Recent Blog Posts


Your Demand Met with a Wall of Silence

After you have hired a personal injury lawyer, the lawyer will work on your case to establish liability and prove damages.  In many instances, before a suit is commenced negotiations are started with the responsible parties or their insurance companies before a lawsuit is filed.  This is often called pre-suit negotiations.  Sometimes pre-suit negotiations are effective and bring your claim to a resolution.  In other cases, pre-suit negotiations are started and in return…

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The Impact of a Recall on Product Liability

Manufacturers recall defective products through the prompting of the government or at their own choice.  However, this does not amount to an automatic admission of product liability.  Many courts will allow the evidence of a recall to reach the jury to assist with a finding that the product was defective.  Even with a recall, the plaintiff must still establish the legal elements of a prodcut liability claim.

On the other hand, the fact that the product was recalled does…

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Personal Injury and Property Damage from a Fire

After a fire, the firefighters and insurance companies involved will want to know why the fire started.  This is called an origin and cause investigation.  The determination of how the fire started will have a great impact on the legal right's of the victims of the fire.  Once the origin of the fire is determined then responsibility can be assessed to the appropriate parties.

At Herrick & Hart, we often work with cases involving those impacted by fire damage.…

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Who is Responsible for Defective Machinery?

Defective machinery can pose a significant risk for serious injury or wrongful death.  A machine that is poorly designed, maintained or manufactured can cause great harm.  Determining if a claim exists for  defective machinery requires a personal injury attorney to investigate the facts of the injury and make decisions as to whether a viable claims exists.  A personal injury attorney can find the relevant standards for the industry in which the machine was manufactured and…

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Vertigo from a Car Collision

Cervicogenic dizziness, commonly referred to as vertigo, can follow as one of many injuries caused in a car collision.  Damage to the neck region is often the cause of vertigo.   Vertigo causes a sensation that makes a person feel like the floor is wobbly or the room is spinning. People with vertigo describe themselves as being pulled one way or another.  Nerves located in a person's spine allow a person to navigate in the dark or with their eyes shut.  These nerves…

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Statute of Limitations

Every civil claim has a statute of limitations.  Watch and listen to Attorney Jay Heit discuss define and discuss the statute of limitations:

 

 

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Herniated Disc Caused by a Car Collision

One of the many injuries that can happen to the back is a herniated disc.  A herniated disc occurs when the jelly-like center of the disc ruptures and begins to leak.  After rupture, the herniated disc can irritate the surrounding nerve.  When the disc pushes on a nerve, it can cause pain to the back and legs.  The location where the person feels pain will depend upon the area of the back where the disc is herniated.

In a car collision, force is applied to the…

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Custody and Placement Explained

Attorney Allison Shepard takes the time to explain custody and placement.  Ms. Shepard is an experienced family law attorney at Herrick & Hart.

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Slip and Falls 101

Watch Jay Heit, an attorney experienced in personal injury law, discuss the basics of a slip and fall case.  If you've been injured in a slip and fall, take the time to contact Herrick & Hart S.C. to schedule a free personal injury consultation.

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Your Right to a Civil Jury Trial

Attorney Jay Heit, took the time to discuss a person's right to a civil jury trial in the State of Wisconsin.  You can watch the video by following the following link.  The video is found on the firm's YouTube Channel.

If you have additional questions about your right to a civil jury trial, take the time to contact Herrick & Hart.


A Doctor Can Make a Mistake

Your health and the health of your family are paramount in importance.  Sadly, sometimes we do not get the medical care that we deserve.  A doctor as a professional is held to a standard of care.  When a doctor goes below the standard of care and injures a patient, the doctor can be held responsible.  At Herrick & Hart, we have represented individuals in a wide range of medical malpractice cases.  Some common errors include a missed or wrong diagnosis, delays in…

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Trucking Collisions are Complex

A trucking accident case is often complex and involves several issues that do not present themselves in a motor vehicle accident.  One of the first challenges that needs to be addressed is finding the rules that govern the trucking industry.  The Federal Government provides regulations for the trucking industry.  Rules for trucking accidents can also be found in state law and even in local law depending on the location of the accident.  To add another layer of complexity…

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Minor Collisions can Cause Major Harm

After a car collision an injured person may not feel right even if there is little damage to the exterior of the motor vehicle.  An injured person should be careful not to underestimate the damage that a seemingly minor collision can cause.  In many cases, the damage to the vehicle may not show on the exterior but may be found in structural damage to the vehicle.  If you feel pain after such a collision, feel free to seek medical care.

With a no visible damage…

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Eau Claire Wisconsin Personal Injury Lawyers

When you hire Herrick & Hart, you can rest assured you are getting an Eau Claire personal injury attorney.  We have been located in Eau Claire since 1951.  Our attorneys are involved in the Eau Claire community and call it home.  

With modern advertising, it is easy for a company just to put Eau Claire on a webpage or create a page listing Eau Claire.  You need to take time to make the informed…

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What are the Benefits of a Free Consultation?

Herrick & Hart offers a free consultation on all cases involving an injury.  This allows an injured person the opportunity to have their case reviewed by an attorney experienced in the field.  With one call or e-mail, you can set up a meeting to ask questions.  At the meeting, you will be able to share information and explain the facts surrounding the injury and your current situation.  The attorney will review your case and explain the legal process.  The…

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Is a Bad Result Always Medical Malpractice?

An unfavorable result is possible with any medical procedure.  In some cases, the result is out of the control of the medical professional.  However, an unfavorable result may many times lead to the discovery of medical negligence.  A medical professional is held to a standard of care.  If injury results as a failure to follow the standard of care, a case for medical malpractice may exist.  In order to determine if you have a case for medical malpractice, you will…

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Are Police Collision Reports Admissible at Trial?

After a collision, a law enforcement officer will put together an collision report.  This document is important because it gathers information about the collision and places it into one document.  This document may later be used by an insurance company and lawyers to start their investigation of the collision.  An insurance company may also make a determination of liability based up on the accident report.

However, if the case proceeds to trial the actual collision…

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Is Car Insurance Required in Wisconsin?

In the State of Wisconsin, the vehicle owner is required to have insurance on the vehicle they are driving.  The requirement to have insurance became effective in January, 2010.  Up until that time, a driver could legally drive a car in the State of Wisconsin without insurance.  The type of coverage that is required is liability insurance coverage.  Liability coverage applies when a driver is negligent and hurts another person.  There are many other different types of…

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Wisconsin Law on Use of Deadly Force by Law Enforcement

Wisconsin has a statute that requires law enforcement officers to use every effort to preserve and protect human life and the safety of all persons.  Wis. Stat. 175.44  The policy further provides that deadly force should only be used as a last resort when the officer reasonably believes that all other options have…

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How Can I Speed Up My Personal Injury Case?

The issue of moving a personal injury case along faster is a concern of both the client and the personal injury attorney.  However, there are major concerns that present themselves by not taking the time to work on a personal injury case correctly.   A quick settlement is what the insurance company wants an injured person to seek.  The insurance company wants to take advantage of a person who is out of work or in pain and offer them a quick settlement.  An experienced…

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A Dog Bite can Result in more Than a Scar

The Centers for Disease Control and Prevention reports that in the United States each year approximately 4.5 million dog bites occur.   About 1 in 5 people who are bit will require medical attention.   A dog bite can be much more complicated than a puncture wound, stitches or a scar.  An average of Read the full story. »


Truck Driver Fatigue Puts Those on the Road at Risk

A tired truck driver is a danger to fellow travelers on the road.  A trucking company may put pressure on a driver to get their goods quickly to a destination.  A trucking company may also exert influence over a trucker to ignore rules to cover more ground.  A driver may also have become fatigued due to a medical condition or medication.  A tired truck is more likely to have slow reaction time, drift into other lanes,  be forgetful and make poor decisions.

The…

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Can You Sue for Pain and Suffering in Wisconsin?

Wisconsin law allows for an injured person to sue for pain and suffering.  However, the the term "pain and suffering" is a narrow term that is much better defined in the instructions that are given to a jury at trial.  The law defines "pain and suffering" broadly as physical pain, worry, distress, embarrassment and humiliation.  The law also allows a jury to compensate for the impact to normal life activities and the loss of the pleasures and benefits of life.  A lawyer…

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Truck Tire Blowouts

The blowout of a truck tire can have serious results.  The blowout could result in a rollover, a sudden stop or debris flying down the highway just to name of few of the potential outcomes.   A truck tire that hauls heavy loads can also wear out quickly.  Further, trucks haul over many miles and sometimes rough roads.  In many instances, these blowouts could have been prevented if the truck companies performed appropriate maintenance or safety inspections.…

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Real Estate Appraiser Statute of Limitations

In the recent legislative session, the Wisconsin Legislature created a statute of limitations for real estate appraisers.  Actions against real estate appraisers should be commenced within 5 years or be barred.  This limitation applies to actions against real estate appraisers to recover damages based on tort, contract or other legal theories.  The new limitation is codified under Read the full story. »


Letting You Prioritize Recovery

A personal injury takes a great toll on the injured person.  Besides being hurt, the injured person can have insurance companies calling, bills pile up and many unanswered questions about what happens next.  A personal injury lawyer can help an injured person prioritize recovery.  A personal injury attorney can assist with unanswered questions and begin to unravel the complicated process that presents itself with each personal injury case.   A person injured should…

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Dog Bite Scars Impact the Wellbeing of the Person Bit

Nearly all dog bites will leave some type of residual scar.  The scars that are left are seldom uniform but have jagged edges and irregular shape.  This makes dog bite scars more noticeable than other types of scars.  Scars that remain on the face of the person bit are the most traumatic and noticeable by others.

