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Wisconsin Personal Injury Questions & Answers
2 Answers | Asked in Personal Injury, Civil Litigation and Real Estate Law for Wisconsin on
Q: How to obtain withheld documents for life insurance claim in Wisconsin?

My grandmother passed away, and she had life insurance policies with AMC Kenosha and Globe Union. Her wish was for her granddaughter to use the benefits for a better quality of life. However, my aunt is withholding the death certificate and attorney information needed to collect the policy.... View More

Anthony M. Avery
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answered on May 10, 2025

Whatever is on the designation of beneficiaries is her wish. If you think granddaughter is the beneficiary, then get a death certificate and make a claim on the policy with the carrier. If no results, sue the carrier for bad faith breach of contract.

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2 Answers | Asked in Construction Law, Personal Injury and Real Estate Law for Wisconsin on
Q: Can I sue for injuries from falling into a trench on a construction site with exposed rebar?

I fell into a trench on a construction site where underground wiring work was being done, and an exposed rebar punctured my left leg. There were no warning signs, barriers, or ropes around the trench. The rebar pierced my left knee, went in about 4-5 inches, and hit my superficial femoral artery. I... View More

Tim Akpinar
Tim Akpinar
answered on Apr 3, 2025

A Wisconsin attorney could advise best, but your question remains open for a week. It could depend on a number of factors, such as your capacity there, what you were doing, whether the site was complying with safety protocols, etc. I'm sorry about your injuries, but if you approached a law... View More

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2 Answers | Asked in Car Accidents, Personal Injury and Small Claims for Wisconsin on
Q: Car damaged by a porta-potty during a storm. Who would be liable (company who rented, the porta potty company, or both)?

We woke up the next day after a storm with high winds and found our car damaged by a porta potty that was originally down the street. The porta potty ended up in our yard/against our car. We contacted the porta potty company, who is offering only half the cost to repair the car. This is a new build... View More

Michael Hupy
Michael Hupy
answered on Jan 7, 2025

Determining liability for the damage caused by the porta-potty during the storm can be complex, and it largely depends on several factors, including contracts, local laws, and whether negligence was involved. Here’s an overview of the potential liable parties:

1. Porta-Potty Company:...
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1 Answer | Asked in Insurance Bad Faith, Car Accidents and Personal Injury for Wisconsin on
Q: Been paying a stated value on my insurance of $20,000 for the past 7 years. In an accident on

May 29, 2024. Was totalled per adjuster. Won't pay the $20,000. Wants to pay around $6,000. " What the 2010 Avalanche is worth" per the insurance company. What do I do? I wracked up my left knee that I just had replace in 2/9/24. All I care about is getting my $20,000 for my... View More

Tim Akpinar
Tim Akpinar
answered on Jun 29, 2024

A Wisconsin attorney could advise best, but your question remains open for two weeks. It sounds like an unfair outcome, but in stated value policies, there could be provisions for carrier to pay either stated value or ACV (actual cash value). One option is to review your policy with a Wisconsin... View More

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

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

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

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 Car Accidents, Criminal Law, Wrongful Death and Personal Injury for Wisconsin on
Q: Minimum sentence for failure to yield causing death in WI?

I was involved in an incident where I failed to yield at a stop sign, which resulted in a fatality. Two months ago, the court case concluded with a penalty of four points on my driving record and a fine of $1,397. However, new charges have now been brought against me. I’d like to know what the... View More

James L. Arrasmith
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answered on May 14, 2025

You're in a difficult and emotional situation, and it’s important to understand the legal weight of what’s unfolding. In Wisconsin, failing to yield resulting in a death may be charged under different statutes, depending on how prosecutors frame the incident. While your original citation... View More

Q: Seeking appeal and work release options for wrongful conviction of "sexual exploitation by a therapist."

My husband was wrongfully convicted of "sexual exploitation by a therapist," despite not being a therapist. The accuser falsely claimed therapy sessions, which were witnessed family conversations. The trial featured ineffective legal representation and a prejudiced judge who ignored... View More

James L. Arrasmith
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answered on May 14, 2025

I'm really sorry you're going through this. It sounds like the trial was deeply flawed, and there may be strong grounds to challenge the outcome. If your husband’s attorney failed to present critical facts—like disputing the therapist claim or addressing perjury—then an appeal based... View More

1 Answer | Asked in Criminal Law, Car Accidents and Personal Injury for Wisconsin on
Q: Friend threw a beverage at a car, needs advice on contacting authorities.

My friend threw a beverage at another moving car, but no injuries occurred. He has been told to contact the authorities regarding the incident. He is unsure if there are any charges or allegations against him. What should he say when he contacts the authorities?

