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Personal Injury Law Insights

Getting the compensation you’re owed means getting educated

The first step is the hardest. When you’re injured in an accident, you must act quickly. Jumping into action in a complex realm of legalese and multilayered procedure can turn disastrous if you try tackling it on your own.

Janesville attorney Steve Caya provides industry info and insights to equip you with the knowledge you need to tackle a personal injury lawsuit. Get him on your side and get the compensation you’re owed.

Shoulder pain after an accident needs to be taken seriously. Whether the pain appears immediately or is delayed, the message is the same: something is wrong with your shoulder.The shoulder joint involves three bones, multiple soft tissues, and has the largest range of motion of any joint in the body. This complexity makes the shoulder more vulnerable to injury in a motor vehicle collision or slip and fall accident.If your accident was caused by someone else’s negligence, you have the right to seek compensation for your shoulder injury and associated pain. Unless your shoulder pain is very mild...
After a car accident, dealing with your insurance company, the other driver’s insurer, medical care and missed work can quickly get overwhelming. Fortunately, deciding whether or not to get a lawyer to handle your car insurance claim is fairly straightforward.In these four situations, having an attorney on your side can be more than worth it:First things first: if you have any sort of injury from the accident, get it checked out by a doctor. In the first hours after the crash, shock and adrenaline can keep you from feeling how badly you’re actually injured. If there’s any chance you’ve sustain...
In some personal injury cases an accident victim is entitled to sue for loss of enjoyment of life. Loss of enjoyment damages are part of overall compensation for pain and suffering, not a standalone cause of action. Specifically, loss of enjoyment of life focuses on the long-term implications of the injuries.A financial recovery for loss of enjoyment compensates victims for things like:Typically loss of enjoyment of life damages are awarded in severe injury claims involving paralysis, brain damage, disfigurement and so on.Determining the worth of loss of enjoyment isn’t as straightforward as a...
Accidents cause harm beyond property damage and physical injury. Victims can also lose relationships and the benefits relationships provide, like companionship and assistance.Wisconsin personal injury law provides opportunities for accident victims to claim financial compensation for all their losses, including loss of consortium. Family members of accident victims can also file a claim for loss of consortium when the accident ended their ability to participate in a meaningful relationship with the victim.Loss of consortium is the damage suffered in relationships between spouses or family memb...
It’s hard enough dealing with injuries and medical treatments after a motor vehicle collision. Don’t let the accident ruin your financial life too.When injuries resulting from negligence require medical care, victims are entitled to seek full compensation for the costs – including any treatment you may need after your claim is settled.The more serious your injuries, the more is at stake. Partnering with an experienced personal injury lawyer greatly improves your chances of getting the maximum settlement you deserve under Wisconsin state law.In a typical case, the driver found to be at fault fo...
When you’re injured because of someone else’s mistake, the physical and financial harm can turn your life upside down. Whether it was a careless driver who caused a car crash or a negligent property owner who failed to maintain a safe premises, the effects are the same. You now have serious injuries, a crushing financial burden and are forced to miss work without pay.Wisconsin personal injury law allows you to claim financial compensation for losses caused by your injuries, including your lost wages and lost earning potential.In the context of a personal injury claim, lost wages means the mone...
The legal definition of emotional distress is:“a highly unpleasant emotional reaction (as anguish, humiliation or fury) which results from another’s conduct and for which damages may be sought”1Wisconsin law allows different types of emotional distress claims:Intentional infliction of emotional distress (IIED) is also called “the tort of outrage.” This law gives individuals the right to sue if they can prove another person’s extreme and outrageous behavior intentionally caused their severe emotional distress.Negligent infliction of emotional distress (NIED) applies to witnesses of an accident ...
