Suffering a severe burn is an extremely traumatic experience that can leave both physical and emotional scars. When someone else’s negligence is the cause, burn victims have grounds to pursue compensation through a personal injury claim. However, proving liability for burn injuries in these complex cases requires the expertise of a skilled personal injury lawyer.

At Herrling Clark, our team has extensive experience investigating burn injuries and establishing accountability. Here are some key factors we analyze to determine who was at fault.

Evaluating the Incident’s Circumstances

To build a strong burn injury case, all details surrounding the incident must be carefully examined. Some common details in burn injury cases, include:

• Where and how the burn occurred;
• Who was responsible for creating the fire or heat that caused the burn and how did that fire or hot object come into contact with the injured party;
• Were the appropriate safety protocols followed; and
• Have there been any previous complaints or violations regarding hazardous conditions?

Pinpointing the specific cause and origin of the burn is key to determining liability.

Exploring Types of Negligence

In general, the types of negligence that could lead to burn injuries fall under a few common categories, which include: 

• Workplace – Lack of training, unsafe equipment or ignoring safety measures;
• Product Liability – Defective or dangerous design, manufacturing flaws or inadequate warnings;
• Premises Liability – Hazardous property conditions, code violations or negligent security; and
• Vehicle Accidents – Crashes caused by impaired, reckless or distracted driving.

An experienced burn injury lawyer understands these different categories and the liabilities involved in order to build a case.

Utilizing Expert Testimony

Nobody ever wants to admit fault for a burn injury, so it is common for such crimes of negligence to boil down to conflicting accounts of what happened. It’s never a good strategy to rely upon just the word of one individual vs. another, so an effective strategy can be to call upon an expert to provide informed testimony. Such individuals may include: 

• Forensic evidence experts;
• Engineers and product safety experts;
• Workplace safety professionals; and
• Medical treatment providers.

Analysis from an unbiased third-party can go a long way to prove liability for burn injuries.

Top Burn Injury Lawyers

The long-term impact of serious burns can be devastating – affecting victims’ quality of life, employment situation and financial well-being. At Herrling Clark, our lawyers have a depth of experience dealing with burn injury cases and broader personal injury law. If you have suffered burn injuries due to another’s negligence, we can help determine liability and fight for justice. Contact us today for a free case evaluation from our top-rated personal injury firm.

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Going to court over a personal injury case can be an intimidating experience. Although your attorney is present and will move the courtroom proceedings forward on your behalf, it’s still important to feel comfortable going into the courtroom. Additionally, during some parts of the trial process such as providing testimony and being cross-examined by opposing counsel, you won’t have your attorney next to you to provide peace of mind. It’s natural to feel some anxiety in the unfamiliar setting of the courtroom, and as a top personal injury law firm in Wisconsin, Herrling Clark has helped many clients successfully navigate the legal process. Here are some tips on preparing for your personal injury court case. 

Do Your Due Diligence

The keys to being prepared start well before you step foot in the courtroom. It’s important to have a clear understanding of your personal injury case by:

• Reviewing relevant documents;
• Clarifying any questions with your attorney;
• Going over the sequence of events and facts of the incident; and
• Working with your attorney to anticipate questions you may be asked and how you might respond.

The last thing you want to have happen in the courtroom is to provide incorrect testimony or become flustered on the stand. Proper preparation alongside your personal injury attorney is critical to a successful outcome. Also, preparing appropriately for your day in court allows you to enter the courtroom with confidence. 

Understand Court Etiquette

Courtrooms are very formal settings where certain behaviors are expected. Here are a few pointers on how to act in court:

• Dress professionally in clean, formal attire;
• Address the judge as “Your Honor;”
• Only speak when called upon;
• Avoid sarcasm, argumentative tones, and excessive gestures – speak clearly and loudly enough for everyone to hear; and
• Be respectful at all times to courtroom employees like the bailiffs, clerks, the judge and others.

No matter your level of experience in a courtroom, proper decorum is expected. 