A scar remains as a visual reminder of the dog bite.  Common psychological effects that come with a dog bite scar include low-self esteem, anxiety, and…

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The Importance of Machine Guards

Machinery has the ability to cause serious personal injury.  The injuries that it can cause include burns, amputations, crush injuries, blindness and even death.  Machine guards can help keep machinery safe and prevent injury.

If you are injured by a machine whether at home or at work, you should take the time to contact a personal injury attorney.  Even if you are injured at work, you may have a claim in addition to the worker's compensation claim against your…

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Bicycles Will Be Back on the Road Soon

Spring is not too far into our future.  With the advent of spring, bicycles will be back on the roadways.  Here are some facts about the law of riding bicycles in the State of Wisconsin.

-  A bicycle is defined as a vehicle.  Wis. Stat. 340.01(5)

-  A bicycle should ride on the right side of the road in the same direction as other traffic.  Wis. Stat. 346.80(2)(a)  

-  A bicycle may be ridden on the shoulder of a highway unless…

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Helping Victims of Drunk Drivers

When a person drives while intoxicated they not only violate the criminal law, but if they cause injury they are also subject to the civil law.  A person injured by a drunk driver finds themselves, through no fault of their own, pulled into two different areas of the justice system.  At Herrick & Hart, we have assisted individuals by asserting their rights in the criminal process and representing them in measuring their damages in the civil process.  Both processes are…

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United States Road Deaths are on the Rise

A recent article showed that United States road deaths are on the rise.  In the first nine months of 2021, the number of fatalities was 31,720.  That nine month figure was the highest since…

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Dog Bite Emergencies

A dog bite can be a tragic event.  After a dog bite, the injured person wonders what steps should be taken immediately.  Here are some things to keep in mind:  get proof of the rabies vaccine for the biting dog, clean the bite with soap and water, and if the bite is is severe seek immediate medical attention.  If the owner of the dog is unable to verify that the dog is up to date on the rabies…

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How Do I Know if I Have a Personal Injury Case?

This is a question that is complicated by many factors.  In order to determine if you have a viable personal injury case, you should consult with a personal injury lawyer.  A personal injury lawyer can ask questions about your injury and the situation surrounding the injury and make an assessment.  The field of personal injury can be…

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Immunity Laws Shield Irresponsible Conduct

Tort law generally allows a compensation for an injury by holding the negligent party responsible for their conduct.  However, in certain situations the law provides immunity to the responsible party.  Immunity laws protect a responsible party from being fully accountable for their conduct.  Although immunity laws can be broad in scope an experienced lawyer should examine the facts around your injury to see if the immunity law is actually applicable.

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Car Collisions that Lead to Neck Injuries

If you have been involved in a car collision, you can well understand the damage that can be done to the neck.  A car collision often involves high speeds and a sudden extension and retraction of the neck at the time of impact.  This hyperextension of the neck followed by an immediate hyperflexion is often termed "whiplash".  However, the term whiplash is far too simple and generic to describe the damage done to the neck.  A car collision can result in damage to the…

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Lost Wages Due to an Injury

Any type of injury can result in lost wages.  If your injury was caused due the negligence or fault of another you should be compensated for your loss by the responsible party.  A personal injury attorney can help you calculate the amount of lost wages that are owing due to an injury.  The calculation of wages can be complicated depending upon the type of compensation structure that an employee has with their employer.  Lost wages or lost profits are even more difficult to…

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Seeking Medical Attention After a Car Collision

Many involved in a car collision initially underestimate the severity of their injuries.  Far too many refuse medical attention at the collision scene and refuse to be taken away by ambulance.  At the collision scene, a person will be dealing with the initial shock of the collision and have adrenaline flowing in their system which can mask the pain of injury symptoms.  If you are hurt and you do not seek treatment at the scene, the defendant's insurance company may use this…

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Asleep Behind the Wheel

Drowsy driving is the result of sleepiness or fatigue combined with getting behind the wheel of a motor vehicle.   Sleepiness can be caused by a lack of sleep but also other causes such as medications, alcohol consumption or untreated sleep disorders.  Drowsiness impairs a driver's ability to make good judgments while driving and decreases a driver's ability to pay attention to the road.  Drowsy driving can lead to tragic results such as severe personal injury and…

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Herrick & Hart Works as a Team

When you hire Herrick & Hart, you not only hire a law firm and lawyer, but you also hire a team to assist you through the complicated personal injury process.  Herrick & Hart has several lawyers with many years of experience in the legal profession.  Herrick & Hart also has dedicated legal assistants who are familiar with the personal injury process.

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Motorcycle Riders are Vulnerable

A person riding on a motorcycle is in a vulnerable position to receive an injury in a crash.  A motorcycle does not protect a rider's body in any way.  A car driver turning left in front of a motorcycle is a common cause of motorcycle accidents.  A motorist has a duty to keep a lookout and manage and control their vehicle.  A car driver will often fail to see a motorcycle and misjudge the speed at which a motorcycle is travelling.  Even at low speeds, a collision…

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Take the Time To Buckle Up

We have all heard the phrase "seat belts save lives."  For many years in the State of Wisconsin, the use of seat belts has been the law. The use of a seat belt is an easy way to save lives and prevent injury.  At Herrick & Hart, we have represented many injured individuals whose lives were saved or injuries mitigated due to the use of a seat belt.

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Post-Concussion Syndrome

A concussion is a brain injury.  A concussion may have symptoms such as nausea and blurred vision.  A person who has experienced a concussion may develop post-concussion syndrome  Post-concussion syndrome is when the symptoms of a concussion linger on well past ten days after the initial injury.

A neurologist is a type of doctor who works with post-concussion syndrome  Post-concussion syndrome can be debilitating and lead to changes in a person's lifestyle.…

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Eau Claire Criminal Defense

At Herrick & Hart, we have been defending those accused of a crime for over 70years.  We have experienced defense counsel on staff.  If you have been charged with a crime, you should seek the advice of experienced defense counsel.  An experienced attorney can assist you through the complicated criminal defense process.  A criminal charge should never be underestimated because it can result in the loss of liberty.

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Fireworks Injuries

Fireworks are a major part of our culture and used to not only celebrate the 4th of July, but birthdays and holidays.  Although burns are a common fireworks injury, they are not the only injury caused by fireworks.  The modern fireworks of today are powerful and cause injuries to eyes, hands, fingers and other body areas.  

If a person is injured by fireworks, a person should speak with a personal injury lawyer.  There are many questions a lawyer will want to ask…

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Maintaining a Safe Place

Wisconsin law provides that the owner of a business has a duty to maintain their premises as safe as the nature of the premises reasonably permits.  This rule also applies to rentals that contain four or more units.  The rule is generally referred to as the safe place law.  The safe place law applies both to inside and outside of a business.  The safe place law also applies to all of the seasons of the year.

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A Personal Injury Lawyer for a Personal Injury Case

The information age is well upon us.  As the amount of information increases that is available, areas become more specialized.  Practically and logically, that statement also goes for personal injury cases.  When you hire Herrick & Hart to represent you in your personal injury case you are hiring a firm that has practiced personal injury law for over 70 years.  Our years have of practice have earned us valuable experience we can put to work for you.  As personal…

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Punitive Damages

In some cases, punitive damages may be available to the injured person.  In order to determine if punitive damages are available, you will want an experienced attorney to evaluate your claim.  Punitive damages are awarded where the defendant's conduct is willful, wanton and malicious.  Punitive damages are intended to punish a defendant for their behavior.  A clear example of a case where punitive damages may be available is a drunk driving case.  Wisconsin law…

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What Types of Products are Subject to Claims for Products Liabilty?

Basically any product that someone has made that they are in the business of selling is subject to a products liability claim.  There are some well known examples of products liability claims:

- automobiles, such as the claims made against the Ford Pinto,

- farm equipment and machinery,

- lawn mowers and gardening equipment,

- space heaters, fireplaces and furnaces,

- dangerous toys made for children especially those made with lead paint or that…

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Herrick & Hart - Serving Eau Claire and the Surrounding Communities

Herrick & Hart is known for being in Eau Claire, Wisconsin, located next to the Eau Claire County Courthouse.  Herrick & Hart is a proud member of Eau Claire's downtown community.  The firm looks forward to being a vibrant part of downtown Eau Claire for years to come.

Our legal work…

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Traumatic Brain Injury

A traumatic brain injury can impair many skills that a person takes for granted such as motor skills, cognitive skills and verbal skills.  A traumatic brain injury can greatly diminish the quality of a person's life.  An injured person's family will also have to adjust around the impaired skills of their loved one.  A person with a traumatic brain injury may not be able to function at the employment level that they once did prior to the injury.  The injured person may have…

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Fatigued Truckers

Federal law extensively regulates interstate trucking.  A trucker is subject to hours of service requirements and is required to keep a log book.  The log book keeps track not only of the time the trucker is on the road but off duty as well.  The regulations place strict limitations on the number of hours a trucker may operate their truck without resting.

