Wisconsin Personal Injury Questions & Answers
Q: I was never served the summons and I missed the first court appearance. Can I counter for abuse of process?
I suspected they would file because their attorney's sent me bills to collect, but a summons nor complaint never came. I looked it up on WCCA and saw it today. Summons was filed on 6-17-19. I still haven't received it, but the commissioner adjourned for publication on 7-11-19. Attempted service... Read more »
This is not a securities law question.
Q: If my dog bites someone else, will my home insurance cover their medical costs?
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.
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 »
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.
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?
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.
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?
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.
Q: What happens if a biker is hit by a car, but the car drives off? Is there any potential legal remedy?
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 »
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 »
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 »
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?
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... Read more »
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
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 »
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 »
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 »
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?
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 »
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
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 »
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 »
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 »
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?
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 »
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
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 »
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 »
Unlikely, but speak to whoever was representing you in the malpractice case.
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
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.
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?
Your remedy is workers comp. Look for a member of the Wisc. Assn for Justice who handles workers comp and employment issues.
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 »
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 »
Q: My kid was off base and in an accident - but it was caused by another soldier - can we sue that person?
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.
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