Testifying Truthfully and Confidently

Perhaps the most stressful time of your courtroom experience will be if you’re called to take to the witness stand and testify. The key when taking the stand is honesty and confidence in your testimony. Here are some tips to ensure your testimony goes as smoothly as possible:

• Take your time and be discerning with your responses. Don’t feel rushed into answering. Remember that what you say will be a permanent part of the public record of your case.
• If you don’t understand a question, ask for clarification. Don’t attempt to piece together an appropriate response to a question you didn’t understand.
• Always respond verbally. Nonverbal responses like shrugs, nods or shakes of the head can’t be recorded by the court reporter. If a nonverbal response is given, the judge will likely ask you to answer verbally.
• Don’t argue, just directly answer the questions asked. Arguing is your lawyer’s job, and you can rely on them to build a persuasive enough argument for a successful case outcome.
• Only provide the details you know for certain. Avoid providing responses that are based on hearsay.
• Remain poised and don’t get rattled by opposing counsel. Attorneys often employ tactics that attempt to throw off a witness and lead them to provide an answer that’s not well thought out. This can ruin your credibility to the judge or jury. Taking the time you need to respond is a great strategy to avoid this.

Personal Injury Representation in the Fox Valley

At Herrling Clark, we have represented personal injury victims across Wisconsin. Our attorneys work tirelessly to build strong cases and prepare our clients for all scenarios. If you’ve been injured due to someone else’s negligence, put our expertise to work for you. Contact us today for a free consultation on your personal injury case in the Fox Valley area.

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In the wake of a crash caused by an impaired driver, the physical, emotional and financial toll on victims can be overwhelming. Amid the chaos, a critical question looms: Who pays the bill for the damages incurred by impaired drivers? Navigating the process of seeking compensation following a crash  caused by an impaired driver does not have to be overwhelming, especially with the help of a personal injury lawyer.

Insurance Coverage

One primary source of compensation for victims of crashes  caused by impaired drivers is insurance coverage. Wisconsin law requires every driver to carry auto insurance, and this insurance can come into play to cover medical expenses, property damage and other losses resulting from the crash . However, the adequacy of insurance coverage may vary, and in some cases, it may fall short of fully compensating the victim.

Third-Party Liability

Beyond insurance coverage, there may be third parties held liable for the impaired driver’s actions. Establishments that serve alcohol, such as bars or restaurants, may be accountable if they served alcohol to someone already visibly intoxicated or underaged, contributing to the impairment leading to crash . This legal concept is known as dram shop liability, and it can open avenues for additional compensation for the victim.

Government Liability

In some instances, government entities may be held responsible for crashes  caused by impaired drivers. For example, if poorly designed roads or inadequate signage contributed to the crash , the government agency responsible for maintaining those roadways might be held liable.

Uninsured/Underinsured Motorist Coverage

Although Wisconsin state law requires all automobile operators to carry insurance, there may be cases in which the impaired driver is either uninsured or underinsured. In these situations, victims can turn to their own insurance policies for compensation. Uninsured/underinsured motorist coverage is an essential component that provides a safety net for individuals involved in crashes  with drivers who lack sufficient or any insurance coverage.

Legal Recourse

Engaging the services of a reputable personal injury law firm is crucial for victims seeking compensation from impaired drivers. The experienced personal injury attorneys at Herrling Clark can navigate the legal complexities, gather evidence and build a compelling case to ensure victims receive the compensation they deserve.

Contact Our Experienced Personal Injury Lawyers

Crashes caused by impaired drivers can have far-reaching consequences, leaving victims grappling with physical injuries, emotional trauma and financial strain. Understanding who pays the bill for impaired drivers is crucial in the pursuit of justice. With insurance coverage, third-party liability, government accountability and the expertise of a personal injury lawyer, victims can navigate the path to financial recovery. If you or a loved one has been a victim of a crash involving an impaired driver, remember that you are not alone— the personal injury lawyers at Herrling Clark are ready to step in as legal counsel to help rebuild your life after an auto crash caused by a drunk or impaired driver.

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The decision to move a loved one into a nursing home or assisted living facility is never taken lightly, with the expectation that they will receive the care and attention they deserve. Unfortunately, cases of nursing home negligence do occur, leaving families grappling with the consequences. If you suspect that your loved one has suffered due to negligence in a nursing home, the guidance of a seasoned attorney can be instrumental in securing justice for your loved one.

Consult with an Attorney

The expertise of an attorney specializing in nursing home negligence is essential. Your initial consultation becomes a crucial step where they evaluate the merits of your case, offer legal guidance, and outline a strategic plan tailored to your specific situation. The expertise of an attorney specializing in nursing home negligence is essential. Your initial consultation becomes a crucial step where they evaluate the merits of your case, offer legal guidance, and outline a strategic plan tailored to your specific situation. The team at Herrling Clark Law Firm can guide you through the steps to filing a nursing home negligence claim, ensuring you receive the compensation you deserve to aid in your recovery and future well-being.

