Lyme disease is a debilitating condition that can make it so victims are unable to continue working. Without income from work, the out-of-pocket costs of treatment create a financial crisis for victims and their families.

If you or a loved one have been diagnosed with Lyme disease and can no longer work, our Green Bay Social Security Disability lawyers may be able to help you obtain federal disability benefits. There are no upfront costs with our services and an initial consultation is free. We have helped people with many different disabilities secure benefits.

Contact Sigman Janssen today to learn more: (877) 888-5201.

Does the Social Security Administration Have Specific Eligibility Criteria For Lyme Disease?

If you have been diagnosed with Lyme disease, your symptoms have kept you from working for at least one year, and you have worked long enough to earn the required number of work credits, you may be eligible for Social Security Disability benefits.

The Social Security Administration (SSA) does not have a listing for Lyme disease. However, you can still medically qualify for benefits under another listing.

For example, you might be able to qualify under one of the listings in Section 100, which covers disorders in the musculoskeletal system. You would need to prove you have significant mobility limitations, such as from the muscle weakness or numbness that can be caused by Lyme disease. If your symptoms make it much more difficult to walk or carry items, you may qualify for benefits under this listing.

You may also be able to qualify under one of the listings in these sections:

• Section 4.00 (Cardiovascular System) – If Lyme disease causes significant damage to heart or results in a severe heart disease, you may be eligible for disability. The SSA Blue Book has listings for various heart conditions, such as recurrent arrhythmias, ischemic heart disease and chronic heart failure.
• Section 12.00 (Mental Disorders) – Lyme disease might cause you to develop cognitive problems, such as memory issues. You would need to present medical documentation of a significant decline in your memory compared to your level of functioning before you were diagnosed with Lyme disease.
• Section 14.09 (Inflammatory Arthritis) – Lyme disease may cause problems with your joints, particularly your knees. This could turn into arthritis, severely limiting your mobility. The Blue book says individuals may qualify for this listing if they satisfy one of four sets of criteria.

Proving that your condition satisfies the criteria for one of these listings can be a challenge. That is why victims should seek help from an experienced lawyer. The attorneys at Sigman Janssen know how to determine if your medical issues fit the criteria for one of the listings above. We also know how to gather the medical evidence you need to show the severity of your condition.

Without assistance from an experienced lawyer, you risk submitting an incomplete application that is missing critical information.

Applying With a Residual Functional Capacity Assessment and Medical-Vocational Allowance

Unfortunately, the medical issues you suffer because of Lyme disease may not meet the criteria for one of the listings discussed above.

However, you may still qualify for benefits with a residual functional capacity (RFC) test. Claims examiners use this test to determine if you can still work with your health problems. They need to assess if you can work at your old job or any other job. This assessment identifies your physical and cognitive abilities, such as your ability to:

An RFC reveals how long a disability applicant can stand and walk, how long he or she can sit, how much he or she can lift, if he or she can climb a ladder, and much more. For example, some applicants may not be able to stand or walk for more than four hours in one workday. Others might not be able to sit for more than one hour at a time.

Claims examiners must also review your past jobs and classify them based on the level of exertion and skill required. They can then determine if your residual functional capacity allows you to do any of these jobs. If there are still aspects of your past jobs you can do, claims examiners are likely to find you are not disabled.

Claims examiners must also determine if there are other types of work you may be able to perform. To do this, they evaluate your age, education, skills and work experience.

Sigman Janssen’s experienced lawyers know what claims examiners are looking for when they evaluate residual functional capacity. We can help make sure your application includes a sufficient level of detail about the limitations from your medical condition.

Contact Sigman Janssen For Assistance With Your Disability Claim

Many Social Security Disability applicants may not realize the benefits of hiring a lawyer to assist them. You need detailed evidence to prove you meet eligibility criteria and an experienced attorney will know how to obtain it.

Sigman Janssen has a proven track record of obtaining benefits from the Social Security Administration, and our services are provided at no upfront cost. The initial legal consultation comes with no obligation.

Contact us today to find out if we can help you: (877) 888-5201.

There are many benefits to working with an experienced lawyer after a car crash. Unfortunately, many accident victims decide against calling a lawyer because they think they will need to go to court to obtain compensation.

This is a common misconception people have about calling a lawyer. Below, we discuss how often car accident cases go to trial, why some cases end up in court, the phases of a lawsuit, and why cases settle.

If you were injured in a crash caused by a negligent driver and need compensation, call Sigman Janssen to learn how we may be able to assist you. There are no upfront legal fees or costs, and the initial consultation with an Appleton car accident attorney is free.

Contact Sigman Janssen: (877) 888-5201. We have secured millions for crash victims.

What Percentage of Car Accident Cases Go to Trial?

There are no exact figures, but it is generally accepted that a very small percentage of car accident cases go to trial – the number may be less than five (5%) percent.

To put these numbers into perspective, consider that there are millions of car accidents each year and about half of those crashes result in injuries. Only a couple hundred thousand of those incidents result in lawsuits. Of those that end up in lawsuits, a large majority of those will eventually settle before going to court.

The bottom line is there is a small chance you will end up in a courtroom if you hire a lawyer for your car accident claim.

Why Do Many Cases Settle?

There are a few main reasons why most car accident cases settle. For example, some crash victims decide not to hire a lawyer and they settle with the liable insurance company for far less than their case may be worth.