A trucker who is sleep deprived is a danger to all of those on the road.  A common cause of accidents is driver…

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Avoiding Child Head Injuries

A concussion is a serious injury.  A child is susceptible to a concussion in certain activities because they do not exercise the same maturity and judgment of an adult.   Children are more likely to take risks that an adult would not.  Children also have weaker necks and torsos leading to more head injuries.  An article in Snowboard How, states that 53% of head injuries to children could be prevented by…

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Do I Need A Lawyer?

The question of whether you need a lawyer depends upon the situation.  Your legal rights are very important.  Your liberty or property may be taken if your rights are not property asserted in a legal proceeding.  At Herrick & Hart, we tell those who ask us that when you have any doubt of whether you need a lawyer then you should talk to a lawyer.  A lawyer can answer your legal questions and assist you either through or with starting a legal process.

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Hire a Personal Injury Attorney and Save Yourself a Headache

A personal injury case can be very complicated.  An innocent person finds themselves injured and has to navigate the confusing tort system.  A claim following an injury is filled with complicated language and acronyms that people unfamiliar with the system do not understand.  One of the ways to avoid the headache that comes after a personal injury is to hire a personal injury attorney.  A personal injury attorney can take some of the stress out of the situation and seek a…

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Helping a Person with a Traumatic Brain Injury

Traumatic brain injuries can happen in many ways.  A person who suffers a direct blow to the head can suffer a traumatic brain injury.  A person who suffers from a traumatic brain injury may appear to be healthy.  However, those who are around the injured person will begin to point out their changed behavior.

There are many ways you can help a person with a traumatic brain injury.  If the injured person is married, you might ask their spouse how you can be of help.…

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Fibromyalgia from a Car Collision

Medical science has shown that fibromyalgia can be caused from the traumatic injury that comes from a car collision.  Fibromyalgia that is caused by trauma is called posttraumatic fibromyalgia.  Fibromyalgia is known as a disease of amplified pain.  Fibromyalgia does not cause the destruction of pain pathways in the body.  Instead, fibromyalgia causes chronic changes along the pain pathways of the body which results in chronic pain.  The result of fibromyalgia is…

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Speak to an Experienced Lawyer

At Herrick & Hart, we take pride in our long tradition of standing up for those who have been injured by the negligence of others.  We have been on the side of the injured since 1951.  When you take the time to contact Herrick & Hart, you will be talking to an experienced personal injury attorney.  We are not a "sign & settle" law firm that takes the first offer put out by the insurance company.  Instead we take the time to examine an injured person's claim and…

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Insurance Disputes

Insurance polices can be difficult to figure out for those not familiar with the language of the policies.  To complicate things further, the law has particular rules on just how to read and interpret the language of insurance policies.   There are many times when an owner of an insurance policy may find themselves in a dispute with their own insurance company over what coverages are available in their insurance policy.   This comes as a new experience to most…

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What is Distracted Driving?

Distracted driving is the engagement in another activity while driving.  Some examples of distracted driving are eating, making a phone call, sending texts, receiving texts and interacting with the radio.  A driver who is distracted could have their attention to the road impaired.  The impairment of attention can considerably increase the risk of causing a collision with a motor vehicle.

Distracted driving is a great danger of the roadways.  Each year distracted…

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My Child was Bitten by a Dog

Every parent of a young child confronts at some point a dog who is threatening to the child.  Most of these incidents end without harm.  Some, on the other hand, end tragically with life threatening injuries and scars.  As a society, we have made a choice to allow dogs to live with us.  They are traditionally known as "man's best friend."  With that choice that society has made, homeowner's policies typically insure against a dog bite.  Sadly, many of the victims…

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Putting Together the Documentation For a Personal Injury Claim

A personal injury claim is document intensive.  In putting together a claim, just a few of the documents that a personal injury attorney collects include medical records, medical bills, collision reports and wage loss verification.  The documents are evaluated and then the personal injury attorney makes additional decisions as to what documents to collect in order to make a full assessment of the claim.  The claim may submitted to an insurance company or go directly into…

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Propane Tank Injuries

Propane is a type of gas that is sold for residential and commercial uses.  Propane is pressurized into a liquid state for transportation and storage.  Because the propane is pressurized, even a small leak of propane can create a serious safety hazard.  If the leaking propane ignites, an explosion can follow that can cause serious personal injury and even death.

A common use of propane is for grills and outdoor heaters.  These are the twenty-pound small propane…

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Locking Out a Dangerous Machine

A personal injury attorney will at times work on injuries caused by dangerous machines.  Even if an injury occurs at work, an employee may still have a claim against the machine manufacturer or the distributor of the machine.  One of the concerns that is addressed with evaluating a claim against a machine manufacturer is whether the machine was capable of being "locked out."  A machine is capable of being "locked out" if it meets one of the following requirements: …

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The First Lawyer I Called Declined My Case, Should I Call Another?

At Herrick & Hart, we often receive calls from injured persons who have been told by the first lawyer that they talked to that they do not have a personal injury case.  An injured person should realize that a second opinion, just like a a doctor's opinion, can differ from attorney to attorney.  We have successfully represented many individuals who were told by a prior attorney that they did not have viable personal…

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Complex Regional Pain Syndrome from a Trauma

Complex Regional Pain Syndrome (CRPS) is a term used to describe disorders where the pain is not in proportion to the inciting event.  The diagnosis of CRPS involves continuing pain, alloydynia, edema, sweating changes  and changes in skin color.  The exact nature and combination of the symptoms are not related to the severity of the initial trauma.  Patients with CRPS often present for medical treatment with a warm, red, and swollen extremity.   CRPS will…

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Wrongful Death of a Loved One

In Wisconsin, a loved one's death can result in a wrongful death claim.  The requirements for a wrongful death claim are very specific.  A lawyer must first determine who actually is the owner of the claim and the time limitations that apply to the claim.  

An experienced personal injury attorney can evaluate the circumstances around the death to see if a claim is worthy of investigation. In many cases, responsible parties are found that are not obvious.  If a…

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How Do I Know if I Have a Claim for a Personal Injury Case?

The answer to the question is always that it depends on many factors.  A personal injury lawyer must evaluate the case and find out many facts before making a conclusion that a case has merit and is worth pursuit  A personal injury lawyer should explain to the client the risks in pursuing a claim.  The client should be aware that legal process is complicated and has many pitfalls.

An injured person should know that they should not hesitate to contact an attorney. …

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Preparing for Your Deposition

During a personal injury case, it is very common for the injured person to submit to a deposition.  The opposing party, which is often an insurance company, may compel the injured person to answer questions under oath.  The questions are asked after the injured person is placed under oath.  A court reporter is either in the room or appears remotely to transcribe the questions and the answers.  The questions and answers and then combined in document called a…

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A Pedestrian has Rights

Everyday, pedestrians are injured by motor vehicles. A person crossing a street or a sidewalk must rely on drivers to pay attention and follow the applicable traffic laws.  These laws include maintaining a proper lookout while driving.  A driver who fails to pay attention puts a pedestrian at risk.  As with any personal injury case, there are many variables involved.  These variables include whether or not the pedestrian was in a crosswalk or obeying a traffic signal.…

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What is a Statute of Limitations?

A statute of limitations is a law passed by a legislative body which sets the maximum time to start a legal proceeding.  If the legal proceeding is not started by a certain date, the legal proceeding is time barred and will be dismissed.  Different types of claims have different statute of limitations.  In order to determine the correct statute of limitation for your claim, you should consult an attorney.  

In certain situations, a statute of limitation can be…

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Cheerleading Concussions

The cheerleading of today is much more demanding and extreme than that of the past.  A cheerleader is required to perform extreme acrobatics many times a great distance from the floor.  A cheerleader is often asked to jump upon shoulders or be tossed.

The American Academy of Pediatrics has identified cheerleading as having one of the highest rates of concussions during practices.  Cheerleading ranks second to boy's football in the number of concussions.  However,…

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Bus Injuries

City buses are not the only type of buses that are involved in accidents.  There are many other types of buses.  Some of the other common types of buses are school buses, tour buses and private buses.  A bus driver is required to have specific training and licensing in order to operate a bus.  A bus driver must not only contend with traffic but with the distractions caused by passengers on the bus. The bus driver must also keep in mind the sheer magnitude  and the…

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Business Interruption Coverage

With businesses currently closed by government order, questions are arising about business interruption coverage in insurance policies.  In order to evaluate a policy for business interruption coverage, an attorney must first review the actual language of the insurance policy.  Wisconsin laws are unique to other states when it comes to interpreting insurance policy language.  Secondly, Wisconsin has specific rules that apply to different lines of insurance that are sold. …

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Referring a Case to Herrick & Hart

At Herrick & Hart, we often receive referrals from other lawyers.  We appreciate the trust and confidence that the legal community places in Herrick & Hart.  There is no greater compliment that we receive as a firm than to receive referrals from other lawyers.  We understand that the modern practice of law is much more specialized than in the past.

As a lawyer who refers a personal injury case, you should be confident that a referral to Herrick & Hart will…

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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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A Reason Not to Settle Your Case On Your Own

If you have been hurt in an accident,  you may think you can go it alone.  However, before doing so you should stop and think about the consequences of making uninformed decisions.  A mistake that many injured people make is not understanding the insurance coverage available.  Even if the person hit you does not have insurance or inadequate insurance there still may be coverage available under your own policy.  However, this coverage will be set out in insurance…

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Wisconsin Follows the Law of Comparative Negligence

Each state has its own rules regarding negligence.  Wisconsin follows the rule of comparative negligence.  The law is codified in Wis. Stat. 895.045.  Under the comparative negligence law, an injured person will not be prohibited from recovering if the injured person's negligence was not greater than from whom the recovery is sought.  

