Posts Tagged ‘Personal Injury’

As she was driving to work, a 32-year old woman was hit by a truck on the front driver‘s side. The truck driver was clearly out of his lane. The woman’s injuries were severe and included a severed aorta, which is the largest artery in the body . In life-saving surgery, her aorta was surgically repaired by means of inserting a mesh patch. Her other injuries, including a badly broken leg and broken wrist which made it impossible for her to work. Tragedy struck again as her boyfriend, with whom she had been living, died of brain cancer only a few months after her accident and while she was still recuperating.

Not surprising for cases with insurance companies, the case dragged on as she struggled to find ways to make a living and maintain a roof over her head.  Meanwhile, the attorneys at Hausmann-McNally, S.C. did what they could to keep up her spirits. After a long period, the case was settled with the insurer paying her $1 million for her injuries and losses. She now has a regular income from the structured settlement, which is an option clients can choose when they win a settlement.

In November of 2005, a young man was helping an individual who was repairing his home. He was mounting a ladder when it slipped and he fell to the ground head first.  As a result, he suffered serious brain injury.

He lost much of his memory and thought-processing ability.  Doctors could not promise full recovery. He was unable to work for an extended period and felt pretty hopeless about his future.

The first two attorneys he contacted flatly refused to take the case. They felt it was hopeless because it appeared most difficult to establish liability in the situation.

Charles Hausmann, president of Hausmann-McNally, S.C., felt this man deserved his day in court. Hausmann-McNally agreed to take the case.  The firm’s attorneys and investigators thoroughly examined the circumstances of the incident. The firm located and retained the services of a noted ladder expert, who reported to them that the specific  ladder used was clearly meant to be tied down and braced as outlined by the OSHA instructions. The process to bring the matter to justice included numerous depositions and motions by the defendant’s insurance company to avoid its responsibility for paying the claim. After a complicated series of procedures, the injured man agreed to accept a settlement in the amount of $310,000. He is now taking college-level courses and rebuilding his life after the accident.

The case was settled before it went to trial in Dane County Circuit Court. Attorney William Smoler represented the young man and worked to help assemble the case. Smoler is the head of the Madison office for Hausmann-McNally, S.C.

Barrett spoke for the first time Wednesday (August 19) about being attacked by a man as he attempted to help a woman and her one-year-old granddaughter near the Wisconsin State Fair on Saturday night. The popular 55-year-old mayor suffered a shattered hand got two of his teeth knocked out and had gashes on his face and the back of his head.

Anthony J. Peters, 29, was arrested by Milwaukee police about noon Sunday near 17th and State Street after he was sought for the beating which happened as the mayor was leaving the Wisconsin State Fair at 10:45 p.m. in the 8800 block of W. Orchard St., West Allis at State Fair Park. The mayor was attending the fair with his family.

Questions arise about the mayor’s security. Should he have had a security guard with him while he visited the Wisconsin State Fair? Wisconsin Governor Jim Doyle said in a radio interview Wednesday that he feels Barrett didn’t ask for security because “he just wanted a normal life,” that he should have been entitled to enjoy the fair with his family.

This leads me to something I have been thinking about. It involves people’s personal security. Sometimes bad things happen in completely unforeseen places and circumstances. But, sometimes things happen that could have been prevented because bad things have happened in those places before. And, it is predictable and foreseeable that additional criminal incidents would happen there again.

Although Mayor Barrett was attacked in what was apparently a safe public walkway, there are many privately owned businesses and commercial premises that should be looking after people’s security. And some just aren’t doing it.

Based on my experience in several recent cases, many property owners and businesses have a cavalier attitude towards their customers’ safety. Even though they are aware of unsafe conditions, they do not remedy them even after they are brought to their attention time and again. Issues like inadequate lighting or unsafe conditions, rickety stairs, unsafe tenants—even convicted arsonists allowed to live in an apartment complex without notifying the other tenants. We have seen situations where there have been repeated armed robberies, muggings and assaults in certain areas and specifically at certain addresses.  The law states that it is the property owner’s responsibility to exercise ordinary care to avoid creating an unreasonable risk of injury to a person. It is the business owner’s responsibility to provide a safe place for his/her employees and customers, including taking reasonable measures to prevent foreseeable violent incidents and deal with violent crime activity.

Of course, when it comes to trial, they argue they could not have predicted the incident. In several recent cases, I have asked our firm’s researchers to check police records and found that some businesses have an alarmingly long history of police calls. Time and again police were called to the same location and still things did not seem to improve. Some taverns, convenience stores, gas stations and partially-hidden ATM machines seem to generate an unusually high percentage of incidents.

Some businesses claimed they offered security, but when we checked into it, their security was nothing more than hiring a burly guy to stand at the door. That is not security. A good system involves a thorough security analysis, well-trained security professionals, strategic security thinking, and plans for preventing dangerous situations. We have hired experts to help us prove that inadequate, inappropriate or malfunctioning security was the cause of our clients’ injuries.

While it is unfortunate to be attacked in a place that is assumed to be safe, it is even more unfortunate to be attacked and injured in a place where the people know it is likely to happen and they did not provide adequate security.

This is the type of situation where an experienced personal injury attorney can help victims recover monetary awards or settlements for their losses and injuries. Our firm has worked with many of these types of “inadequate security” cases and we are eager to delve into the details to protect our clients’ rights.

In addition to Hausmann-McNally’s legal work for clients, we have devoted considerable resources and energy to overcoming violence in another way–checking it at the door by creating a positive counter force. In our efforts to create the Victory Over Violence Park in Milwaukee’s inner city, we transformed a rundown, littered area in one of the most violent areas of the city and turned it into a park where people can stroll, sit, listen to music, and enjoy flowers, trees and the outdoors. Hundreds of volunteer hours and the efforts of the neighborhood have helped make it bright spot for Milwaukee’s inner city.

As a lawyer, I get great satisfaction in winning court cases and settlements for my clients. As a citizen, I believe we need to do what we can to counteract the negative violent forces in our community.

The beating of Milwaukee Mayor Tom Barrett is in the headlines.