Godfrey, Leibsle, Blackbourn & Howarth, S.C.
Schedule Your Initial Consultation Today
Elkhorn, WI
Providing a full range of legal services

Elkhorn Wisconsin Legal Blog

Care facility sued for resident's death

Personal care homes are designed and legally-required to assure the safety of their residents. Failing to comply with this standard of care, however, can have fatal consequences for its vulnerable clientele. In one tragic case, a personal injury lawsuit was filed against Sun Prairie, Wisconsin memory care facility for the death of an 84-year-old patient from hypothermia last Dec.

According to the lawsuit, the resident walked out of her room late at night. The resident froze to death on one of last year's coldest nights.

How is it possible to determine driver distraction after a crash?

We see distracted drivers on the road all the time, even though distracted driving is extremely dangerous. We see them looking down at a phone, turning and reaching in the backseat, or steering with their legs while they hold food or grooming supplies in their hands. 

Even though distraction is so prevalent, it can still be a challenge to prove that a driver was distracted in the aftermath of a serious accident. Often, these crashes happen in the blink of an eye; many victims never see the accident coming, so it can be difficult to prove that a driver was not paying attention. That said, it is not impossible.

Development implications of shoreland zoning

Wisconsin is rich with lakes and natural beauty, and the state aims to continue an optimal balance of development and preservation.

Here are some of the basic shoreland zoning requirements in Wisconsin to keep in mind whether you’re planning to develop a piece of waterfront property or remodel already existing structures.

Car accident: Many Wisconsin drivers are older than 65 and safe

A national transportation research group recently expressed concern over the number of drivers older than 65 years who are involved in crashes in Wisconsin. According to a study, there are fewer older drivers in Wisconsin compared to the rest of the country; however, the fatality rate is significantly higher than most other states. The researchers noted that this does not necessarily indicate that older drivers are bad drivers, but frailty can make the victim of a car accident more likely to suffer severe or fatal injuries.

Many people between 65 and 70 years old remain active in their communities, and they should not be discouraged to stay mobile. The safety director for the Wisconsin Department of Transportation says most older drivers comply with seat belt rules, and they avoid speeding and drunk driving. However, he underscores the importance of recognizing the signs of deteriorating eyesight, reaction times, muscle dexterity and compromised health. Medication can also affect a driver's alertness behind the wheel.

Passenger injured in car accident might have grounds to sue

People in Wisconsin do not always pay enough attention to the risks they face when getting into other people's cars. Similarly, not all drivers realize that the safety of passengers is their responsibility and that any negligence can lead to a car accident and potential legal claims. However, passengers can take precautions to protect themselves, even though the driver has control of the vehicle.

Typical causes of car accidents include distracted and impaired driving, along with speeding and violating traffic laws. Tailgating and weaving between traffic lanes are dangerous driving habits, and the failure to adjust driving techniques in snow or rain can cause a crash in the blink of an eye. Drowsy drivers cause many accidents, and also inattentive drivers that fail to keep a lookout for road construction zones, debris on the roadway and animals or pedestrians walking on or across the road.

Medical malpractice suit claims surgery caused partial paralysis

Learning that one needs surgery is enough to cause anxiety for anyone. The reason for this trepidation might be the frequency of reports that appear in the media about medical malpractice in Wisconsin and elsewhere. One such a claim was recently filed in a civil court in another state. It followed a surgery that brought about adverse health consequences that affected the lives of the patient and his wife.

The lawsuit was filed by the couple against a medical facility in another state at which the man underwent surgery in May 2016. According to court documents, the plaintiffs allege that negligent practices left the man with nerve damage that was caused by spinal cord infarction. This is a stroke that can be caused by the closing of major arteries that supply blood to the spinal cord.

Medical malpractice: $11.35M awarded for birth injuries

The birth of a child to any Wisconsin family should be one of life's highlights, and when something goes wrong during the birth, it can be life-changing for the entire family. Sadly, birth injuries sometimes only become evident later when a child shows developmental and social problems. A jury in another state recently ruled in favor of a teenager who suffered brain injuries at birth. His parents filed a medical malpractice lawsuit against the doctor who handled the boy's birth.

Court documents indicate that the plaintiffs accuse the doctor of negligence in not providing care of an acceptable standard. They contended that this was the mother's first child, there were indications of a large baby, and it was determined that the child's head was not in the proper position for normal birth. For these reasons, they argued the doctor should have ordered a Caesarian section rather than using instruments during the birthing process. The child apparently had multiple bruises and contusions after the birth.

What level of recovery can be expected after DUI accident?

Victims of crashes caused by drunk drivers may suffer the consequences for the remainder of their lives. In fact, there have been cases in which children or infants suffer life-changing traumatic brain injuries in such accident. Questions are sometimes asked by people in Wisconsin about the level of compensation a victim of a drunk driving accident can expect to be awarded by a civil court.

The court will look at different aspects when a monetary award is considered. Wisconsin supports the modified comparative negligence rules, meaning that the percentage of the victim's negligence -- if any -- will be deducted from any compensation that is awarded. Victims with injuries that will need long-term or life-long care may be awarded compensation to cover that care. This will be along with past medical expenses for the time between the accident and the court case.

Car accident kills 77-year-old passenger in Wisconsin

Many collisions on Wisconsin roads are caused by distracted drivers. Multiple things can cause distractions, including cell phone calls and text messages. Even a moment's distraction -- especially in snowy conditions -- can cause a driver to cross over the center line and into the path of other traffic. A cross-over car accident recently claimed the life of a passenger in Fond du Lac County.

In an official accident report, police noted that conditions were snowy and slippery on State 44 when a fatal accident occurred on a recent Saturday at approximately 10 a.m. The report indicates that a 52-year-old man was eastbound in a pickup truck outfitted with a plow when a car going west crossed the center line and landed directly in its path. The collision that followed caused the passenger in the car to be trapped inside the vehicle.

Is a learner's permit holder an uninsured motorist?

When there is a young learner's permit holder in a Wisconsin family, the parents may have questions about the need to get additional auto insurance. If that person is driving an already insured vehicle of the parents, the holder of the learner's permit will not be seen as an uninsured motorist. This is because auto insurance follows the vehicle and not the operator.

For that reason, as long as the car is insured, the driver will also be protected. However, insurance companies have different rules when it comes to the specification of drivers on auto insurance policies. Some would only require the driver to be added after he or she was involved in an accident while other companies need every driver -- or every member of the household -- to be specified.

Email us for a response

We Can Resolve Your Legal Issue

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy