Personal Injury Lawyer WI

How Much Is My Case Worth?

One of the most commonly asked questions by clients of personal injury attorneys is, “How much is my case worth?” Many times, this question is asked either shortly after an accident has occurred or while the client continues treating for injuries sustained in the accident that they hired the attorney for in the first place. The truth is that this question cannot be honestly answered by the attorney as there are many moving pieces in a personal injury case. Unless the client has made a full recovery, there are too many unknown factors that make it nearly impossible for an attorney to answer this question.

There are multiple components that make up a personal injury settlement. While treatment is ongoing, these factors are constantly changing in value. The purpose of this blog article is to touch on the various components that generally comprise a personal injury settlement and how they are largely all moving pieces until a case is ready to be submitted for settlement.

1. Medical Expenses

Medical expenses are typically one of the largest components of a bodily injury case. The extent of the injuries and the duration of treatment will usually determine how much in sheer medical bills an injured person will incur. The longer a person treats, the more in medical bills he or she will incur. A fractured bone requiring surgery and months of therapy will likely have more medical expenses than a neck strain that resolved in a few weeks. While these injuries are all worth SOMETHING, it is usually not possible to say with any degree of certainty exactly what the value is while an injured person is actively treating and convalescing from their injuries.

While a client continues actively treating for his or her injuries, medical bills continue to add up. Without knowing how much more treatment a particular client will require, whether he or she will be instructed to try a different treatment modality altogether or ultimately whether the injury will require surgery are all unknowns that make it difficult for an attorney to say what a case is worth with any degree of certainty. What we do instead is encourage our clients to continue treating if they are in pain, follow their doctor’s instructions and not let large gaps of time pass with no treatment. We explain that case value is a discussion that will have to be had in the future when we have more certainty regarding the extent of their injuries and recovery therefrom.

2. Lost Wages

After sustaining an injury, it is not uncommon for an injured person to miss work due to their injuries. Lost wages are also compensable in a personal injury claim. In order to make a claim for lost wages, many insurance companies require documentation from a physician, such as a work excuse or some sort of notation in the medical records, that the injured person should remain off of work for a specified period of time. Because injured people do have a duty to mitigate their damages, insurance companies want to make sure that the wage loss was legitimate as opposed to a claimaint remaining off of work and claiming lost wages when they could have safely performed their duties despite their injuries.

In cases with significant injuries, clients may be off of work for long periods of time. Even if PTO or vacation time is used, those hours may still be submitted as part of the bodily injury claim because those hours are no longer available to use for pleasure due to the accident.

3. Mileage

Mileage to and from the doctor for accident related treatment is also compensable in a bodily injury claim. It costs money to travel to doctor and therapy appointments, and as such, mileage expenses are claimed as part of the injured party’s damages. It is important to track your mileage to and from each appointment, so that mileage expenses can be easily calculated at the time of settlement.

4. Permanency and Future Care Needs

In many cases, the injury or pain is permanent and care may be needed indefinitely. For most personal injury claims, Wisconsin has a three year statute of limitations which means that a lawsuit must be filed within three years of the date of injury, or the injured party loses their right to pursue their claim. Because many injured people will treat longer than three years, we must somehow be able to estimate the cost of their future care. We do this by getting opinions from their treating physicians and do the math to extrapolate the cost of the care recommended over the time frame set forth by the doctor, or if the treatment is needed indefinitely, over the client’s remaining life expectancy.

5. Pain and Suffering

Pain and suffering is another well-known component of damages in a personal injury case. Unlike the other items of special damages, however, pain and suffering is not a tangible number we can calculate like medical expenses, lost wages, etc. There is no magic formula that we can use with every case that tells us what each is worth in terms of pain and suffering.

Pain and suffering is very factually specific to each case. In many cases, attorneys may even differ on the valuation for pain and suffering because while pain and suffering is real, it is difficult to put an arbitrary number on it. Pain and suffering depends largely on the nature and extent of the injuries, duration of treatment and whether a permanent injury exists. Every case is different, and many cases may include more or different factors than those mentioned here. In a case that involves permanent injuries and future care needs, we must also factor in future pain and suffering.

