Personal injury law allows an individual who was harmed because of someone else’s negligence or intentional act to seek compensation and receive damages. It is important to understand the different types of personal injury claims to be better prepared to navigate the often-complex world of personal injury law and ensure that you receive the compensation you deserve. Konstantakis Law Office covers cases dealing with car accidents, slip and falls, and pedestrian and vehicle collisions.
Car Accidents
Car accidents are one of the most common types of personal injury cases. To receive compensation for an injury obtained in a car accident, you must prove negligence, that the at-fault party failed to act with reasonable care. According to the State of Wisconsin Department of Transportation, there were 128,830 car accidents reported in 2022 alone in Wisconsin. Common issues associated with automobile accidents include:
- Driver errors: Speeding, distracted driving, driving under the influence of drugs or alcohol, drowsy driving, violating traffic laws, making illegal or unsafe turns, failing to yield, running a red light, and reckless driving can all lead to serious injuries and the driver is the at-fault party for injuries suffered in an accident. All drivers in Wisconsin must carry minimum amounts of car insurance to pay for at-fault accidents.
- Dangerous vehicles: Some accidents may be caused by mistakes made before the driver even got in the driver’s seat. Carelessly failing to maintain a roadworthy vehicle can put other drivers at risk. Defective parts may also lead to accidents due to equipment breakdowns. The owner of the vehicle, a negligent auto mechanic, or auto part manufacturer may be the responsible party for injuries suffered in accidents caused by dangerous vehicles.
- Hazardous road conditions: If the government fails to fulfill their responsibility and does not properly maintain a public road, causing it to fall into a dangerous state of disrepair, then they may be liable for damages suffered in an accident. Accidents caused by hazards such as potholes, uneven shoulders, missing guardrails, and malfunctioning traffic lights can lead to accidents where the government is the responsible party.
Slip and Fall
A slip and fall case typically falls under what is known as premises liability. A property owner has a responsibility to maintain a safe environment for the public to enter. So if you slip and fall and suffer an injury because of negligence, then the property owner is the responsible party. In Wisconsin, the property owner is not automatically responsible for your injuries simply because you fell on their land, the injured party must prove fault on the landlord or business owner. The injured party must prove that there was a duty of care and that it was breached, thus resulting in harm. Hazards that may lead to a fall can include wet floors, uneven surfaces, poor lighting, or others. A property owner or business owner have a duty of care to provide a reasonably safe environment and if they breached this duty by causing a hazardous condition, being aware of a hazard and doing nothing about it, or should have been aware of the hazardous condition, then they are liable for damages suffered in a fall due to the hazard.
If you are injured in a slip and fall, it is important to document the conditions of the property at the time of your fall. A photo of the area where you fell can show poor maintenance, thus allowing for more evidence and a greater likelihood of a successful case. It is also important to report the fall to the landlord or business owner immediately and get medical treatment immediately to ensure that your condition is addressed correctly. Contact Konstantakis Law Office today for a consultation on your case.
Pedestrian and Vehicle Collisions
According to the State of Wisconsin Department of Transportation, there were 1,324 pedestrian crashes in 2022. Both pedestrians and drivers hold a responsibility to act safely and avoid accidents. Both must be aware of their surroundings at all times and take extra precautions in times of low visibility, be ready and willing to yield the road or crosswalk even if you have the right-of-way, and limit distractions as a pedestrian and as a driver. If a pedestrian is injured in a collision and they are less than 50% liable for the accident, then they can seek damages against the driver for their injuries.
Pedestrians must:
- yield to vehicles that have the right-of-way when crossing at an undesignated intersection, unmarked crosswalk, or where there is not a walk indicator signal
- not walk in front of approaching vehicles that are too close to safely stop
- walk on the left side of the road in places where there are no sidewalks.
Drivers must:
- Watch for pedestrians when turning
- Reduce speed and follow posted speed limits in areas with many walkers, such as schools, parks, playgrounds, and residential neighborhoods.
- Yield to pedestrians crossing roads at any time, whether it is a designated intersection, marked crosswalk, has a walk signal, or not.
- Refrain from passing a vehicle stopped at an intersection or crosswalk because pedestrians may be crossing.
- Stop at least 20 feet from a bus with flashing red lights and until the lights have been turned off before commencing.
If you have been injured in a pedestrian and vehicle collision while walking along a road or crossing the street, then it is important to contact an experienced personal injury lawyer who will fight for fair compensation for your injuries.
Contact a Wisconsin Personal Injury Lawyer
If you are injured in a car accident, slip and fall, or pedestrian and vehicle collision it is essential to hire an experienced personal injury lawyer in Wisconsin. Attorney Konstantakis has over 28 years of experience. Contact us today to schedule a consultation on how to best ensure that you receive fair compensation for your injuries.
Medical Malpractice (Not covered by Konstantakis Law Office)
Medical malpractice occurs when substandard medical care provided by a healthcare provider injures a patient. Examples include surgical error, misdiagnosis, failure to diagnose a dangerous condition, improper prescription, and many other possible errors. Winning a medical malpractice case is very complex and typically involves the support of an expert medical witness. Konstantakis Law Office does not cover medical malpractice cases.
Product Liability (Not covered by Konstantakis Law Office)
Product liability cases arise when someone suffers injury from an unreasonably dangerous consumer product due to a design defect, manufacturing defect or inadequate warnings about the dangers of the product. Konstantakis Law Office does not cover product liability cases.
Workplace Accidents (Not covered by Konstantakis Law Office)
From construction sites to office buildings, from falls to machinery accidents, exposure to harmful substances, or repetitive stress injuries, workplace accidents are common. Workers’ compensation insurance covers most workplace injuries, and you do not need to prove that your employer was at fault. However, you cannot receive non-economic damages, such as pain and suffering, with workers’ compensation insurance. Konstantakis Law Office does not cover workplace accidents.
Dog Bites (Not covered by Konstantakis Law Office)
Wisconsin’s dog bite laws strictly hold the dog owners liable for any damages caused by their dog. This means that the dog owner may be held liable even if they had no reason to believe their dog was dangerous or could cause harm. Konstantakis Law Office does not cover dog bite cases.
Defamation: Libel and Slander (Not covered by Konstantakis Law Office)
Defamation including libel (written statements) and slander (spoken statements) are false statements that are presented as fact that harm the reputation of an individual. Konstantakis Law Office does not cover defamation cases.
Construction Accidents (Not covered by Konstantakis Law Office)
Construction sites can be dangerous, and negligence on the site can lead to serious injuries due to falls, machinery accidents, electrocutions, or exposure to harmful substances. Konstantakis Law Office does not cover construction accidents.
Nursing Home Abuse (Not covered by Konstantakis Law Office)
Nursing homes should be a safe place for elderly care, however in some instances elders in nursing homes are subject to physical, emotional, or even financial abuse. Konstantakis Law Office does not cover nursing home abuse.
Boating Accidents (Not covered by Konstantakis Law Office)
Operation inattention, inexperience, speeding, or alcohol use can lead to boating accidents and severe injuries. Konstantakis Law Office does not cover boating accidents.
Train Accidents (Not covered by Konstantakis Law Office)
Injuries in train accidents can occur due to collisions, derailments, or accidents at railway crossings. Konstantakis Law Office does not cover train accidents.
Aviation Accidents (Not covered by Konstantakis Law Office)
Injuries from aviation accidents can occur from commercial airline crashes, private plane accidents, or helicopter incidents. Determining liability is complex and may invovle pilot error, faulty equipment, improper maintenance, or negligence on the part of air traffic control. Konstantakis Law Office does not cover aviation accidents.