However, even if you hire a lawyer, there is still a high probability the insurance company will eventually settle. One reason for this is that insurance companies prefer to avoid the added time and expense of a courtroom trial.

While the legal proceeding itself is expensive, there is a chance the jury will award more compensation than the insurance company would like to pay. Even if an insurance company needs to increase its offer to meet the victim’s demands, the cost is likely to be less than the amount a jury might award at trial.

Insurance companies may be more likely to settle when they think they are likely to lose in court. Insurers are more likely to think they will lose if the victim is represented by an experienced lawyer from a well-respected law firm. In fact, most lawyers are not going to take a case unless they think there is a good chance that they can recover a favorable settlement or win in court. This can have a strong influence on the insurance company’s desire to settle the case.

What Are the Benefits of Settling?

One of the main benefits of settling a case is that the victim recovers compensation more quickly. Court cases take much longer than settlements. There is also uncertainty about going to trial. When you settle, you know you will be getting compensation. If you go to court, there is a chance the jury will award less compensation than you need.

Why Do Some Cases Make it to Court?

Some cases may be more likely to end up in court, such as cases where:

Fault Is in Dispute

The insurance company may blame the accident on the victim or assign him or her an unreasonable amount of fault. While this might make sense with some accidents, insurance companies may do this when it seems totally unreasonable and unsupported by the evidence.

The Victim Suffered Severe Injuries

Crash victims with severe injuries are going to need significant compensation. Despite the seriousness of the situation, the insurance company will still try to pay as little as possible. The insurance company and the victim’s attorney may be far apart in the case value evaluation. At a certain point, the attorney’s only option may be to file a lawsuit.

What Are the Phases of a Car Accident Lawsuit?

There are several steps that precede a courtroom trial, which is one of the reasons lawsuits take longer than settlements.

Once a lawsuit is filed and a court date is set, discovery can begin. This is the process whereby both sides gather evidence, talk to witnesses, research relevant laws and take other steps to build their cases. After discovery, the judge who is managing the case may order mediation. This is an effort to reach a settlement so a trial will not be necessary.

If mediation is unsuccessful, the case will proceed to trial. A jury will be selected and a trial can begin where both sides will present their cases.

How Long Is a Trial For a Car Accident Case?

The trial itself may last a few days or even a few weeks. The duration is dependent on various aspects of the case, such as:

What Can I Do To Speed Up the Legal Process?

The most important step you can take to speed up the legal process is to call an experienced lawyer as soon as possible. The sooner you call, the sooner a lawyer can get to work pursuing the compensation you need.

Evidence can get lost if you do not act quickly. There is also a deadline for filing a lawsuit. Additionally, lawyers need time to build a case, so it is important to call as soon as possible. Some victims call from the scene of an accident or even from the hospital once their injuries have been stabilized.

Call To Discuss Your Wisconsin Auto Accident Claim

Most cases settle out of court with no need for a trial. When you hire an experienced lawyer, he or she can manage the settlement process on your behalf. That means you do not need to deal with the insurance company, determine the value of your damages, or take care of the many other details of the legal process.

Sigman Janssen has decades of experience and we have helped thousands of crash victims recover the compensation they needed.

We are here to help you with the legal process. Give us a call: (877) 888-5201.

Car crash injuries can affect you in a variety of ways, but one of the most debilitating effects is chronic pain. Some victims deal with chronic pain for many years after the accident.

If you or your loved one was severely injured in a crash caused by another’s negligence, there may be a significant risk of chronic pain. The auto accident lawyers in Green Bay at Sigman Janssen know how to secure compensation for all the effects of an injury, including chronic pain.

Below, we discuss how chronic pain can occur after a Wisconsin car accident and determining the value of chronic pain in an injury claim.

Call us to schedule a free legal consultation. Phone: (877) 888-5201. There are no upfront fees.

Defining Chronic Pain

According to Johns Hopkins Medicine, chronic pain is long-lasting pain that does not subside after the usual recovery period for your specific injury. Chronic pain often accompanies other persistent health problems, like arthritis.

Sometimes chronic pain is continuous and sometimes it comes and goes. Some people may have an easier time managing the pain, but others may be affected to the point they cannot:

Car Crash Injuries That Often Cause Chronic Pain

There are several car crash injuries that often cause chronic pain. However, each injury is unique, and some people might not experience chronic pain after they recover. This could be because of genetic factors, the victim’s age or how well the victim responds to treatment.

Back Injuries

Anyone who has ever had a back injury can attest to how painful they can be. Victims may experience pain when:

Back pain can be particularly devastating for people who were often physically active before the crash.

Head Injuries

Concussions and other traumatic brain injuries can cause a variety of physical and cognitive difficulties, which may be accompanied by persistent pain. The pain could come from persistent headaches, including migraine headaches.

Whiplash

Whiplash is an incredibly painful neck injury that often results from a rear-end collision. The victim’s head and neck get thrown forward and backward so hard that the soft tissues in the neck suffer damage. Victims may experience significant pain in their neck and upper back. The pain may radiate down to their shoulders and arms.

Soft-Tissue Injuries

Whiplash is just one type of soft-tissue injury that could occur in a car crash. Victims could also suffer knee, shoulder, ankle, or elbow injuries that result in long-term pain. Even if doctors surgically repair the damage, you may develop arthritis later in life. This can dramatically affect your mobility and your ability to take part in a variety of physical activities.