The components of personal injury claims discussed in this article are certainly not exhaustive. Because no two cases are exactly alike, some cases may have more components that make up the entirety of the claim. The purpose of this article is primarily to demonstrate why the question, “How much is my case worth?”, is nearly impossible for an attorney to answer during many stages of the case. There are many moving pieces and various components that factor into the value of a case, and many of those pieces are changing right up until the time of settlement.

If you or someone you know has been injured by the negligence of another, the Groth Law Firm may be able to help. Call us at (414) 375-2030 for a free consultation today!

Slip and Fall Attorney WI

Winter Slip and Falls

We at the Groth Law Firm are no strangers to harsh Wisconsin winters. Collectively, our law firm has weathered decades upon decades of snowy Wisconsin weather. Accordingly, we know the dangers of walking around outside in icy, slippery conditions. “Black ice” refers to transparent ice that can be difficulty to see, and easy to slip on. Although most such falls result in little more than embarrassment and inconvenience, some slip and falls can have disastrous, life-altering consequences. While bumps and bruises are one thing, fractures, head injuries, and other trauma should be treated as the serious injuries they are. Since insurance companies are in the business of often denying slip and fall claims, you need skilled legal assistance to help you fight for the compensation and justice that you deserve.

Slip and fall accidents are broadly defined as accidents that occurr when you are walking in an area that has a dangerous condition, like snow or ice, that causes a fall, and then subsequent injuries. Oftentimes, we see these accidents occur in un-shoveled parking lots, inadequately salted sidewalks, and in other places of business where the owners are negligent. State law requires both homeowners, and businessowners alike to keep their premises free from dangerous conditions that may cause such accidents. Although Wisconsin weather is un-predictable, the law still requires people to keep their property safe. A failure to clear snow and icy can give rise to a valid claim against their homeowner, or business insurance. If you are involved in a slip and fall type accident, there are a few facts you should be aware of.

Like the old adage states, “A picture is worth a thousand words.” Due to the inherently temporary nature of ice and snow, documentation of hazards conditions can be the difference between having a case, and not having a case. Even though snapping a picture after a bad fall, may be difficult, or in some cases, impossible, try to have a trusted family or friend photograph that hazardous condition as soon after the fall as possible. After reports of a fall, or multiple falls on their premises, many business owners will quickly seek to address the hazardous condition so that it appears as though they were not negligent in the first place. Act quickly and take pictures of unsalted, uncleared walkways and sidewalks immediately when possible. Beyond this, if your fall occurs at a place of business, you should report the incident to management. Many times, when we reach out to negligent business owners due to a fall that occurred on their property, this is their first notice of our client’s injuries. Making a full and complete accounting of your fall to management or staff can help preserve early evidence of your claim.

Slip and fall cases are based on a foundational principal of civil law. The principal is that of negligence. In order to establish negligence, you must prove that a property owner had a duty to exercise reasonable care to you; that this duty of reasonable care was breached; and that the breach of the property owner was a direct and proximate cause of the slip and fall that resulted in your injuries. If you are able to prove the aforementioned, then you have a strong claim against the property owner. Once liability is established through this framework, the Groth Law Firm can fight for you and maximize your compensation. Through a valid claim, you are entitled to various forms of compensation as an injured plaintiff. Typically, an injured person can recover compensation for, medical bills, lost wages, pain and suffering, future care costs, and any other expenses that the injury and your recovery from the injury incur. If the injury you receive from the slip and fall requires care in the future, or is permanent, you will want to consider the cost of that future care as part of your claim. The Groth Law Firm has experience in helping injured people prepare for future care by fighting for additional compensation for you. Experience matters; you want an attorney who litigated complex, multi-layered cases to ensure that you are receiving every dollar you are entitled to.

In addition to maximizing your compensation, Groth Law Firm utilizes a team of investigators throughout the state. This advantage can make a critical difference in your slip and fall case. If you are injured as a result of a slip and fall or other accident, do not hesitate to call the day of the injury. Some evidence needs to be preserved immediately, and we can send someone from our team to the scene of the injury the day of. In addition to preserving evidence, there are often challenges associated with finding the correct defendant in these cases. If you slip and fall in a large parking lot of a mall for instance, who is the responsible party? Is it mall ownership? The store in front of where you fell? Perhaps it’s a snow removal company that you’ve never heard of before. These challenges are common to slip and fall cases in the winter. This challenge is compounded by the possibility that you may have been injured on a public owned or government property. If that is the case, certain notice documents must be filed. Many such notices are extremely time-sensitive, and if you do not file in the required time period, you may be forever barred from receiving any compensation, no matter how negligent the defendant may be. Some entities may be so complex or hidden that you may have to name a “John Doe” defendant in a potential lawsuit. Experience matters in these cases. You want to hire a law firm that is skilled, dedicated, and has a proven track record in slip and fall cases. Your case needs individual and prompt attention. At Groth Law Firm your case is not just another number. You can expect daily access to a full staff of attorneys, paralegals, investigators, and law clerks.

