Personal Injury

December 19, 2024 by Will Pemberton

La negligencia es un concepto clave en la ley de lesiones personales. Juega un papel crucial en la determinación de la culpa cuando alguien resulta herido debido a las acciones (o falta de acción) de otra parte.

Si has resultado herido en un accidente, entender lo qué es la negligencia y cómo se prueba, puede ayudarte a navegar mejor tu reclamo de lesiones personales.

¿Qué es la Negligencia?

La negligencia se refiere a la falta de ejercer el nivel de cuidado que una persona razonable tendría en una situación determinada. En términos legales, significa que alguien actuó de manera descuidada, irresponsable o no actuó cuando tenía el deber de hacerlo. Esta falta de cuidado lleva a causar daño o lesiones a otra persona.

La negligencia puede ocurrir en muchas situaciones, incluyendo accidentes de tráfico, errores médicos, casos de resbalones y caídas, y productos defectuosos.

Si alguien resulta herido en estos tipos de accidentes y se puede probar que la negligencia fue la causa, la parte lesionada puede tener derecho a recibir una compensación por sus lesiones.

Los Cuatro Elementos de la Negligencia

Para probar la negligencia en un caso de lesiones personales, deben establecerse cuatro elementos clave:

Deber de Cuidado: La primera parte demuestra que el demandado (la persona demandada) tenía el deber de ser cuidadoso con el demandante (la persona que demanda). Este deber puede variar dependiendo de la situación.
Incumplimiento del Deber: El siguiente paso es probar que el demandado incumplió su deber de cuidado. Esto significa demostrar que el demandado no actuó como una persona razonable lo haría en la misma situación. Por ejemplo, un conductor que pasa una luz roja y causa un accidente puede ser considerado como alguien que ha incumplido su deber de cuidado.
Causalidad: El demandante también debe demostrar que el incumplimiento del deber del demandado causó directamente la lesión. Esto se conoce como causalidad. Por ejemplo, en un caso de accidente de tráfico, el demandante debe demostrar que las acciones del demandado, como pasar la luz roja, causaron directamente la colisión que llevó a sus lesiones.
Daños: Finalmente, el demandante debe demostrar que sufrió un daño real o pérdidas debido a la negligencia del demandado. Estos daños pueden incluir facturas médicas, salarios perdidos, dolor y sufrimiento, y otras pérdidas económicas y no económicas.

¿Cómo Prueban los Abogados la Negligencia?

Probar la negligencia puede ser un desafío, ya que requiere presentar pruebas sólidas que respalden cada uno de los cuatro elementos. Aquí están algunas de las estrategias que los abogados utilizan para probar la negligencia en casos de lesiones personales:

Recopilación de Pruebas: Los abogados recopilan todas las pruebas disponibles para establecer el incumplimiento del deber y la causalidad del demandado. Esto puede incluir informes de accidentes, registros médicos, fotografías, videos y declaraciones de testigos. Cuantas más pruebas estén disponibles, más fuerte será el caso.
Testimonio de Expertos: En algunos casos, los abogados pueden llamar a expertos para que proporcionen su testimonio. Por ejemplo, en un caso de negligencia médica, un médico puede testificar sobre el estándar de cuidado en el campo y cómo las acciones del demandado se desviaron de ese estándar. De manera similar, los expertos en reconstrucción de accidentes pueden ayudar a establecer la causalidad en casos de accidentes de tráfico.
Demostración de la Causalidad: Los abogados deben establecer un vínculo directo entre las acciones del demandado y la lesión. Esto a menudo implica mostrar cómo la negligencia del demandado causó un daño específico, como un choque de auto que lleva a un latigazo cervical o una caída que resulta en huesos rotos.
Negociación con Compañías de Seguros: Una vez que el abogado recopila las pruebas y muestra la negligencia, a menudo negocian con las compañías de seguros. Las compañías de seguros generalmente desean resolver las reclamaciones rápidamente. Un buen abogado puede utilizar las pruebas para obtener una compensación justa para su cliente.

¿Qué Sigue?

La negligencia es un concepto clave en la ley de lesiones personales. Para responsabilizar a alguien por las lesiones, debes probar la negligencia. Al demostrar el deber de cuidado, el incumplimiento, la causalidad y los daños, los abogados pueden ayudar a sus clientes a obtener la compensación que merecen.

Si has resultado herido debido a la negligencia de otra persona, buscar la ayuda de un abogado experimentado en lesiones personales es crucial para asegurarte de que tu caso se maneje correctamente.

December 11, 2024 by Will Pemberton

A slip and fall accident can happen in an instant but leave lasting consequences. In Wisconsin, knowing how to respond to slip and fall accidents is vital for health and legal protection.