What is the Value of Chronic Pain in an Injury Claim?

There is no defined value for pain, it depends on many factors, including the victim’s experience, statements from doctors, the cost and duration of treatment, and more.

Treatment For Chronic Pain

Treatment for chronic pain often involves medication to help reduce or eliminate the pain. Victims may also need mobility aids, like braces, canes or crutches to help them walk without pain. Physical therapy and rehabilitation may also be part of the treatment plan. Victims may be able to strengthen the surrounding muscles and tissues to help reduce pain.

It is important to remember that physical pain can and often does have an emotional component. Victims may suffer from depression, lack of sleep, anxiety and other emotional issues.

Proof of Chronic Pain

It is important for car crash victims to report pain to their treating doctors as soon as possible. Your lawyer may also recommend keeping a journal in which you document the pain you experience each day. You can explain the severity of the pain, what it prevents you from doing, and how often it occurs.

Lawyers have various methods for attaching a value to chronic pain and other non-economic damages. One of the reasons you should hire an experienced lawyer is that he or she will know how to calculate the value of your chronic pain. Compensation allows you to get the treatment you need to manage your pain and help improve the quality of your life.

You need an experienced advocate to deal with the insurance company’s attempts to minimize your pain or deny it’s connection to your car crash injury.

Call Sigman Janssen For Post-Crash Legal Help

At our firm, we understand the wide-ranging effects of a car crash injury and we are deeply committed to securing compensation for all your medical care and other damages. We have decades of experience securing millions in compensation for injured victims in Wisconsin.

There is no risk in contacting our firm because the initial consultation is free of charge and comes with no legal obligation. There are also no upfront fees and no fees while working on your case.

Sigman Janssen. Experienced Lawyers. Proven Results. Call (877) 888-5201.

A stroke can cause a wide variety of physical, psychological and behavioral problems that make everyday life much more challenging. These issues can also prevent the victim from being able to work.

If you or a loved one suffered a stroke, you should consider applying for Social Security Disability. Stroke victims may qualify for benefits if they can prove they meet certain criteria.

However, you need detailed evidence to prove your eligibility. That is why many applicants decide to seek legal help. Working with an experienced lawyer who knows how to obtain the information you need reduces the risk of errors and delays, which can also help qualified applicants get benefits sooner.

Sigman Janssen’s Green Bay Social Security Disability attorneys have helped many applicants obtain benefits, and there are no upfront costs with our services.

Give us a call to discuss your application: (877) 888-5201.

What Is a Stroke?

A stroke occurs when there is a loss of blood flow to the brain, which causes brain cells to die. Strokes can be caused by blood clots (ischemic strokes) or ruptures in blood vessels that lead to the brain (hemorrhagic strokes).

How Does a Stroke Affect the Victim?

Strokes destroy brain cells, which can lead to many serious physical and cognitive problems. If you suffer a stroke on the left side of your brain, the right side of your body will be affected. That means you could have complete or partial paralysis on your right side, which would make it much harder to complete daily tasks like grooming, bathing and getting dressed.

You could also suffer cognitive issues, including:

• Memory loss
• Trouble speaking
• Changes in personality – you may be more cautious or slow to make decisions, even though you were not like that before

If you suffer a stroke on the right side of your brain, you may suffer visual impairment.

Other long-term effects of a stroke may include:

Is a Stroke a Disability Under Social Security Guidelines?

The Social Security Administration’s Blue Book has a listing for strokes (11.04 Vascular insult to the brain). If you can prove your medical issues fit the criteria for this listing, you may qualify for disability benefits.

You must demonstrate one of the following:

• Sensory or motor aphasia that causes ineffective speech or communication that lasts for at least three consecutive months after the injury occurred
• Disorganized motor function in two extremities that severely limits your ability to stand up while seated, balance while you are walking or standing up, or using your upper extremities; this reduced motor function must last at least three months in a row
• Severe limitation of your physical functioning and severe limitation in at least one of these areas of mental functioning lasting for at least three months:
  • Interacting with other people
  • Concentrating, persisting with tasks or maintaining pace
  • Managing oneself or adapting
  • Understanding, remembering or applying information

You will also need to prove you have not been able to work for the past year or that you will be unable to work for a minimum of one year.

What if You Do Not Qualify Under This Listing?

You may be surprised to learn that many people who are approved for benefits do not meet the criteria for one of the listings in the Blue Book.

If you suffer a stroke but cannot qualify under the listing for a stroke, you may still qualify for disability benefits under a listing for a visual or hearing impairment. If you cannot qualify under a listing for visual or hearing impairment, you may be able to get a medical-vocational allowance. This is an evaluation of your medical issues and how they affect your ability to work.

You must undergo a residual functional capacity evaluation to determine if you are eligible for disability benefits. This evaluation determines your physical and mental capabilities as it relates to your ability to work. For example:

Does a Stroke Automatically Qualify For Disability Benefits?

The Social Security Administration has a compassionate allowances program that fast-tracks the approval process for certain conditions. Although a stroke is a severe injury, it generally does not qualify for this program. Typically, you can only get a compassionate allowance for conditions like early-onset Alzheimer’s disease, schizophrenia, autoimmune diseases, certain cancers and other rare diseases.