Accidents happen, but negligent accidents can be prevented. If you are involved in a slip and fall accident and do not know where to start, let us help you. The Groth Law Firm staff is available any day of the week and offers a free consultation regarding your potential case.

Auto Accident Lawyer WI

Auto Insurance in Wisconsin: What Is Covered and Why It’s Important

The Wisconsin Financial Responsibility Law requires all drivers to have an auto insurance policy in force. Unfortunately, many people do not understand what it means to have proper coverage to protect themselves and their assets in the event they cause a serious accident or are injured in a crash caused by an uninsured motorist. Oftentimes people say that they have “full coverage” but do not realize that, when it comes down to it, they are far from fully covered if a horrific accident were to occur. Full coverage simply means that not only does your policy have liability coverage, which pays for damages that you cause to other people or property, but it also includes collision and comprehensive coverage.

A significant, but common problem arises when people mistake the fact that they technically have “full coverage” with believing that the types and amounts of coverage they have are sufficient. When determining the amounts of coverage one should purchase, he or she should work with a knowledgeable insurance agent and consider their assets, income and risk profile. One of the primary purposes of insurance is to protect your income and other assets and prevent you from financial ruin if an accident occurs. It is crucial to make an educated and informed decision when purchasing auto insurance to ensure that your income and other assets are protected.

The minimum limits of auto insurance one can purchase in Wisconsin are as follows:

• $25,000 for injury or death of one person
• $50,000 for injury or death of two or more people
• $10,000 for property damage

Additionally, Wisconsin law also requires a minimum of $25,000 per person, $50,000 for two or more people, in uninsured motorist coverage. Uninsured motorist, or UM, coverage applies to bodily injuries sustained by you, your family or other occupants of your vehicle when struck by an uninsured driver or a hit-and-run driver. Uninsured motorist coverage works by stepping in the shoes of the coverage the at-fault driver was mandated by law to have, but did not, and covers your damages up to the applicable limit on the policy.

Underinsured motorist, or UIM, coverage is not mandatory in the state of Wisconsin. UIM coverage increases the amount of bodily injury liability coverage to you and occupants of your vehicle in the event that the at-fault driver has insufficient limits to pay for the full extent of your damages. If that is the case, the at-fault driver is, by definition, underinsured, and your UIM coverage should kick in as long as you have greater UIM limits than the underlying liability limits of the at-fault driver. Underinsured motorist limits are reduced by what was paid by the underling liability limits.

Medical payments coverage pays medical expenses for you and occupants of your vehicle up to the applicable limit on your policy for injuries sustained in an accident while riding in your vehicle. Medical payments coverage applies to you, as the driver, even if you cause the accident. This coverage also applies to you and your family members if struck by a car as a pedestrian. Medical payments coverage can also apply if you or a family member are injured as a passenger in someone else’s vehicle, but depending on the policy language, it may be secondary to the medical payments coverage on the vehicle you were riding in at the time of the accident.

Medical payments coverage is a coverage that is oftentimes rejected as people do not understand why they would pay an additional premium for this type of coverage when they have health insurance. This happens most often when they do not have a knowledgeable agent to educate them about the different coverages and how they work. The minimum limit for medical payments coverage in Wisconsin is $1,000, but it is typically purchased with a limit of $10,000.

If you are involved in a crash with an uninsured motorist and only carry liability coverage on your own policy, there will be no coverage available to fix the physical damage to your vehicle. While collision coverage is also not mandatory in Wisconsin, it is useful to have if you do not have the financial ability to afford a similar vehicle should your vehicle be wrecked. A deductible typically applies for collision coverage. The deductible, usually $250 or $500, must be paid by the insured before the insurance company begins to pay for the loss.

