Category Archives: Wisconsin Law

Atty. Michaelson-Link Fights for Client – Gets Additional $50,000

Attorney Leah Michaelson-Link’s client was rear ended and sustained neck and back injuries in Racine, Wisconsin.   Her client’s treatment resulted in almost $25,000 in medical costs.   The insurance company only offered $15,000 to settle the case.

Atty. Michaelson-Link refused the offer and filed suit on the case, pushing the insurance company to up their offer from $15,000 to $65,000.00.  Atty. Michaelson-Link’s tough stance with the insurance company earned her client an additional $50,000 dollars, a 75% increase from their initial offer.

Have you been in a car accident?  Insurance companies will always try to give you less than you deserve.  In this case, the insurance company tried to get out of covering even the basic medical costs of our injured client.  Call Davis & Gelshenen at (866) 427-2121 for a free consultation on your case.  We always fight to get you more money and a fair settlement.

Wisconsin Gets Tough on Drunk Driving

According to a 2009 study by the United States Department of Health and Human Services, Wisconsin leads the nation in drunk driving incidents.  The Wisconsin Department of Transportation, reported that there were more than 44,000 drunk driving convictions in Wisconsin just last year.

2009 Wisconsin Act 100 , which took effect on July 1, 2010, is the Wisconsin Legislature’s latest attempt to eliminate drunk driving in Wisconsin.  The new law targets repeat offenders, and provides for more opportunities for treatment of alcohol abuse.

The new law also includes the following provisions:

  1. Ignition Interlocks will be required for all repeat offenders and first time offenders who have had a blood alcohol content (BAC) of over 0.15.  These devices make it impossible for cars to start if a person has any alcohol in their breath content.
  2. 4th time repeat offenses will now be treated as felonies if they are within 5 years of the previous offense.
  3. The new law allows judges to offer less jail time to offenders who choose and succeed in alcohol rehabilitation, thereby making treatment of alcoholism more accessible to Wisconsin’s long term drunk driving issues.
  4. 1st Offense DUIs will now be categorized as misdemeanors if a child under 16 years of age is present in the vehicle.
  5. Increased criminal charges and license reinstatement charges.

For more information on the problem of drunk driving in Wisconsin, check out the Milwaukee Journal Sentinel’s special report called Wasted in Wisconsin.  For additional information on the new OWI law, visit the State Bar’s Wisconsin Lawyer article by Andrew Mishlove & Lauren Stuckert.

Oprah Winfrey’s No Phone Zone Campaign

Distracted Driving has become a hot new topic with the advent of cell phone technology, most specifically with the dangers of texting while driving. Oprah Winfrey has joined forces with the U.S. Department of Transportation, GHSA, the National Highway Traffic Safety Administration, FocusDriven, a non-profit group combating the problem, and SADD (Students Against Destructive Decisions) to combat Destructive Driving.  Oprah has started a No Phone Zone campaign, serving as a Public Service Announcement to discuss the dangers of Distracted Driving.  Click here to pledge not to use your cell phone while driving and join Oprah’s No Phone Zone Campaign to encourage safe driving.

Summer Safety – Road Trips

Summer is the season for sunny getaways.  Every summer, people take to the road with friends and family.  Before you pack up the car and head out, here are some safety tips from Davis & Gelshenen to make sure your road trip goes along without a hitch:

1. Pack Light

SUV’s and minivans have a tendency to be top heavy.  While it may be tempting to strap some more gear to the top of your SUV, remember that added weight on top increases your vehicle’s chances of rolling over.  No matter what kind of vehicle you own, packing excessive weight to the rear or top of the vehicle impairs the steering and changes your stopping distance ability.

When loading up your car, make sure that your rear window visibility is not impaired. The driver’s ability to see out all windows is crucial to vehicle safety.  This safety step also prevents cargo from falling onto passengers in the event of a sudden stop or accident.

2. Vehicle Maintenance

Making sure that your vehicle is ready for the road is an important step in making sure you make it to your destination safely.  Don’t get on the road without making sure that your maintenance is up to date.

This includes checking your car battery, brake pads, oil and coolant.  Consult with your local automotive shop to clarify that your tires are in good condition and don’t leave home without a tire gauge, jack, and lug wrench in your vehicle.

3. Child Safety

See our earlier post about Child Safety Seating to get comprehensive and up to date information on making sure kids are safe on your trip.

4. Driver Safety

Distracted driving has become a hot issue with the expansion of cell phone technology.  Make sure that the driver on your Road Trip is not distracted with text messaging, phone conversations, and other portable electronic devices such as GPS, laptops, and video screens.

