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Wisconsin Personal Injury Questions & Answers

2 Answers | Asked in Personal Injury for Wisconsin on

Q: If my dog bites someone else, will my home insurance cover their medical costs?

Stephen Arnold Black answered on Dec 27, 2018

It depends on your homeowners insurance policy. Contact your insurance company to discuss terms and limits of your coverage. Some policies have exclusions for animal attacks.

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1 Answer | Asked in Personal Injury for Wisconsin on

Q: My child got bit at daycare from a child whos parents didnt inform provider hes a biter! Can a file against parent?

My husband runs a daycare. A mom brought her child without informing my husband that biting has been happening in her home. Her child(autistic but does speak)bit my child whos 2 years younger than hers, cannot speak or defend himself) my husband left bite marks on his arm to show him what he had... Read more »

Peter N. Munsing answered on Oct 28, 2018

Your husband needs to get an attorney. I know he meant well but he does need an attorney.

You can sue the parents but that will cost money as their homeowners will say it's not the type of claim that they will cover.

1 Answer | Asked in Personal Injury for Wisconsin on

Q: I invited along a friend on a hunting trip on my property, and he tripped and hurt himself.

Can he sue me for the injury?

Frank Pasternak answered on Jun 22, 2018

Anyone can sue anyone else for anything. The question I think you want to know is whether you are legally liable. Generally, absent negligence, one is not legally liable to someone simply because an injury took place on property they owned.

1 Answer | Asked in Personal Injury for Wisconsin on

Q: If 1 lawyer charges a client 40% to take their case and takes care of the old lawyers fee which the old lawyer is asking

for a third of the new attorneys fee is that a fair percentage to the client?

Frank Pasternak answered on Jun 22, 2018

It is quite typical for the current lawyer and former lawyer to work out a fee split arrangement based on the work involved and reasons the client left the first lawyer. Ethics rules general look to whether the total fee charge was reasonable.

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

Q: What happens if a biker is hit by a car, but the car drives off? Is there any potential legal remedy?

David Alan Wolf answered on Jun 15, 2018

If the driver / owner of the vehicle can be identified, there can be a case against the driver / owner. If the driver / owner cannot be identified, there may be an Uninsured Motorist insurance claim if this coverage was purchased by the injury victim or a resident family member. There may also be... Read more »

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1 Answer | Asked in Personal Injury, Civil Litigation and Gov & Administrative Law for Wisconsin on

Q: Can a monetary tort claim be amended even if I've filed my lawsuit already and I discovered new evidence to ask for more

Put a monetary amount in my tort claim while in prison. Got out hired a lawyer and filed lawsuit and now realizing I need to ask for more money because I didn't no my limitations of my injuries while in jail. Once out its a lot I can't do. Can't drive can't work need full time personal care worker... Read more »

Robert D. Kreisman answered on Jun 14, 2018

In most jurisdictions a complaint may be amended anytime up through judgment as long the amendment conforms to the proofs. In your situation depending on your state's procedural law, I think it would be routine to amend your complaint to raise the ad damnum (or the claim for damages) that are in... Read more »

1 Answer | Asked in Car Accidents and Personal Injury for Wisconsin on

Q: Car accident. Advanced spine issues from mild-to-moderate now moderate-to-severe. She was charged with 100% of accident.

If I take an attorney and agree to pay 33%, could I end up loosing money by having to pay the attorney more than what will cover my bills?

Peter N. Munsing answered on May 22, 2018

Contact a member of the Wisconsin Assn for Justice--they give free consults. Normally settlement is structured so that you get at least 1/3.

However doing it yourself means you may well give the other side information it will use against you, you will get things wrong, and you will be...
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1 Answer | Asked in Personal Injury, Car Accidents, Civil Litigation and Small Claims for Wisconsin on

Q: Is a LLC liable for injuries caused by it's uninsured vehicle driven by the owner of the LLC in Wisconsin?

I was on the sidewalk when I was struck by a car backing out of the driveway

Emmanuel Muwonge answered on Mar 16, 2018

I believe that the LLC may be or may not be liable for injuries caused by its uninsured vehicle driven by the owner of the LLC in Wisconsin. First, whether the vehicle is insured has nothing to do with the liability question. Rather, liability for the accident and accompanying injuries is a... Read more »

1 Answer | Asked in Contracts, Personal Injury, Traffic Tickets and Civil Litigation for Wisconsin on

Q: seeking counsel prior to fighting tickets and also pressing charges on a civilian for damages

there are so many different areas involved i dont know what to do. someone used me not too long ago and i got myself into a situation with traffic tickets and child restraint.... its gone into harasment, threats (veiled and transphopic). this person used my mental health shortcomings against me and... Read more »

Emmanuel Muwonge answered on Mar 16, 2018

I am sorry that you are going through what appears to be a very challenging period in your life. That said, I am also sorry that I cannot figure out what it is you really are trying to communicate and what the best approach would be in providing you with the counsel you need. That notwithstanding,... Read more »

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

Q: If I got injured in a car accident due to the other driver's negligence but they have insufficient insurance coverage to

pay my medical bills, am I allowed to sue the driver directly for the remainder?

