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Wisconsin Personal Injury Questions & Answers
1 Answer | Asked in Personal Injury and Car Accidents for Wisconsin on
Q: Vehicle I no longer own was in an accident but I'm listed as the owner. .

I reccieved a letter from a law firm assuming that I am the owner of a car involved in an accident. I have not owned the car since 2010. The lawyer for the client wants to know If I insured the vehicle. The client who caused the accident has never registered a vehicle in the State of Wisconsin.... View More

Tim Akpinar
Tim Akpinar
answered on May 13, 2024

A Wisconsin attorney could advise best, but you posted last week - and your matter needs prompt attention. Let the attorney know that you no longer own the vehicle. Contact your state's Department of Motor Vehicles to ask them to check if there are any records of you transferring vehicle or... View More

1 Answer | Asked in Criminal Law, Personal Injury and Elder Law for Wisconsin on
Q: Can I be held criminally responsible for the fact my mom's prescription expired and wasn't refilled?

My mom recently was moved into a nurs hm to recover from pressure sores. She has been taking 2 meds to handle diabetes. These were refilled as needed by the facility she was living in. When she moved to the nursing home, one of those RXs expired and was not refilled. That happened 2 months ago.... View More

Tim Akpinar
Tim Akpinar
answered on Mar 23, 2024

A Wisconsin attorney could advise best, but your question remains open for two weeks. In general, the short answer is "no," unless there was some kind of formal caretaker relationship established. And it doesn't sound like a situation of abuse or neglect; it sounds like an innocent... View More

6 Answers | Asked in Bankruptcy, DUI / DWI, Personal Injury and Car Accidents for Wisconsin on
Q: Do I still get the insurance money if my claim is more than the maximum amount

I was the passenger in a car accident, in which the car was totaled. I had a serious neck injury was out of work for 3 months, the driver had no injuries. My lawyer wants me to take the offer of insurance which is his max liability. If I sue and get more than his liability coverage, do I get... View More

James L. Arrasmith
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answered on Mar 4, 2024

In cases where your claim exceeds the driver's insurance liability coverage, accepting the insurance offer means you'll receive the maximum amount covered under the driver's policy. If you choose to sue and are awarded an amount greater than the insurance coverage, the excess could... View More

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6 Answers | Asked in Bankruptcy, DUI / DWI, Personal Injury and Car Accidents for Wisconsin on
Q: Do I still get the insurance money if my claim is more than the maximum amount

I was the passenger in a car accident, in which the car was totaled. I had a serious neck injury was out of work for 3 months, the driver had no injuries. My lawyer wants me to take the offer of insurance which is his max liability. If I sue and get more than his liability coverage, do I get... View More

Frank Pasternak
Frank Pasternak
answered on Mar 4, 2024

Given that you were a passenger, the likelihood is that you should be able to recover all your damages. Whether your case is a "policy limits" case will be determined by the nature of your neck injury and medical treatment and total amount of your lost wages plus your pain and suffering.... View More

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6 Answers | Asked in Bankruptcy, DUI / DWI, Personal Injury and Car Accidents for Wisconsin on
Q: Do I still get the insurance money if my claim is more than the maximum amount

I was the passenger in a car accident, in which the car was totaled. I had a serious neck injury was out of work for 3 months, the driver had no injuries. My lawyer wants me to take the offer of insurance which is his max liability. If I sue and get more than his liability coverage, do I get... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Mar 2, 2024

The answer depends upon the viability, and provability, of your claim.

An insurance company, the business of which is money, always has the option of paying in the full amount of its policy and going home. Or, if it believes that it's more promising to defend against your claim, it...
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6 Answers | Asked in Bankruptcy, DUI / DWI, Personal Injury and Car Accidents for Wisconsin on
Q: Do I still get the insurance money if my claim is more than the maximum amount

I was the passenger in a car accident, in which the car was totaled. I had a serious neck injury was out of work for 3 months, the driver had no injuries. My lawyer wants me to take the offer of insurance which is his max liability. If I sue and get more than his liability coverage, do I get... View More

J. David Krekeler
J. David Krekeler
answered on Mar 3, 2024

Yes. The insurer should pay you the full policy limits and you will have a claim against the driver for the balance.