When you’ve been injured in a car accident, it’s important to understand how exactly state law applies in your situation. Both the at-fault driver and victim have legal obligations to fulfill. Wisconsin car accident laws directly affect injured victims' car accident claims and how much compensation they can recover.How long you have to report a crash & notify your insurerHow fault is determined & how it affects your settlementMinimum requirements & uninsured driver claimsHow the law affects the claims process & financial compensationTypes of damages & how much the law lets you claimHow long yo...
If you have a personal injury claim in Wisconsin, you may be entitled to damages for pain and suffering.Pain and suffering damages are also called “non-economic damages” since it’s not as easy to assign a dollar amount (unlike to medical expenses & property damage which usually have a clear value).For minor injuries, it may not be worth pursuing pain and suffering damages in your claim. For serious injuries from an accident that had a big impact on your life, pain and suffering damages could be very much worth fighting for.Steve Caya is an award-winning personal injury lawyer with decades of e...
Shock is a serious condition that requires medical attention.Don't dismiss stomach pain after a collision - these signs point to serious injury.Seat belts are one of the leading causes of abdominal injuries from a crash.Internal bleeding symptoms can be delayed - know what to look for.Why symptoms might not appear until days after the crash.Types & symptoms of internal injuries.A missed period could be due to stress - or something more serious.Important steps to protect your financial future.After an auto accident, adrenaline courses through your body. One side effect of this is that internal ...
Find out if you're entitled to compensation, and who should be named in the lawsuit.You can still sue, even if your whiplash injury or accident is deemed minor or low-impact.Unlike a bone fracture, an X-Ray can't prove you have whiplash. Here's what you can do protect the value of your claim.Going it alone is an option, but is it the right choice in your case?Every case is different, so there is no 'average whiplash settlement.' Find out what factors in to the final sum, and see examples of settlements we've obtained.Whiplash is a type of neck injury commonly caused by rear end car accidents. ...
The stress of dealing with the aftermath of an auto accident is enough to bring on a headache, but headaches that persist, or get worse, could be a sign of serious brain injury and shouldn’t be dismissed.Headaches that start after an accident are known as post-traumatic headaches because they occur after a traumatic event. Surprisingly, the severity of the accident doesn’t correlate to the severity of the headache. Even a fender bender or low-speed rear end collision can cause a post-traumatic headache.Post-traumatic headaches are typically caused by a blow to the head or violent shaking of th...
Will your insurance company pay your claim if someone cuts you off, swerves into your lane, or otherwise causes you to crash without ever touching your vehicle? There’s no clear-cut answer to this question. It all depends on the circumstances of the accident. Cases involving damage to only one vehicle/driver are particularly difficult when the at-fault driver is never identified. Read on to learn more about these types of accidents and how we can help.Also known as no-collision accidents, these are accidents in which only one car or driver is damaged or injured. Most of these accidents are con...
An overview of Wisconsin's law on dog bite injuries.Wisconsin imposes a time limit on filing an injury claim.Understand the factors that influence a lawsuit's timeline.Why representing yourself is not a good idea.A look at the variables that influence settlements.For most dog owners, their pets are more than just companions. They’re part of their family. Unfortunately, dogs sometimes attack people and other pets. The injuries they inflict can range from mild to life threatening, and in particularly tragic cases, the attack can even result in death.Whether it was due to provocation or some inst...
Get an overview of what's involved in filing a car accident lawsuit in Wisconsin.Understand what you can do to lay the groundwork for a lawsuit.You have a limited amount of time to file a claim - don't wait too long.Get the facts on why injury lawsuits take so long to get resolved.Why the do-it-yourself approach is NOT a good idea.A look at what goes into calculating pain and suffering awards.An auto accident disrupts virtually every aspect of your life. In a best case scenario, you’re without a car for weeks, possibly months, and if your car was totaled you’re without a car completely.Being w...
Start with this 3-minute primer on the Wisconsin laws affecting motorcycle accident lawsuits to find out if you’ve got a case.5 basic steps you can’t afford to skip – including the things you should do immediately to build a strong case.Time is money – don’t miss out on your chance to claim compensation.Which factors affect the duration of your case, and why you should RUN from "quick fix" promises.A look at average settlement amounts, examples, and how to calculate fair compensation.Do you really need a lawyer after a motorcycle accident? How the DIY approach will likely affect your claim.Eve...
