Recent Blog Posts
Look Beyond the Billboards
You see them everywhere. Everday as you make your commute to work they are plastered on the sides of the road. These are the signs of what have become known as "billboard lawyers." But, when you or a loved one have been seriously injured, do you really want to trust their case to a billboard.
At Herrick & Hart, we believe your case deserves something more than a catchy slogan or goofy billboard. We are serious lawyers working on serious cases for those hurt…
Insurance Company Goals in Social Media Investigation
Insurance companies use social media as a tool to investigate a personal injury claim. The goal of the investigation is always the same - minimize the value of your claim or deny it altogether. They achieve this goal by gathering evidence that contradicts the alleged injuries, damages or facts of the accident.
The most common use of social media is to assist with denying an injury. This is accomplished when a person claims an injury and then posts a picture on social…
Wisconsin Law Presumes a Child Under the Age of 7 is Not Negligent
A child does not have the same ability to judge a situation that an adult possesses. Therefore, the law does not hold a child to the same expectations of an adult. At the same time, we do expect children to behave in an age appropriate manner. In Wisconsin, a statute sets forth that a child under the age of 7 years old is not capable of being negligent. Wis. Stat. 891.44. Beyond the age of 7 years, a child can be considered negligent, but the standard to which…
What is Mediation in a Personal Injury Case?
Mediation is a formal, structured process which tries to resolve a personal injury case. Mediation will often be required by the court as part of a scheduling order in the State of Wisconsin in personal injury cases. In mediation, both parties agree upon a mediator to assist in resolving the case. The mediator is often an attorney with extensive experience in the area of personal injury law. A mediator works as a professional facilitator to help the injured person and…
Dealing with Insurance Adjusters After a Collision
The moments and days after a car collision are often filled with stress, physical pain and anxiety. During this time, insurance adjusters are assigned to investigate the collision. First, you should understand that the insurance adjuster is a professional employed by the insurance company to investigate the claim. Although they may seem friendly and emphathetic to your situation, they are not your advocate.
You have a legal obligation to cooperate with your own…
Know Your Path: Personal Injury or Worker's Compensation
A person who is hurt at work is brought into a complex legal system. The two legal systems at work are worker's compensation and personal injury. The worker's compensation system is a no-fault system. It does not matter who was at fault for the injury, and the injured worker is entitled to benefits. In exchange, for these benefits the injured worker gives up their right to sue their employer. The personal injury system is based on fault, which is also known as…
Personal Injury Lawyers are Not Expensive Upfront
Personal injury lawyers are not expensive up front. This is a common misconception that hinders an injured person from taking the time to talk to a personal injury attorney. The reason personal injury lawyers are not expensive upfront is the contingency fee.
Instead of charging an hourly rate (which can be hundreds of dollars per hour) or a large upfront retainer, the lawyer agrees to accept a percentage of the final settlement or court award. How it works: the injured…
Stop for the School Bus
The familiar sight of the big yellow school bus signals the start of new school year. While school buses are the safest mode of transportation for students, the most dangerous moments are when a student gets on and off the school bus. A driver on the road has a duty to be careful around a school bus and lookout for children.
Wisconsin law requires that a driver stop 20 feet or more from any…
At Herrick & Hart, we often meet with injured persons who have signed documents after being injured. In many cases, we have to inform them that by signing a document they have settled the case and can no longer pursue an injury claim. An injured person must remember that the documents they sign with an insurance company after being injured are legal documents. We stress that before signing any document or…
Crosswalks are critical zones where pedestrians and drivers share the road. A driver needs to understand their responsibilties at a crosswalk. Understanding these responsibilities can prevent injuries and save lives. Wisconsin law clearly defines the rules for a driver at a crosswalk. Under Wisconsin law, a driver must yield to pedestrians in a crosswalk. If a pedestrian is entering the crosswalk on your side of the road you must stop and wait until they have…
Careful What You Sign After an Accident
A Driver's Duty at Crosswalks