Step 1: Prioritize Your Health and Safety

Your immediate concern after a slip and fall should be your well-being. Assess your injuries and seek medical attention.

Even if you believe your injuries are minor, it’s wise to visit a doctor. Some injuries, like concussions or soft tissue damage, might not be immediately apparent but can worsen without prompt treatment.

When you seek medical care, make sure to keep detailed records of your visits. This documentation will be important later if you decide to pursue a claim.

Step 2: Report the Incident

After a slip and fall, you should tell the property owner, manager, or someone in charge of the place where it happened. For example:

In a store: Inform a manager or employee on duty.
On public property: Contact the municipality responsible for maintaining the area.
At work: Report the incident to your supervisor or HR department.

Request a written report and make sure to obtain a copy for your records. If the incident happened on public property, writing down the complaint can help create a timeline. You can do this through email or a formal notice.

Step 3: Document the Scene

Gathering evidence at the scene of the accident is critical. If you’re physically able to, take these steps:

Photograph the area: Capture pictures of the conditions that caused your fall, such as a wet floor, icy sidewalk, uneven pavement, or debris.
Take note of details: Write down the time, date, and specific location of the fall. Include observations like lighting conditions, warning signs (or lack thereof), and the presence of any witnesses.
Collect witness information: If anyone saw your fall, ask for their contact information. Their statements can provide valuable support if you file a claim.

Step 4: Avoid Discussing Fault

When talking to the property owner, employees, or insurance reps, do not say anything that sounds like you accept blame. For example, saying “I wasn’t paying attention” or “It was partly my fault” might undermine a potential claim. Stick to the facts about what occurred without assigning blame.

Step 5: Understand Premises Liability in Wisconsin

Wisconsin’s laws surrounding slip and fall accidents fall under premises liability, which holds property owners or occupiers responsible for maintaining safe conditions. To have a valid claim, you’ll need to show that:

A dangerous condition existed on the property.
The property owner or occupier knew or should have known about the condition.
They failed to address or warn about the hazard.
This negligence directly caused your injury.

For example, a grocery store could be responsible if a spill happened. If employees did not clean it up quickly, it could cause a fall.

Step 6: Know the Statute of Limitations

In Wisconsin, you generally have three years from the date of the slip and fall to file a personal injury lawsuit. However, if your claim involves government property, different deadlines and notice requirements may apply. Acting promptly ensures you don’t miss these critical timelines.

Step 7: Preserve Evidence and Keep Records

In addition to documenting the scene, hold onto any physical evidence related to your accident. This might include the shoes you were wearing, particularly if they were damaged in the fall. Keep a file with copies of:

Medical bills and records
Photos of your injuries
Communication with the property owner or their insurance company
Receipts for any expenses related to your recovery, such as physical therapy or transportation costs

Step 8: Be Cautious with Insurance Companies

After a slip and fall, the property owner’s insurance may reach out to you. They might want to talk about the incident or offer you a settlement. It can be tempting to accept their first offer.

However, remember that insurance companies want to pay as little as possible. Never sign any documents or agree to a settlement without knowing your rights and understanding your injuries.

Step 9: Consider Legal Guidance

Understanding the legal parts of a slip and fall case can be tricky, especially when determining liability or negotiating with insurance companies.

While this guide provides an overview, consulting a slip and fall lawyer with experience in Wisconsin law can help clarify your rights and options.

How Long After a Fall Can Pain Start?

Pain from a slip and fall may begin immediately, but it’s also common for symptoms to appear hours, days, or even weeks later. Conditions like whiplash, soft tissue injuries, or concussions may not show clear signs right away. This delayed onset makes seeking prompt medical evaluation essential, even if you initially feel fine after the fall.

Preventing Future Slip and Falls

While no one can completely avoid accidents, taking certain precautions can reduce your risk:

Wear footwear appropriate for weather conditions, especially during Wisconsin’s icy winters.
Stay alert in public spaces, watching for hazards like spills or uneven surfaces.
Use handrails on stairs and ramps.

What Next?

A slip and fall accident can disrupt your life, but taking the right steps afterward can help you regain control. Prioritize your health, document the incident thoroughly, and understand your legal rights under Wisconsin law.

By doing so, you can focus on your recovery and ensure that you’re prepared to hold negligent parties accountable when necessary.

December 4, 2024 by Will Pemberton

Accidents on sidewalks are a common source of injuries, especially in areas prone to ice or snow. These injuries can also occur because of poor sidewalk maintenance. But when it comes to legal accountability, determining who is responsible for your injuries can be complex.

So, can you sue for falling on a sidewalk? The short answer is yes—but whether you have a viable case depends on the circumstances of your fall and local laws. Let’s explore this topic in more detail.

