Recent Blog Posts

The Insurance Company has the Advantage When You Go Alone

If you go it alone in a personal injury case, the insurance company has a distinct advantage.  Insurance companies have a much greater understanding of how insurance claims work.  Their knowledge of the process gives them a favored position.  Even a claims adjuster with minimal experience will have many active claims going at one time.  A claims adjuster will be part of a group that focuses on a particular type of claim giving them specialized knowledge.  The…

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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…

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What is a Catastrophic Injury?

A catastrophic injury does not have a universal definition, but generally refers to an injury that has many of the same characteristics.  A catastrophic injury usually results in a permanent disability and requires long-term medical treatment.  The medical treatment will often include surgeries, rehabilitation and ongoing therapy.  In addition, a catastrophic injury usually causes great financial hardship for the person injured and their family.   The financial…

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Millennials and Distracted Driving

Distracted driving is a serious problem for drivers of all ages, but is particularily prevelant among millenials.  Millennials are considered to be the generation born between 1982 and 2004.  This generation grew up with technology and is comfortable with its use in all venues.  The generation has no idea of a world without technology.  ARead the full story. »

Dangerous Texting By Truckers

Texting while driving can be dangerous for any driver.  The danger is compounded when it is performed by a trucker.  Truckers operate large and heavy vehicles that require a high level of concentration and attention to the road at all times.  A trucker who is texting takes their eyes off the road which reduces their ability to react to the changing traffic conditions around their truck and puts those on the road in danger.  The Federal Motor Carrier Safety Administration…

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The Importance of Umbrella Insurance

In addition to your primary automobile or home insurance policy, an insurance agent may offer you a policy of umbrella insurance.  The policy of umbrella insurance provides coverage which is above and beyond the primary policy of insurance.  Umbrella policies provide coverage in the event a person is seriously injured and the damages exceed the primary policy  An umbrella policy can protect personal assets if a very serious injury has been caused.  If you can afford a…

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The Legal Principle of Subrogation

A personal injury lawyer has to deal with the legal principle of subrogation everyday as part of their legal practice.  The princple of subrogation is at work in every personal injury case where medical bills are paid by an insurance company.  An insurance company has a claim that comes behind the plaintiff's claim for medical expenses they have paid.  Also, at work behind the principle of subrogation are complicated legal doctrines that must be applied before an insurance is…

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What are some of the Benefits of a Contingency Fee Agreement?

After a person is injured due to the negligence of another, one thought that crosses their mind is the cost of a lawyer.  An injured person who may be low on funds or put out of work by the injury cannot afford to hire a lawyer in the more traditional method of by the hour.  An injured person should put the thought of not being able to afford a lawyer out of their mind.  At Herrick & Hart, we agree on personal injury cases to accept payment from a contingency fee…

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Presumption of No Negligence in a Wrongful Death Case

Wisconsin law provides that in cases where a decedent passes away that they were presumed not to be negligent.  This presumption is set forth in a civil jury instruction.  The law is based on the concept that the decedent is not available to testify and therefore cannot defend him or herself.  This presumption can be overcome if other evidence is presented at trial.  A fact finder is asked to weigh the presumption along with all of the other evidence.  In order to…

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Snow Plows with Green Lamps

With the arrival of winter, snowplows are back on Wisconsin roads.  Wisconsin law recently changed to allow municipal highway deparments to equip their snowplows with green lamps.  The green lamps are in additon to the red and amber lamps that were already allowed by law.  Wis. Stat. 347.26(7)  A driver on the road should always use caution when approaching, overtaking or passing a snowplow.


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