These are the coverages that we, as Wisconsin personal injury attorneys, typically deal with when helping our clients after they have been injured in an auto accident. We help our clients understand the various types of coverage available – both from their own personal policies and the policies of the at-fault driver. While insurance is mandatory in the state of Wisconsin, we often see coverage insufficient to adequately compensate an injured victim for their injuries. This is why we believe it is important to educate Wisconsin motorists on the various insurance coverages available and why adequate coverage is so important.

When a negligent driver has insufficient coverage, the driver puts his or her own assets, income and livelihood on the line. Having full coverage in insufficient amounts can leave people in serious financial trouble. It is important to work with an insurance agent that you know and trust to ensure that you and your assets are protected even if a serious accident does happen.

It is common to have many questions after being involved in a motor vehicle crash. If you or someone you know has been injured in an auto accident, the team at Groth Law Firm may be able to help. We help our clients by investigating to find applicable insurance coverage for all parties involved and work directly with the insurance companies on our clients’ behalf so that they can focus on what is most important: getting the care that they need to make a full recovery. The skilled, dedicated and proven attorneys at Groth Law Firm fight for their clients who have been injured in motor vehicle crashes all across the state of Wisconsin. To see if the Groth Law Firm can help you, call (414) 375-2030 for a free consultation.
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https://www.insurance.com/auto-insurance/coverage/full-coverage.html

https://oci.wi.gov/Documents/Consumers/PI-233.pdf

Five Things to Do to Preserve Your Claim in a Premises Liability Case

premises liability lawyer in milwaukee wisconsinIn our practice, we speak with many individuals who have been injured because they slipped and fell or tripped and fell on someone else’s property. These types of cases, called premises liability cases, occur frequently and many times result in serious injuries. Premises liability cases can be difficult to prove if certain steps are not taken in a timely manner or if the proper evidence is not obtained to be able to satisfy the burden of proof in an injury case. The purpose of this article is to outline five basic steps that must be taken following a fall in order to pursue a claim against the property owner or homeowner for injuries sustained.

1. Notice

When a fall has occurred on either public property or a private residence, it is important to make someone aware that a fall occurred and there were injuries. If the fall occurs at a store or restaurant, you should speak with a manager and ask that they document the fall by filling out an incident report. Proper documentation in premises liability cases is crucial and giving notice of the fall itself is something that absolutely must be done in a timely manner, preferably immediately after it occurs. If you wait too long to give notice, not only can important evidence be lost, but it also begins to look rather suspect. The thought would be something like, “If this person really was injured this badly on my property, why did they wait so long to say anything about it?” Notice not given immediately after the fall calls into question many things, including the believability of the person who fell and whether the fall actually did occur where and when he or she claims it did. To avoid these problems, give notice right away and insist that a written incident report is completed.

2. Take Photos

In this day and age, most of us carry our cell phones with us everywhere we go. Cell phones are useful for gathering the initial photographic evidence of the area where the fall occurred. When an injury has occurred on someone else’s property, the hazard that caused the fall must be documented with photographs. If photos are not taken immediately, there is a high likelihood that the evidence will be lost. For example, ice could melt, a spill could be cleaned up or the area where the fall occurred could be otherwise manipulated such that it no longer constitutes a hazard before photos are obtained. The saying “pictures are worth a thousand words” rings true in premises liability cases. It is much more difficult for a property owner or their insurance company to refute concrete pictorial evidence than someone’s verbal recollection of what happened or what caused their fall. Taking a few photographs of what caused the fall will prove to be extremely helpful to an injured victim down the road.

3. Take Contact Information for Any Witnesses to the Fall

If any witnesses were around at the time of the fall, it is important to take down their contact information. Given the difficulty in proving liability on a property owner in a slip or trip and fall case, the more important it becomes to have independent witnesses on your side that can substantiate your version of facts. Even if the witness did not actually observe the fall itself, they can still talk about the general condition of the property, which is helpful in establishing that the property owner did not maintain the property in a safe manner. Unless you know a witness personally, you must obtain any witness contact information right away, or you have likely lost the opportunity to do so.