Understanding Liability in Sidewalk Slip-and-Falls

To sue for a sidewalk fall, you must prove that someone’s negligence caused your injury. Negligence means failing to take reasonable care to prevent harm to others. With sidewalks, responsibility often falls on one of two parties:

Municipalities: Local governments are typically responsible for maintaining public sidewalks.
Private Property Owners: In some areas, adjacent property owners are responsible for clearing hazards like snow and ice.

Who is liable varies by location, and understanding the local rules is essential for building a strong case.

When You Can Sue a City or Municipality for a Sidewalk Fall

If you fall on a public sidewalk, the city or municipality may be liable if they failed to properly maintain the sidewalk. This could include:

Broken or uneven pavement: Cracks, potholes, or sudden height differences.
Dangerous conditions caused by snow or ice: If the city failed to clear a hazardous accumulation of ice or snow within a reasonable timeframe.
Construction hazards: Sidewalks left unsafe during or after road or utility work.

However, suing a municipality comes with additional legal hurdles:

Notice Requirements

Most states require you to notify the city of your injury within a specific timeframe. In Wisconsin, for instance, you must provide written notice of your intent to file a claim within 120 days of the accident. Missing this deadline could jeopardize your case.

Governmental Immunity

Municipalities often have immunity from certain lawsuits. That said, this protection does not shield them if they were aware of the danger. It also does not shield them if they should have known about the danger or neglected to fix matters within an acceptable timeframe. For example, a city might be liable if they ignored reports of a broken sidewalk for months.

When Private Property Owners Are Liable

In some jurisdictions, private property owners are responsible for maintaining the sidewalks adjacent to their property. This typically includes:

Clearing snow and ice: Many cities, including Wisconsin cities, have ordinances requiring property owners to clear sidewalks within a timeframe after snowfall.
Fixing structural hazards: Uneven pavement or cracks caused by tree roots or other factors may fall under the property owner’s responsibility.

If a property owner fails to meet these obligations, they can be held liable for injuries.

What Factors Affect Your Case?

Several factors can influence whether you can successfully sue after a sidewalk fall:

Severity of the Hazard: Minor imperfections or small patches of ice may not be enough to prove negligence. Courts typically require the hazard to be significant and unreasonable.
How Long the Hazard Existed: A property owner or city is not expected to address a hazard instantly. For example, they may not be liable if ice formed overnight and your fall occurred early in the morning.
Your Own Actions: In Wisconsin, which follows comparative negligence laws, you could see a reduction in compensation based on your fault level. For instance, if you were texting while walking or wearing improper footwear, the court might determine you share some responsibility.

Steps to Take After a Sidewalk Fall

If you’ve been injured in a sidewalk fall, taking the right steps can strengthen your case:

Document the Scene

Take photos of the sidewalk, focusing on the hazardous condition that caused your fall. This evidence can be critical in proving negligence.

Seek Medical Attention

Even if your injuries seem minor, seeing a doctor ensures your injuries are documented. This is vital for any legal claim.

Identify Responsibility

Determine whether the sidewalk is maintained by the city or a private property owner.

Notify the Responsible Party

If a municipality is involved, provide written notice of your claim as required by local laws.

Consult an Attorney

Slip-and-fall cases can be legally complex. An experienced attorney can help determine liability, gather evidence, and navigate any legal deadlines or restrictions.

Challenges in Proving Fault

Suing for a sidewalk fall isn’t always straightforward. The responsible party may argue that the hazard was minor, unavoidable, or that you contributed to the fall. This is where evidence like photographs, medical records, and witness testimony becomes essential.

Seek Legal Counsel

Injuries from sidewalk falls can have serious consequences, from medical bills to lost wages and long-term pain. It’s certainly possible to sue for falling on a sidewalk. However, success depends on proving negligence, meeting legal requirements, and overcoming defenses like comparative fault.

If you’ve been injured in a sidewalk fall, don’t assume you’re without recourse. Contacting a slip and fall attorney can help you understand your rights, identify the liable party, and pursue the compensation you deserve.

Need help with a sidewalk injury claim in Wisconsin? Contact Pemberton Personal Injury Law Firm today for a free case evaluation.

November 26, 2024 by Will Pemberton

Each year, about 2.8 million people in the United States suffer a traumatic brain injury (TBI). Of those brain injuries, auto accidents are the most common cause.

Brain injury types can vary, perhaps more than you might think. This post will cover the range of brain injuries suffered in car accidents. We will also cover what you should do if you or a loved one have experienced one.

For more data on brain injuries, visit the CDC or the American Association for the Surgery of Trauma (AAST).