Evidence To Prove Your Disability

You will need detailed medical evidence to show that you qualify for disability benefits. This evidence is likely to include:

Call Sigman Janssen To Discuss Your Social Security Disability Application

Many people who apply for disability benefits give up after their initial application is rejected. However, many initial applications are rejected, even though the applicants may have a medical condition that meets eligibility criteria.

That is why it is important to discuss the issue with an experienced attorney. The attorneys at Sigman Janssen can review your situation to determine if you might be eligible for benefits. We can also handle the application or appeal process on your behalf, at no upfront cost. Our firm has helped many with disabilities obtain federal benefits.

Call today to find out how we may be of assistance. Phone: (877) 888-5201.

Like many other types of cancer, leukemia can make it much more difficult to work and engage in the everyday activities you used to take for granted. If you have been diagnosed with this condition and are unable to work, you may qualify for Social Security Disability benefits.

Below, Sigman Janssen’s Oshkosh Social Security Disability lawyers discuss eligibility for SSD benefits for those who have been diagnosed with leukemia. Our firm has helped many people with disabilities obtain federal disability benefits, and there are no upfront costs with our services.

If you are preparing to apply for benefits or your application has already been denied, we may be able to assist you.

Give us a call today to learn more about our legal services: (877) 888-5201.

What Is Leukemia?

Leukemia is a form of cancer that affects the bone marrow, causing abnormal cell growth. Eventually, the abnormal cells replace blood platelets, red blood cells, white blood cells and bone marrow cells. Unlike other forms of cancer, leukemia does not produce any tumors.

What Are the Types of Leukemia?

The Social Security Administration classifies leukemia as either acute or chronic. Acute leukemia has a rapid onset. Chronic leukemia has a slow onset. Victims with this type of leukemia may not experience significant symptoms until the disease has advanced to its later stages.

There are two types of acute leukemia and two types of chronic leukemia:

• Acute Lymphocytic Leukemia – This form of leukemia starts in the white blood cells in bone marrow. It may spread to the lymph nodes, which can transport the cancer to the liver, spleen or other internal organs. This cancer is rare for adults, but it is the most common type of cancer diagnosed in children.
• Acute Myeloid Leukemia – This cancer usually starts in the cells that eventually become white blood cells. However, it may also form in cells that turn into other types of blood cells.
• Chronic Lymphocytic Leukemia ­- This is the most common type of leukemia that affects adults. This condition takes a long time to cause symptoms, sometimes years.
• Chronic Myeloid Leukemia – This form of leukemia is most common in people who are over the age of 65. Fortunately, the prognosis for this type of cancer is often good, as advanced treatments often cause the cancer to go into remission.

Leukemia Symptoms

Leukemia symptoms vary, based on the type of leukemia you are suffering from. Some of the common symptoms of the disease may include:

What Are the Eligibility Criteria For Social Security Disability for Leukemia?

Leukemia is listed in the SSA Blue Book. You may qualify under 13.06 A. for acute leukemia or section B. for chronic myelogenous leukemia.

Acute Leukemia

People who have been diagnosed with acute leukemia are automatically eligible for benefits. The SSA will need to reevaluate eligibility two years from the date of the diagnosis or 12 months from when the patient receives a bone marrow or stem cell transplant, whichever date comes later.

Chronic Myelogenous Leukemia

There are two types of chronic myelogenous leukemia that may qualify for benefits:

• Accelerated/Blast Phase – People who have been diagnosed with this disease are automatically eligible just like those with acute leukemia.
• Chronic Phase – Chronic phase patients are considered disabled until at least one year from the date of a bone marrow or stem cell transplant. If the cancer progresses after initial anticancer therapy, you may also be eligible for disability benefits.

Medical Eligibility Criteria

Despite the fact leukemia automatically qualifies for benefits, you still need strong evidence to prove you qualify. The SSA is going to need records from your oncologist, including blood test results, bone marrow biopsies and pathology reports that detail your diagnosis. Doctors may conduct a spinal tap to determine if the cancer has spread, along with other imaging tests (MRIs, CT scans and PET scans). The SSA needs to know the grade, stage and type of leukemia you are suffering from.

Applicants should tell their doctors they are applying for benefits. When your doctors quickly respond to SSA requests, it may help increase your odds of being approved for benefits.

Sigman Janssen’s experienced lawyers can help you gather the evidence you will need, including documentation of the treatment you have received.

Does Leukemia Qualify Under a Compassionate Allowance?

The SSA has a compassionate allowances list of conditions that qualify for an expedited approval process. Applicants suffering from one of these conditions can get benefits much faster than they otherwise would.

The following forms of leukemia are on the list:

What if Your Illness Does Not Fit the Criteria in the Blue Book?

If your cancer does not fit the criteria in the Blue Book, you might qualify under a medical vocational allowance. You will need to show you are unable to work at your current job for at least one year and that your skills will not transfer to another job. Your doctor will need to complete a Residual Functional Capacity form that explains your work abilities, such as:

Call Sigman Janssen for Assistance With Your Application

For decades, Sigman Janssen has been helping people with disabilities secure the federal disability benefits they needed. We manage each step of the process, including appeals if an application is denied.

There are no upfront costs with our services. The initial legal consultation is also free. Give us a call to learn more about the benefits of hiring an attorney to manage this process on your behalf.

Contact Sigman Janssen today to schedule a free consultation: (877) 888-5201.

Spinal cord injuries have devastating consequences for victims, from the loss of mobility to circulation and respiratory issues.