Gather the details of the case, get the basics on Wisconsin law and figure out if a lawsuit is a possibility.There is no fixed amount to expect, but a few factors contribute most to your potential settlement amount.Typical injuries from a slip and fall include knee, back, head & tailbone injuries.Here's how to file a lawsuit - from reporting the accident all the way to contacting a personal injury lawyer.The window of time you have to file a lawsuit - keep in mind the sooner you act, the better.You can legally file a slip and fall lawsuit yourself - but it's not a great idea.A slip and fall ac...
Some family members and representatives are eligible to sue for a wrongful death in Wisconsin.The time you have to file a wrongful death claim in the state of Wisconsin.How much you can sue for in a wrongful death lawsuit in Wisconsin.Typical wrongful death settlements range from 6 to 7 figures.Steps you need to take to sue, and how to prove wrongful death.Wrongful death lawsuits can take time, but the payoff is worth the wait with the right representation.An online calculator can't account for the quality of your legal representation.Losing a family member is never easy, especially in cases w...
Sure, the car accident didn’t seem all that bad – you survived. No broken bones, nothing torn, no gruesome wounds or visible catastrophic trauma. At the time? No major injuries. But how would you classify delayed pain in the upper back or neck marring your day-to-day life, lingering for months or even years? How many times have you had to say no because you’ve got that back thing? Or jarring headaches ruining your concentration?The incremental decline of your overall health nagging and piling on every day is a major injury. You suffered whiplash because of a car accident and you DO have the po...
I was thinking this weekend how much I miss riding my motorcycle. I have not ridden in months and with the winter we are having, it may be some time before I can get back on my bike.As a motorcycle accident victim and motorcycle accident injury lawyer I'm keenly aware of the need to stay sharp and stay safe on every ride. Even though I haven't ridden in months, I've been working on maintaining my riding skills over the winter WITHOUT EVEN RIDING MY BIKE!  How am I doing this?When I first obtained my motorcycle endorsement, I had just completed the Rider’s Edge Safety course through my local Ha...
If you’re in pain after a motorcycle accident & escape a major injury your first impulse might be to shake it off and move on. But too often "minor" injuries from motorcycle accidents linger for years compounding into long-term pain and suffering. Motorcycle accident lawyer Steve Caya has experience on both sides: as an injured rider, and as a personal injury attorney fighting to win just compensation for injured motorcyclists in Wisconsin.After a motorcycle accident it’s crucial to keep a level head. The more information you’re able to take away from the scene of the accident, the better. The...
If you or someone you know suffers biker’s arm in a motorcycle accident as the result of negligence or recklessness, you deserve compensation for your injury.Biker’s arm, also called rider’s arm, is a common injury from a motorcycle accident.Biker’s arm is caused by nerve damage to the main nerves of the upper arm: the median nerve, radial nerve and ulnar nerve.In severe cases, biker’s arm can result in long-term or permanent paralysis of the arm, and/or loss of sensation in the injured area.In most cases, biker’s arm happens when a motorcycle lands on top of the rider’s arm during a motorcycl...
Wisconsin is known for becoming a frozen wonderland every winter. While the snow covered landscape can be beautiful, it also means conditions are prime for dangerously icy roads, sidewalks and parking lots. Head injuries, hip fractures, back injuries, dislocated shoulders and sprains are all common injuries caused by slipping and falling. If you were injured after a slip and fall on ice in Wisconsin, here’s what to do next:Keep in mind, there's a time limit to sue for a slip and fall. Don't wait to get the compensation you deserve.Here's everything you need to know about filing a slip and fall...
