Recent Blog Posts
Immunity Statutes are Bad for the Public
Immunity statutes when used to shield a certain business or type of activity are bad for the public. Immunity statutes undermine public accountability by providing a shield for negligent actions. When a immunity statute provides a shield, an injured person is often left without any remedy under the law because the law prevents them from bringing a lawsuit and holding actors responsible.
When immunity statutes are in place, they can embolden those shielded to act…
Misdiagnosis of a Vascular Event
Diagnostic errors are a significant concern in healthcare that often lead to severe consequences for the patient. Vascular events, in particular strokes, are at the top the list of commonly misdiagnosed conditions. In addition to strokes, other vascular events that are misdiagnosed include myocardial infarction, aortic dissection, pulmonary embolism, and venous thrombosis.
Misdiagnosis of a vascular event can occur due to several reasons. Some of the common reasons…
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…
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…
Delayed Internal Bleeding From a Car Collision
Car collisions are traumatic events that often leave visible injuries. However, a dangerous and life-threatening condition that can result from a car collision is delayed internal bleeding. This silent and non-visible threat may not manifest immediately and put a person involved in a car collision at risk long after they have left the collision scene.
Internal bleeding occures when blood vessels are damaged due to the impact of a car collision. The damaged blood…
Ignition Interlock Devices Causing Collisions
Ignition interlock devices, often called IIDs, are ordered for those convicted of drunk driving in the State of Wisconsin. The devices are designed to prevent drunk driving by requiring the driver to blow into the device before starting the vehicle. However, these devices have been linked to causing distracted driving collisions due to the need for random "rolling retests" while the vehicle is in motion.
The main issue arises when drivers are required to breath into the…
Should Wisconsin Have Dram Shop Liability?
Wisconsin's current approach to drams shop liability is limited as compared to many other states. If Wisconsin were to expand dram shop liability, many potential benefits could be foreseen. For example, expanding dram shop liability would allow persons injured by drunk drivers to hold bars and restaurants accountable for overserving patrons or underage drinkers. The increased accountability would encourage establishments to be more careful about monitoring patron alcohol…
Experience Provides Stronger Negotiation Leverage
Hiring a personal injury lawyer with experience can significantly impact the outcome of your case. This experience will assist your case even if the case never reaches the courtroom. A lawyer with trial experience commands respect from the insurance companies which often leads to higher settlement offers. A lawyer with trial experience is not stuck with the offer from the insurance company and is able when necessary to move the case towards a jury trial. The lawyer's…
What is Wisconsin's Move Over Law?
Wisconsin's Move Over Law requires drivers to move over or slow down for stopped emergency vehicles with flashing lights. The purpose of the law is to protect people who work on the side of the road, such as law enforcment, emergency responders and maintencance workers. The law requires that drivers must move out of the closest lane to the stopped emergency vehicle. A driver must also reduce their speed until they are past the emergency vehicle. If a safe lane change…
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…