Many people who suffer a spinal cord injury need Social Security Disability benefits because they are unable to work. Despite the severity of the injury, you need to prove your injury meets certain criteria to qualify for disability benefits.

Sigman Janssen’s experienced Appleton Social Security Disability lawyers discuss these criteria below. If you have already applied and been denied or you are considering filing an application, we are here to help. We have assisted many people with disabilities in securing the disability benefits they needed.

Contact us today for assistance: (877) 888-5201.

What Is a Spinal Cord Injury?

A spinal cord injury is an injury to the spinal cord that causes temporary or permanent damage to the motor, sensory and autonomic functions of the spinal cord. These injuries are typically caused by direct impact to the spine, which may occur in a car crash, shooting, assault or while playing sports.

Victims often suffer varying degrees of paralysis in the trunk, arms and legs. Paraplegics suffer a loss of the ability to move their legs. Their chest, stomach and hips are also affected. Quadriplegics suffer paralysis in the arms, head, neck, shoulders and chest, in addition to their lower body.

Some of the other consequences of a spinal injury could include:

Spinal cord injuries can be divided into two main categories:

• Complete spinal cord injuries – The victim loses all feeling and movement below the site of the injury.
• Incomplete spinal cord injuries – There is an incomplete break of the spinal cord, so the victim retains some amount of function below the site of the injury.

How Often Do People Suffer Spinal Cord Injuries?

More than 17,000 people suffer spinal cord injuries in the U.S. each year, according to the National Spinal Cord Injury Statistical Center. There are hundreds of thousands of people currently living with spinal cord injuries.

What Are the Eligibility Criteria For Disability Benefits?

You may qualify for disability benefits if your condition meets the criteria for one of the listings in the Social Security Administration Blue Book. For example, there is a listing under section 11.00 – Neurological Disorders.

Section 11.08 lists spinal cord disorders that are characterized by one of three things:

Total Loss of Function

The loss of function must continue for at least three months.

Disorganization of Motor Function in Two Extremities

This disorganization must cause extreme limitations in your ability to stand up while seated, maintain balance while standing or walking, or use your upper extremities. These problems must persist for a minimum of three months.

Marked Limitation of Physical Functioning

There must also be marked limitation in mental functioning that lasts three months in a row. The limitation in mental functioning must include one of the following:

You might also qualify under the listing for disorders of the skeletal spine resulting in compromise of a nerve root (1.15). The compression of a nerve root must be characterized by all four of these things:

• Neuro-anatomic distribution of one of three symptoms: pain, paresthesia and muscle fatigue
• Radicular distribution of neurological symptoms, such as muscle weakness, sensory changes and symptoms of nerve root irritation, tension or compression
• Imaging tests that show compromise of the nerve roots in the cervical or lumbosacral spine
• Physical limitation of musculoskeletal functioning that has lasted 12 consecutive months or is expected to last 12 months; medical documentation must be provided to show:
  • There is a need for a mobility device (walker, crutches, cane, wheelchair)
  • Inability to use one upper extremity to independently initiate, sustain and complete work-related activity that requires fine movement; documented medical need for hand-held assistive device that requires one upper extremity or a wheeled mobility device that requires the use of one hand
  • Inability to use both upper extremities to initiate, sustain and complete work activities independently

You will need to provide detailed medical records to prove you meet the criteria for a Blue Book listing. This includes imaging tests that show your spinal cord injury, along with notes from your treating doctors.

What if You Do Not Qualify Under a Specific Listing?

If your condition does not meet the specific criteria for one of the conditions in the Blue Book, you might qualify for benefits through a medical vocational allowance. The Social Security Administration (SSA) will evaluate various factors to determine if you can work at all, or how much work you can do, including:

The SSA will need to do a residual functional capacity assessment to determine the physical limitations and restrictions you are experiencing because of your medical issues. They need to determine how much work you can do. For example, some people can only do sedentary work and cannot lift more than 10 pounds. Light work means you can sometimes lift 20 pounds and can regularly lift 10 pounds.

Seeking Disability Benefits? Call Sigman Janssen For Legal Assistance

You might think that it should be easy to obtain disability benefits for catastrophic injuries like spinal cord injuries. However, you need to provide strong evidence of your disability and it is hard to compile this evidence on your own.

That is why it is vital to find an experienced lawyer who has a proven track record with Social Security Disability applicants. Our firm has helped countless applicants obtain the benefits they needed.

Our services come with no upfront costs and the initial consultation is free of charge.

Give us a call today to learn more: (877) 888-5201.

Distracted driving is a leading cause of auto accidents, and it poses a serious risk to everyone’s safety. If you were injured in an accident caused by a distracted driver, you may be wondering what legal options may be available to you.

Our experienced Green Bay car accident attorneys are prepared to discuss your legal options during a free consultation. We do not charge you anything up front and there are no fees unless we recover compensation on your behalf.

We know how to prove distracted driving occurred and how to gather evidence to support your claim.

Call us today to schedule a free consultation: (877) 888-5201.

What Are The Different Types of Distractions?

Distractions for drivers generally fall into one of the three categories below. However, some distractions involve all three categories:

Visual Distractions

Visual distractions are activities that divert a driver’s eyes away from the road ahead. One of the most prevalent visual distractions is the use of electronic devices like smartphones, tablets or GPS.

Drivers who glance at their screens to read or send text messages, check emails or browse social media greatly increase the chance of a collision with another car.

