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Personal Injury Due To Faulty Road Construction

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Car accidents are often the cause of negligence. Faulty road construction can cause car accidents and result in injury for a number of reasons. As Milwaukee spends a considerable amount to fix and maintain it’s highways and roadways, it’s important to keep an eye out for changing road conditions. Here’s what you need to know about personal injury due to negligent road construction.

The Facts on Faulty Road Construction

Car accidents in work zones are more common than you think. The Federal Highway Administration estimates that over 96,000 crashes occurred in work zones in 2015. Just over 26 percent of these crashes resulted in an injured motorist. Statistics also show that the number of crashes in work zones rose 42 percent since 2013. Faulty road construction refers to a number of conditions that hinder a person’s driving ability.

What Constitutes as Faulty Road Construction

There are a number of conditions that constitute as faulty road construction:

  • Improper signage, such as not explaining lane usage. This can confuse drivers and may cause an accident
  • Neglecting to fill in potholes or other construction-related road defects. Potholes can cause significant damage to automobiles and cause accidents. Road work that makes driving conditions undriveable can also attribute to car accidents.
  • Faulty lane configurations. Vague directions for changing lanes can attribute to accidents in work areas.
  • Poor maintenance. An example of this would be an improper clean up of work zones, which can cause accidents.

These examples are just a few ways that faulty road construction can cause accidents. Here’s what you need to know about seeking compensation for personal injuries due to faulty road construction.

What Should I Do After An Accident Involving Faulty Road Construction?

It’s important to seek compensation for any injuries or loss of income due to negligent road construction. Presenting your case to a personal injury lawyer can help you go in the right direction towards seeking compensation.

The key to winning a case for injury due to negligent road construction is to prove negligence. However, it can be difficult to prove negligence and who is responsible for an injury. Construction companies must comply with safety regulations, as do government entities. According to Nolo Law, if you want to make a claim against a government entity for not maintaining safe road conditions, you would have to prove that the government had neglected to fix road conditions that caused the accident.

Proving negligence against a construction company or worker can be difficult because you must prove that their negligence was the cause of injury. According to Section 2a of Wisconsin State Statute 895.07, plaintiffs must notify a contractor about a road defect within 90 days. After that, a contractor must fix the defect and settle the claim with the plaintiff. Due to the complicated nature of personal injuries and faulty road construction, you should consult a personal injury lawyer as the first step towards compensation.

When to Call a Personal Injury Lawyer

Personal injury results in more than physical harm. It can mean medical bills, loss of income and other hardships. Gebhard Law is one of Milwaukee’s leading personal injury lawyers. Contact us today if you need help you getting back on your feet after an incident.

 

Injuries from Boating Accidents in Milwaukee

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Accidents can happen no matter what type of vehicle you drive. With countless lakes, Wisconsin sees a fair share of boating accidents. If you or your loved one has been injured in a boating accident, educating yourself on Wisconsin’s boating laws will ensure that you get the compensation that is deserved.

Boating Accidents in Wisconsin

Did you know there were a total of 106 boating accidents reported in Wisconsin in 2o17? According to the Wisconsin Department of Natural Resources (DNR), this resulted in 79 injuries and 25 fatalities. The DNR reports that the number of injuries increased from 74 to 79 from 2016 to 2017. A majority of the incidents resulted from alcohol use and reckless/inexperienced operation. With boating incidents being so common, it’s important to know how you can seek legal action if you experience injuries.

Boating Laws in Wisconsin

According to “The Handbook of Wisconsin Boating Laws and Responsibilities Handbook” by the Wisconsin DNR, the following practices are illegal:

1. Reckless or Negligent Operation

Some examples of this are: driving in restricted areas, driving towards other vessels, harassing wildlife and operating at high speeds.

2. Operating a Boat with a Person Riding on the Bow, Deck or Gunwale

This refers to sitting on the front, back, and sides of the boat where there isn’t proper seating.

3. Overpowering

Overpowering refers to modifying your vessel to give it more power than is suitable for the water.

4. Overloading

This refers to having too many people on a vessel. Having too many people on a boat can weigh down your boat and forces people to sit on parts of the boat that don’t have proper seating.

5. Improper Speed

This refers to either going too slow, or too fast in the company of other vessels on the water.

Understanding the boating laws can lessen the chance of an accident, however, it’s important to know what to do after an accident happens.