4. Go to The Doctor

If you were injured in a fall, it is important to seek medical care immediately. Going to the Emergency Room or Urgent Care is best as you will receive care immediately and not have to wait for an appointment with your family doctor. Many injuries caused by a fall are serious, and it is important that you get to a doctor right away. Be truthful with the doctor when asked about what caused your injuries. The more information that medical professionals have, the better they are able to diagnose and treat your injuries.

5. Follow Your Doctor’s Instructions

After your initial visit with the doctor following a fall, you will receive follow up instructions. Depending on the extent of the injuries, a doctor may have recommended a follow up in three to five days, or the doctor may have referred you to a specialist if the injury was more severe. In these types of cases, it is vital that an injured person follow their doctor’s instructions. Do not let large amounts of time pass without going back to the doctor. Make your well-being a priority and be diligent in getting the treatment that you need to fully recover from your injuries.

If you have been injured due to negligence on someone else’s property, time is of the essence. There are many things that need to be done in a short amount of time in order to preserve an injury claim. Evidence must be preserved, investigations need to commence and statements must be taken from witnesses before their memories fade. Groth Law Firm takes this burden off of their clients’ shoulders and makes sure that the proper steps are being taken to build their case from start to finish.

If you are injured, you need a strong legal team on your side to make sure that the proper steps are taken to ensure that your rights are protected. The Groth Law Firm wants its clients to focus on what is most important, and that is getting the treatment they need to recover from their injuries. Contact the Groth Law Firm if you were injured by negligence on someone else’s property. The Groth Law Firm offers free consultations and is available seven days per week to speak with injured victims, answer their questions and help them in their journey of recovering from their injuries.

The Truth About Phantom Vehicles

car accident lawyer in milwaukee wisconsinMost often when people think of auto accidents, they imagine a physical crash between two or more vehicles. Sometimes, however, a vehicle causes an accident without actually impacting any other vehicles and subsequently gets away. These types of accidents are sometimes referred to as “miss and run” accidents.

For example, a woman is driving in the far left lane of I-94 when the vehicle to the right of her abruptly switches lanes and cuts her off. In an attempt to avoid the crash, the woman moves to the left but ends up crashing into the concrete barrier. The two vehicles never actually touch, but the woman’s vehicle is now totaled, and she is injured. The vehicle that abruptly changed lanes continues to drive, and the woman has no way of identifying the driver or other vehicle. The vehicles that cause these miss and run accidents are called “phantom vehicles,” and unless you act quickly and diligently, it may be difficult to recover for the damages caused by a phantom vehicle.

In Wisconsin, a phantom vehicle is defined as “a motor vehicle to which all of the following apply:

  1. The motor vehicle is involved in an accident with a person who has uninsured motorist coverage.
  2. In the accident, the motor vehicle makes no physical contact with the insured or with a vehicle the insured is occupying.
  3. The identity of neither the operator nor the owner of the motor vehicle can be ascertained.” (Wis. Stat. § 632.32 (2)(bh)).

Prior to Wisconsin’s 2011 legislative session when a new law called “Truth In Auto Insurance” was enacted, victims of these miss and run crashes were largely out of luck because in order to make a claim under the Uninsured Motorist portion of one’s own insurance policy, physical contact with another, uninsured vehicle was required. For accidents occurring prior to November 1, 2009, uninsured motorist coverage was only available if there was physical contact between the vehicles.

One of the changes brought about by Truth In Auto was the availability of coverage when crashes occurred with phantom vehicles but only if certain criteria were met. In Wisconsin, in order to have a valid claim for Uninsured Motorist coverage when a crash is caused by a phantom vehicle, three elements must be satisfied according to Wis. Stat. § 632.32(g)(2):

  1. The facts of the accident are corroborated by competent evidence that is provided by someone other than the insured or any other person who makes a claim against the uninsured motorist coverage as a result of the accident.
  2. Within 72 hours after the accident, the insured or someone on behalf of the insured reports the accident to a police, peace, or judicial officer or to the department of transportation or, if the accident occurs outside of Wisconsin, the equivalent agency in the state where the accident occurs.
  3. Within 30 days after the accident occurs, the insured or someone on behalf of the insured files with the insurer a statement under oath that the insured or a legal representative of the insured has a cause of action arising out of the accident for damages against a person whose identity is not ascertainable and setting forth the facts in support of the statement.