And yes, the driver could file bankruptcy, but your claim, at least that part of your claim which is for bodily injury, should be a debt which cannot be discharged....
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1 Answer | Asked in Libel & Slander and Personal Injury for Wisconsin on
Q: Can I sue the individual who filed a false and harmful TRO against me for slander, defamation and intimidation?
T. Augustus Claus
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answered on Oct 13, 2023

Yes, you can sue the individual who filed a false and harmful TRO against you for slander, defamation, and intimidation. Slander is the oral publication of a false statement that damages a person's reputation. Defamation is the publication of a false statement that damages a person's... View More

2 Answers | Asked in Personal Injury and Workers' Compensation for Wisconsin on
Q: I got cancer from my job, I work with chemicals. Do I have a case
T. Augustus Claus
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answered on Oct 10, 2023

If you believe you developed cancer due to exposure to harmful chemicals at your job in Wisconsin, you might have a case for a worker's compensation claim or a personal injury lawsuit. Worker's compensation laws in Wisconsin typically cover illnesses that arise out of employment. However,... View More

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2 Answers | Asked in Personal Injury and Workers' Compensation for Wisconsin on
Q: I got cancer from my job, I work with chemicals. Do I have a case
Tim Akpinar
Tim Akpinar
answered on Oct 25, 2023

I'm sorry for your ordeal. A starting point might be to reach out to workers' comp attorneys in Wisconsin to try to arrange a free initial consult. In terms of the Personal Injury category heading you posted under, your rights there could depend on whether there is a basis for a third... View More

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2 Answers | Asked in Personal Injury and Real Estate Law for Wisconsin on
Q: Can a solar farm be built next to me if I am chronically ill?

I suffer from chronic asthma and Broken Heart Syndrome. I have been hospitalized three times in the last two years. My heart is damaged. From what I have read about the construction, I cannot breathe for at least six months. My doctor told me to move. It was a predatory mortgage; we owe more than... View More

Tim Akpinar
Tim Akpinar
answered on Jul 3, 2023

A Wisconsin attorney could advise best, but your question remains open for a week. I'm sorry for the stressful ordeal this has created for you. In terms of personal injury, if the project was properly permitted and the work complies with OSHA, environmental, health, land use, and other... View More

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2 Answers | Asked in Personal Injury and Real Estate Law for Wisconsin on
Q: Can a solar farm be built next to me if I am chronically ill?

I suffer from chronic asthma and Broken Heart Syndrome. I have been hospitalized three times in the last two years. My heart is damaged. From what I have read about the construction, I cannot breathe for at least six months. My doctor told me to move. It was a predatory mortgage; we owe more than... View More

Tim Akpinar
Tim Akpinar
answered on Jul 3, 2023

Addendum - if you consult with attorneys regarding mortgage and real estate issues, you could additionally ask if there are issues related to health or disability laws that offer you options. Good luck

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1 Answer | Asked in Medical Malpractice and Personal Injury for Wisconsin on
Q: Joyous promised me the low dose ketamine treatment would be safe, it caused me psychosis and made my depression worse

do I have a case for a lawsuit?, this happened last year

John Michael Frick
John Michael Frick
answered on Jun 5, 2023

It is possible that you have a lawsuit if you suffered actual legally compensable injuries.

The FDA has approved a ketamine-based medication for depression which is administered as a nasal spray called esketamine (Spravato). It is only approved for adults who haven’t been helped by oral...
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1 Answer | Asked in Personal Injury and Car Accidents for Wisconsin on
Q: On Feb 14th a child 8 years old got grandma's car keys. He put it in reverse and went thru my sliding glass window.

