May 9th, 2013|
May 9, 2013
The Wisconsin Court of Appeals has ruled that another state’s laws must be applied to a Wisconsin Wrongful Death Lawsuit.
The lawsuit stems from a 2009 incident that occurred in Michigan’s Hiawatha National Forest. A group of Wisconsin residents were riding snowmobiles through the forest when a person in their party collided with a rider from another group at a trail intersection. The victim suffered a massive head injury that claimed his life.
The victim’s wife filed a wrongful death suit in Wisconsin against the members of the other group, alleging they were negligent in how they operated their snow machines on the day of the incident. Since the accident occurred in Michigan, the plaintiff moved that Michigan’s wrongful death statute should be utilized in the case.
Wisconsin’s wrongful death statute establishes a $350,000 limit on loss of companionship damages, whereas Michigan’s statute does not establish any such limit.
The State Bar of Wisconsin explained that the County Circuit Court ruled that Wisconsin law should be utilized. However, an appeals court panel ruled that Wisconsin law only applies to deaths that occur within the state. The panel went on to explain Wisconsin law allows for other state regulations to be applied though if they establish damages and remedies, which the Michigan Wrongful Death statute was deemed to do.
The Appleton Personal Injury Attorneys with Sigman, Janssen, Stack, Sewall & Pitz are hopeful a decision in the case brings closure to the family of the victim.
February 21st, 2013|
Feb. 21, 2013
The family of a 65-year-old woman killed due to nursing home negligence has settled a Wisconsin Wrongful Death lawsuit filed in connection to the incident, but hundreds of other patients face similar cases of neglect and abuse each year. A story from the Wisconsin Center for Investigative Journalism discussed the problem and what actions victims and their families can take if an incident of abuse or neglect takes place.
In March 2008, the female victim was checked into a nursing home in Mayville, Wisconsin. The woman suffered from hypotension that caused her to lose her balance and become dizzy when she attempted to stand on her own.
Four days after check in, the woman hit a call button that went unanswered. When she attempted to stand and walk on her own, she fell and hit her head. The impact of the blow left the woman with serious injuries and resulted in her death.
The family filed a wrongful death lawsuit alleging that the facility had acted negligently in not responding to the call button in a timely manner. They claimed that this directly resulted in the woman’s death.
The Wisconsin Personal Injury Lawyers at the law firm of Sigman, Janssen, Stack, Sewall & Pitz understand how devastating the loss of a loved one due to another’s negligence can be, and they hope the settlement will bring a sense of closure to the family of the victim.
December 13th, 2012|
Dec. 13, 2012
Earlier this week a jury was selected for a Wisconsin wrongful death case. According to an article from WQOW 18 News, the case stems from an accident that claimed the life of a 22-year-old student from University of Wisconsin-Stout.
Court documents show that the incident occurred during the early morning hours of Sept. 23, 2010, outside of a bar in Menomonie, Wisconsin. Witnesses stated that the victim was leaving the bar on a bicycle after getting into an argument with two individuals inside the bar. Those two men then followed the victim outside and pushed his bike over as he rode away.
The push caused the victim to crash the bicycle. He suffered a traumatic brain injury as a result of hitting his head on a curb. The young man was rushed to a local hospital, but died several days later.
The parents of the victim later filed a Wrongful Death lawsuit against both of the perpetrators, claiming that the young man’s death was the direct result of their negligent behavior. The parents are seeking an unspecified amount of compensation for damages and other losses, such as funeral and medical expenses and pain and suffering.
The Appleton Personal Injury Lawyers with Sigman, Janssen, Stack, Sewall & Pitz understand the hardships that a sudden loss of a loved one can bring, and are hopeful a decision in the case will help bring some closure to the family of the victim.