Recent Blog Posts
Clairemont Avenue - Navigating the Dangers
For thousands of Eau Claire residents, Clairemont Avenue is part of daily life. Clairemont Avenue is a route to school or work. It also serves to connect the east and west sides of the city. But the high volume traffic along with the series of stoplights makes Clairemont Avenue a prime location for serious car collisions.
At Herrick & Hart, we have seen the aftermath of the collisions far too often. Understanding the root cause of many of…
How are Jurors Instructed in a Civil Case?
In a civil case, jury instructions are the legal "rulebook" given to the jury by the judge. The primary purpose of the jury instructions is to guide the jury in applying the law to the facts that have come into evidence during the evidentiary part of the trial. Jurors are not legal experts, so the instructions attempt to translate complex legal principes into actionable guidelines.
Near the end of the trial, before the jury retires for deliberations the judge will…
A Car Crash Can Cost Financially
The major damage from a car collision is the human loss. This human loss is much more valuable and significant than mere property damage. A car can be repaired or replaced. A human being is much more valuable than any vehicle. A permanent injury can never fully repaired.
At Herrick & Hart, we take the time to value the human loss. We take time to ask the injured about the impact that the injury has…
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…