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Wisconsin Personal Injury Questions & Answers
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
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
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... View 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... View More

Emmanuel Muwonge
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,... View 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
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,... View 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
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... View 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... View More

Emmanuel Muwonge
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... View 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
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... View 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
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... View 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... View More

Peter N. Munsing
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
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
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... View More

Emmanuel Muwonge
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... View 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
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... View More

Stephen Pleck Johnson
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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1 Answer | Asked in Civil Litigation, Consumer Law and Personal Injury for Wisconsin on
Q: Hotel liability

Hello. I’m from Houston, TX and I just bought a car in Milwaukee, Wisconsin. While I was spending the night in a motel, my brand new car was damaged by the hotels shuttle bus driver.

The damage was underneath the driver's side rear bumper and I didn’t notice it until later on.... View More

William F Sulton
William F Sulton
answered on Sep 6, 2017

You should the hotel for the name of its insurance company. You can then contact the insurer and make a claim.

1 Answer | Asked in Personal Injury for Wisconsin on
Q: A neighbor's ten year old kid cut himself on the wire fencing of my chicken coop. Now his parents want me to pay his

medical bills. Do I have to if I had a 'no trespassing' sign in view of the coop?

William C. Head
William C. Head pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 16, 2017

If you have homeowner's insurance, let them deal with this issue. I would not pay, if the boy was not INVITED to be on your property, which it seems he was not. Any fence may have parts that can cut a person's hand. The parents are acting like you set up a snare, or a pit, and injured... View More

1 Answer | Asked in Personal Injury and Animal / Dog Law for Wisconsin on
Q: We are re-homing a dog with a bite history. Can we be held liable if he bites someone under the new owner's care?

Our dog has bitten twice when someone entered our home unexpectedly. Because of this we don't want to keep him as we have many visitors. We know a guy who really wants him and says he has experience working with this behavior. We would prefer to re-home the dog rather than euthanize. We have... View More

Peter N. Munsing
Peter N. Munsing
answered on Jul 18, 2017

No, as long as you told the new owner it's on him.

1 Answer | Asked in Car Accidents, Insurance Defense and Personal Injury for Wisconsin on
Q: What to do after receiving personal injury summons for judgment of money, following car accident?

In February 2017, I was at - fault for a minor car accident with no damages, or visible/declared injuries. I exchanged personal & insurance information with other driver, but no police accident report filed. The other driver later filed a personal injury claim with my (then) insurance company.... View More

Peter N. Munsing
Peter N. Munsing
answered on Jun 29, 2017

You had insurance and this is what it is for. They will hire you an attorney. Fax and SEND THEM THE SUMMONS, phone them, keep a copy for yourself. DO NOT REPRESENT YOURSELF!

1 Answer | Asked in Personal Injury for Wisconsin on
Q: How long does it take to get a settlement in a personal injury case?
Peter N. Munsing
Peter N. Munsing
answered on Jun 9, 2017

That will depend on many issues--the severity of the injuries, how much they can be disputed--for instance, fracture cases usually get larger awards than back strain cases because no one can question a fracture, whereas with a back strain they can always argue it's pre-existing. Other factors... View More

1 Answer | Asked in Personal Injury for Wisconsin on
Q: I was injured during a hike but didn't realize I was on private property at the time.

Can I hold the land owner responsible for dangerous conditions on their property?

Jean Brown
Jean Brown
answered on Jun 5, 2017

The private owner of the land will likely claim that you were a trespasser on the property. With limited exceptions, see Wis. Stat. Sec. 895.29 (3), most of which apply only to injured children, the owner of the property owes no duty of care to a trespasser.

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