The first element is arguably the most difficult element to satisfy as it requires that an independent party or witness to the incident come forward and corroborate the facts of the incident. This independent party may not also be someone who is making a claim for coverage under the uninsured motorist portion of the policy, so a passenger in the vehicle who is also injured and seeking to make his or her own claim would not suffice. If there was a witness to the crash and his or her contact information is available, the witness would be able to provide the necessary evidence to fulfill the first element. If there were no independent witnesses, or the witnesses’ contact information is not available, it will likely be very difficult to satisfy element number one. This is precisely why it is crucial to jot down contact information from the Good Samaritans who stick around after a crash to make sure everyone is okay. On the flip side, if you happen to see an accident happen, it is important that you stay on scene to provide your name and statement to the police officers when they arrive. This information can be vital to the victim’s case, but detrimental if not properly accounted for.

Elements two and three are not nearly as difficult to satisfy in comparison to element number one, in part because they are generally done in a majority of car crash cases as standard protocol. It is important to call the police to report every car accident, but especially accidents involving phantom vehicles, because without a report made to the appropriate authorities within 72 hours, the victim could lose his or her right to pursue an uninsured motorist claim.

Finally, within 30 days, a statement must be given under oath by the victim or his/her representative setting forth the facts which create the basis for the claim and affirming that the identity of the person causing the victim’s damages is unknown or not ascertainable.

If any of the three elements set forth in Wis. Stat. § 632.32(g)(2) are not satisfied within the time periods set forth in the statute, the insurance company may have a basis to deny the claim. This is why it is important to have a skilled, dedicated and proven attorney fighting for you and your rights from day one. Make sure that you are not giving up any important rights by missing a statutory deadline.

If you have been the victim of an auto accident, particularly a crash caused by a phantom motor vehicle, give the attorneys at Groth Law Firm a call. They will fight to make sure that your rights are protected and your recovery is maximized. The attorneys at Groth Law Firm offer free consultations and would be happy to answer any questions you might have. You can reach the Groth Law Firm by calling (414) 375-2030. Let us fight for you.

Governmental Immunity

municipality lawyer in milwaukee wisconsinGovernment bodies and municipalities in the state of Wisconsin enjoy various immunities and protections from lawsuits. Wisconsin Statute Section 893.80 governs what must be done in order to pursue a claim against governmental entities or municipalities, and it also outlines certain immunities enjoyed by these entities. In light of the recent Wisconsin Supreme Court decision in Engelhardt, et al. vs. City of New Berlin, et al., this article will specifically focus on “governmental immunity”: what is is, who is protected and what are the exceptions.

In the Engelhardt case, an eight year old girl named Lily went on a field trip with the New Berlin Parks and Recreation Department to an aquatic center. Lily could not swim, and her mother made the playground coordinator aware of that fact prior to the field trip. Lily’s mother even questioned whether Lily should go on the field trip at all, but she was assured by the playground coordinator that Lily would be safe because the camp staff would evaluate her ability to swim in the shallow end. Lily drowned while most of the staff were still in the changing area assisting other campers.

Put simply, governmental immunity is the notion that municipalities (and other government bodies) are immunized from liability for acts that are within their discretion while performing their work-related functions. This is codified in Wis. Stat. § 893.80(4). As long as it can be shown that an employee of a governmental body or municipality was acting within his or her discretion when the claim arose, the individual and municipality is subject to governmental immunity.

As with most rules, there are some exceptions to the rule of governmental immunity. There are multiple sets of acts that would not enjoy immunity pursuant to Wis. Stat. § 893.80(4).

“There is no immunity against liability associated with: 1) the performance of ministerial duties imposed by law; 2) known and compelling dangers that give rise to ministerial duties on the part of public officers or employees; 3) acts involving medical discretion; and 4) acts that are malicious, willful and intentional.”

The question in many cases becomes whether the act of the public officer was ministerial, which would create an exception to the general rule of immunity, or whether the act of the public officer was discretionary, thus invoking the protections of governmental immunity. The Court describes a test to determine whether an act constitutes a ministerial duty. “A public officer’s duty is ministerial only when it is absolute, certain and imperative, involving merely the performance of a specific task when the law imposes, prescribes and defines the time, mode and occasion for its performance with such certainty that nothing remains for judgment or discretion.”