Grandma did not have car or homeowners ins at the time. My apartment was boarded up for 49 days. I had to live in complete darkness. He stopped the SUV 2 1/2 feet from where I was sitting. I didn't suffer physical damage but a lot of emotional distress. I am in the care of my Dr. Do I have a... View More

Tim Akpinar
Tim Akpinar
answered on May 28, 2023

A Wisconsin attorney could advise best, but your question remains open for two weeks. I'm sorry for your ordeal. It appears that you have a straightforward case for the property damage. However, recovery is another issue, with the vehicle owner having neither auto or homeowner's coverage.... View More

1 Answer | Asked in Civil Litigation and Personal Injury for Wisconsin on
Q: I have a question about an insurance check.

During a recent snow fall someone hit our fence. Their insurance wanted a quote for the damages/repair cost. I had sent one over and they sent me a check for the costs. The company I got the repair done for is no longer able to start until the spring time. The area the fence is missing gives... View More

Tim Akpinar
Tim Akpinar
answered on Feb 8, 2023

A Wisconsin attorney could advise best, but your question remains open for three weeks. Until you're able to consult with a local attorney, insurance companies nationwide don't generally worry too much about which vendor performs repairs on small property and casualty claims involving... View More

Q: Should the fda and cdc be legally held accountable for allowing the hemp thc-o acetate, heart/Lung issue/teeth damage

I have contacted both and have been neglected to be called back, They have known for years and after I was forced to use their safer than cannabis alternative here in Wisconsin, thc-o is everywhere and now after a rancid batch I had 2 months of a sinus infection, now heart issuses, lungs hurt and... View More

John Michael Frick
John Michael Frick
answered on Jan 22, 2023

The FDA and CDC are federal agencies which have sovereign immunity from such lawsuits.

You may however have a valid claim against the sellers and manufacturers of the Thc-o products you used.

Just as with tobacco using plaintiffs, you will face comparative / proportional...
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1 Answer | Asked in Personal Injury and Environmental for Wisconsin on
Q: Is it legal for Liquid Driftable Pesticides and Herbicides to be Sprayed in High Winds in Excess of 15 to 34 or more mph

I have Security Camera Video Proof Of My Neighbors Lawn Pesticide Applicators Spraying On Days With High Winds. I have Extreme Chemical Sensitivity Illness with A Genomic Blood Test 16 pg Report Proving My Illness. Also Proving That every exposure is compounding my bodies Toxicity. Which I... View More

Tim Akpinar
Tim Akpinar
answered on Oct 29, 2022

A Wisconsin attorney could advise best, but your question remains open for five weeks. Most traditional tort and injury attorneys who handle personal injury cases such as motor vehicle accidents do not deal with exposure to hazardous substances. You could reach out to toxic tort attorneys in your... View More

1 Answer | Asked in Personal Injury for Wisconsin on
Q: Need a federal investigation

My injury was swept under the rug by va hospital management staff

Tim Akpinar
Tim Akpinar
answered on May 5, 2024

A Wisconsin attorney could advise best, but your question remains open for a week. One option could be to reach out to injury attorneys in your state to try to arrange a free initial consult to learn more about your rights and the basis for an investigation. Good luck

1 Answer | Asked in Personal Injury for Wisconsin on
Q: What does consent to battery look like?
Tim Akpinar
Tim Akpinar
answered on May 12, 2022

A Wisconsin attorney could answer best, but your question remains open for two weeks. One example would be physical contact made in the course of a sport. Consent is implied there. If you are researching the subject for school, you could find examples along those lines. If this involves criminal... View More

2 Answers | Asked in Car Accidents and Personal Injury for Wisconsin on
Q: Car Accident

I was injured when a car rear-ended me when I was waiting to make a turn. The insurance Comp is giving me the run around. Help!

William  Pemberton
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answered on Mar 3, 2022

Sorry to hear you were injured. Auto accident cases can be complicated and the at-fault insurance company is not looking out for your best interests. I would highly encourage you to reach out to a Wisconsin personal injury attorney that can help assist you. I would try to hold off on speaking to... View More

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1 Answer | Asked in Personal Injury for Wisconsin on
Q: I am looking on how to stop harasement on my 32 year old daughter from her deceased boyfriends Mother.

The Mother of my daughters deceased boyfriend will not stop with the emails texting ect My daughter is to the point she physically is sick over this on a daily basis and she is trying to raise there 8 month old daughter as well

William  Pemberton
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answered on Mar 3, 2022

One option for the person being harassed is the filing of a petition for a harassment restraining order. I would encourage the person being harassed to speak with a local attorney regarding the matter. You can search for a local attorney on the Justia website. If you would like to review the... View More

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