You may be powerless to avoid a deer crash, but you can act now to learn your rights for compensation. Motorcycle accidents with deer, moose, dogs or other animals are all too common in Wisconsin, and can easily cause serious injury or death.You can follow the rules of the road, obey the speed limit, wear a helmet and still wind up hitting a deer. Wisconsin tort law says the at-fault party in an accident (and their insurance company) pays for damages.It wasn’t your fault for hitting a deer - but you can’t blame the deer either. So who pays for the medical bills and other damages?Depending on y...
According to the American Veterinary Medical Association more than 800,000 Americans receive medical attention for dog bites every year. Of these individuals, children are by far the most common victim and often are the most likely to be severely injured.Most dog bites occur when interacting with familiar dogs, either a family pet, or a pet at a friend, neighbor or relatives home. These incidents occur most frequently during the summer season when families tend to spend more time outside with pets. So how can you protect yourself and your children from dog bites this summer?Here are some simpl...
In 2012, Michigan replaced a universal motorcycle helmet law by passing a partial mandatory motorcycle helmet law. The new law only required helmets for drivers under 21 that still had a learner’s permit and had been driving for less than two years. Unlike the partial helmet law, universal helmet laws require mandatory helmets for all motorcycle riders. Michigan was the latest of several states to lower the standard for helmet laws across the country.However, as motorcycle injuries continue to play a major role in traffic-related deaths, experts look to reverse the trend. A Michigan State stud...
According to the National Safety Council, an estimated 38,300 people were killed in car accidents in 2015, with another 4.4 million left injured. In 2016, 18 individuals died in Janesville traffic accidents alone. Of the people who were killed last year, distracted driving behaviors were reported as the number one cause for car accidents.Transportation and research innovation expert, Peter Sweatman, explains how the increase in distracted driving incidents may be due to the fact that humans are not wired to effectively monitor tasks such as driving a car. To help address this problem, many aut...
On December 2nd of 2015, two Tennessee buses engaged in a major collision that killed 2 young girls and an aspiring teacher. It was later discovered that James Davenport, one of the bus drivers, had sent and received several texts leading up to the collision. While this story is certainly tragic, it is not a stand-alone incident. A recent study showed that nine Americans are killed every day from distracted driving car accidents, that include behaviors such as using a smartphones, texting while driving, and eating.Car accident lawyer Steve Caya helps you get the compensation you deserve when y...
According to a study by carinsurance.com, Wisconsin ranks as the fourth most dangerous state for drunk driving. The study looks at multiple factors causing drunk driving including: level of alcohol consumption, severity of DUI laws, cost per drunk driving fatality and number of DUI arrests. The overall findings of the study show that North Dakota had the worst combination for drunk driving and, despite efforts to curb drunk driving, Wisconsin ranked as the fourth worst state for drunk driving, putting residents at a very high risk of a drunk driving accident. Some of the factors that lead Wisc...
According to statistics provided by the Kids and Cars foundation, the most prominent cause of death for children involved with non-traffic related car accidents is being backed over by a vehicle. A new campaign created in collaboration with the California Kids’ Plates program aims to decrease these deaths and the total number of non-traffic related car accidents by promoting vehicle safety on and off the road. By educating parents about ways to talk to kids about car safety, the initiative helps spread awareness about the possible risks of non-traffic related accidents.  To keep your children ...
The winter season is ending and warmer weather lays ahead which means bikers across Wisconsin are preparing to get their bikes back on the road. As you dust off your seats and tune up your bikes, now is also a good time to sharpen up on some key bike safety tips to protect yourself on the road.  Although wearing a helmet remains a necessity, there are several other equally important safety tips to keep in mind as you get back on the road. To keep the roads as safe as possible remember these important bike safety tips.Following these tips in addition to wearing your helmet can greatly decrease ...
In recent years, speed limits across the country have been on the rise. The fastest speed limits in the country can be found in Texas where many major roads now have an 85-mph speed limit.As traffic-related deaths continue to rise, some officials argue increased speed limits only add to the growing danger on the roads. Since major budget cuts have limited the number of patrol cars available to enforce already high speed limits, drivers are less likely to consistently adhere to safe speeds on the road. Traffic safety advisors continue to cite excessive speed on the roads as a key factor in many...