Another exception to the rules of governmental immunity, and the exception that was the most prevalent in the Engelhardt case, is the known danger exception. For purposes of the known danger exception, a ministerial duty is said to arise “when an obviously dangerous situation presents itself.” The case that originally established the known danger exception was Cords v. Anderson, 80 Wis. 2d 525, 259 N.W.2d 672 (1977). The Cords case involved hikers who, while hiking at night, fell deep down into a gorge that was located on a part of a trail that the park manager knew was hazardous. While the park manager would have otherwise been protected from liability by governmental immunity, the Court found that the known danger exception applied because the park manager knew that the area was particularly hazardous, was in a position to do something about it (such as put up a warning sign) and failed to do so. The Court noted that the park manager “had an absolute, certain, or imperative duty to either place the signs warning the public of the dangerous conditions existing on the upper trail or to advise his superiors.” Having failed to do so, the Court determined that the park manager had breached his duty.

In a similar fashion, the Wisconsin Supreme Court noted the same sorts of dangers as were present in the Cords case to be present in the Engelhardt case. The Court noted an apparent danger of bringing a young, eight year old girl, who was unable to swim, to a busy aquatic center with dozens of other children. The Court recognized that serious injury or death can occur very quickly if a young child cannot swim, and that the nature of the dangers were “immediate, compelling, and self-evident.” The Court emphasized that the playground coordinator for New Berlin was aware of the fact that the young girl could not swim yet he did not inform any other staff member of the same nor did he ensure that she received a swim test prior to allowing her to be in the water without direct supervision. As was the park manager in the Cords case, the Wisconsin Supreme Court concluded that the playground coordinator for New Berlin was aware of the danger, in a position to do something about it yet failed to do so. Accordingly, the Court determined that the known danger exception to governmental immunity applies.

In cases involving injuries due to the negligence of a municipality or government body, there are certain things that need to be done in a short amount of time in order to preserve the injured victim’s right to pursue the claim against the municipality. In many cases, arguments will develop, as in the Engelhardt case, that the act fell outside of the realm of immunity for the municipality. If you or someone you know has been injured by this type of negligence, you need a strong team of attorneys on your side with the experience to stand up to and fight the municipalities. The team at Groth Law Firm has that experience and welcomes the opportunity to fight for you. Call us today for a free consultation.

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One Click That is It

Groth Law Firm understands the stress, pain and worry caused by a car crash or other personal injury.  With technology today we can make the process as stress less and hassle free as possible.

Once you come to our page you just need to click on our chat or click on our number to get the help you need at the exact time you need it.

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Stadium Injuries

On July 26th, The Milwaukee Bucks released long anticipated information about the naming of the new downtown arena. Fiserv Inc. entered a 25 year naming rights deal with the Bucks to call the new stadium The Fiserv Forum. Fiserv is based in Brookfield, Wisconsin and provides financial services technology. The arena opens in September with popular band, The Killers, leading the Grand Opening event.

With all of Wisconsin getting ready to cheer on the Bucks in their upcoming season, it’s a good time to reflect on keeping your family safe at sporting events. Whether it’s poorly maintained bathrooms, simple food spills, or flying balls or shirts, there are a host of dangers to be cautious of. For instance, if you were to slip and fall on concessions, what are your next steps? First, immediately seek medical attention. Even if you feel like you are able to “walk off” an injury, most major stadiums have medical transportation available and at the ready. Depending on the circumstances of your incident, you will want to make a report as soon as possible. These reports are useful in determining whether or not the stadium owner was negligent. Next, contact The Groth Law Firm so that we can start working on your case. If you are injured at a stadium, the last thing you want to worry about is dealing with insurance and paperwork. The Groth Law Firm is your Milwaukee firm that has the expertise required to take on your injury case.

Although premises liability cases are the most common instance of injuries at a sports stadium, fans could also be injured by flying baseballs, pucks, and even players. Most stadiums have safety measures in place to protect fans, as well as disclaimers in the fine print on many tickets. Although these injuries are less common, they can be severe. In 1970 the L.A. dodgers Manny Mota fouled a ball into the stands the struck a young fan in the head. Tragically, the fan passed away four days later. A fan at a Chicago Blackhawks game was struck by a puck in 2013, despite sitting beyond a safety net. This ultimately resulted in a lawsuit. In 2015, at the Daytona International Speedway, a vehicle crashed into the fence protecting the spectators, injuring five. Auto racing accidents are among the deadliest as debris from crashes can fly into the stands at an extremely high rate of speed.