Concussion

A concussion occurs when the brain experiences a sudden jolt or impact, leading to temporary dysfunction. Symptoms include headaches, dizziness, confusion, and memory issues. They are typically classified as a mild brain injury. But concussions can have long-term effects if not properly managed, especially after repeated incidents.

Contusion (Brain Bruising)

Contusions involve localized bleeding within the brain tissue, usually resulting from a direct impact to the head. These injuries can lead to swelling, pressure on the brain, and, in some cases, require surgery.

Diffuse Axonal Injury (DAI)

DAI happens when the brain is violently shaken or twisted, causing tearing of nerve fibers. This type of injury disrupts communication between different brain regions and often leads to unconsciousness or persistent neurological deficits. You will commonly see DAIs occurring from high-speed car accidents.

Penetrating Brain Injury

When an object pierces the skull and damages brain tissue, it results in a penetrating brain injury. Such injuries can cause localized damage, infection, and swelling. Immediate medical attention is crucial for survival and recovery.

Traumatic Brain Hemorrhage (Bleeding)

Brain hemorrhages, either within or outside the brain tissue, are caused by ruptured blood vessels. Subdural and epidural hematomas are common types of bleeding.

They occur when blood collects between the brain and its protective layers. This can increase pressure and cause brain damage if not treated.

Secondary Brain Injury

Secondary injuries happen after the first trauma. They include problems like swelling, less blood flow, and higher pressure in the skull. These secondary effects can exacerbate the damage caused by the primary injury and may require intensive care.

These injuries often need quick diagnosis with imaging tools like CT or MRI. A tailored treatment plan is important. Victims may need regular observation, emergency surgery, and rehabilitation therapies to help with ongoing issues.

What to Do If You Believe You Have a Brain Injury

If you think you may have a brain injury, consider the following steps:

Seek Immediate Medical Attention: Visit an emergency room or contact a healthcare provider for evaluation. Symptoms like worsening headaches, dizziness, confusion, or loss of consciousness require immediate care.
Follow Medical Advice: Adhere to prescribed treatments, such as rest, medications, or follow-up tests like CT scans or MRIs.
Limit Physical and Cognitive Activity: Avoid strenuous activities or tasks requiring intense focus to prevent worsening the injury.
Document Symptoms and Incidents: Write down any changes in symptoms and the events that led to the injury. This is important for medical and legal reasons.
Consult Specialists: If symptoms persist, see a neurologist or brain injury specialist.
Consider Legal Advice: If you or a loved one suffered a brain injury due to another person’s negligence, consult a personal injury attorney.

Please note, Pemberton Personal Injury Law Firm cannot give medical advice. Please defer to a medical professional for all things health-related.

Brain Injury Medical Expenses

Every brain injury is different. But the lifetime cost of an individual brain injury could be over $1.8 million, pending severity and treatment needs.

Costs of traumatic brain injuries may include extensive rehabilitation programs, brain scans, and everyday assistance. There’s also the initial hospitalization to consider.

The United States sees an estimated cost of over $40 billion in nonfatal brain injury medical expenses every year.

What to Do Next

After visiting a medical professional, you should reach out to a car accident lawyer to fully understand your rights. Injury attorneys will walk you through your best course of action.

November 19, 2024 by Will Pemberton

Whiplash can sometimes cause brain injury, though the situation and extent of the impact matters. For example, a brain injury could occur when a car collision makes the brain move inside the skull.

Studies also show that chronic whiplash-associated disorders (WAD) can change blood flow in the brain, leading to brain-related problems. That includes cognitive and sensory symptoms, like memory problems or dizziness.

Additionally, the mechanical forces involved in whiplash can cause damage to brain tissues. However, these brain-related symptoms are often subtle and may not be immediately apparent. Injured persons will likely need advanced imaging or evaluation.

If you’ve suffered whiplash from a car accident, make sure you seek medical attention immediately. Doctors will treat your injuries and collect important information about your condition. This will help you understand what to do next.

For more information on whiplash and brain injuries, refer to trusted medical sources like the Mayo Clinic or research articles on chronic WAD.

Types of Brain Injuries Seen in Whiplash Victims

Whiplash can coincide with various types of brain injuries due to the forces involved. These include:

Concussion (Mild Traumatic Brain Injury): Caused by the brain hitting the inside of the skull due to sudden acceleration and deceleration.
Diffuse Axonal Injury (DAI): Damage to brain cells and their connections, sometimes due to the shearing forces of whiplash. This can disrupt communication between brain regions.
Contusion (Brain Bruising): Localized bruising of brain tissue that can occur when the brain is jostled in the skull.
Cerebral Hypoperfusion: Altered blood flow to certain brain areas, leading to symptoms like dizziness, fatigue, and cognitive issues. This is seen in chronic WAD victims.
Post-Concussion Syndrome (PCS): A collection of prolonged symptoms, such as headaches, memory problems, and difficulty concentrating. PCS could last weeks or months after the initial injury.