Additionally, visual distractions can occur when drivers focus on things outside their vehicles, like accidents, billboards or scenic views rather than maintaining their attention on the road.

A driver who takes his or her eyes off the road, even for a few seconds, can lose control of his or her vehicle, fail to stop at a traffic signal or fail to react in time to avoid a collision. Drivers often do not realize how far their vehicles travel when they take their eyes off the road for just a few seconds.

Manual Distractions

Manual distractions involve taking one or both hands off the steering wheel, reducing a driver’s control over the vehicle.

Texting while driving is a prime example of manual distraction, as it requires manipulating a mobile device and typing messages.

Other common manual distractions include eating or drinking, adjusting the radio or music player, grooming activities like applying makeup or shaving, or reaching for objects within the vehicle. Engaging in these activities diverts attention away from the primary task of driving and significantly increases the risk of an accident.

When a driver engages in activities that require the use of his or her hands, the ability to respond quickly and effectively to changing road conditions is significantly reduced.

Cognitive Distractions

Cognitive distractions occur when a driver’s mind wanders away from the task of driving.

Daydreaming, deep conversations with passengers or being overly fatigued can all lead to cognitive distractions.

While these distractions may not involve physical actions, they impair a driver’s focus, reaction time and ability to make quick and sound decisions on the road.

Fatigue can have especially severe consequences, as drowsiness diminishes alertness and impairs cognitive function, much like alcohol.

Proving a Distracted Driver Caused the Crash

Establishing driver distraction can be challenging, but there are several ways to gather evidence and support your case when pursuing compensation for your damages.

First, it is important to get contact information from potential eyewitnesses so your attorney can interview them. Eyewitnesses may have seen the driver using his or her phone, eating or engaging in other distracting activities while operating the vehicle.

Your attorney may also be able to obtain the other driver’s phone records. Cellphone records can reveal if the driver was using his or her phone to text or make calls. These records can provide concrete evidence of distracted driving and establish a direct link between the driver’s actions and the crash.

The police report may also make mention of whether the responding law enforcement official suspects distracted driving as the cause of the accident. While the police report on its own may not be enough evidence to prove this, it can be used as supporting evidence in your case.

Crash damage can also indicate distracted driving. For example, if the other driver’s vehicle did not leave any skid marks, it may indicate distracted driving. Rear-end crashes are often a result of distracted driving. Head-on crashes may occur because the driver was not paying attention before drifting into oncoming traffic.

What Legal Options Do I Have if a Distracted Driver Hit Me?

Victims of distracted driving accidents may be able to file a claim with the other driver’s liability insurance to recover compensation for things like medical bills, lost wages and other damages.

To successfully recover the compensation needed, your attorney must be able to prove the other driver’s actions, in this case distracted driving, caused the collision that resulted in your injuries.

Therefore, you need to prove more than just the other driver being distracted. You must also successfully link your injuries to the collision. To do this, you should get immediate medical attention so the insurance company cannot blame your injuries on something besides the crash.

Need Help After a Crash? Call Us Today

If you were injured by a distracted driver who caused a collision, let our knowledgeable attorneys help.

Our lawyers have successfully recovered millions on behalf of our clients. We offer a free legal consultation to determine how we may be able to help you. There are also no upfront fees for our services, so there is no risk to you.

We know how dangerous distracted driving is and how severe the injuries from these crashes often are. We are dedicated to helping victims of these and other accidents recover maximum compensation for their injuries and damages.

Call (877) 888-5201 today to learn more.

Right-turn accidents can cause serious injuries, especially when the oncoming driver is traveling at high speed.

Victims of these crashes have the right to pursue compensation from the at-fault party who caused the collision. However, they must prove the other driver is at fault.

Do you know how fault for a Wisconsin right-turn collision should be evaluated? Our Oshkosh auto collision attorneys discuss the factors that must be considered when establishing fault for a right-turn collision.

To protect your rights, you should strongly consider consulting with an experienced attorney who can guide you through the legal process. We offer a free legal consultation, and there are no upfront fees if we take on your case.

What is a Right-Turn Crash?

Right-turn crashes are those that happen when one driver is attempting to make a right turn. These collisions often take place at intersections with traffic lights or stop signs. Right-turn crashes may also happen in parking lots.

What Are the Most Common Causes of Right-Turn Accidents?

One of the main causes of right-turn accidents at red lights is the failure of drivers to yield the right-of-way to other vehicles. Drivers are supposed to come to a full stop at the light and yield to any oncoming traffic before making the turn.

Drivers making right turns at red lights may also misjudge the speed and distance of oncoming vehicles. This can cause drivers to think they have enough time to make the turn when they clearly do not. This often results in a collision with an approaching vehicle.

Distracted driving can also be a contributing factor in right-turn accidents at red lights. Distractions such as texting, talking on the phone, adjusting the radio or engaging with passengers can divert a drivers’ attention from the road, making them unaware of the presence of other vehicles or pedestrians.

Some drivers may become impatient while waiting at a red light and attempt to make a quick right turn without adequately checking for oncoming traffic. Aggressive maneuvers, such as cutting off other vehicles or making abrupt lane changes, can also increase the risk of a collision during a right turn.

Certain environmental factors, such as obstructed views due to buildings, landscaping or parked vehicles can limit a driver’s visibility while making a right turn at a red light. Reduced visibility increases the chances of not noticing approaching vehicles.