A jury determines the amount of negligence assessed…

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Is Automobile Insurance Required in Wisconsin?

Wisconsin joined the vast majority of States nine years ago that require an automobile on the road to have insurance.  However, many drivers still flaunt the law and make the choice to drive without insurance.  In the event you are injured by a driver without insurance, your own automobile insurance policy should have uninsured motorist coverage.  In many cases, the drivers who drive without insurance are without adequate assets to cover the damages they have caused.…

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Professionals are Held to a Standard of Care

Professional malpractice is malpractice commited by someone who is a professional or holds themselves out to be an expert in a field.  Professional malpractice extends past the medcial field to include dentists, veternarians, psychologists and therapists just to name a few of the fields that are subject to professional malpractice.  Accountants are also subject to professional malpractice.  A bad result is not always the foundation of a professional malpractice claim.  A…

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Double Damages for Wisconsin Dog Bites

Dogs are often known as man's best friend.  Howerver, many people each year are the victims of dog bites.  In Wisconsin, liability for dog bites is governed by statute.  Wisconsin is a strict liability state for the purpose of dog bite liability.  The injuries from dog bites are often severe and many times result in nerve damage or scarring.

An owner of a dog who is on notice that the dog has previously bitten someone can be liable for double damages.  This…

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What is the Value of a Personal Injury Case?

Unfortunately, there is no easy answer to this question.  No one should tell you otherwise.  Any attorney who tells you that the answer to this question is easy is either guessing or simply trying to tell you what you want to hear.  In order to begin an investigation of  a case a lawyer needs to conduct interviews, review accident reports and review medical records.  The lawyer will have to consider facts and circumstances surrounding the case the nature and extent of…

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Do I have a product liability claim?

This is a difficult question for a lawyer to answer without knowing the facts surrounding the injury. A manufacturer of a product has duty to produce a product that is safe for the user. The product should also not create an unreasonable risk of injury when used in a foreseeable manner. If you have been injured by a product, you should seek the advice of an attorney. You may have a claim for products liability.

In recent years, the law in the State of Wisconsin has been overhauled on…

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Opening Statements are Part of a Trial

A way to resolve a personal injury case is through a jury trial.  A jury trial trial involves choosing jurors to serve on a jury.  After a jury is selected, the parties of the lawsuit are allowed to make opening statements.  The opening statement provides the first opportunity to advise the jurors as to what order the evidence will come to them.  The parties are allowed in their opening statements to advise the jurors what the evidence will show.  The parties are not…

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How Do Legal Rules Influence Behavior?

The classical ambition of legal regulation is to change or deter behavior.  A personal injury suit is a private action on a person's part to enforce the law.  The fear of hurting someone and being involved in a lawsuit should serve as a deterrent to negligent behavior.

In recent times, we have seen how changes in the law have made people safer.  The advent of mandatory seat belt laws has led to fewer deaths and catastrophic injuries on the roadways.  The mandatory…

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Eating and Drinking While Driving

Eating and drinking while driving is as old as cars themselves.  While eating and drinking while driving is not illegal by itself in the State of Wisconsin, eating and drinking behind the wheel can cause distracted driving.  Studies have shown  that drivers who eat and drink while driving are 3.6 times more likely to be in a crash and 65% of near miss crashes are caused by drivers eating or…

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Concussions in Small Children

Concussions are not limited to adults.  Small children and babies can suffer from concussions as well.  A concussion is a mild traumatic brain injury.  A concussion can occur after an injury that causes a person's head to shake violently back and forth.

A concussion is more difficult to diagnose in a baby or small child that is unable to speak or has limited ability to communicate.  A small child will not exhibit the walking difficulties or slurred speech that are…

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Are You Able to Sue a Government Entity?

In certain cases, a person may be able to sue a government entity.  Before proceeding against a government entity, the personal injury attorney must determine whether the government entity has sovereign immunity.  Sovereign immunity is a legal doctrine derived from British common law.  The doctrine is based upon the principle that the "King could do no wrong."  The doctrine of immunity is complex and what type of government entity is involved can lead to different answers…

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What If I Have Already Started Work on My Case Myself?

If you have started to work on your personal injury case yourself, you can still contact a lawyer.  At Herrick & Hart,  we see injured persons who often think that they can go it alone.  However, after they begin the complex process of putting together a personal injury case they realize the need for experienced legal advice.   A person who goes it alone is going against an insurance company which has tremendous resources…

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Dizziness following a Car Collision

A common symptom for a person to experience after a car collision is dizziness.  Dizziness is a common symptom for a person who has experienced a concussion or a traumatic brain injury.   The sensations that accompany dizziness include being unsteady, feeling weak, feeling nauseous, a feeling of being light headed and floating.  A false sense of spinning is called vertigo.

Dizziness can cause a loss of balance.  A loss of balance creates an additional danger…

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Executive Dysfunction Following a Brain Injury

Executive dysfunction is a term used to describe the behavioral, emotional and cognitive difficulties that follow a brain injury.  The impairment of executive functions is common after a brain injury and can have a major impact on a person's quality of life.

Executive function is a broad term which can include many abilities like making decisions, learning rules, solving complex problems, performing more than one task at once, planning, organizing, concentrating, controlling…

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People Can Change Because of Lawsuits

Lawsuits can mean much more than two sides fighting over money.  A lawsuit can get people to change their behavior.  In some instances, just the potential of a lawsuit is enough for someone to stop and think before engaging in dangerous or negligent behavior.  In other cases, once a lawsuit is started the word spreads that a type of behavior can lead to injury and eventually a lawsuit.  Once others hear of the lawsuit they will stop the behavior in order to avoid potential…

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Lawsuits Can Provide Information and Explanations

A person may believe that the only reason for a lawsuit is to obtain monetary compensation.  Although this is one of the reasons for a lawsuit, it is by no means the only benefit that can be derived by going through the civil litigation process.  After a lawsuit commences, the discovery process begins.  During the discovery process an injured person will begin to receive information as to why they were injured.  This can provide an explanation to the injured person about…

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The Law is an Adversarial System

In the United States, the legal system is an adversarial system.  This means that legal advocates take positions for their clients and make arguments on their behalf.  The legal advocates also present evidence in court to either prove their case or defend their case.  A neutral party which is a judge or a jury hears the evidence and makes a decision.

Even the most straightforward personal injury claim is subject to the adversarial system.  Immediately after a car…

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Failing to Hire a Lawyer

The biggest mistake a person can make after being injured is not hiring a lawyer.  The second biggest mistake is not involving a personal injury lawyer as early as possible in the process after being injured.  The decisions that a person makes after being injured can hurt their personal injury claim.  The injured person may forget or lose sight that they are involved in an adversarial process.  A slight mistake on the part of the injured can cost them significantly …

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Insurance Policy Language

Insurance companies have the advantage when it comes to the language contained in their policy.  In some cases, they use their own language in the polices that they have created to deny claims.  If you find yourself in this situation, you should take time to talk to an attorney.  An insurance policy may provide coverage for situations that may not seem obvious to a person unfamiliar with insurance polices.  Also, a person should not take for granted that the insurance…

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Drowsy Driving a Threat to the Roadways

A drowsy driver is a threat to all who are on the roadways.  A driver's alertness, judgment and vision decrease with fatigue.  Everyone needs sleep.  Sleep is a basic human need and the body cannot function without it.  Drowsy driving crashes most frequently occur between midnight and 6 a.m. or in the late afternoon.  This is the time when there are dips in the circadian rhythm.  A driver who is foggy should take a break and get proper rest.

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Privacy Settings on Social Media

Social media is part of our everyday lives.   The technology allows people to stay in touch and share news better than ever before.  However, for the victim of a personal injury case social media can have negative consequences on their claim.  Everything that a person posts online can potentially be used as evidence in a personal injury case.  That is why it is important to consult with a personal injury…

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Wisconsin Lawsuit Rules Change

Recent changes were made to the discovery rules for lawsuits in Wisconsin.  A general cap is now in place that allows only 10 depositions per side in a lawsuit.  The parties to a lawsuit are allowed to stipulate to allow more depositions to be taken.   The court presiding over the lawsuit can also order that more depositions are allowed as well.  The length of each deposition is limited to seven hours.  Prior to these changes, there was no limit on the number of…

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Confusing Paperwork that comes with a Personal Injury Claim

Complicated paperwork along with confusing legal terminology come with a personal injury claim.  A personal injury attorney can help an injured person get through the difficult paperwork and work towards a just resolution.  This gives the injured person the opportunity to focus on healing and spending less time trying to figure out paperwork.  An attorney can also help the injured person file legal pleadings, fill out forms that are requested by the insurance companies, and…

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Foot Injuries

The foot is one of the more specialized parts of the human body.  The foot possesses a big toe that is parallel to the other digits and is not opposable.  The foot has an arch which allows the weight to transfer from the heel to the ball of the foot.  The foot totals over 25 bones.  

Personal injury cases often deal with foot injuries.  The complex, fragile nature of the foot, makes foot injures quite common.