These injuries often require advanced imaging and expert evaluation to diagnose and manage effectively. If you suspect a brain injury, it’s crucial to seek medical attention promptly.

Traumatic Brain Injury (TBI) Stats

Yearly, 2.8 million people in the United States experience TBIs, resulting in 280,000 hospitalizations.
Motor vehicle crashes, including truck and car accidents, are among the most common causes of brain injuries.
Globally, TBIs account for $400 billion per year in related costs like medical expenses.
It’s estimated that nearly half of all concussions go undetected and untreated.

Long-Term Effects of Brain Injuries

TBIs can have significant long-term effects, especially when they go unnoticed. Even mild TBIs, like concussions, can lead to chronic symptoms.

The severity of the long-term impact of a TBI often depends on factors like the injury’s nature, treatment, and prior health problems.

Long-term effects of TBIs may include:

Memory problems, including difficulty recalling recent events or learning new information
Mood and personality changes, such as depression, anxiety, or irritability
Chronic headaches or migraines
Sleep disturbances, including insomnia or excessive sleepiness
Difficulty concentrating or multitasking
Impaired motor skills, which can affect coordination and balance
Disabilities such as dementia or other neurodegenerative conditions, further emphasizing the importance of early diagnosis and intervention.

What Should I Do If I Think I Have a Brain Injury?

If you think you have a concussion or other type of brain injury, take these steps immediately:

Stop all activities that risk further injury, such as sports or physically demanding tasks. Continuing may worsen your condition
Seek medical attention promptly to ensure proper diagnosis and care. A healthcare professional might perform neurological exams or imaging tests to rule out severe brain injuries
Rest both mentally and physically. Limit activities like reading, screen use, or intense concentration. Gradual return to regular activities is advised under medical guidance, at the recommendation of your doctor.
Watch for worsening symptoms, such as repeated vomiting, severe headaches, confusion, or difficulty waking up, which could indicate a more serious condition. In such cases, seek emergency care

Always follow your healthcare provider’s recommendations and avoid self-diagnosing or self-treating.

Submitting a Brain Injury Claim With Legal Help

A lawyer can assist with a brain injury claim by investigating the incident, gathering medical evidence, consulting experts, and negotiating with insurance companies. They ensure fair compensation for medical bills, lost wages, and pain and suffering. And they do it all while protecting the client’s rights throughout the legal process. We have law offices in Madison, Baraboo, and Eau Claire.

November 12, 2024 by Will Pemberton

If you were in a car accident that is not your fault, first find a safe place, and then call 911 for help. From there, document everything: exchange information, take photos, and get witness contacts.

You’ll also want to report the accident to your insurance, but avoid admitting fault. Then you should connect with a car accident lawyer to understand your rights and pursue fair compensation for damages.

This blog will expand on these steps so you can have a thorough guide on how everything works. We’ll also cover Wisconsin’s comparative negligence rule, which could affect the amount of compensation you’re due.

What to Do When a Car Accident Isn’t Your Fault

The following is a guide on what to do immediately after the accident. You’ll also find an overview of Wisconsin’s fault laws and how they apply to your case.

1. Immediate Steps to Take

If you’re in an accident that wasn’t your fault, start by ensuring everyone’s safety and follow these essential steps:

Call 911: Even if injuries appear minor, reporting the accident officially is critical for creating a record. Police and medical responders will document the scene, which can support your case later.
Exchange Information: Gather contact and insurance details from the other driver, and write down their license plate number.
Take Photos and Videos: Use your phone to capture the accident scene. Focus on damage to all vehicles, traffic signs, road conditions, skid marks, and any other relevant details. These images can help reconstruct the events leading up to the accident.
Collect Witness Information: If there are bystanders or other drivers who saw the accident. If you’re able to do so, ask for their names and contact information. Their statements may provide valuable support if fault is disputed.
Avoid Admitting Fault: Be careful not to say anything that could be interpreted as taking responsibility. Stick to the facts when discussing the incident with the other driver or police.

These steps will help you preserve evidence and protect your rights in the immediate aftermath of an accident.

2. Report the Accident to Your Insurance

In Wisconsin, you need to report all accidents. This includes accidents that cause injury, death, or property damage. If the damage is $1,000 or more, you must inform your insurance provider.

When speaking with your insurance company:

Stick to the facts
Avoid statements that could be interpreted as admitting fault

Even innocent comments like “I didn’t see them” could cause problems. Your insurance company will assess the situation and work with the other party’s insurer to determine liability.