What to do After a Boat Accident

Make sure to contact the authorities immediately after a boating accident, especially when someone is injured. If you are seeking compensation for injuries, you must prove that the person who caused the injury was acting negligently. For example, if the person was driving the boat at a high speed or in a prohibited area when you sustained the injury, you would have to prove that in order to receive compensation for damages.

Personal Injury Lawyer in Milwaukee

Don’t hesitate to seek compensation for injuries that occur in a boating accident. If your injuries were caused by someone else during a boating accident, it’s important to know what you can do in order to receive compensation for them. Call Gebhard Law Offices, where we specialize in personal injury suits of all kinds.

 

Medical Malpractice: What You Need to Know

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Medical malpractice can have devastating effects on individuals. From misdiagnoses to improper treatment of a disease or injury, the long-term consequences are often serious. But what is it exactly? Medical malpractice (also called medical negligence) is when a health care provider neglects proper care to patients, resulting in further injury or even death.

According to a study by Johns Hopkins, more than 250,000 people die from medical error each year in the United States. In fact, the study suggests that errors may now be the third leading cause of death in the U.S.

If you’ve suffered prolonged injury or illness due to malpractice, here’s what you need to know about the laws surrounding malpractice.

What Are Non-economic Damages?

Wisconsin State Legislature defines non-economic damages as “moneys intended to compensate for pain and suffering; humiliation; embarrassment; worry; mental distress; non-economic effects of disability including loss of enjoyment of the normal activities, benefits and pleasures of life and loss of mental or physical health, well-being or bodily functions; loss of consortium, society and companionship; or loss of love and affection.”

That may seem complicated but what it essentially means is this: damages that aren’t tied to money. This is one type of damage that is rewarded in cases of medical malpractice.

What Would I Need to Prove in a Malpractice Suit?

Keeping track of your medical records, bills, and details of your injuries that affect your day-to-day life are essential when building a case for medical malpractice. And you must understand what you need to prove to win your case.

Cases must also follow these statutes of limitations:

  • Three years from the date of the injury or one year after the discovery of the injury.
  • One year if a foreign object with no purpose to the injury is found in the body.

What Are the Laws Surrounding Malpractice in Wisconsin?

In Wisconsin, there is a limit on how much compensation one receives in a malpractice suit. According to Wisconsin State Statute 893.55, this limitation sets out to:

  • Protect access to healthcare by limiting disincentives.
  • Maintain healthcare costs by reducing the need to defend against medical malpractice.
  • Predict non-economic damages to help insurers set premiums and reduce financial risks.
  • Provide more predictability for compensation for non-economic damages.

The Injured Patients and Families Compensation Fund

There is a maximum limit to how much compensation victims of malpractice can receive. In 2006, Wisconsin State Legislature set the maximum amount of compensation for malpractice suits at $750,000. Each state has a fund to cover costs from malpractice.

In Wisconsin, the Injured Patients and Families Compensation Fund is that fund. It provides coverage to health care providers to compensate those injured due to malpractice. More importantly, the compensation acts secondarily as an insurance for the healthcare providers that are involved in malpractice suits.

In recent news, there’s been a debate that the maximum amount for compensation may not be enough to cover costs. According to a story from the Milwaukee Journal Sentinel, a woman who had all four limbs amputated due to a misdiagnosed infection was rewarded only $750,000 for non-economical damages. This is much less than the original $25 million reward granted in 2014. And, although their case went before the Supreme Court, it was overruled.

Have You Been Hurt by a Medical Professional?

If you or a loved one were injured due to the negligence of a medical professional, please contact Gebhard Law for more information and consultation. Depending on the nature and severity of your injuries, a medical malpractice lawsuit may be the only way to receive compensation for your economic and non-economic damages.

Workplace Injuries: Knowing When to Seek Legal Action

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From slipping on the wet bathroom floor to getting hurt from faulty equipment, workplace injuries are common. Statistics from a report by the Bureau of Labor Statistics showed a total of 2.9 million work related injuries were reported in 2016. And nearly one-third of those injured were temporarily out of work as a result.

Work injuries may leave you with a financial and physical burden. that’s why it’s important to know what type of workers compensation you


Tumeur de la prostate : pronostic en fonction du stade, du grade et du risque

Tumeur de la prostate : pronostic en fonction du stade, du grade et du risque

are entitled to, and the grounds for taking legal action in the event of a work-related injury.

Common Questions About Work Injuries

I’ve Suffered an Injury at Work. What’s Next?

In the event of an injury, it’s important to report the injury to your supervisor or employer immediately and seek medical attention. The injured worker must file a claim with their employer to determine compensation for their injury. And reporting claims pertaining to workplace injuries should be done within thirty days but the statute of limitations can expand to as long as 12 years in some cases.