Document the Signs of Negligence

Your attorney will provide insight into the type of incidents and evidence crucial for building a strong case. Thorough documentation is foundational, and an attorney’s guidance will help capture details necessary for a compelling claim. Signs of negligence may include unexplained injuries, sudden weight loss, changes in behavior or inadequate medical care. This guide from Wisconsin’s Department of Health Services can help you learn what types of complaints you can file for. Keep detailed records, including dates, times and descriptions of the incidents.

Notify the Nursing Home Management

Inform the nursing home management of your concerns as soon as possible. Crafting a formal complaint to the nursing home management team is a strategic move best achieved with your attorney’s assistance. Your attorney will ensure that communication is comprehensive, addressing legal considerations and positioning your concerns effectively. This can be done in writing, detailing the specific instances of negligence and requesting immediate action. Ensure that your communication is clear, concise and includes supporting documentation.

Gather Evidence

Collaborate closely with your attorney to collect and organize supporting evidence. The attorney will bring a legal focus to the process, advising on obtaining medical records, preserving communication with the nursing home and capturing photographic evidence to strengthen your case. Evidence may include medical records, photographs of injuries or living conditions, witness statements and any communication with the nursing home staff or management.

File a Complaint with the Relevant Authorities

Depending on your location, there may be regulatory bodies overseeing nursing homes. File a complaint with these authorities, providing details of the negligence and any evidence that has been gathered. This step can trigger investigations and may result in sanctions against the facility.

Explore Mediation or Alternative Dispute Resolution

Your attorney, equipped with negotiation skills, can explore alternative dispute resolution avenues before resorting to a formal lawsuit in Wisconsin. Their experience in mediation can pave the way for a quicker and potentially less adversarial resolution.

Initiate a Lawsuit, if Necessary

If all else fails, your attorney will guide you through the process of initiating a lawsuit against the nursing home. The attorney’s legal acumen ensures all necessary legal requirements are met, and they will advocate for your loved one throughout the legal proceedings.

Participate in Legal Proceedings

If your case goes to court, be prepared to attend proceedings. Your attorney will represent your interests, presenting evidence and arguments to support your claim. Keep in mind that many cases are settled before reaching the courtroom, often through negotiation or alternative dispute resolution.

Contact Our Experienced Personal Injury Lawyers

Filing a nursing home negligence claim is a challenging but necessary step to ensure accountability and justice for your loved one. By carefully documenting incidents, seeking legal guidance, and following the appropriate steps, you can navigate the process effectively. Remember, you are not alone in this journey, and with the support of Herrling Clark attorneys, you can advocate for the well-being of your loved one.

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Brain injuries can be among the most devastating consequences of accidents, often leading to long-term consequences that affect both the injured individual and their loved ones.

Understanding the different classifications of brain injuries is essential in grasping the severity and potential outcomes. Here’s an exploration of the various types of brain injuries that can arise from car accidents.

Types of Brain Injuries

Traumatic Brain Injuries (TBI): Sudden and forceful impacts can lead to traumatic brain injuries that disrupt normal brain function. TBIs can range from mild concussions to severe, life-altering damage. Symptoms may be immediate or develop over time, and they can include memory problems, confusion, headaches and mood changes.

Concussions: A mild form of TBI, concussions occur when the brain is jolted inside the skull due to a sudden impact. Symptoms may be immediate or delayed, and can include confusion, dizziness, headaches and memory problems.

Contusions: Contusions are bruises on the brain’s surface, often caused by a direct impact. Depending on the severity, they can lead to localized brain damage, affecting specific functions like speech, movement or sensation.

Diffuse Axonal Injuries (DAI): Car accidents involving sudden deceleration or rotational forces can cause DAI. This type of injury disrupts communication between brain cells and can lead to widespread cognitive, neurological and sensory impairments.

Hematomas: These are blood clots that form within the brain as a result of an impact. Subdural hematomas occur between the brain and its outermost layer (dura), while epidural hematomas form between the dura and the skull. Hematomas can cause pressure on brain tissue, leading to severe complications.

Penetrating Brain Injuries: These occur when an object penetrates the skull and enters the brain tissue. These injuries can result in significant damage to specific brain areas, leading to motor, sensory or cognitive impairments.

Second Impact Syndrome: These injuries occur when an individual sustains a second brain injury before the first one has fully healed. This condition can cause rapid and severe brain swelling, leading to life-threatening complications.