3. What Is Comparative Negligence? How Does It Apply Here?

Wisconsin applies a comparative negligence rule for car accidents. This rule allows you to recover damages even if you’re partially at fault, as long as your fault is less than 51%. However, your compensation will be reduced by your percentage of fault.

For example, maybe you’re found to be 20% responsible for the accident and your damages amount to $10,000. In that case, you would see a reduction in your compensation by 20% and you would, therefore, only recover $8,000.

This comparative fault rule emphasizes the importance of gathering evidence and presenting a clear account of the accident. If the other party argues that you share fault, your documentation can help counter these claims and minimize your percentage of fault.

4. Disputing Car Accident Fault With Legal Representation

Navigating Wisconsin’s comparative negligence laws can be challenging, especially if fault is in dispute. Consulting a car accident lawyer who understands Wisconsin’s laws can be invaluable. They can help gather evidence, speak with witnesses, and work with accident reconstruction experts to build a strong case for you.

An attorney can also handle communications with insurance adjusters, helping you avoid statements that could jeopardize your compensation. If negotiations don’t yield a fair settlement, your lawyer can represent you in court.

5. Seeking Compensation

If the accident wasn’t your fault or your fault percentage is minimal, you may be eligible to seek compensation for:

Medical expenses
Property damage
Lost wages
Pain and suffering
Other related costs

Document all accident-related expenses, including medical bills, repair receipts, and records of missed workdays. Your lawyer will use this documentation to negotiate for a settlement that fully covers your losses.

Wisconsin Statute of Limitations for Car Accidents

In Wisconsin, you typically have three years from the date of the accident to file a personal injury lawsuit. While this may seem like a long time, starting the process early increases the chances of gathering reliable evidence and securing fair compensation.

Final Thoughts

If you’re involved in an accident in Wisconsin and it wasn’t your fault, prioritize your health and safety. Then document everything you can, and consider consulting an auto accident lawyer.

Taking these steps can help you navigate the complexities of a car accident claim, allowing you to recover and move forward with the support you need.

November 7, 2024 by Will Pemberton

The Takata airbag recall has been one of the largest and most complex automotive recalls in history. The recall has included over 67 million airbags in 42 million vehicles across numerous brands. Takata’s airbags, which used an ammonium nitrate-based propellant, were found to degrade over time. This was especially the case under high humidity and temperature fluctuations.

The airbag degradation could result in an explosion during the airbag’s deployment. The airbag would then send metal shrapnel into the cabin, causing severe injuries and fatalities. As of 2024, these airbags were linked to dozens of deaths and hundreds of injuries in the U.S. alone.

A significant concern is the backlog of vehicles, especially in regions like Texas where over 700,000 vehicles with defective Takata airbags remain unrepaired. Manufacturers have been offering free repairs, even towing vehicles to service centers, to address the backlog.

The Takata Airbag Lawsuits

Takata airbag issues have resulted in extensive litigation across multiple fronts, involving personal injury, wrongful death, and economic loss claims.

To assist victims, Takata created a $125 million trust fund to cover personal injury claims and compensate individuals who suffered physical harm from the airbags. A separate $850 million fund was established to reimburse automakers for recall costs.

Automakers linked to Takata airbags faced lawsuits for economic losses. Consumers also said their vehicles lost value, in addition to related costs that accrued. In 2017, a class action settlement of over $1.5 billion was given to vehicle owners affected by these losses. This money covered costs such as towing, car rentals, and lost wages.

These settlements include agreements with automakers like Honda, which also settled a separate multistate suit for $85 million in 2020, following allegations it knowingly concealed airbag risks from regulators and the public. The settlement required Honda to adopt stronger safety measures in its future airbag designs.

What Is Product Liability?

Takata airbag problems fall under the broader category of product liability cases. Product liability is a legal area that holds manufacturers, distributors, or sellers accountable for placing defective or unsafe products in the marketplace. It covers harm caused by design defects, manufacturing flaws, or insufficient instructions or warnings.

Plaintiffs can seek compensation if a product causes injury. These cases typically proceed under negligence, strict liability, or breach of warranty claims. The purpose is to ensure consumer protection and encourage safer product standards.

How much will I get from the Takata airbag settlement?

Compensation from the Takata airbag settlement varies. For economic losses (medical bills, for example), the settlement offers reimbursement. For personal injury or wrongful death claims, Takata’s $125 million trust fund provides payments based on injury severity. Individual payouts can range widely, but typically increase with the extent of harm suffered.

What Now?

The National Highway Traffic Safety Administration (NHTSA) continues to monitor the recall, urging vehicle owners to check their VIN on sites like safercar.gov and to repair affected airbags promptly.