Are Right Turns Always Legal in Wisconsin?

Most right turns are legal in Wisconsin, even if a driver is attempting a right turn at a traffic light that is red. Right turns are only illegal in the state if there is a sign posted prohibiting drivers from making right turns. For example, some signs prohibit making a right turn onto a one-way road.

How is Fault Determined After a Right-Turn Crash?

Fault for a right-turn accident depends on which driver acted negligently. Often, the driver making the right turn is at fault because he or she was required to yield and failed to do so. The driver may have failed to look at oncoming traffic or may have exercised bad judgment by trying to turn ahead of an oncoming car.

If a driver turns right where there is a sign prohibiting it and a crash occurs, that driver is likely to be held liable.

Drivers have a duty to exercise reasonable care when making right turns, including signaling intentions and checking for pedestrians or cyclists in the crosswalk. A driver who fails to do this could be liable for the potentially serious bodily injury caused to a person in the crosswalk.

When Could the Oncoming Driver Be Held Liable?

If a driver involved in a right-turn accident violates traffic laws, such as by disobeying traffic signals, he or she is most likely to be held liable for damages. This includes speeding through the intersection to either make it through the yellow light or to prevent another vehicle from making a right turn, as this is sometimes the case with aggressive drivers.

Can Drivers Share Fault For a Right-Turn Collision?

Wisconsin follows a comparative negligence system, meaning fault can be assigned to multiple parties. If both drivers involved in a right-turn accident were negligent to some extent, their percentage of fault will determine the amount of compensation they may recover.

Both drivers may be partially at fault for a right-turn crash if both failed to observe certain traffic laws, including speeding through the intersection.

Partial fault for a right-turn accident may rarely fall on a cyclist or pedestrian in the crosswalk if he or she was crossing the road when there was a “do not cross” sign flashing. Although drivers owe these individuals a higher duty of care, they are still responsible for taking reasonable precautions to avoid a collision with a vehicle.

Call Us Today For Post-Crash Legal Help

If you were injured in a right-turn accident on a Wisconsin road, call our knowledgeable attorneys today. We offer a free legal consultation and there are no upfront fees.

Even if you think you may share fault, you may still be able to recover compensation. Our attorneys are prepared to help you.

Call (877) 888-5201 to get started.

Down syndrome is a genetic disorder that affects individuals all around the world. Due to the physical and cognitive challenges these individuals face, the Social Security Administration (SSA) offers benefits specifically designed to assist those with this disability.

There are certain criteria these individuals and their families must meet prior to getting approved for SSD benefits. Below, we discuss these requirements and whether there is a way to expedite the process.

If you need assistance applying for benefits, our Green Bay Social Security Disability lawyers are prepared to help. We offer a free consultation and there are no fees while we work with you.

What Are the Medical Requirements to Prove Down Syndrome for SSD Benefits?

When applying for Social Security Disability (SSD) benefits for Down syndrome, there are specific medical requirements and criteria that need to be met for your application to be approved.

Qualifying for Non-Mosaic Down Syndrome SSD Benefits

According to the Centers for Disease Control (CDC), non-mosaic Down syndrome, also called trisomy 21, affects about 95 percent of all individuals with Down syndrome. This genetic disorder is characterized by the existence of a third copy of chromosome 21, which affects how a baby’s brain and body develop.

Individuals with a diagnosis of non-mosaic Down syndrome may automatically qualify for benefits, as it is listed in the SSA’s Blue Book. However, the SSA still requires medical evidence to prove the disability.

The SSA should accept the following documentation as evidence of non-mosaic Down syndrome:

• A karyotype test signed by a licensed medical doctor.
• An unsigned karyotype test with a statement from a licensed doctor confirming Down syndrome.
• A licensed medical doctor’s report diagnosing the individual with Down syndrome based on distinctive physical features and a prior karyotype test.

If no karyotype test was ever completed on the individual applying for benefits, the SSA will still accept a medical review from a licensed doctor. The review must detail the existence of Down syndrome by evaluating the individual’s distinctive facial features or other physical features in addition to evidence demonstrating functional capacities consistent with a non-mosaic Down syndrome diagnosis.

Qualifying for Mosaic or Translocation Down Syndrome SSD Benefits

Mosaic is the most common type of Down syndrome, but there are two other categories individuals with this genetic disorder may fall under. They are as follows:

• Mosaic Down syndrome, which occurs when only some of an individual’s chromosome 21 has three copies instead of the normal two.
• Translocation Down syndrome, which occurs when an extra part or a whole extra chromosome 21 is present but is attached or “translocated” to a different chromosome instead of being a separate chromosome 21.

The symptoms of these types of Down syndrome are less severe than the mosaic kind, so the SSA does not automatically classify them as a disability in the Blue Book. This means individuals applying for SSD benefits for these kinds of Down syndrome may have to take additional steps to prove their disability before getting approved for benefits.

However, individuals with mosaic or translocation Down syndrome may have medical conditions that automatically qualify them for benefits, including the following:

• Congenital heart defects
• Sleep-related breathing disorders
• Hearing loss
• Intellectual disabilities
• Eye diseases

When filing for SSD benefits due to mosaic or translocation Down syndrome, it may be in your best interest to discuss your options with a knowledgeable attorney.

Do Adults With Down Syndrome Qualify for SSD Benefits?

