and emotional consequences after an accident. After treatment and medical assistance has begun, the next step might be to retain legal assistance – especially in cases where you believe you were not responsible for the accident. If you have been harmed in a burn accident, speak to a lawyer about potential financial recovery.