FAQ And Answers In Liability And Injury

  • What is products liability? Show Answer

    Product liability is a way of getting compensation for injuries caused by a product.

    Category: Products Liability

  • What is a product? Show Answer

    A product is anything man made. For example, an automobile, a home appliance, a drug, a machine, a chemical, a tool, really anything that is manufactured, changed, bottled or packaged.

    Category: Products Liability

  • When can an injured person recover for injuries caused by a product? Show Answer

    Recovery for injuries caused by a product depends on whether the product was in some way defective; in other words that there was a defect in the product, a flaw or a failure in some manner.

    Category: Products Liability

  • Who is responsible or liable for the injury caused by the product? Show Answer

    The responsible party can be the manufacturer, the distributor or wholesaler, the seller or reseller or the maker of a part within the product that fails.

    Category: Products Liability

  • If I think Ive been injured by a defective product, what should I do? Show Answer

    Save the product, never throw it away. Try to locate and save all purchase documents, receipts, manuals. Speak with a qualified product liability attorney about your case.

    Category: Products Liability

  • What is a traumatic brain injury? Show Answer

    A traumatic brain injury (TBI) happens when a sudden traumatic event causes damage to the brain. A TBI can result when the head hits an object such as in a car accident or during contact sports, or when an object penetrates the skull and enters the brain tissue.

    Category: Traumatic Brain Injuries

  • What are some of the symptoms caused by a TBI? Show Answer

    Symptoms of a TBI can be mild to severe. A person with a mild TBI does not have to lose consciousness. According to the Brain Injury Association Of Maryland, other TBI symptoms include the following:

    • Headache
    • Confusion
    • Lightheadedness
    • Dizziness
    • Blurred vision or tired eyes
    • Ringing in the ears
    • A bad taste in the mouth
    • Fatigue or lethargy
    • Sleep changes
    • Behavioral or mood changes
    • Memory, concentration and thinking problems.

    If you have hit your head, first seek out medical attention. If the injury was caused by someone else's negligence, consult a qualified personal injury attorney. The Brain Injury Association Of Maryland recommends that you look for a headache that gets worse or will not go away. Someone may also have convulsions or seizures or vomiting or nausea. It is important to make sure the person is seen before they go to sleep, as it is often difficult to wake someone who has had a TBI. A person's eyes may be dilated in one or both pupils, their speech may be slurred and they may have weakness or numbness in the extremities. If someone experiences a loss of coordination, increased confusion or is otherwise "out of sorts" after a head injury, consult a medical professional.

    Category: Traumatic Brain Injuries

  • What is a concussion? Show Answer

    The word concussion is used to describe any injury to the brain that is the result of an impact to the head. This can be mild or severe. Concussion and closed head injury mean the same thing.

    Category: Traumatic Brain Injuries

  • What is a closed head injury? Show Answer

    A closed head injury often happens in a car accident. No object actually penetrates the brain but the brain has suffered a trauma from a violent shake or thrust or by hitting a hard object. The injury can be diffuse, meaning all over the brain, or focal, meaning that the damage is centralized to one area. These injuries range from mild to severe.

    Category: Traumatic Brain Injuries

  • What is a open head injury? Show Answer

    An open head injury can also be called a penetrating head injury or skull fracture. This injury happens when something penetrates the skull and enters the brain. These injuries are typically focal, affecting only a specific area of brain tissue. These are very serious injuries that can cause permanent disability and can be fatal.

    Category: Traumatic Brain Injuries

  • What is a diffuse axonal injury? Show Answer

    A diffuse axonal injury results from the brain moving back and forth in the skull as a result of acceleration or deceleration. In this injury nothing hits the head. This injury can be caused by a fall, in sports, in a car accident or by a violent act such as shaken baby syndrome.