The complexity of foot injuries can be…

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Insurance Company Stall Tactics

Insurance companies have a responsibility to investigate a claim.  After a person is injured, they may receive contact from the opposing insurance company.  In some instances, the insurance company may want to quickly settle for far less than the value of the claim.  In other cases. the insurance company will leave the claim pending with no contact for an unreasonable amount of time.  This is a stall tactic used by the insurance company.  The insurance company may use…

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Defective Steps Causing Injury

At Herrick & Hart, we often review cases where a person was injured on a step.  The injuries that occur on steps are often serious and in some cases involve a death.  A person who is injured on a step should seek the advice of a personal injury attorney.  There are many factors that need to be evaluated in step cases including the design of the step, the age of the step and the maintenance of the step.  A landlord or business owner has a duty to inspect steps to make…

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A Request for a Recorded Statement

At first, the request by the opposing insurance adjuster to take a recorded statement may seem reasonable.  The insurance adjuster may advise you that they are simply asking for your side of the story or want to be updated about your injuries.  However, the purpose of the recorded statement is not something that is done to help the injured.  The recorded statement is many times used to help devalue and deny meritorious claims.

Insurance adjusters are trained in the use…

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Dealing with Concussion Symptoms

Concussions are caused by moderate to severe head trauma.  Motor vehicle collisions can result in concussions due to the forces placed on a person's head.  A car wreck can place forces on the brain moving it from side to side and backwards and forwards.  If concussion symptoms last beyond three weeks, a doctor may make a diagnosis of post-concussion syndrome.  Post-concussion syndrome can be a permanent diagnosis leading to a lifetime of pain and suffering.

At the…

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How Do I Know if I have a Good Personal Injury Case?

A lawyer practicing personal injury law will often be asked the question, "Do I have a good personal injury case?."  Even for an experienced personal injury attorney, this is a difficult question to answer.  A personal injury case is a complicated legal claim.  There are many factors that will need to be analyzed and evaluated before the question can be answered properly.  In a case even where there is clear liability (like when a person goes through a stop sign), a…

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When Your Child is Injured in a Car Collision

All parents wish to protect their children.  Sadly, many children are hurt in car collisions. The data from the National Highway Safety Administration shows that head injuries are the most common injury for children under the age of 1.  The data also shows that for children in older age groups, hand and lung injures are the…

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The Opposing Insurance Company Calls

A common practice of insurance companies is to call in injured person soon after they are injured.  An injured person may even get a call the day that they are hurt or shortly thereafter.  An insurance adjuster may be friendly and ask how you are doing.  An injured person may be tempted to trust the opposing adjuster and wish to engage with him in a conversation.  Insurance companies have adjusters make these calls soon after an injury for a variety of reasons.  A…

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Kids and Concussions

A concussion can can be caused by a blow or bump to the head.  A concussion can also be caused by a hit to the body that causes the brain to move back and forth quickly.  The fast movement of the brain causes the brain to bounce around inside the skull.  The movement of the brain can cause chemical changes in the brain and stretching that can damage brain cells.  In some cases, a collection of blood may pool in the brain.  This is a dangerous condition called a…

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A Personal Injury Lawyer Can Improve Your Odds

Recovering from an injury is tough enough.  A person injured now confronts new challenges when they have to deal with the insurance company.  The best way to improve your situation in dealing with the insurance company is by hiring an experienced personal injury attorney.  A personal injury attorney has the experience to take on the insurance companies and even the playing field for the injured person.

Remember if you are injured, the insurance company wants you to take…

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Get a Lawyer for Your Injury Claim

A common misperception that an injured person has after an injury is that they can go it alone.  An injured person may believe that they do not need a lawyer to represent them or they can wait a while to see how the situation progresses before hiring a lawyer.  An injured person should keep in mind that in many personal injury situations there are very short time deadlines for providing appropriate notices.  Common examples include notice to government agencies and in certain…

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Seat Belt Use 2017 - Statistics

The National Highway Traffic Safety Administration recently reported statistics for seat belt use in 2017. Overall seat belt use nationwide in 2017 was 89%, which showed little difference from the prior year.  However, seat belt use has shown a steady trend of increaseduse since 2000.  People in the Midwest region, in which Wisconsin is included, showed an increase in seat belt use to 88.6%.  This…

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Insurance Companies Have Their Own Lawyers

After you are injured, you would expect the process to be fair.  However, that is not always the case.  A person who has been injured soon finds themselves being called and statements are requested from both their own insurance company and the opposing insurance company.  An injured person should keep in mind that insurance companies have their own lawyers looking out for their best interest.  Insurance companies also have adjusters who do their investigation work. …

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Collaborating with Herrick & Hart

A practicing attorney sometimes finds themselves outside the scope of their practice. This happens often if you have a client who you have helped for an extended period of time.  In other situations, an attorney finds themselves without the time they need to dedicate to a certain matter.  If you find yourself outside the scope of your practice or lacking the time that you need, think of contacting Herrick & Hart.

At Herrick & Hart, we are happy to assist…

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Injured by a Teen Driver

At Herrick & Hart, we work on many injury cases which were caused by a teen driver.  In fact, 14% of all motor vehicle deaths are caused by teen drivers.  There are many contributing factors as why teenage drivers cause car collisions.  The main factor would be inexperience.  Although a teen driver may have taken driver's education they have not logged…

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Should Wisconsin Require Mediators to Meet Standards?

A common practice in Wisconsin is for personal injury cases to be referred to mediation.  This procedure is accomplished by the circuit judge who is assigned to the case requiring both parties to attend mediation.  Mediation is a non-binding process that is completed before a case is tried to a jury.

In Wisconsin, currently no training is required of mediators.  The situation is different in our neighboring State of Minnesota.  Minnesota Read the full story. »


The Future of Self-Driving Cars

A United States Senate panel recently approved a bill to fast track self-driving cars.  The bill will have to pass the full Senate.  However, passage is expected.  The bill will not speed the process for self-driving commercial trucks.

The future of self-driving cars on the road leaves open many questions.  As more self-driving…

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Attacking a Professional Reputation

Wisconsin has certain categories of defamation that are considered defamation per se.  In a defamation per se case, the person bringing the suit does not have to prove "harm" because it is clearly understood that the defamation is inherently damaging and the damages are presumed.  A category that is considered defamation per se is attacking a person's professional character.

A defamation suit can either lead to a jury trial or a court trial.  Wisconsin law provides for…

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The Insurance Company is Watching Your Social Media Accounts

Social media has now been in use for a number of years.  After you have been injured, you can expect the opposing insurance company to check your social media accounts.  The opposing adjusters will be checking social media accounts such as Instagram and Facebook looking to find evidence of fraud.  They will also be looking for any information that will help them to devalue your injury claim.  They may also look at your social media accounts to find out who you have for…

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Navigating Medical Records

A personal injury attorney everyday is called upon to review medical records.  The medical records provide a chronology of medical treatment.  Additionally, they provide important information about an injured person's diagnosis and prognosis.  The medical records also provide the results of any medical testing that was performed after an injury.  While the medical records play a role in a personal injury case, they are by no means the only part of a personal injury case.…

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Wisconsin Law on Injury to a Business

Wisconsin law is tough on people who injure another's business.  The law provides that when "Any 2 or more persons who shall combine, associate, agree, mutually undertake or concert together for the purpose of willfully or maliciously injuring another in his or her reputation, trade, business or profession by any means whatever, or for the purpose of maliciously compelling another to do or perform any act against his or her will, or preventing or hindering another from doing or…

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Rollover Injuries

Sport utility vehicles (SUV) remain popular on the roadways.  However, a SUV has a higher center of gravity than a passenger vehicle.  Although rollovers are not as common as other types of car collisions, they can cause serious injuries because the occupants of the vehicle are tossed around and turned over.  A rollover can be caused by many factors.  Some of the common factors include inadequate road signage, poor design of the highway, excessive speed, poor design of the…

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City of Eau Claire Police Start a Pedestrian Awareness Initiative

The City of Eau Claire Police recently started a Pedestrian Awareness Initiative.  The purpose of the initiative was to make people more aware of pedestrians.  As part of the initiative, officers posed as pedestrians.  Drivers were then observed as to how they interacted with the pedestrians and followed the law.  The purpose of the initiative was to increase…

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A Lawyer Focuses on Different Areas of the Law

A lawyer is much like a doctor in that they focus their practice on certain areas of their respective fields.  The fields for doctors are more defined such a cardiologist, neurologist, allergist, etc.  In the same way you would not ask an orthopedic surgeon to perform brain surgery, you would not ask your estate planning attorney to handle your personal injury case.  One person cannot be an expert in all things.  In other words, the jack of all trades is seldom master of…

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Why Would a Person Start a Lawsuit?

A lawsuit is a court action between two or more persons or entities.  A lawsuit begins with a summons and complaint.  These are legal documents that are drafted by an attorney.  The decision to begin a lawsuit is an important decision and should only be decided after consultation with an experienced attorney.  Typically, before a lawsuit is started there are attempts made to resolve a dispute.  In some cases, the efforts to resolve a dispute prior to a lawsuit are…

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Remember the Insurance Company is a For-Profit Business

An injured person needs to keep in mind in dealing with an insurance company that they are a for-profit business.  At the end of the day, the insurance company is concerned about its bottom line.  The insurance company employs claim adjusters, attorneys, and investigators.  These well-trained individuals know the rules and will seek to minimize your claim.  They are taught tactics to use in order to minimize claims. Dealing with the insurance company on your own is a bad…

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Facts About the Dangers of Bicycles

The summer months are upon us.  This means more bicycles on the road.  Before venturing out on the road, here are some statistics from the Center for Disease Control and Prevention that hopefully can get you to think about safety when riding your bike:

- About 1% of all the trips taken in the United States are by bicycle.