James L. Arrasmith
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answered on May 14, 2025

Your friend is in a sensitive situation, and it's important to approach it with care. Even though no one was hurt, throwing something at a moving vehicle can still be taken seriously under the law. Before saying anything, your friend should take a moment to gather their thoughts and remain... View More

1 Answer | Asked in Contracts, Copyright, Libel & Slander, Intellectual Property and Personal Injury for Wisconsin on
Q: Can I use a journalist's name and a letter in my non-fiction book?

I would like to include a letter I wrote in 1995 addressed to a journalist at LIFE Magazine in the foreword of my non-fiction book. The letter references an article the journalist wrote in that issue. I haven't been able to locate the journalist to request permission to use the letter. Since... View More

James L. Arrasmith
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answered on May 8, 2025

You may legally include both the journalist's name and the text of your own letter in your non-fiction book's foreword without obtaining explicit permission. The right of publicity laws vary by state, but it is generally uncommon for non-fiction authors to face lawsuits for simply... View More

1 Answer | Asked in Medical Malpractice and Personal Injury for Wisconsin on
Q: Do I have a case against doctors for knee issues after surgeries?

In May 2015 and January 2016, I underwent two full knee replacement surgeries. Since then, my right knee pops out about once a month and swells like a grapefruit. I've been informed that I'm maxed out on surgeries and can't undergo any more procedures. This issue severely impacts my... View More

James L. Arrasmith
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answered on Apr 13, 2025

You may have a case if the ongoing issues with your knee, such as the popping and swelling, are due to a mistake or failure by the doctors who performed the surgeries. If the knee replacement surgeries were not done properly or if there were complications that were not properly addressed, it could... View More

1 Answer | Asked in Education Law, Personal Injury and Civil Litigation for Wisconsin on
Q: Can I sue a school district in Beloit, WI, for negligence due to my son's injuries during a suspension?

I want to know if I can sue a school district in Beloit, WI, for negligence. My son suffered multiple injuries, including a concussion, possible root canal, bone contusion, and eye issues, which I discovered when I picked him up for a suspension. No one from the school reported these injuries to... View More

James L. Arrasmith
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answered on Apr 13, 2025

You may have grounds to pursue a negligence claim against the school district if your son’s injuries occurred while he was under their supervision. Schools have a duty to provide a safe environment for students, and if the injury happened during the suspension period without proper care or... View More

1 Answer | Asked in Personal Injury, Education Law and Civil Litigation for Wisconsin on
Q: Can I sue Beloit School District for negligence and my son injured?

Can I sue the school district of Beloit for negligence after my son was injured on March 28th? He suffered a concussion, a bone contusion in his right shoulder, and might need a root canal. The school did not notify me of his injuries. I've filed a police report and taken him to multiple... View More

James L. Arrasmith
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answered on Apr 12, 2025

That sounds incredibly upsetting, and you have every right to be angry and concerned. When a child is injured at school—especially that seriously—and no one informs the parent, it can feel like a huge betrayal of trust. Your son’s injuries are significant, and the lack of communication from... View More

3 Answers | Asked in Medical Malpractice, Wrongful Death and Personal Injury for Wisconsin on
Q: Looking for Wisconsin lawyer for NC wrongful death malpractice case.

I am looking for a Wisconsin lawyer who can take a wrongful death malpractice case, which occurred in North Carolina in 2024. I have gathered documents related to the case. Where can I find a lawyer to assist me with this?

William  Pemberton
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answered on Apr 10, 2025

If the wrongful death occurred in North Carolina by potential malpractice you will want to seek an attorney licensed in North Carolina.

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1 Answer | Asked in Landlord - Tenant, Civil Rights and Personal Injury for Wisconsin on
Q: How to address being harassed by tenants to force moving?

I moved into my apartment on January 31, 2024, and have been experiencing harassment and community stalking from other tenants. They follow me in cars, perform U-turns while I'm walking, and put high beams on me. They also push my apartment door when I'm inside. I've shown videos of... View More

James L. Arrasmith
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answered on Mar 27, 2025

You're facing a serious situation that calls for both documentation and legal protection. Continue recording all incidents with dates, times, and details, saving any video evidence, and reporting each occurrence to your property manager in writing – this creates a paper trail that... View More

1 Answer | Asked in Gaming and Personal Injury for Wisconsin on
Q: Can I file a complaint and seek compensation for being mistreated at a casino?

I was at a casino and took a break to smoke in their designated area. A security officer asked me to move to a more visible spot due to camera coverage issues, and I felt embarrassed in front of others. Since then, I've had stress-related issues. When I spoke to the head of security to get... View More

Tim Akpinar
Tim Akpinar
answered on Mar 24, 2025

A Wisconsin attorney could advise best, but your question remains open for a month. I'm sorry for your stressful experience. It sounds like something you might want to just forget about and move on. Based on your account, I agree that you should have been treated better. However, if you... View More

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