Contact Our Experienced Personal Injury Lawyers

Understanding the classifications of brain injuries is a crucial step in comprehending their impact and potential legal implications. If you or a loved one have suffered a brain injury due to someone else’s negligence, seeking professional legal assistance from a knowledgeable personal injury law firm is essential. The team at Herrling Clark Law Firm can guide you through the complex legal processes, ensuring you receive the compensation you deserve to aid in your recovery and future well-being. For more information, visit HerrlingClark.com.

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If you’ve been injured through no fault of your own, you may be entitled to compensation for any injuries suffered, lost work time, or a reduction in your quality of life.

In these circumstances, seeking qualified legal help is a good first step to determining whether such compensation is worth pursuing. Personal injury attorneys, including those at Herrling Clark Law Firm, are usually available for no-cost consultations to help people determine if they have a legal case to pursue compensation.

The following are basic questions to be aware of when first meeting with a personal injury attorney:

What are your fees?

In most cases, personal injury attorneys work on a contingency basis, meaning the attorney will only get paid if financial damages are awarded as a result of any legal action or pre-suit settlement. If financial damages are obtained, the attorney typically gets a percentage of the amount obtained, so it’s important to understand what that percentage is.

What if legal action is taken, but there’s no financial damages awarded?

It’s possible there could be some “case-related costs” charged by some personal injury attorneys in addition to the contingency fee. It’s important to ask the attorney who will be responsible for such case-related, or “out-of-pocket” costs if there are no financial damages awarded, and how much those costs will be.

What’s your experience, have you taken a case similar to mine?

It’s important to know an attorney’s level of experience, whether they’ve worked on cases similar to yours, and the results they’ve been able to secure. There are personal injury attorneys who specialize in certain types of cases such as auto accidents or slip and falls, so it’s important to know the type of work to which an attorney devotes most of their time.

How long will it take to resolve my case?

While this is an important question, it’s a difficult one to answer specific to any one case as no case is exactly alike and there are many variables involved that can impact how long it will take to complete. An attorney should be able to provide a rough estimate along with a general idea of what might prolong the case or what may help the process move along quickly. 

Who will handle my case?

At some firms, a potential client may initially meet with an attorney, but then have only limited contact once an agreement is signed.  At Herrling Clark however, you will work closely with your lawyer, and their paralegal and/or legal assistant. It’s important to understand who exactly you’ll be interacting with and who you can go to with questions when they arise.

Will my case go to trial, what’s your success rate in court trials?

A good personal injury attorney should prepare as though every case will go trial. You should also ask about the attorney’s experience when cases they’ve worked on have gone to trial and make sure they’ve won cases before a jury. 

For more information, visit HerrlingClark.com.

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Suffering an injury due to someone else’s negligence can be physically, emotionally, and financially overwhelming. Filing a personal injury claim can help you seek compensation for medical bills, lost wages and the pain and suffering you’ve endured. Here’s a comprehensive guide to help you navigate the process of filing a personal injury claim.

Seek Medical Attention:

After the incident, seek immediate medical attention for your injuries. Not only is this crucial for your well-being, but medical records will also serve as essential evidence for your claim.

Document the Scene:

If possible, gather evidence from the scene of the incident. Take photos of the accident site, injuries, property damage and any contributing factors like hazardous conditions.

Gather Information:

Collect contact details of witnesses and parties involved in the incident. 

Consult an Attorney:

Experienced attorneys can guide you through the complex legal process, ensuring that your rights are protected and that you pursue the compensation you deserve.

Evaluate Liability:

Your attorney will investigate the incident, gather evidence and assess liability. They will determine if the other party’s negligence or misconduct caused your injuries.

Document Damages:

Keep track of all your expenses related to the injury. This includes medical bills, prescription costs, therapy expenses, lost wages and any other financial losses you’ve incurred.

Negotiation:

Your attorney will likely enter into negotiations with the opposing party’s insurance company in hopes to reach a fair settlement. They will advocate for your best interests and strive to secure the compensation you deserve.

Filing the Lawsuit:

If the insurance company refuses to offer you a reasonable settlement, the next step is usually for your lawyer to file a lawsuit on your behalf. This initiates the legal process, which might involve written discovery, depositions, and other legal proceedings.

Litigation and Trial:

Personal injury cases rarely proceed to trial. However, if a settlement isn’t reached during the lawsuit, your attorney will represent you in court, presenting evidence and arguing your case before a judge and jury.

Verdict or Settlement:

Sometimes, even after the case is argued, settlement might be reached.  However, usually, after presenting your case, you’ll receive a verdict from the jury. 

Recovery:

Once your claim is resolved, you can focus on your recovery, using the compensation to cover medical expenses, lost wages and other damages.