-  Those between the ages of (15-19) and those over the age of 40 have…

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Proceeding with a Wrongful Death Lawsuit

After the death of a loved one, the task may fall upon you to look into the death of a loved one.  The Wisconsin statutes allow for a claim for wrongful death.  Wrongful death lawsuits are brought against the entity or person whose negligence or intentional act caused the death.  The Wisconsin statutes set out what types of damages can be recovered in wrongful death lawsuit.  The statutes do provide a cap that can be recovered for loss of society and…

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Missed Work after an Injury

Everyday that you are not working after an injury results in lost income.  This income can be recovered through a settlement or at trial.  Few individuals are able to miss much time from work and stay current on their bills.  After an injury, you not only fall behind on your own bills but have new bills pilling up for medical expenses.  

At Herrick & Hart, we see the financial strain that an injury can place on a person who misses work.  An injured person…

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The Impact of Minor Injuries

A 2017 study in BMC Research Notes  looked into the impact of "minor" or "moderate" injuries from car collisions.  At twenty-four months after the collision, the injured still showed a substantial difference in pain ratings, physical and mental well being, and difficulty returning to work.  Even two years after the collision, individuals who participated in the study had an average of…

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Injuries to the Brain

The brain manages all of our body functions, gives us our ability to think and provides us with our personality.  The brain is a complex organ which processes millions of signals and messages and controls the nervous system of the body.  When the brain suffers aninjury, the results to the injured person and those around them can be devastating.  Unlike injuries to other parts of the body, the long term impact of a brain injury can take much longer to present itself.

At…

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Will I have to Testify in My Personal Injury Case?

The majority of personal injury cases settle before proceeding to trial.  If your case goes to trial, you will be expected to testify.  When a person testifies, they are first placed under oath by a court official.  After taking the oath, the person is seated in the witness chair.  At that time, the questioning begins of the witness.  A witness will be asked questions under direct examination.  After the direct examination is complete, a witness is subjected to…

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Bicycle Injuries Cause a Heavy Burden on the Medical Field

When you ride bicycle in traffic, you are travelling beside powerful vehicles with only the protection of a helmet.  A recent study found that bicyclists are often injured on the road and pose a heavy burden on the medical field.  While cars continue to get safer, bicycle safety remains an important issue.  The warmer parts of the year from May through October found the roads more dangerous…

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Dealing with the Medical Bills

The most apparent cost of a personal injury is the medical bills.  Dealing with the medical bills can be complicated.  The injured person is soon introduced to terms they have never heard before like "medical payments coverage" and "hospital lien."  These are only a few of the terms that the injured person may find new.  An injured person also learns about the strengths and weaknesses of their own medical insurance.  An injured person may also find themselves in a…

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The Trucking Industry Needs to Maintain Vehicles

The trucking industry is highly regulated.  The regulation is provided by Department of Transportation.  Trucks must comply with strict guidelines that relate to maintenance and safety.  A truck that is on the road and not in compliance with the strict guidelines puts all people using the road in danger.  If you or a loved one are injured in a truck accident, you will need the assistance of a personal injury attorney who is…

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A Personal Injury Case - Your Right

Both the United States Constitution and the Wisconsin Constitution provide for a jury trial for civil cases.  A civil case differs from a criminal case.  In a criminal case, the case is either brought by the United States or by the State in which the crime happened.  The authority to start a criminal case belongs to the executive branch of government.

On the other hand, a civil case is brought by an individual.  To know your right's with respect to starting a civil…

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Looking into the Wrongful Death of a Loved One

The loss of a loved one is a devastating experience.  The experience is only made worse if the loss is due to the negligence, recklessness or intentional act of another person or party.  It may seem at the time of the loss that there is no way to obtain justice.  However, under Wisconsin law you have the right to pursue a wrongful death claim.  A wrongful death claim is a complex legal cause of action.  In order to pursue such a claim, you should contact an…

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Proposed Legislation Regarding Operating a Vehicle with Insurance

Proposed legislation in the Wisconsin State Assembly proposes to modify the existing law regarding the requirement to operate a motor vehicle with sufficient liability insurance.  The current law in the State of Wisconsin requires that a person operating a motor vehicle on a highway has in place an insurance policy.  A person is also required to have in hand if stopped proof that he or she is in…

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Injection Therapy After a Car Collision

Car collisions are unexpected.  Along with the unexpected collision, comes medical problems that are difficult to treat.  Some of the common problems include neck and back pain.  One avenue of treatment that is commonly used is injection therapy.  When injection therapy is used as a treatment, the injection is provided under the supervision of a doctor who is often a pain specialist.  Two different types of injections are often used.  The first type is a…

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Careful What You Sign After an Accident

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 even beginning to negotiate your own case,…

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Disclosing Too Much Information After an Accident

Following an accident, you will talk to friends and family about the incident and your injuries.  However, an injured person should be careful about a call from an insurance company shortly after an injury.  An insurance company representative will often call and want to take a recorded statement from the injured person shortly after the accident.  If an adjuster calls from the opposing parties insurance company, you should be fully aware that this person is not on the phone to…

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Chiropractic Care Effective for Low Back Pain

A recent study published in PLOS One reported that chiropractic care is effective in treating low back pain.  Also of note in the study, was the conclusion that chiropractic care looks to be equally effective in treating low back pain as physical therapy.  Whether the care chosen was chiropractic or physical therapy, no adverse events were noted for either type of care.  The study did…

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Seat Belt Use - 2016

The National Highway Traffic Safety Administration has released statistics regarding seat belt use for 2016.  In 2016, seat belt use reached 90.1 percent which was an increase from the 88.5 percent use in 2015.  The report noted that seat belt use has shown a steady increase since the year of 2000, and during the same time there has been a steady decline in  the number of unbelted passengers killed…

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Facts on Teen Drivers

The Centers for Disease Control and Prevention reports that the leading cause of death for teens in the United States is motor vehicle crashes.  The reports goes further to state that teens are more likely than older drivers to not recognize hazardous situations.  Teens are also more likely to underestimate dangers on the road.  Teens are more likely to speed and leave less space than…

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A Car Crash Can Cost Financially

A car crash costs a person financially when it comes time to repair a vehicle.  At that point, the person involved in the crash learns much about their own insurance policy or the policy of the other driver.  However, 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…

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Seeking Adequate Medical Care after a Car Collision

A person in a car crash often does not know how badly they are hurt.  In some instances, the injury is easily identified.  In other cases, a person may not know immediately just how badly they were hurt at the time of the collision.  A very common example is a person who does not know that they hit their head on something at the time of the collision until they notice blood or days later notice a bump on their head.  That is why at Herrick & Hart we always recommend…

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Psychiatric Consequences of Car Collisions

A person involved in a car collision many times experiences more than physical pain.  A common occurrence from a car collision is also the beginning of psychological pain.  A person physically injured will often experience emotional distress and report anxiety and depression.  In other instances, a change in behavior is noted.  Some common behavior changes noticed are fear of driving,  driving more cautiously, being more alert to other road user's behavior,…

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Young Drivers Who Use Cell Phones While Driving

An article written by Insurance Journal discusses the finding that young drivers who use cell phones while driving are also prone to other risky behaviors while driving.  Some of the other risky behaviors include speeding, driving under the influence of an intoxicant, driving under the influence of drugs, and failing to wear a seat belt.  The article also stated that young drivers continue with…

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Failure to Diagnose a Heart Attack

A trip to the emergency room is a frightening experience that is filled with uncertainty.  When you make the trip to the emergency room, you put your trust in the physicians and staff that they will make the correct diagnosis.  A failure to make the correct diagnosis can turn what should be a treatable condition into something that is life threatening and deadly.

A heart attack occurs when the blood supply to the heart is stopped or greatly reduced.  This happens when a…

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A Slip and Fall in a Store

A common type of personal injury claim is a slip and fall.  A slip and fall claim occurs when a person is on the property of another.  In addition to the common law negligence claims, a person who falls in a store may also bring a claim under the Wisconsin Safe Place statute.  The statute requires a heightened duty on the part of a store owner to keep their business place safe.

A slip and fall…

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Pit Bulls and Toddlers Don't Mix

A 2016 article in the Journal of Clinical Pediatrics confirms what child advocates have long stated that pit bulls and toddlers do not mix.  The article states that a bite from a pit bull is 3 times more likely to require an operative intervention as compared to another breed.  Pit bulls were also 2.5 times more likely to bite in multiple areas of the body as compared to other breeds.  Pit…

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Is a Teacher Always Immune from Liability?

In Wisconsin, those working for the government are provided immunity for discretionary actions they take while at work.  However, there are many exceptions to the rule of immunity for government employees.   So, the answer to the question posed above is that a teacher is not always immune from liability.

An example is the case of Heuser v. Kenosha Unified School District #1. In…

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Do I Have Another Claim Besides Worker's Compensation?