For further details, you can explore sources like Consumer Reports and NHTSA’s official site, both of which provide updates on recall completion rates and affected vehicle models.

Use our form below or call (608) 448-6242 to speak with a car accident lawyer about airbag lawsuits and recalls.

October 29, 2024 by Will Pemberton

Falls among older adults are common and can lead to severe health complications. Some elderly loved ones live alone and do not have regular visitors. Others may not openly share their struggles. Whatever the case, it’s vital that you keep an eye out for signs indicating a recent fall.

You might see physical signs after a fall, these could include bruising or obvious injuries and changes in mobility. You might also notice behavioral changes that suggest an incident, perhaps an sudden change in their mood.

Observing these signs can help ensure that your loved one receives the care they need, whether at home or in a nursing facility.

Signs Your Elderly Loved One May Have Fallen

1. Physical Injuries or Bruising

Visible signs, like unexplained bruises, scrapes, or swelling, are among the most straightforward indicators of a recent fall. Elders might try to hide these marks, especially if they’re worried about losing independence.

Look for bruising on the knees, elbows, hips, or hands—areas that might make contact with the ground during a fall. Swelling or redness can also signal an injury, even if your loved one claims to be fine.

2. Changes in Mobility

A fall can affect how an elderly person walks or moves around. You might notice your loved one walking more slowly, shuffling, or hesitating to use stairs or uneven surfaces. They may also rely on furniture for balance or seem to avoid standing or walking altogether.

3. Increased Fatigue or Discomfort

If your loved one appears unusually tired or complains of aches and pains, this could be a result of a fall. Falls often lead to sore muscles or joint stiffness, especially if they’re trying to recover without medical help.

Pay attention if they begin mentioning pain in areas commonly injured during falls, such as the lower back, hips, or shoulders.

4. Fear of Movement or Avoiding Certain Activities

After a fall, some elderly individuals develop a fear of falling again, which can lead to social withdrawal or avoiding activities they once enjoyed. If they seem reluctant to go for walks, engage in physical hobbies, or leave the house, it could stem from anxiety about getting hurt again.

This fear can show up as hesitation to get up from a chair or bed. Your love done might try to avoid situations where they feel at risk of falling.

5. Wearing the Same Clothes or Neglecting Personal Hygiene

Falls can make routine tasks, like changing clothes or bathing, difficult or painful. Your loved one may wear the same clothes for several days. They might also skip hygiene because of physical discomfort or a lack of confidence in moving around alone. This is a subtle but important sign that they might be struggling with mobility due to an injury.

6. Changes in Mood or Behavior

Physical pain or the fear of falling can take a toll on an elder’s mental state. You might notice them becoming more irritable, withdrawn, or anxious.

Depression and frustration are also common, especially if your loved one feels ashamed or is embarrassed about a fall. Keep an eye out for mood shifts that aren’t typical for them, as emotional changes can be just as telling as physical signs.

Nursing Home Abuse and Neglect: When to Suspect It

When an elder resides in a nursing home, falls should be addressed promptly by the care staff. However, neglect or abuse in these facilities can sometimes go unnoticed and contribute to fall-related injuries.

Signs that might suggest abuse or neglect include:

Untreated injuries
Bedsores
A lack of staff communication about falls.

Signs of inadequate care from nursing staff include:

Your loved one reports frequent falls
They seem fearful of specific staff members
Sudden changes in their health or demeanor

Nursing home neglect can also manifest as dehydration, malnutrition, or a generally unkempt appearance. These signs might signal that the facility isn’t meeting essential health and safety standards for nursing homes.

Addressing any suspicions with the facility’s management or considering legal options can ensure your loved one’s safety and well-being.

Wisconsin Elder Abuse Statistics

The 2022 Wisconsin Elder Abuse and Neglect Report identifies elder self-neglect, financial exploitation, and neglect by others as major concerns. Specifically, 47.5% of reports were related to self-neglect, 22.0% to financial exploitation, and 10.4% to neglect by others.

Among other elder abuse cases the DHS reported, over half (53.5%) were substantiated, while 35.8% were unsubstantiated. Most affected elders were between ages 70-79 (36.4%), and 57% were female. Key abuser demographics indicate family members, particularly sons (14.6%) and daughters (14.5%), as common alleged abusers.

Take Action for Their Safety

If you suspect that your loved one has fallen, a proactive approach is essential. Check in with them regularly, in person and via phone call. Ask about their physical comfort, and encourage open conversations about any fears or discomfort they may have.

Additionally, consider scheduling medical evaluations if you observe unexplained injuries or behavioral changes. Supporting their mobility and safety can improve their quality of life and help prevent future falls.

