Category Archives: Wisconsin Law

Attorney Dan Davis Obtains $100,000 Insurance Limits Settlement After Previous $3,000 “Final Offer”

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In this Racine, Wisconsin case, our client sustained injury after being struck in the rear by the other driver.  The insurance company tried to argue that the impact could not have caused the injuries and made a “final offer” of $3,000.  Attorney Dan Davis fought for the client and did not relent until the insurance company offered the full limits of the insurance policy, $100,000.  At Davis & Gelshenen LLP we don’t just accept the insurance company “final offer;”  we fight for our clients to obtain fair and reasonable results.

If you or someone you know has been injured in an accident, call Davis & Gelshenen LLP at 1-866-427-2121 for a free initial consultation with one of our Experienced, Trusted, and Recommended Personal Injury Attorneys. Davis & Gelshenen LLP handles cases throughout Wisconsin and Illinois and will meet with you at your home to discuss your case.

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PROPOSED NEW LAW WILL REDUCE SETTLEMENTS FOR INJURED INDIVIDUALS AND BENEFIT PEOPLE WHO CARELESSLY CAUSE INJURIES

A proposed law introduced in the Wisconsin legislature could significantly lower the amount of money people can recover in claims involving serious injury due to someone else’s negligence.

Based on current law, the recoverable damages for injuries include the total amount of medical bills that accumulated as a result of an accident. In December, Rep. Mike Kuglitsch (New Berlin) and Sen. Chris Kapenga (Delafield) introduced a bill, AB-539/SB-405 that substantively changes the current law. This bill could lower the value of claims to the amount paid by your health insurer.

If this change in the law is approved by the Legislature, the potential value of personal injury claims for medical expenses could be substantially reduced.

Because people work and spend their hard-earned money paying for medical insurance, they deserve the benefit of the coverage they buy. In return for their money and hard work, health insurers often negotiate with healthcare providers to pay less than the billed amount. What results is a discount they paid for and that they earned. The proposed legislation now under consideration will allow the person who caused the injury and his or her insurance company to now benefit from these discounts.

This legislation benefits the person who caused the injuries to the detriment of the injured party, and to the detriment of that injured party’s health insurance carrier. If enacted, this new law will take the health insurance benefits that people have worked hard to pay for and shift those benefits to the person who caused their injuries. The only way we can avoid this attack on your rights is to defeat this bill.

Below is a link that you can use to identify your state legislators (just insert your address in the box on the right side of the page). We encourage you to write, email or call your legislators in the Assembly and Senate and urge them to oppose this legislation. We have provided the suggested text below, which you can feel free to copy and include in your communication with your legislator. Also, this Bill might come up for a vote as early as February 9, so it is important for you to reach out to your legislators as soon as possible.

Please feel free to contact us if you have any questions.

http://legis.wisconsin.gov/

SUGGESTED TEXT:

I have recently become aware of a proposed new law (AB 539/SB 405 /“Collateral Source” Legislation) that could have a significant impact on the damages recoverable in Wisconsin by individuals injured by the carelessness of others.

I strongly urge you to oppose this change in Wisconsin law. The current law allows the recovery of the value of the medical bills incurred as a result of the accident. The proposed change in the law unfairly allows the wrongdoer who caused the injury to escape responsibility for these costs by introducing evidence of what the health insurer paid for medical treatment. Those reductions in payment were negotiated on behalf of the injured party and are a result of hard work and a choice by the injured party to be responsible and carry health insurance. The person who caused the injury should not be allowed to benefit from these discounts.

The proposed legislation benefits the person who caused an injury to the detriment of the injured party and to the detriment of the injured party’s health insurer. In this day of rising health care costs, this is bad public policy. I urge you to oppose this unfair legislation.

Attorney Leah Michaelson-Link Settles Case after Insurance Company Allegedly Cancelled Policy

leahIn this case, the insurance company claimed to have cancelled our client’s insurance policy just prior to the accident. After further investigation, Attorney Michaelson-Link determined that the insurance company failed to follow the SR-22 requirements to cancel the coverage as of the date of accident. Ultimately the insurance company relented, and Attorney Leah Michaelson-Link settled our client’s case for the applicable insurance policy limits.