Emmanuel Muwonge answered on Feb 6, 2018

Yes. You may file a claim over and above the amount of the special damages in this case, your medical bills. If for example the medical bills are $30,000.00 and the medical pay provisions of the applicable insurance policy are $25,000.00 and the liability coverage is , for example, $50,000.00,... Read more »

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1 Answer | Asked in Elder Law, Nursing Home Abuse and Personal Injury for Wisconsin on

Q: I have an aunt in stage 4 cancer who lives in a nursing home. My aunt never selected A Power of Attorney

Her daughter was removed over her finances and my aunt as since become a ward of the state with her finances in question

Emmanuel Muwonge answered on Feb 6, 2018

I am not certain as to what your question is and what you are trying to do for your aunt if anything. I would have to guess that you are trying to either manage your auntie's finances and or determine what they might be and or any other issue regarding your auntie's wellbeing in so far as it... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Personal Injury for Wisconsin on

Q: hello how far can city police officer follow you till the officer is profiling in a vehicle

stevens point police officers followed me about .5 miles we both stop at a stop light pass through the stop light on to the highway about 5 miles down the road i was pulled over in the right hand lane because i was about to get sandwich on the highway between the cop and a van that pulled on the... Read more »

Emmanuel Muwonge answered on Jan 11, 2018

I believe that the city police officer can follow you within the jurisdiction he works and also call others if and when you are about or he suspects you will elude him or her into another jurisdiction. An officer can follow you for as long as s/he believes a crime is being committed has been... Read more »

1 Answer | Asked in Criminal Law, Personal Injury and Animal / Dog Law for Wisconsin on

Q: My neighbor threatened that if " you dont take care of your i cat i will, and you know what that means."

My cat is an outside cat, I live in the country. He said if I don't take it to get neutered, that he will take him to the humane society or get rid of him for me. Cat has been missing for a week?

Stephen Pleck Johnson answered on Dec 22, 2017

Check with the humane society. Proof of criminal damage to property or abusing animals needs some foundation. The threat is probably, at most disorderly conduct. Proof he did something criminal is next. An at large animal may be in violation of township ordinances. Check with the Clerk. My... Read more »

1 Answer | Asked in Education Law, Juvenile Law and Personal Injury for Wisconsin on

Q: My 15 year old son was involved in the fight at school with a 19 year old student do I have a lawsuit?

My son was in the classroom the teacher was in the classroom the Bell just rang 19 year old student approach my son was in his face and shove them and they started to fight my son was suspended from school for rest of the school year

Peter N. Munsing answered on Dec 19, 2017

Can fight the suspension--seems overly harsh, will impact graduation. School is only repsonsible if the 19 year old wasn't supposed to be there or if the 19 year old had a known propensity to violence. However your son 1)being in his face and 2)shoving him makes your son likely to lose.Contact a... Read more »

1 Answer | Asked in Health Care Law, Medical Malpractice and Personal Injury for Wisconsin on

Q: If electronic health care record errors caused me severe permanent injuries and monetary damages what do I do?

The electronic health record caused me over 7 figures in economic damages and permanent injuries as the miscoding and missing information caused me damages in a personal injury suit as the errors represented a chronic history that did not exist except in the epic lucy records which were used by... Read more »

Peter N. Munsing answered on Dec 19, 2017

Unlikely, but speak to whoever was representing you in the malpractice case.

1 Answer | Asked in Animal / Dog Law, Personal Injury, Wrongful Death and Criminal Law for Wisconsin on

Q: If I train a dog to shoot a gun and it kills someone will I be held responsible

I hypothetically trained my dog to shoot a gun and he killed someone am I in trouble or is my dog in trouble

Peter N. Munsing answered on Dec 12, 2017

Both of you. Big trouble. Don't even think about it. If it did happen you need to speak with an attorney who handles criminal defense of homide cases.

1 Answer | Asked in Personal Injury and Employment Discrimination for Wisconsin on

Q: I was let go from my job due to a loss in performance (due to injury).is this legal?

Found out 2 weeks after terminated my injury has been caused by my job. Can i sue them for this in wisconsin?

Peter N. Munsing answered on Nov 6, 2017

Your remedy is workers comp. Look for a member of the Wisc. Assn for Justice who handles workers comp and employment issues.

2 Answers | Asked in Personal Injury, Car Accidents and Civil Litigation for Wisconsin on

Q: How long can a person hold a claim open on you from an auto accident?

My son was driving my daughters truck. hit a pedestrian. My daughters truck was under my husband and my auto insurance. My son had his own auto insurance. This accident happened 11/29/2015. My sons auto insurance paid out the policy limits but the party that was hurt refuses to sign off my son. I... Read more »

Emmanuel Muwonge answered on Nov 2, 2017

Thank you for your question. Except in cases of medical malpractice or wrongful death, a minor has two years from the date of his or her 18th birthday to file suit. If however, the victim was an adult, the statute of limitations is 3 years from the date of the accident or from the time s/he could... Read more »

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1 Answer | Asked in Personal Injury for Wisconsin on

Q: My kid was off base and in an accident - but it was caused by another soldier - can we sue that person?

Peter N. Munsing answered on Oct 9, 2017

Make a claim against his insurance. Contact a member of the Assn for Justice for the county where the crash happened--they give free consults.

1 Answer | Asked in Personal Injury and Criminal Law for Wisconsin on

Q: Was attacked for no reason by teen with autism while babysitting. Parent lied about aggressive behavior prior employment

Was attacked for no reason by a teen with autism while babysitting. Parent withheld full information and lied about violent behavior prior employment, describing him as "quiet and not aggressive". Police was informed and report was filed. School was also informed. Now my back in injured and nobody... Read more »

Stephen Pleck Johnson answered on Sep 12, 2017

BasicTort (negligence Law) makes no exception for negligent or intentional acts by an incompetent (youth or otherwise).

Lawsuit for damages can be held against the youth and or parents (limitations do apply to some of this.) From what you state the it does not seem that the District...
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