October 21, 2024 by Will Pemberton

Car accident settlements can take longer than you might expect for a variety of reasons. Many of these reasons are beyond the control of the involved parties. However, understanding why these delays occur can help set realistic expectations and reduce frustration.

Below are seven key reasons why a car accident settlement might take a long time to resolve:

1. Establishing Liability

First, there is the matter of fault. In straightforward cases, like when one driver runs a red light, liability may be clear. But in many situations, these cases can be more complicated. There may be disputes between the parties involved, conflicting witness statements, or unclear evidence.

This could lead to prolonged investigations by insurance companies or attorneys. In some cases, both drivers may share fault, requiring detailed analysis to assign the correct percentage of liability to each. The more complex or contentious the determination of liability, the longer it can take to reach a settlement.

2. Gathering Evidence and Documentation

Another reason why car accident settlements take time is the need to gather sufficient evidence and documentation. Attorneys and insurance companies will typically request a wide range of materials, including:

Police reports
Witness statements
Accident scene photographs
Medical exam documentation
Any available video footage

Additionally, medical records and bills are critical to proving the extent of injuries and calculating damages. However, gathering medical documentation can be a lengthy process, especially if the injured party is still receiving treatment.

3. Complicated Injuries and Medical Treatment

Serious injuries can be another reason for a lengthy settlement. If the accident involves serious injuries, such as traumatic brain injuries, spinal cord damage, or other long-term conditions, it can take months or even years for the full extent of the damage to become clear.

Doctors may need time to assess whether the injuries will result in permanent disability or require ongoing care. This can directly impact the settlement amount. If victims need complex medical treatment, the insurance company may not be willing to settle right away. First, they’ll want to fully understand the long-term costs associated with the injury.

4. Negotiation Between Parties

Once liability is determined and evidence is gathered, both parties typically begin settlement negotiations. If both parties have legal representation, this process can involve significant back-and-forth, as each side makes offers and counteroffers.

Both insurance companies and attorneys try to secure the best outcome for their sides of the personal injury claim. So, negotiations can take time, especially if the initial settlement offers are far apart.

Attorneys may recommend rejecting initial lowball offers to wait for a more favorable deal, which can extend the process. Settlement discussions can last weeks or even months if the parties are not close to agreeing on a fair amount.

5. Insurance Company Delays

Insurance companies are often key players in car accident settlements, and they may intentionally or unintentionally contribute to delays. Adjusters may spend considerable time investigating the claim, reviewing evidence, and calculating potential payouts. Some insurance companies may also use stalling tactics to pressure claimants into accepting a lower settlement offer.

Additionally, larger insurance companies may have bureaucratic processes and multiple layers of approval required before parties can settle on an agreement. This means that even after negotiations are done, there could be delays in the process. The insurance company needs time to finish the paperwork and get approvals.

6. Litigation and Court Proceedings

If the settlement process stalls and the parties cannot reach an agreement, the case may proceed to litigation. Taking a car accident case to court can add substantial time to the settlement process. The court system can be slow, and scheduling a trial date may take months.

In the meantime, both parties will engage in the discovery process. That includes gathering additional evidence, conducting depositions, and preparing legal arguments. Even if the case does not go to trial and eventually settles before the court date, the mere possibility of litigation can add time to the process. Court delays, such as scheduling conflicts or a backlog of cases, can make litigation particularly lengthy.

7. Administrative Delays

Both law firms and insurance companies rely on administrative staff to handle the paperwork, process documents, and coordinate communication. Even seemingly simple administrative tasks can cause delays in the car accident settlement process.

For example, missing documents, incorrectly filed paperwork, or delays in communication can slow things down. Administrative staff are also responsible for scheduling meetings, depositions, and court dates. Coordinating those details can be challenging between multiple parties.

Furthermore, once parties agree on a settlement, the administrative task of processing the settlement payment can also add time. If someone needs to issue checks or transfer funds, even a small administrative error can delay the final payout.

Learn More With a Call or Email

Car accident settlements can take time due to a wide range of factors. Establishing liability, gathering evidence, and addressing complex injuries all add to the timeline. Prolonged negotiations, delays by insurance companies, and the possibility of litigation can further slow down the process. Administrative tasks, which may seem routine, can also contribute to delays when handled inefficiently.

While it can be frustrating to wait for a settlement, these steps are essential to ensure that the final agreement accurately reflects the damages and liabilities involved. Patience and thoroughness are key to achieving a fair and just settlement in the long run.

If you’re looking to file a personal injury claim, you can contact our car accident lawyers by using the form below or calling us at (608) 448-6242.

(608) 448-6242

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