Recent Blog Posts

A State of Emergency in Wisconsin

In Wisconsin, we are currently in a State of Emergency as ordered by Governor Tony Evers.  Wisconsin law allows the Governor to issue an executive order for a State of Emergency.  Wis. Stat. 323.10.  A State of Emergency cannot exceed 60 days unless extended by joint resolution of the legislature.  A State of Emergency can also be revoked by a joint resolution of the legislature.

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Evaluating a Personal Injury Case

A personal injury attorney evaluates every case before deciding to take the case on.  In evaluating the case, the personal injury attorney has to assess many factors.  In order for a personal injury case to be successful, many components have to come together.

One of the first assessments made is potential liability.  A personal injury attorney must make a decision on whether a party can be held responsible for causing the injury.  This assessment will be different…

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Trucks are Highly Regulated

A steady stream of trucks comes through Eau Claire County on Interstate 94.   Since truck drivers travel over state lines to move their load they are governed by a complicated system of federal law.  These laws regulate among other things the amount of weight that a truck can haul and the amount of hours that a driver can spend behind the wheel per day.  A truck driver is required to keep detailed records of the time that they are behind the wheel and when they rest.…

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Texting and Teen Driving

One in three teens who text report that they have done so behind the wheel.  Texting behind the wheel is a cause of distracted driving.  Distracted driving is a danger not only to the driver but passengers, other drivers and pedestrians.   A new teen driver lacks the experience behind the wheel of a more seasoned driver.  The teen driver does not yet fully understand just how quickly things can change as a…

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What is Comparative Fault?

Wisconsin follows the law of comparative fault.  You do not have to be completely blameless in order to have a valid personal injury claim.  A jury or fact finder will determine the amount of fault attributable to all of the parties involved in a lawsuit.  These types of cases are often called cases of "shared responsibility."  After determining the amount of fault, an injured person may still be able to recover if they are not more than fifty percent responsible for…

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Victim of a Drunk Driver

At Herrick & Hart, we are called upon often to assist the victims of drunk drivers.  Drunk drivers still remain a great danger on the roads and cause many injuries and deaths each year.  As the victim of a drunk driver, you will be pulled into two different legal processes.  The first is the criminal process where you will be the victim.  Under Wisconsin law, certain rights apply to you under the victim rights statue.  The other process is the civil process.…

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The Danger of a Quick Settlement

After an injury, the person who is hurt is in a vulnerable situation.  They do not know how soon they will heal or if they will ever heal up.  They do not know when they may return to work or how they will take care of their loved ones during the recovery period.  The insurance companies fully understand the predicament the injured person is in and try to take advantage of the situation.

Soon after an injury, the injured person may be approached to take a quick…

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The Civil Jury Trial is a Constitutional Right

The right to a civil jury trial is firmly rooted in our system of justice.  The Framers of the Constitution put the 7th Amendment in the Bill of Rights which guarantees the right to a civil jury trial.  The right to a civil jury trial was the result of the advocacy of small government advocates.  At the time of the framing of the Constitution, there was concern about big government and the power of judges and those who work in government.

A jury trial gives citizens a…

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Class Actions Help People Who have Suffered Financial Harm

If a group of people suffer a financial harm, a claim may be appropriate for a class action suit.  A class action for a financial harm makes it possible to pursue a claim when just the pursuit of one claim of would be too expensive to pursue or would burden the court system.

Since the class action brings together many claims at one time, the process through the court system is streamlined.  Because all of the potential claims are combined, the cost of litigation is greatly…

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Complex Regional Pain Syndrome

Complex regional pain syndrome (CRPS) is a pain syndrome that involves an uncommon form of chronic pain.  The chronic pain usually affects an arm or a leg.  CRPS was first described during the American Civil War by Silas Weir Mitchell.  CRPS can be caused by an injury to the body.  In CRPS, the pain is out of proportion to the original injury.  CRPS can cause severe and debilitating pain.  Common symptoms of CRPS are excruciating pain, functional impairment of…

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