Owners of these stadiums have a legal obligation to minimize the risk of injuries to fans. If an owner is aware of damages, such as a loose railing or slippery floor, they must repair it or warn others of the dangers. If an owner fails to take these reasonable steps, they may be liable for your injuries and other damages.

With the recent draft pickup of Donte DiVincenzo and new Head Coach Mike Budenholzer, the Milwaukee Bucks are looking forward to a strong season and playoff push in a weak Eastern Conference. The Bucks will start regular season play in the new Fiserv Forum in October of 2018.

If you or a loved one has been injured in a sports stadium contact Groth Law Firm at 877-375-7001.

Harley-Davidson Roars into Milwaukee for 115th Anniversary

This Labor Day weekend marks the 115th anniversary of Harley-Davidson Motorcycles. With their distinctive “potato-potato-potato” idle and rumble, thousands of riders and their Harleys have roared into Milwaukee this week to celebrate 115 years of an American tradition.

Harley-Davidson and the Harley-Davidson Museum have packed each day this weekend with events. There are museum tours, motorcycle demos, live music acts, street parties, and many more events. Visit Harley-Davidson.com for a full schedule of events

Harley-Davidson Roars into Milwaukee for 115th Anniversary.

The celebration is not without dangers though. With all the extra bikes on the road, Milwaukee’s streets and highways have many more smaller moving vehicles on them this weekend than usual.

Drivers who aren’t used to large numbers of bikes on the road may miss the smaller Harleys if they aren’t careful and some riders may find traveling alone or in larger groups more difficult depending on what they’re used to. All of this is a recipe for a crash or other traffic accident. But there are things everyone on the road this weekend can do.

To help avoid accidents and injuries this weekend, both riders and drivers should:

  • Watch out for each other – check your mirrors and be aware of your surroundings
  • Obey traffic laws and directions from the Officers and Sheriff’s Deputies directing traffic
  • Park in designated spots near events
  • Wear your seatbelt or helmet
  • As always, don’t drink and drive or ride

Have a safe and happy Labor Day weekend and enjoy all that the 115th anniversary of Harley-Davidson has to offer! If the unthinkable happens and you or a loved one is involved in a crash and injured, see a doctor and contact a skilled, dedicated, and proven personal injury attorney to discuss your options as a victim of a crash. At Groth Law Firm, S.C., we are available 24/7 to discuss your injuries and offer a free consultation. Call or text us today at 414-240-0707

Disclaimer: This article is for informational purposes only. It is not legal advice and should not be used as legal advice. It is not medical advice and should not be used as medical advice. The legal statutes, laws, and procedures contained in this article may not be current and may have been revised since the time of publication or contain errors. An attorney can provide legal guidance only after reviewing the details of your individual case.

Semi Truck Accidents – What a Mess!

Trucking accidents are very different from your “typical” car accident cases. There is a significant amount of evidence compared to that of a car accident. The first thing that needs to be done is to gather all the evidence. Federal regulations require that some evidence must be held for six months.  Not all evidence will be held!  Some crucial evidence may disappear with the next rainfall!  After this time period, some crucial evidence may be destroyed. Your lawyer can send a notice to the defendant to hold on to this crucial evidence. These notices can be used later if the evidence is destroyed or disappears as a “spoliation claim.” Spoliation is the intentional destruction, mutilation, or concealment of evidence that is damaging the responsible party. Spoliation can be very damaging for a case and if it is proven to have taken place, can change the outcome of the trial. This is why it is important to hire a lawyer to gather this evidence as soon as possible. . It is also important to get access to the at fault vehicle. Many vehicles today have their own “black boxes” that can be used to determine if the vehicle was speeding or driving recklessly.

It is important to call a dedicated, skillful lawyer to help with your trucking accident claim. A lawyer will be able to handle and gather evidence before it may be lost or destroyed. The attorneys here at Groth Law Firm have handled many cases and are willing to fight tooth and nail for a settlement you deserve. Call Groth Law Firm today for a free consultation at (877) 375-7001.

We want to thank our summer inter, Beckett, for all of his help these past few months!