Yes, adults with Down syndrome can qualify for SSD benefits.

Some parents apply for SSD benefits for their Down syndrome children due to not being able to work full-time to take care of their child. However, there are some families that wait until their children are adults to apply for financial support.

The SSA will process an SSD application for an adult with Down syndrome in much the same way as any other application.

Can an Adult With Down Syndrome Who Works Qualify for SSD Benefits?

Adults with Down syndrome who work may still be able to receive some Social Security benefits, depending on how much they earn and how their disability affects their ability to earn a living.

There are two kinds of benefits these individuals may qualify for. The first is Supplemental Security Income (SSI), which is a government-sponsored supplemental income. The second is auxiliary SSD benefits. These could be obtained by the disabled adult child of an individual already receiving SSD benefits.

Is There a Way to Expedite the Approval Process?

The SSA has a program called Compassionate Allowances (CAL), which helps individuals with easily identifiable disabilities, like Down syndrome, to have their approval process for benefits expedited.

Even if you do submit an application through the CAL process, it is important to include supporting medical evidence to help streamline the application.

Need Help Applying for Benefits? Call Us Today

If you or a loved one are applying for SSD benefits for Down syndrome or another serious medical condition, our knowledgeable attorneys are prepared to help.

We offer a free consultation and you do not pay us anything up front, so there are no risks to you.

Call (877) 888-5201 today to learn more.

A car crash can be a life-altering experience, both physically and emotionally. Apart from the immediate pain and suffering, accident victims often face financial burdens due to medical expenses, property damage and loss of income.

In Wisconsin, there is a legal concept known as the duty to mitigate damages, which can have a significant impact on an accident victim’s pursuit of compensation.

Below, we discuss the duty to mitigate damages in personal injury cases and the reasonable expectations, responsibilities, exceptions, and potential impact on compensation.

If you were injured in an accident caused by another person’s negligence, call our Green Bay car crash attorneys today to discuss your claim. There are no upfront fees and we do not charge you anything until we recover compensation for you.

What is the Duty to Mitigate Damages?

When a person suffers an injury caused by the negligent actions of another party, he or she has the right to pursue compensation for the damages suffered. However, the right is not absolute.

Accident victims have a legal duty to take certain precautions to minimize the extent of the damages that are suffered because of negligent actions. This is the legal principle called the duty to mitigate damages.

What is a Reasonable Duty to Mitigate Damages?

It is important to note that the duty to mitigate damages extends beyond the accident and to the actions taken by the injured party after the fact. He or she is expected to take reasonable actions to prevent the exacerbation of his or her damages, such as medical expenses.

Duty to Seek Medical Attention

The most reasonable action to mitigate damages after an accident is to get appropriate medical attention.

By seeking timely medical care, accident victims can obtain accurate diagnoses, prevent further complications and start the recovery process. Failing to seek medical attention as soon as possible may hurt your claim, as it may be seen as a failure to mitigate your damages.

Getting prompt medical treatment may include being evaluated at the scene of the accident. However, not all accident victims think they need to be taken to the hospital, so they refuse medical attention. While this might hurt your claim, it does not mean you can be denied compensation. It also means you need to get to a doctor as soon as possible for a full diagnosis.

Duty to Comply With Medical Treatment

To further mitigate your damages, the insurance company may rightfully expect accident victims to comply with reasonable medical treatments. For example, attending follow-up appointments, undergoing physical therapy or taking prescribed medications.

Missing appointments or refusing to get the necessary treatment for recovery could seriously impact an accident victim’s claim for compensation.

Duty to Avoid Further Harm

Accident victims also have a duty to take reasonable steps to prevent the worsening of their injuries or incurring additional damages. For example, if a victim fails to follow medical advice and engages in an activity that worsens his or her injury it may be seen as failing to mitigate damages.

It is also important to note that incurring additional damages is not limited to the exacerbation of an injury. It also includes additional costs, like the cost of an unnecessary surgery or other medical procedure.

Are There Any Exceptions to the Duty to Mitigate Damages?

While the duty to mitigate damages generally applies, there are some exceptions where fulfilling the duty may be impractical or unreasonable. These situations include the following:

• Unavailability of medical resources – if specialized medical facilities or experts are not available in the local area, the injured victim should not be expected to travel long distances or incur significant expenses to access those resources.
• Unavoidable delays in treatment – if the injured party can demonstrate that he or she made reasonable efforts to seek treatment but faced unavoidable delays, he or she may be excused from failure to mitigate damages.
• Financial restraints – if the recommended treatment options are unaffordable or insurance does not cover them, the accident victim is not expected to incur unreasonable expenses or financial hardship to get treatment. However, reasonable efforts to find an alternative or discuss financial constraints should be sought.
• Informed decision-making – accident victims have the right to make informed decisions about their own well-being, including what treatments to undertake. For example, if a particular treatment option carries significant risks or is not suitable to the specific situation.

It is important to note that these exceptions vary depending on the specific circumstances of the case. However, accident victims should take reasonable steps to minimize their losses and prevent further harm.

Contact an Experienced Attorney Today

If you were injured in an accident and need legal help, call our lawyers today. We have decades of experience helping accident victims recover the compensation they need.

The call is free and there are no upfront fees for our services. Our attorneys work on a contingency basis, which means you do not pay us anything until we recover compensation for you.

Call (877) 888-5201 to schedule a free consultation.