Contact a Wisconsin Personal Injury Attorney

Filing a personal injury claim can be complex, but with Herrling Clark Law Firm by your side, you can navigate the process effectively. Remember that each case is unique, so working closely with your attorney will help tailor these steps to your specific situation, ensuring that you receive the compensation you deserve for your injuries and losses. For more information, visit HerrlingClark.com.

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As Wisconsin’s population and commerce grow, roadways are experiencing heightened congestion. Alongside the rise in passenger vehicles, there is an increasing presence of semi-trucks and commercial delivery vehicles in daily commutes. However, this surge in semi-trucks also brings about a worrisome increase in trucking accidents.

Truck accidents can be catastrophic, leading to severe injuries and property damage. The complexity of these accidents often lies in determining liability, as multiple parties could potentially be at fault.

If you or a loved one have been involved in a truck accident, understanding how to determine liability is crucial for seeking fair compensation. Here’s a comprehensive guide to help you understand the process.

Who can be held liable?

The professional driver: Often, truck accidents result from driver error, such as speeding, distracted driving or violating traffic rules. Many trucks are equipped with electronic logging devices (ELDs) that record driving hours, speeds, and rest breaks. These records can provide crucial evidence of driver behavior leading up to the accident.

The trucking company: Negligent maintenance by the trucking company could lead to brake failures, tire blowouts or other mechanical malfunctions. If safety standards were not upheld, the trucking company could be found liable.

The trucking company might share responsibility due to inadequate training, unreasonable schedules or negligence in hiring drivers with a history of accidents or traffic violations.

The loading company: Poorly loaded cargo can cause imbalance, leading to accidents. Investigate whether the cargo was secured according to industry standards, and if the loading company followed proper procedures.

Manufacturer responsibility: Sometimes, accidents occur due to manufacturing defects in the truck or its components. Attorneys can investigate if any recalls were issued for the involved truck or its parts.

Contact a Wisconsin Personal Injury Lawyer

Determining liability for a truck accident can be intricate and demanding. Seeking legal representation from a specialized personal injury law firm with experience in truck accidents is advised. They can navigate the complexities, gather evidence and build a strong case on your behalf.

In the aftermath of a truck accident, securing your rights and fair compensation hinges on accurately determining liability. By enlisting the help of the experienced legal professionals at Herrling Clark Law Firm, you can strengthen your position and increase your chances of obtaining the compensation you deserve. For more information, visit HerrlingClark.com.

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Construction zones are an avoidable reality of traveling on roads and highways. No matter the type of project or size of a road construction zone, it’s important to pay attention, obey signs and signals, and be patient when driving in construction zones in order to avoid an accident.

Construction zones are hazardous places for workers and drivers, increasing risk of injury on both sides. However, by following a few simple steps, risk of accidents and injury can be significantly reduced.

The following are simple steps to keep in mind when approaching and traveling through a construction zone:

• Slow down – The most effective way to mitigate risk of accidents in a construction zone is to lower your speed and follow signs and signals. Many states impose significant penalties – hundreds of dollars in fines – for drivers who do not obey speed limits. As uneven pavement or altered curves and throughways are common within construction zones, lowering your speed can be the most effective way to keep yourself and construction workers safe.
• Drive defensively – While a good idea in any driving conditions, taking a defensive approach to driving – being prepared for what’s coming ahead, looking around and leaving room to avoid potential dangers – should be an even higher priority while traveling through a construction zone.
• Take alternate routes – Many times there are detour signs posted in advance of oncoming construction work. While it may add a few minutes to your trip, it’s usually worth the effort to avoid construction areas and riskier travel conditions.
• Be patient – Expect delays. Accept the fact that traffic will be moving slower through the construction zone and that you’ll likely be delayed. Take a deep breath and be patient with the traffic and construction around you.

It’s critical that drivers take extra precaution while driving in a construction zone. Speeding is the most common cause of injury among workers within a construction zone. More than 45% of worker deaths at construction sites are caused by vehicles striking workers on foot, according to the National Work Zone Safety Information Clearinghouse. 

If you’ve been injured as a driver or a construction worker through no fault of your own, you may be entitled to compensation to cover costs of your injuries or lost wages resulting from your injuries.

Contact a personal injury attorney to determine whether you should file a legal claim. The attorneys at Herrling Clark Law Firm have decades of experience handling personal injury claims and are ready to consult with you at no cost to help determine your best course of action. For more information, visit HerrlingClark.com.

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