Despite increased initiatives and efforts to curb traffic-related deaths, recent statistics released by the National Security Council estimate 40,200 people died in traffic related deaths in 2016. The newly released statistics show a 7 percent increase from 2015 and mark the second consecutive year in which traffic-related deaths have increased.New technologies have enhanced vehicle safety dramatically over the years and stricter traffic laws have been passed nation-wide. However, traffic-related deaths continue to climb. As officials look towards finding a solution, some safety advocates poin...
Trucking accidents, often resulting from fatigued drivers, make up a significant portion of all traffic related accidents each year. On average, there are 4,000 large truck related fatalities each year and the regulations put into place to combat those accidents have been largely debated. Last month, congress rolled back a 2013 requirement that mandated truck drivers take two consecutive rest periods between the hours of 1am and 5am before they can start a new workweek. The 2013 “1-5” requirement was an addition to the Hours of Service rule that states a truck driver must take a 34 hour off-du...
As the year comes to a close, an increase in the total number of all traffic related deaths in 2016 reveals a grim trend in driving safety across the nation. Last week, the Associated Press reported the number of pedestrian deaths in Minnesota for 2016 reached a 25-year high. Experts in Minnesota claim distractions fueled by new technologies such as mobile apps and games provide heightened dangers for both pedestrians and drivers. As the number of distractions increase, both drivers and pedestrians lose awareness of their surroundings and have decreased attention capacities, creating a deadly ...
Distracted driving continues to be a serious public safety risk. According to the National Safety Council (NSC), approximately 26 percent of auto accidents that occur in the United States involve cellphone use as one possible factor leading up to the crash. The rates of cellphone-related accidents are very high because at any given moment, nine percent of drivers on the road are using their mobile devices. It is important to note that these motorists can be held accountable for the collisions they cause and Steve Caya, a skilled Janesville car accident lawyer, should be consulted by collision ...
Passengers riding in the back seat of a vehicle are dependent upon drivers to be safe and follow the rules of driving to try to avoid collisions. If a car is involved in a crash, those backseat passengers can be hurt or even killed.In such situations, a knowledgeable car accident attorney can help passengers and their families. Since these passengers did not have control over their own safety, they can pursue a claim against the driver of the car they were riding in if that motorist caused the collision to happen. If another driver caused the crash, backseat passengers could take legal action ...
Individuals who are hurt in accidents or the family members of those killed in collisions can pursue damage claims to recover for their losses. Steve Caya, a Janesville car accident injury lawyer, can help victims make their claims for compensation when crash losses happen.  Unfortunately, many more people are facing tragic consequences as a result of traffic accidents. After decades of decline, auto accident fatality rates are rising sharply.RISING TRAFFIC DEATHS IS CAUSE FOR CONCERNCar and Driver reported on the troubling increase in motor vehicle collisions that has been occurring. Between ...
Throughout the United States, speed limits are going up. Within the past three years, five states have raised the speed limits on interstates to 80 miles per hour or more. In one state, the maximum speed limit is actually 85 MPH now. In states that have not yet jumped on the bandwagon of increasing speed limits, there is a lot of pressure on politicians to join the trend and let motorists go faster.Unfortunately, as Wired points out, raising speed limits can be extremely dangerous. Why? More crashes can occur and those crashes are more likely to be serious when cars are going at higher speeds....
Driving safety laws are often broken, especially if people think that they can get away with things like speeding or impaired driving. Unfortunately, police cannot stop everyone, so motorists often think they can engage in unsafe behavior without consequences. The more people are subjected to dangerous risks on the road, and the less often they are pulled over by police, the greater the threat to road safety. When people break safety rules and cause crashes, victims should consult with Janesville auto accident lawyer Steve Caya to pursue claims for damages against these unsafe drivers.The Wash...