If you have been injured at work, someone has probably told you that your only claim will be against the worker's compensation carrier.  An employee should keep in mind that worker's compensation is the exclusive remedy an employee may have against an employer.  There are many other exceptions where a claim may exist outside the realm of worker's compensation.  One exception is where the injury is due to a defective product.  In this case, the employee may be able to bring…

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Livestock Collisions on the Highway

A car collision with livestock can result in serious injury and even death.  A Wisconsin livestock owner has a common law duty of due care to make sure their livestock does not intrude on the road and the animals are properly fenced.  Wisconsin is not a free-range state.  Further a livestock owner can be held strictly liable for damages caused by a stallion that is over one year of age, a bull over six months of age, or a boar, a ram, or billy goat over four months of…

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Sports Camp Injuries

An important part of childhood is being able to participate in a sports related activity.  Beyond school sports, many children are involved in separate leagues and organizations.  Even beyond the organized schedule, children attend specialized camps or attend training facilities for their sports.  

If your child is injured playing a sport, do not make the simple assumption that the injury was just part of the game.  Many injuries that children incur while involved…

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A Few Good Reasons to Retain a Personal Injury Attorney

After being injured, you want all the help you can get.  You also need the help as soon as possible.  
A personal injury attorney can assist you through the complicated legal process that follows an injury.  A person who tries to go it alone takes on a daunting task,that with one mistake can have serious consequences.  A personal injury attorney should first have trial experience.  The gives the personal injury attorney a broad view of the process from start to…

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Ban on Cell Phone Use in Construction Zones

On October 1, 2016, it becomes illegal in the State of Wisconsin to use a cell phone in a construction zone.  Wisconsin will become one of fourteen states that fully or partially ban the use of cell phones by drivers.  As of October 1st, a person who is using a cell phone without a hands-free device in a construction zone faces a $40 fine for the first offense and a $100 fine for any violations thereafter.  An exception to rule is made for those making an emergency phone…

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When Your Legal Case is in the News

If you or a family member have been involved in a catastrophic event or serious accident, you may be contacted by the news media.  In all instances, we advise at Herrick & Hart to delay talking to the news media until you have had the opportunity to discuss your case with legal counsel.  In many situations, we may advise that you do not speak to the news media at all.  In some instances the attorney will agree to do the interview, so that you can be left…

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Injuries Involving Electricity

Everywhere we go, electricity is a part of our daily life.  When electricity is properly managed, we can all be safe around electricity.  However, in some instances electricity is not properly cared for and injuries occur.  Since electricity is involved is so many areas of our lives, accidents can range from the industrial setting to the residential.  The type of damage can range from major property damage to severe personal injury.

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Roads Getting More Deadly

A recent government report found that fatalities on United States'roads increased by 7.2% last year over 2014.  This made 2015 the deadliest year on the roads in over a half a century.  The final tally for the year of 2015 was 35,092 deaths.  Even with the all of safety features of the modern vehicles, the speed at which vehicles travel coupled with the traffic make…

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Help You Get Justice

An injured person not only faces a recovery from the physical injury.  The injured person is also met with the complicated legal process that follows an injury.  This process should not dissuade a person from seeking justice.  In fact, when a person is injured and nothing is done the wrongdoer gets to continue with their behavior that caused the injury.  If a person fails to act and stand up, then the path is open for the dangerous behavior to continue and for others to…

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Rear-End Collisions

In the United States, there are about 1.7 million rear-end crashes each year.  As cities continue to grow and traffic increases, the amount of rear-end crashes can only be expected to grow.  A rear-end collision can be deceptively dangerous.  Even a low impact rear-end collision can cause injury that can last…

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Altoona Introduces Back-In Angle Parking

At Herrick & Hart, we understand that a parking lot can be a dangerous place.  We help many people who have been injured in parking lots.  In the new River Prairie Development, the City of Altoona has introduced "back-in angle parking."  This parking method requires the driver to back-in to a parking spot rather than pull in front first.…

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Boating Safety - Wear Your Life Jacket

We are now in the middle of summer and the water recreation season is in full swing.  We want to take a moment to remind those having fun on the water to wear their life jacket.  The United States Coast Guard estimates that 80% of water fatalities could be avoided with the use of a life jacket.  A life jacket that fits is also a life jacket that a person will wear.…

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Post-Traumatic Stress Disorder

A personal injury can result in more than just injury to the body.  A person injured in a car collision or a dog bite can have mental trauma as well.  A common diagnosis following trauma is Post-Traumatic Stress Disorder (PTSD).  PTSD was officially recognized in the Diagnostic and Statistical Manual of Mental Disorders (DSM) in 1980.  Although first formally recognized at that time, the symptoms of PTSD can be found all the way back to…

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Help With Your Criminal Charge

A criminal charge can have many consequences.  A person charged with a crime should seek experienced legal representation.  An experienced lawyer can make a difference in the outcome of your case.  An attorney can recognize defenses to a case that a person who is charged cannot.  An attorney will also have familiarity with the courtroom procedures and processes which can assist with your defense.

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Parents Put the Brakes on Teen Driving

A recent report of the University of Michigan's, C.S. Mott Children's Hospital indicated that 86% of parents have restrictions that their teens are to not drive and talk on the phone at the same time.  Instead, the teen is expected to put the car in park before using a cell phone.  The same…

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Does Disney Have a Duty? -- A Look at Premises Liability

A slip and fall is a common premises liability case.  There are many other types of premises liability cases.  Premises liability legal principles have recently been in the news with the incident involving the alligator and the young boy at the Disney Park in Florida.  For that incident, the laws of Florida will apply.   Each state has its own laws regarding premises liability.  Some of the law comes by way of statute and some of the law is passed down by the caselaw…

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Car Collisions: Even the Slightly Injured Can Benefit from Treatment

A car collision can cause more than just a physical injury.  A person who goes through a car collision can also have emotional pain and physical reactions.  A recent study took up these issues of dealing with individuals after a car collision.  Even in the absence of physical injury, a person following a car crash still might confront loss of concentration, sleep disturbance and a…

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Is the Case Over When Jury Returns a Verdict?

In the State of Wisconsin, a case is not over when a jury returns a verdict.  Depending on the type of case, whether it be criminal or civil different rules are in place before proceeding to an appeal.  In a criminal case, a sentencing hearing is held before deciding whether or not to proceed with an appeal.  In a civil case, the procedure is different in that motions are filed with the trial court before deciding whether to pursue an appeal.  Some cases like termination…

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How can a Personal Injury Lawyer Help?

A personal injury lawyer takes on the task of working for people who have been injured due to the fault of a person, entity or organization.  The type of injuries of which a personal injury lawyer is concerned include not only the body, but the mind.  The job of a personal injury lawyer is to help the injured recover compensation for their injury. Compensation in a personal injury case can include many elements but some of the standards are medical bills. loss of consortium, past…

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Let an Attorney Sort it All Out

A personal injury attorney deals with many complex accident scenarios.  For example, in a car accident if one person is using or borrowing another person's car and gets into an accident things can get very complicated quickly.  The situation even becomes more complex when you add passengers to the vehicles who are not family members who have their own insurance policy.  There is no need to sort the situation out yourself.  After an accident, when you are injured you have…

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New Data on Cell Phone Usage

The Journal of Modern Transportation posted an article a recent article with respect to cell phone usage and the driver's perception of risk.  The article analyzed data from a study of 500 drivers in Texas who had a cell phone.  Among the findings was that there was no specific belief that the use of a cell phone during driving can impair a person's ability to safely operate a motor vehicle.  Secondly, most driver's have not come to the…

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Working the Night Shift and Car Crashes

A recent study has confirmed what most have always had an idea was true.  Those driving home from work on a night shift are at greater risk for car crashes.  The study noted that drowsy driving is a major public health issue in the United States.  In the study, workers driving home after work reported more near crash events.  With over 9.5 million Americans working on night shifts, the implications are…

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Millennials and Distracted Driving

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. »


Five Years After a Car Accident, People With Whiplash Still Suffer

A study published in January 2016, examined the quality of life of whiplash victim's 5 years after the accident.  The study aimed to compare the quality of life and health status of those with whiplash as compared to other minor injuries.  In the study, those who had been diagnosed with a cervical contusion or a neck sprain were classified as having whiplash.  The study looked at 546…

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Making the Call to a Personal Injury Lawyer

Fortunately for most, a traumatic injury only happens at most once in their lives.  After an injury, a person may have questions on whether to call a personal injury lawyer.  The lawyer a person chooses can have a great impact on the compensation a person receives for their injury.

When you call Herrick & Hart, you…

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Construction Zones

With the summer months upon us, road construction season is back in full swing in Wisconsin.  Due to its growth, construction projects are common in the Chippewa Valley  Remember as you drive through a construction zone, to not only pay attention to yourself but the workers who will be in close proximity to moving vehicles.  A construction site is full of distractions.  Remember to follow the posted speed limits in the construction zones.  A failure to follow speed…

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An Experienced Team for Your Personal Injury Case

At Herrick & Hart, we have been representing the injured for over 60 years.  In the personal injury field, experience is important.  We have the resources to help you put together your claim so it may be best presented to either the insurance company or a jury.  Our team of attorneys has years of trial experience.  Additionally, we have experienced staff that assists with organizing your case.

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May is Motorcycle Safety Awareness Month

The month of May is Motorcycle Safety Awareness month.  As the weather warms, motorcycles will be moving back on the roads.  A driver of a car is reminded that a motorcycle is a vehicle and has the same rights and privileges on the road as a car.  Although wearing a helmet is not required under Wisconsin law, a safe choice would be to always wear a helmet when using a motorcycle.  A helmet has also been shown not to…

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Wisconsin 4th Most Dangerous State for Drunk Driving

According to Car Insurance Comparison, Wisconsin has been ranked 4th in the list of states as the most dangerous to be injured by a drunk driver.  The states found to be more dangerous than Wisconsin are North Dakota, Montana and Idaho.  While states work to discourage drunk driving, the listing was critical of the penalty structure for drunk driving in Wisconsin.