Passengers should take over the use of these gadgets.  If you are driving solo, pull over to the side of the road if it is imperative you use the device.

If neither of these are an option, make sure to use bluetooth enabled headsets to minimize hand-held electronic distraction.

5. Staying Alert

Driver fatigue is most commonly encountered on long road trips.  Fatigue can cause delayed reaction time, veering of your vehicle, and misjudging of traffic signals and situations.

Make sure to follow these helpful tips to prevent driver fatigue:

  • Schedule regular breaks throughout your trip. Try to take breaks every two hours on the road.
  • Don’t work a full day before taking your road trip.
  • Don’t drink alcohol the night before driving.
  • Share driving responsibilities.
  • Avoid driving during regular sleeping hours.

Following these simple steps will ensure you reach your destination safely.  Not having to worry about breakdowns or accidents will make your summer road trip exciting, fun, and stress free   Taking some time out for precautions is the best way to protect yourself and your family this summer.

(Photo Credit- Zachary Tewalthomas 2009)

Texting While Driving now Illegal in Wisconsin

Governor Jim Doyle recently signed a bill into law enforcing penalties to drivers who text while driving.  The fines are similar to those applied for inattentive driving, with fines ranging from $20.00 to $400.00.  The law takes effect December 1, 2010.

The texting-while-driving ban falls under the primary enforcement category, which means that police officers can ticket drivers for texting while driving, without any other provocation, such as traffic infractions.

Atty. Gelshenen Fights For Child Hit By SUV

A little boy in Beloit, Wisconsin was hit by a SUV.  The SUV driver told the child’s mother that he did not have automobile liability insurance.  She called Atty. John Gelshenen.  He and his team at Davis & Gelshenen investigated the accident and discovered a liability insurance policy that provided coverage for the boy’s injuries.

Attorney Gelshenen forced the insurance company to pay the full policy limits and settled the case.  The little boy will receive  $227,777.17 to cover his medical bills and pain and suffering.

Davis & Gelshenen investigates your claim and gets you results.  Call Atty. John Gelshenen toll free at 1-866-427-2121 for a FREE CONSULTATION.  You can also email him at jgelshenen@dgattorneys.com.

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What To Do After an Accident


A car accident can be a very traumatic event.  Stress and injuries may affect your ability to think clearly.  How you react to the accident and the information that you obtain can be a criticial element in your case.

After an accident:

  • Be careful. If you are in severe pain, wait for paramedics to arrive to assess your injuries.
  • Speak with other drivers and witnesses involved to obtain names, addresses and telephone numbers.
  • Make sure that you acquire each driver’s automobile insurance information including the name of the person insured on the vehicle, the company’s name and telephone number if known.
  • Contact the police to make an immediate report of the accident and remain at the scene until after an officer arrives.
  • Cooperate with the police in preparing an accident report.
  • After the accident, photograph the exterior and interior of the vehicles involved in the accident.
  • Do not fill out any insurance documents, releases or provide recorded statements without first consulting with a lawyer.
  • If injured, consult with a physician.

If you or a family member is injured in an accident, contact your attorney immediately to ensure your rights are protected.  Contact Davis & Gelshenen, LLP at (866) 427-2121 or ddavis@dgattorneys.com for more information or with questions concerning your rights in an accident.

The Truth About Wisconsin Personal Injury Attorneys and Tort Reform

We often hear about how our legal system is congested with trivial lawsuits.  The Wisconsin Association for Justice debunked this myth recently in their article The Truth About Trial Attorneys.

In reviewing the 2006 Wisconsin Court Filings, the Wisconsin Association for Justice found that divorce, foreclosures of mortgages, money judgments, and paternity suits led in court proceedings.  Research also fount that out of the less than 5,000 filings for personal injury lawsuits, the majority were filed due to insurance carriers’ denial of fair settlement for injuries.

Out of these personal injury cases, only 13 were medical malpractice clams.   While frivolous malpractice suits are consistently blamed for rising healthcare costs, The Wisconsin Association for Justice cites a 2006 Congressional Budget Office Paper, which found that “malpractice costs amounted to less than 2 percent of overall health care spending.”

Davis & Gelshenen Expands into Illinois

Davis & Gelshenen LLP has expanded to Illinois and is now available to serve the needs of Illinois residents and those injured in Illinois.

The firm has a new office in Rockford, Illinois at the following location:

6957 Olde Creek Rd., Suite 2300

Rockford, IL 61114

(815) 963-6100

Lawyers are also available to assist clients throughout the Lake County and Chicago metro area.