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The Scoop on Premises Liability

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A slip or fall that results in personal injury is never a good thing. But when it’s on another person’s property, the issue of premises liability arises. Premises liability holds property owners and occupants responsible for maintaining the safety of the property. Here’s what you need to know about building a case for personal injury and premises liability.

Premises Liability: Building a case

Just like any case, there is a time window for reporting a claim for personal injury. According to Wisconsin State Statute 893.54, you have three years from the date of the injury to file a claim in court. If that injury also caused damage to your property, say a cell phone or watch, you have six years to file a claim in court. To win a case and receive compensation for personal injury, the plaintiff must prove negligence.

Personal Injury Lawyer in Milwaukee

Negligence: Who’s fault is it?

Wisconsin State Statute 895.045 provides a lengthy definition of negligence:

“Contributory negligence does not bar recovery in an action by any person or the person’s legal representative to recover damages for negligence resulting in death or in injury to person or property, if that negligence was not greater than the negligence of the person against whom recovery is sought, but any damages allowed shall be diminished in the proportion to the amount of negligence attributed to the person recovering.”

The most important thing one must prove, in regards to negligence, is that the property’s owner was more negligent than the defendant. For example, if the property owner did not take the necessary steps to fix a broken step that a defendant fell on, they may have been more negligent. It comes down to comparing if the negligence falls on the plaintiff, then they are not entitled to compensation.

Compensation for Personal Injury

The amount of compensation a defendant may receive can also vary. According to nololaw, if the court finds that if the person making the claim has any negligence at all, they will only get a portion of the compensation. Essentially, if the plaintiff had knowledge of any unsafe conditions on the defendant’s property, they both contribute to negligence.

When You Can’t Cue for Personal Injury

Trespassing

Being somewhere you aren’t supposed to be is never good. According to Wisconsin State Statute 943.14, trespassing is defined as: “Enters or remains on any land of another after having been notified by the owner or occupant not to enter or remain on the premises.” Sustaining an injury while trespassing will most likely negate your chance of receiving compensation.

Places used for recreation

Wisconsin State Statute 895.525 illustrates that when you are performing recreational activities on premises, the participant accepts the risk associated with that. By accepting the risk, you are not able to seek compensation for any injuries that occur while on their premises.

More About a Personal Injury on Someone’s Property

If you’ve been injured on someone else’s property, it’s important that you understand personal injury laws. Knowing these laws can help you receive compensation for injury and damages. If you’ve been hurt on someone else’s property, call on Gebhard Law for consultation.

Assault, Battery and Personal Injury: Finding a Lawyer in Milwaukee

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According to the Wisconsin Department of Justice, there were 9,758 cases of simple assault and 6,400 cases of aggravated assault in Milwaukee County. It’s important to know how to seek legal action if personal injury is the result of an assault and battery. Here’s what you need to know about finding a personal injury lawyer for assault and battery.

What is Assault and Battery?

Wisconsin State Statute 940.01 defines assault and battery as, “whoever causes bodily harm to another by an act done with intent to cause bodily harm to that person or another without the consent of the person so harmed is guilty of a Class A misdemeanor.”

Assault can be both verbal and physical. Threatening physical harm against someone is punishable in the court of law. Battery often refers to using weapons, hitting someone with a car or having sexual relations with someone who is underage. Aggravated assault is essentially adding insult to injury. For instance, if you tell someone you are going to assault them and follow through with it, you have committed aggravated assault.

People are likely to defend themselves when threatened with violence. However, the legal definition of self-defense can be tricky.

What is Self-Defense?

Wisconsin State Statute 939.41  states that, “a person is privileged to threaten or intentionally use force against another for the purpose of preventing or terminating what the person reasonably believes to be an unlawful interference with his or her person by such other person.” In other words, a person is able to defend themselves if they are either threatened, assaulted, or if they are preventing the event of serious injury or death.

The self-defense statute allows you to defend yourself if someone unlawfully enters your home or business. However, if you provoke someone or if you intend to hurt someone, you lose the privilege of self-defense. For example, a bar owner has the right to break up the fight as long as he doesn’t cause harm. Or, if a person unlawfully enters your home and assaults you, you may defend yourself.

Self-defense is a touchy subject. If you seek compensation for injury due to an assault, here’s what you need to know about civil and criminal charges.

Seeking Compensation for Assault and Battery

Assault and battery cases can both be taken to criminal and civil courts. You must be able to provide an abundance of proof that the defendant made threats, and/or acted on that threat. People must present evidence beforehand if they are seeking compensation for personal injury in civil court.

Knowing the difference between assault, battery and self-defense can help you get the compensation you deserve. If you are the victim of an assault, contact Gebhard Law Offices for a lawyer with years of experience in personal injury.

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.

What to Look for In a Personal Injury Lawyer in Milwaukee

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When you need a personal injury lawyer, you want to be sure that you hire the right one for the job.

Having the right attorney by your side could make the difference in whether you win or lose your case. Often, the stakes in these cases are high, and the wrong decision could end up costing you a considerable amount of time and money.

No one wants to take chances in the courtroom. But, it can be difficult to know how to choose an attorney, especially if you haven’t ever needed one before now.

Are you looking for representation in a personal injury case? Read on to learn how to spot the qualities of a good lawyer.

Young couple in lawyer office

Qualities of a Good Lawyer You Should Look For

If you’re wondering what you should look for when hiring an attorney, here are some qualities of a good lawyer that you’ll want to see.

Personal Injury Courtroom Experience

Yes, you should look for a lawyer with courtroom experience, but that’s not all. You’ll want to find an attorney who has specifically dealt with personal injury cases.

It’s best if you can find one who has a proven track record of success in cases that are similar to yours. This will not only give you an advantage in your case, it will help you to feel more confident in the courtroom as well.

Referrals

Do you know anyone who has needed the services of a personal injury lawyer in the past? If so, it can be helpful to ask friends and relatives about their experiences. They may be able to offer a referral for the type of attorney you need.

Even if they were unhappy with their experience, it may help you to not make the same mistake.

Knowledgeable

Once you narrow your search, you should schedule a consultation with your top choices. During this initial appointment, you should bring a list of questions to ask potential candidates. Look for clues to gauge knowledge and interest prior to making a decision to hire an attorney.

For instance:

  • Does the attorney appear to possess extensive legal knowledge in areas related to your case?
  • If they don’t have an immediate answer to a question you ask, do they offer to find out and get back with you?

Trust

One of the most important qualities of a good lawyer is that they can be trusted by their clients. After all, you are depending on this person to have your back and fight for your best interest.

If your intuition doesn’t sit well with someone, there could be a good reason why. Don’t be afraid to turn down an attorney who makes you feel uneasy or comes across as dishonest. In the long run, you need to feel good about the person that you choose to represent you. Trust your gut.

Do You Need a Good Personal Injury Lawyer?

If you want a personal injury lawyer who exhibits all of the qualities of a good lawyer, contact Gebhard Law Office today. We specialize in Milwaukee personal injury cases.

Don’t need a lawyer right now but curious to learn more? Check out this post to find out when you should hire a personal injury attorney in Milwaukee!

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