    Category: Traumatic Brain Injuries

  • What is bad faith insurance? Show Answer

    Generally it is when your own insurance company does not treat you as they are required to under the law that is, with good faith and fair dealing

    Category: Insurance Company Misconduct / Bad Faith

  • What obligations does my insurance company have to me when I make a claim? Show Answer

    An insurance company must treat you fairly. There are many things they have to do and many other things that they are forbidden to do. We have tried to make a simplified version of the law on this subject and put it together in what we call the Policy Holder's Bill of Rights. Some of these rights are:...

    Category: Insurance Company Misconduct / Bad Faith

  • What are some common cases of bad faith? Show Answer

    Bad faith can arise in almost any situation where an insurance company treats its insured unfairly. We have been involved in cases including house fires, property damage claims to home or commercial property, uninsured/underinsured motorist coverage, and a variety of other contexts. There are a variety of other contexts where bad faith can arise. For example, bad faith may occur when insurance companies delay or deny payment of benefits for health insurance, disability insurance, life insurance, or long-term care insurance.

    Category: Insurance Company Misconduct / Bad Faith

  • Can an insurance company "low ball" me in settlement negotiations? Show Answer

    The simple answer to this is no. While it is very common in day-to-day negotiations for one party to try and "low ball" (meaning, giving an unreasonable low offer with the hope that the other party will accept) the other party, this practice by insurance companies has been expressly forbidden by Wisconsin courts. This goes back to the fundamental problem of unequal bargaining position. Because the average consumer is in no way on equal terms with an insurance company in terms of resources and knowledge, our court's have forbidden insurance companies from employing this strategy.

    Category: Insurance Company Misconduct / Bad Faith

  • Can an insurance company deny my claim for any reason they choose? Show Answer

    No. denials must be made after your claim has been properly investigated. Insurance companies do not have to pay every claim. If your claim is debatable or questionable, the company can deny the claim. An experienced bad faith attorney can advise you on whether your claim is bad faith or not, particularly in fire loss cases.

    Category: Insurance Company Misconduct / Bad Faith

  • Can an insurance company ignore my requests for information or clarification? Show Answer

    No. Your insurance company must answer you in a timely manner.

    Category: Insurance Company Misconduct / Bad Faith

  • Can an insurance company delay paying me my claim? Show Answer

    No. This practice is strictly forbidden under Wisconsin law. If an insurance company delays payment owed without an acceptable reason, it is responsible for paying you interest in addition to the money owed from the claim itself. Our statutes have a provision directly on point. § 628.46 of our statutes requires insurers to pay twelve percent (12%) interest on any claim not paid within thirty (30) days after the insurer has notice of the claim and the amount due.

    Category: Insurance Company Misconduct / Bad Faith

  • What should I do if I am in a serious accident? Show Answer

    If you are in a serious car accident and have been told that you could possibly have permanent injuries as a result, it is very important that you obtain competent and qualified counsel to handle your claim. Insurance companies are not in the business of paying large claims voluntarily, easily or without a fight. It is very important that you retain counsel who has a wealth of experience with the kind of accident and injuries that you have. It is also important that whoever you hire has a successful track record both in settling such claims and taking them to trial. Contact a reputable attorney as soon after the accident as possible.

    Category: Car & Truck Accidents

  • Do I need to hire a lawyer in any accident case? Show Answer

    The short answer is no. Cases that involve a small amount of damage to the involved vehicles and relatively minor injuries that heal quickly do not justify the involvement of an attorney. We recognize that other firms maintain the position that you should have a lawyer on each and every automobile accident case. We simply do not agree with this philosophy.

    If you have a relatively small accident case, the involvement of a lawyer is not going to improve the outcome enough to warrant paying that lawyer's fees. We do not take those kinds of cases for this very reason. We are not a firm who signs up everyone who comes through the door. We only take on cases where our representation will provide meaningful help.

    Category: Car & Truck Accidents

  • What if the other driver had no insurance? Show Answer

    If the other driver did not have any insurance, we very much hope that you have uninsured motorist coverage from your own automobile policy. Uninsured motorist coverage is a protection that steps in to the place where the other driver's insurance company should be. This coverage protects you and your family in the event that you are injured by an uninsured driver.

