Appleton Area Law Blog

Did your crash result in a brain injury?

On behalf of Peterson, Berk & Cross, S.C. posted in truck accidents on Thursday, May 9, 2019.

In Wisconsin, there are plenty of big trucks on the road. When they share road space with smaller personal passenger vehicles like yours, there can be big consequences for crashes. Today, we at Peterson Berk & Cross will take a look at the possibility of brain injury post-crash and how it may affect you.

Brain injuries can easily happen after a crash, especially when a big vehicle like a truck is involved. The speed and size can make any impact a hefty one, especially if your car is much smaller than their truck. Brain injuries can be caused by many things. One example is whiplash, an injury in which your brain could hit the inside of your skull if the force is intense enough. Traumatic damage can also be done if you hit your head on the steering wheel. If you were not wearing a seat belt, you may even hit the windshield.

How should you plan for long-term care?

On behalf of Peterson, Berk & Cross, S.C. posted in Estate Planning on Tuesday, April 23, 2019.

If you are an older Wisconsin resident, you may be thinking about health care options for yourself and/or your partner. If you sustain an injury from an accident or end up with a cognitive impairment such as Alzheimer's disease, you may end up needing long-term care. Even if you never end up requiring this type of health care, planning for it may provide you and your loved ones with peace of mind.

The National Institute on Aging estimates that approximately 70% of people over 65 years old will need a form of long-term care at some point in their lives. The NIA provides essential information on how to effectively plan for long-term care. You may first want to consider ways in which your personal circumstances may affect your health care needs. For example, if you have an existing medical diagnosis or a family history of certain conditions, it may increase your chances of needing long-term care.

How to have a safe boating season

On behalf of Peterson, Berk & Cross, S.C. on Tuesday, April 16, 2019.

Boating is a favorite pastime for Wisconsin residents. With the snow melting and temperatures rising, boats will soon be filling our lakes again. After all, what’s better than spending a beautiful afternoon with friends and family on the water? While these days make for great memories, tragedy can strike if you don’t take proper care before heading out.

The Coast Guard reported 4,291 accidents and 658 fatalities involving boats nationwide in 2017. Despite being a downward trend from the previous year, it’s clear that there is room for improvement. There are many simple things boaters can do to keep themselves safe on the water.

Is there a cap on medical malpractice damages?

On behalf of Peterson, Berk & Cross, S.C. posted in Medical Malpractice on Thursday, April 11, 2019.

If you have suffered harm due to the negligence of a health care provider, you have the right to seek monetary damages as compensation for your medical bills, lost wages, pain and suffering. In Wisconsin, economic damages receive unlimited coverage from the malpractice compensation fund. However, according to the Washington Post, there is a $750,000 cap on payouts for noneconomic damages. Wisconsin is one of 31 states to have such a cap.

Legal challenges to the cap on noneconomic medical malpractice damages have taken place in the past. Court records indicate that in 2011, a Wisconsin mother of four lost her limbs to amputation due to gangrene that resulted from a septic infection of which her doctors allegedly did not inform her. A jury awarded the woman and her husband $15 million in noneconomic damages in compensation for inconvenience, suffering, pain and disfigurement as well as $8.8 million in economic damages, for a total award of $25.3 million.

What are Wisconsin's contributory negligence laws?

On behalf of Peterson, Berk & Cross, S.C. posted in Car Accidents on Sunday, March 31, 2019.

If another person or entity causes you to sustain harm, Wisconsin law provides you the opportunity to sue for damages on the premise of negligence. However, the party you sue has the opportunity to refute your claim by proving your own negligence played a role in the incident. This is thanks to the theory of contributory negligence.

According to Wisconsin State Legislature, Section 895.045, the state abides by a contributory negligence law. Though contributory negligence typically means that a person is barred from recovery if the defendant can prove that he or she was partially responsible for his or her accident, the Badger State takes contributory negligence to mean more or less what comparative negligence means.

Convictions for small crimes can have big consequences

On behalf of Peterson, Berk & Cross, S.C. posted in criminal defense on Friday, March 15, 2019.

It is becoming increasingly clear that there are major problems with the criminal justice system in the United States, including racial and socioeconomic bias, wrongful convictions and overly harsh prison sentences. But there is also a problem with the way that the criminal justice system influences life in the rest of society.

A criminal record of any kind can have consequences that reach far beyond just serving jail time or paying fines. Even minor offenses can haunt someone for years to come. This problem was discussed in a recent opinion piece about how misdemeanors are and should be dealt with.

No death with dignity in Wisconsin

On behalf of Peterson, Berk & Cross, S.C. posted in Wrongful Death on Tuesday, March 5, 2019.

"Death with dignity" is a popular phrase used to describe situations in which a patient requests a medical practitioner to help him or her die. This is common in patients with a terminal illness or a severely debilitating condition.

Wisconsin law does not allow these assisted suicides. However, you can gain some control over how your life is handled in these circumstances through your estate plan.

Slip and falls are more dangerous for older people

On behalf of Peterson, Berk & Cross, S.C. posted in Personal Injury on Monday, February 4, 2019.

In the United States, falls are a leading cause of death and injuries for seniors over 65. What might seem like a minor fall for a younger person, can be a very dangerous event for an older person.

Not only can a fall cause death and injury, a fall can threaten a senior's independence and result in costly medical bills.

Don't let celebration lead to regret

On behalf of Peterson, Berk & Cross, S.C. posted in blog on Tuesday, January 22, 2019.

Alcohol is a common part of celebration in Wisconsin, but the celebrating can get you in trouble if you choose to get behind the wheel after drinking. Driving when you're drunk is not only illegal but dangerous.

Each year in Wisconsin, drunk driving kills hundreds and injures thousands more. According to the US Department of Transportation, the number of fatalities from alcohol-related crashes increases by about 300 nationally during the time between Christmas Eve and New Year's Day, which emphasizes how celebration can quickly turn into tragedy. In December of 2016 alone, 800 people died in drunk driving crashes.

Wisconsin bill would make a first time OWI a crime

On behalf of Peterson, Berk & Cross, S.C. posted in Criminal on Monday, January 14, 2019.

Wisconsin is the only state in the country where a first-time drunk driving charge is a civil violation and not a criminal offense, but two Wisconsin lawmakers are proposing to change this.

In early January, Representative Jim Ott and Senator Alberta Darling introduced a bill to the Wisconsin legislature to make a first time OWI (Operating While Intoxicated) offense a misdemeanor. This charge would result in a $500 fine and 30 days in jail when convicted. The current penalties for a first time OWI are a suspended driver's license for six to nine months and a fine of up to $350, but no jail time.