If you have been in an accident, call Davis & Gelshenen LLP at 1-866-427-2121 for a free initial consultation with one of our Experienced, Trusted, and Recommended Personal Injury Attorneys. Davis & Gelshenen LLP handles cases throughout Wisconsin, Illinois and Ohio, and will meet with you at your home to discuss your case.

Results may vary based on specific injuries and the circumstances surrounding each individual case.  The results listed above are not a predictor of the same results in similar cases.

Attorney Dan Davis Gets Client $30,000 More Than “Final Offer”

Attorney Dan Davis received a low “final” settlement offer from an at-fault insurance company.  Rather than just accept the insurance company’s decision, Attorney Davis kept on fighting for his client.  He filed a lawsuit on behalf of his client and eventually forced the insurance company to settle the claim for $30,000 more than the original “final” offer.  The attorneys at Davis & Gelshenen work hard to fight for your rights and make sure you get what you deserve.

If you were injured in a car accident and would like a FREE CONSULTATION with Attorney Davis, call 1-866-427-2121 or email him at ddavis@dgattorneys.com.  Davis & Gelshenen always fights to get you more.

Stay Safe On Your Bicycle this Fall

Please remember to follow these cycling safety tips from Davis & Gelshenen:

  1. Have the correct bike for the terrain you’re  biking on.
  2. Make sure that when you purchase your bicycle, you get fitted appropriately.
  3. Buy the right gear.  This includes a helmet, front and back bike lights, bright or reflective clothing, comfortable shoes, bike gloves, and sunglasses.
  4. Check your bike’s tire pressure and brakes before every ride.
  5. Know the rules of the road and use turn signals.
  6. Never Drink and Ride.
  7. Never talk on a cell phone while riding.

If you have been in an accident on your bicycle as a result of someone’s negligence, contact Davis & Gelshenen for a free consultation at 866-421-2121 or email us at ddavis@dgattorneys.com.

Atty. Michaelson-Link Gets Client More Than Policy Limits

Attorney Leah Michaelson-Link’s client was a passenger in a vehicle which crossed the center line and hit another vehicle head on.  When the insurance company’s policy limits were insufficient to cover the medical bills and pain and suffering of her client, Atty. Michaelson-Link obtained a settlement from both insurance companies as well as the at fault driver, personally.  Atty. Michaelson-Link ultimately obtained a six-figure settlement for her client.

To speak with Atty. Leah Michaelson-Link regarding your case, call TOLL FREE at 1-866-427-2121 or email her at lmichaelson@dgattorneys.com.

Recent Salmonella Outbreak, Egg Recall is Largest in United States History.

After people throughout the United States experienced an outbreak of Salmonella Poisoning, the infectious bacteria has been traced back to the egg distribution company Wright County Egg of Galt.  This company distributes eggs to California, Illinois, Missouri, Colorado, Nebraska, Minnesota, Wisconsin, and Iowa under multiple brand names.  According to the Chicago Daily Herald, the outbreak may have sickened as many as 1,300 people.  Congress has subpoenaed the owner of Wright County Egg of Galt, Austin DeCoster, to testify regarding the outbreak.

Illnesses have been reported in Minnesota, California, and Wisconsin as a result of the salmonella outbreak.  Symptoms of salmonella bacteria can include fever, diarrhea, vomiting, and nausea.  It can be fatal to children, seniors, and people with weakened immune systems.  The best way for people to protect themselves from the salmonella outbreak is to either throw away or take recalled eggs back to the store.

The FDA is working to create legislation that will mandate egg producers to purchase only salmonella free chicks and have producer houses test for salmonella.  The FDA encourages consumers to take the following steps to stay safe from salmonella:

  1. Refrigerate all eggs.
  2. Make sure to use eggs within 3 weeks of purchasing them.
  3. When cooking eggs, make sure to cook until the yolk is firm (not runny).
  4. Cook all foods with egg in them thoroughly.

If you have been injured by the recent salmonella outbreak, Davis & Gelshenen can help.  Call toll free at 1-866-427-2121 for a FREE CONSULTATION with one of our experienced attorneys or email Partner John J. Gelshenen, Jr. at jgelshenen@dgattorneys.com.