    The subject of proper insurance coverage is both complicated and involved. Unfortunately, we meet people virtually everyday who have insufficient coverage. This is why we wrote a book called, " Real World Guide to Buying Car and Motorcycle Insurance." This book can be obtained by clicking on the link from our home page. By simply giving us a name and address, you can receive this book free of charge and without obligation. We wrote this book because we feel very strongly about the importance of people being adequately insured in order to protect themselves and their family when they are on Wisconsin roads and highways.

    **If your specific question was not answered by the above, we encourage you to contact one of our expert attorneys. Any question that you may have concerning your potential case will be answered by one of our attorneys at no cost and of no further obligation to you.**

    Category: Car & Truck Accidents

  • My medical bills, deductibles, and co-pays for medical treatment are piling up. What can I do? Show Answer

    If you have been in an accident that is not your fault, the temptation is to not use your own health insurance to pay accident-related medical bills. This is a mistake. The insurance company for the other driver will most likely not pay your medical expenses voluntarily. If they do pay your medical expenses, it will only be when your treatment is completed and you have recovered as well as possible from your injuries. By then, your bills will likely have been sent to collections, adversely affecting your credit.

    Your health insurance company is already set up to deal with this situation. If your health insurance company pays accident-related medical expenses, they have a right to be repaid by the insurance company of the other driver. This is something that health insurance companies deal with everyday. This is also something that good attorneys can help coordinate for you. Again, you should not hesitate to use your own health insurance to pay for accident-related medical expenses.

    For deductibles and co-pays, most people have what is called "medical payments" coverage through their auto insurance policy. If you have this coverage, and every Wisconsin motorist certainly should have this coverage, you can submit your deductibles and co-pays to your own automobile insurance carrier. Just like the situation with health insurance above, your own automobile insurance carrier then has the right to be repaid by the other driver's insurance company. Your own insurance company deals with hundreds, if not thousands, of these claims everyday. If you have medical payments coverage, you should certainly use it. After all, you are paying for it.**If your specific question was not answered by the above, we encourage you to contact one of our expert attorneys. Any question that you may have concerning your potential case will be answered by one of our attorneys at no cost and of no further obligation to you.**

    Category: Car & Truck Accidents

  • What am I entitled to recover? Show Answer

    If you are injured in an automobile accident, you are entitled to recover accident-related medical expenses and lost wages from the at-fault driver. Further, if your injuries have impaired your ability to earn a living in the future, you are entitled to recover that loss. Along similar lines, if your accident-related injuries require future medical care, this is recoverable as well...

    Category: Car & Truck Accidents

  • An insurance company is calling me about the accident and my injuries. What should I do? Show Answer

    We caution you to share as little information as possible with the other driver's insurance company. You should not discuss your injuries at length with the insurance adjuster and you certainly should not sign any unlimited medical authorizations until you have had a chance to seek advice from an expert personal injury lawyer.
    **If your specific question was not answered by the above, we encourage you to contact one of our expert attorneys. Any question that you may have concerning your potential case will be answered by one of our attorneys at no cost and of no further obligation to you.**

    Category: Car & Truck Accidents

  • What do I do if I don't have enough money to pay for a lawyer? Show Answer

    We charge our clients a fee only if we are successful for them. We do not ask for any money up front or at any point until your case resolves. If we take your case, we will charge a fee on a "contingency" basis. This means that our fees are paid when your case is completed through either a settlement or a court trial. If we are not successful for you, no fee is owed. This is exactly like the "no fee unless we win" advertisements you may have heard before.
    **If your specific question was not answered by the above, we encourage you to contact one of our expert attorneys. Any question that you may have concerning your potential case will be answered by one of our attorneys at no cost and of no further obligation to you.**

    Category: Car & Truck Accidents