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Wisconsin Law on the Negligence of a Child

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 standards to which the…

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April is Distracted Driver Awareness Month

Even before the advent of smart phones, driving was a skill that demanded your attention.  When a person is driving, things can change in a hurry.  The National Safety Council has named the month of April Distracted Driver Awareness Month.  For more information regarding distracted driving you should check out the link.

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Nursing Home Liability

In some situations, a nursing home may be held liable for an injury or death of a resident.  When a nursing home takes on a resident, they accept responsibility for the care of the patient.  The nursing home has a duty to provide reasonable care to its residents and provide them with an environment that is safe.  If a nursing home does not provide reasonable care or protect its residents, they could be found negligent.

Many rules and regulations govern the care of a…

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The Insurance Company has the Advantage

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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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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Injuries in Stairwells

Any time a person falls down a set of stairs they are at risk for an injury that can impact them for the rest of their lives.  A person who suffers an injury due to a fall in a stairwell should contact experienced legal counsel to discuss a potential claim.  There are many reasons that a person can fall in a stairwell.  A personal injury attorney can assist in evaluating the facts of the fall and determine if a viable case exists.

The attorney evaluating the claim will…

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Change to Wisconsin Sponsorship Law

Governor Walker recently signed 58 new bills into law.  One of the bills deals with the liability that may be imputed to a parent or other adult who sponsors a person under the age of 18 in obtaining their driver's license.  Under the old law, the amount of damage that could be imputed was limitless.  With the new law, the liability imputed to the adult sponsors or parents of the young driver for negligent or willful conduct is limited to a total of $300,000 or the limits of…

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Change to Wisconsin Sponsorship Law

Governor Walker recently signed 58 new bills into law.  One of the bills deals with the liability that may be imputed to a parent or other adult who sponsors a person under the age of 18 in obtaining their driver's license.  Under the old law, the amount of damage that could be imputed was limitless.  With the new law, the liability imputed to the adult sponsors or parents of the young driver for negligent or willful conduct is limited to a total of $300,000 or the limits of…

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Texting Truckers

In January 2010, the federal government passed a law that prevented bus drivers and truckers from sending text messages while driving.  The legislation came as a reaction to distracted driving.  A distracted driver is one of the top reasons that accidents occur on the road.  Due to the size and weight of a truck on the road, the threat is magnified when a trucker is texting.

An accident with a truck can lead to serious injury or even wrongful death.  Truck driving…

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Wrongful Death Statute of Limitations Reduced

A recent change has been made to Wisconsin law.  For claims involving wrongful death coming from a car collision, the statute of limitations has changed from 3 years to 2 years.  The new statute is numbered Wis. Stat. 893.54(2m).

A person should be aware that the law is constantly being changed and modified.  These changes can greatly impact your legal rights.  You should never go it alone through the complicated legal process.

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Change in the Law - Underinsured Motorist Claims

A recent change was made to the statute of limitations for underinsured motorist claims in the State of Wisconsin.  Prior law, treated an underinsured motorist claim like a contract.  A contract statute of limitations claim in the State of Wisconsin is six years.  The new law creates a separate statute of limitations for underinsured motorist claims.  The new rule is that the underinsured motorist claim must be brought within 3 years of the date of accurual.  The date…

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On Alert - Change to the Uninsured Motorist Statute of Limitations

Governor Scott Walker has signed a bill that changes the statute of limitations for Uninsured Motorist Claims (UM).  The statute of limitations is being changed to 3 years effective February 6, 2016.  Before this change, UM claims were guided by the rules of contract.  A claim could be brought on a contract for 6 years after the claim arose.  This change requires the injured person to seek legal counsel sooner after an injury than previously allowed.

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A Strong Defense

When you are accused of a crime, you want a legal team you can trust on your side.  The consequences of being convicted of a crime are significant and can have life changing consequences.  The lawyers of Herrick & Hart have experience in assisting individuals that have been accused through the complicated criminal process.  We can assist you by studying the charges that have been filed and forming a strategy for your…

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The Law on Drones is Developing

A hot gift this Christmas was a drone.  Drones are also seeing expanding use in industry.  However, the law regarding drones and their use is just developing.  A drone can be operated poorly which can lead to a crash that causes property damage or personal injury.  The batteries of drone can also expire during flight which can cause a crash.  A drone can also be used inappropriately to spy on neighbors.   The cameras on drones can take pictures of people when…

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Hoverboards are Causing Injuries

One of the hottest holiday gifts this season was the hoverboard.  However, reports are coming in already of the injuries caused by hoverboards.  Depending on the circumstances of the injury, a claim may exist for personal injury or product liability.  In order to determine if a viable claim exists from a hoverboard injury, a personal injury attorney would want to to ask the injured…

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Wisconsin - Subtle Change to Crosswalk Definition

On December 17, 2015, Wisconsin Act 124 was published.  This new law modified the definition of a "marked crosswalk."  The new definition now reads, "Any portion of a highway clearly indicated for pedestrian crossing by signs or pavement markings . . . ."  A crosswalk can also be an "unmarked crosswalk."  The defintion of "unmarked crosswalk" was modified to remove the word "line" and insert the word…

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Understaffing Can Result in Medical Malpractice

There are many reasons that medical errors occur. One of the errors that may not be obvious at the outset of a medical error is the staffing of the hospital.  A hospital has duty to its patients to adequately staff the hospital.  The failure to adequately staff a hospital can lead to medical malpractice.  The staff of the hospital is on the front line of medical care.  The medical staff tends to the patient's needs, prepares medical records and administers medication.…

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Legislation Proposed to Change the Sponsorship Statute - Wisconsin

Legislation has been proposed in the Wisconsin Legislature that will change the Sponsorhip statue.  The new bill would limit a parent's liablity for the acts of minors to $300,000.  Under Wisconsin law, an adult is required to sign for a minor to obtain their driver's license.  If a minor causes damage due to negligence or wilful and wanton conduct the sponsor can be held liable for the acts of the…

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Collateral Source Rule - Here We Go Again in Wisconsin!

Recent legislation has been proposed in the Wisconsin Legistature with respect to the collateral source rule.  The rule currently provides that if an injured person's case goes to trial the full amount of the charges for medical expenses are provided to the finder of fact and not the discounted amounts.  Insurance companies are often given discounts from medical providers for medical services.  One of…

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Structured Settlement Transfers - New Law in Wisconsin

The settlement of a catastrophic injury case can result in a structured settlement.  Before entering into a structured settlement, an injured person should seek the advice of a personal injury attorney.  The terms of a structured settlement should be closely reviewed to make sure they meet the needs of the injured person.

In November 2015, the Wisconsin Legisalature provided new law with respect to Structured Settlement Transfers.  This law is codified in the Wisconsin…

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Wisconsin Dog Bite Law Changes

Last month, the Wisconsin Legislature made significant changes to the law regarding dog bites.  Wisconsin was and still is a strict responsibility state with respect to dog bites.  The law remains that a dog owner is responsible for their dog.  The law has changed with respect to double damages.  Now, in order for a person to recover double damages from a dog bite the injured person must show that the dog in a prior incident bit a person "with sufficient force to break the…

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Proposed Bill Tough on Drunk Drivers

A proposed bill is working its way through the Wisconsin Legislature.  This bill would revoke the licenses of repeat drunk drivers for 10 years.  The bill would also stiffen other penalties for Operating While Intoxicated.  In any event, the final form of the bill has not taken shape but everyone should expect the drunk driving laws to get tougher.

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Chiropractic Malpractice

Each day many people use chiropractors to treat back pain and many other conditions.  Many of the people who use chiropractors may not know that some chiropractic adjustments can cause serious injury and put the patient at a risk for stroke.  When a chiropractor uses cervical manipulation to adjust a patient, arteries that provide blood to the brain can be injured.  An improper neck manipulation can cause an artery to tear.  If an artery tears, it can cause an immediate…

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Medical Malpractice Crisis is a Myth

In the year of 2014, Wisconsin doctors paid out the least per capita in the nation for medical malpractice claims.  The medical malpractice crisis is a myth.  A patient injured due the negligence of a health care professional faces an uphill climb.  Over time, the lobbyists for doctors have helped place many hurdles in the way of injured patients seeking just compensation.  One of the…

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Update on Evidence Based Decision Making

More than ever, a criminal defendant faced with taking COMPAS evaluation, should consult a criminal defense attorney.  Eau Claire County and Chippewa County have adopted a novel program which in some instances requires a criminal defendant to take a COMPAS evaluation.  In other instances, pressure may be applied to a criminal defendant to take a COMPAS evalution in order to be considered for more lenient plea deals.

A criminal defendant should be aware that the COMPAS…

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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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Evidence Based Decision Making

Eau Claire County has adopted a program called Evidence Based Decision Making.  A component of this program is for Defendants to take a Compas Evaluation.  The criminal process is complicated by itself before adding in the Compas Evaluation.  Depending upon your score on the Compas Evaluation, an offer to resolve the case may be changed.  Also, a Defendant cannot be required to take a Compas Evaluation.  A decision should be made between the Defendant and their lawyer…

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