Making an injury claim and seeking medical attention are the first steps towards receiving compensation for injuries.

What Type of Compensation Can I Get for My Injury?

Worker’s compensation eases the physical and financial burden that comes with medical expenses, lost income, and injury rehabilitation. According to the State of Wisconsin’s Department of Workforce Development, workers that sustain physical and mental harm, accidental injury and occupational disease are covered under Wisconsin law.

Learn more about Workers Compensation in Wisconsin.

Who Is Entitled to Worker’s Compensation?

All workers are entitled to worker’s compensation for injuries that occur on the job, when going to and from work using company property, from traffic accidents, and for injuries that occur on company property. However, not everyone has the right to workman’s compensation.

Employers with less than three employees, sole proprietors/contracted workers, and farm workers who are employed for less than 20 days out of the month are often not covered by workman’s compensation. It’s vital to understand the type of compensation you are entitled to and whether or not you need to seek legal action.

Prepare yourself for action by learning the three times to hire a personal injury lawyer.

What Are the Grounds for Legal Action in the Event of an Injury?

Wisconsin Law prohibits workers from suing their employer for work injuries. Injured employees can seek legal action against the responsible party when the injury stems from either equipment malfunction or the carelessness of a third party, however. That entails product liability or negligence.

Product (Strict) Liability

According to the Wisconsin State Statute 895.047, an injured employee can sue if the injured party can prove the following :

  • The product was defective.
  • The defect existed at the time of the incident.
  • The product was considered dangerous.
  • There was no substantial change in the condition since it was sold.
  • The defect was the cause of the incident.

Negligence

Negligence cases hold a third-party responsible for injury or death as a result of carelessness. Examples of carelessness include improper instruction or use of equipment, poor working conditions, and disobeying safety procedures. If an employee is injured and can prove that someone else’s negligence was the cause, the employee can sue.

Protect Your Rights

Can you sue a third-party for damages? for those injured at work, the answer isn’t always clear. If you are unsure if you need to seek legal action for a personal injury (like a work injury), contact Gebhard Law for consultation.

When Is the Right Time to Call an Accident Attorney?

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You never expect it to happen, but accidents occur every once in a while. Whether it be a minor fender bender, a major crash, or somewhere in between, there are times when you need an accident attorney.

But how do you know when the right time is? Which situations require legal representation and which don’t? At what point in the process should you call?

two crashed cars over money

Does My Accident Warrant an Accident Attorney?

Sometimes the situation demands that you have an attorney on your side, helping you out. Other times, it’s best to keep things small and in-house. These are the times when you should definitely reach out to an attorney:

  • If you are injured, especially if the pain doesn’t stop.
  • If you will feel the hurt financially, with medical bills, lost wages, or car damages.
  • When there is a faulty report of the incident.
  • When the insurance company denies your claim or is acting in bad faith.

These are just a few reasons to call an accident attorney. All of them are viable reasons, and you should not hesitate to get into contact with legal representation.

Why Should I Hire an Accident Lawyer?

We get it: You want to handle the situation yourself, hopefully saving money in the process. But, if one or more of those reasons listed above happen, suddenly your money is flying out the window.

You want a knowledgeable attorney on your side. There are numerous complexities involved in any case. These include things such as dealing with insurance companies and having limited time to act. So, if you’re contemplating getting a lawyer, the answer has to be yes.

When Exactly Should I Call?

Time is of the essence when it comes to automobile accidents. The reports need to be accurate as soon as possible. You need to begin building your case immediately. And you only get one shot at the process.

The biggest factor in when to call for an accident attorney is proof—proof of injury, proof of damages, making sure the crash report is accurate, and getting the story straight on who is truly at fault.

So, when you feel that pain—bodily or monetarily—and you need to build a strong case for compensation, you need to contact an attorney within the first few days after an accident. This will give you the greatest chance of a powerful, quick legal case that ends with you getting what’s due.

Conclusion

Based on this information, more often than not you should contact an accident attorney. Their job is to aid you in this grueling, painful process to get you what you deserve.

There are instances where getting a lawyer is absolutely necessary. The reason why is because a lawyer has the knowledge, expertise, and time to help you create a case. But make sure you call a lawyer quickly: Time is not on your side when it comes to auto accidents.

If you’ve been involved in a car accident, a qualified Milwaukee accident attorney can help. Contact us today for a free consultation.