Many view personal injury claims as simple and straightforward.

Amery, WI -- (ReleaseWire) -- 07/20/2020 -- They may not fully recognize the wide variety of personal injury cases that can occur, who the responsible parties may include, and the importance of hiring the right personal injury lawyer. Before you consider the next step in choosing a Minneota, Wisconsin personal injury lawyer, consider the following factors.

Personal Injury Claims Can be Far-Reaching
Personal injury claims can involve far more than just auto accidents or a slip and fall. They can include an accident at work, in a store, a product-related injury, an assault, or even an injury on a neighbors property. While some may be reluctant against filing a claim against an individual, it is important to note that the majority of claims are filed against insurance companies, not store or property owners.

Finding Responsible Parties
A personal injury claim may involve more than one responsible party and an experienced personal injury lawyer like Amery Law will understand this. Let's take an example of a pedestrian who gets injured while crossing a road in a crosswalk. Initially, it may appear the driver is at fault, but in what condition were the car's brakes or tires? Was the crosswalk clearly marked or lit? Was the speed limit too high for the area or the traffic signals not timed properly. In this one seemingly simple example, potentially responsible parties could include the driver, automobile repair shop, parts or tire manufacturer, or city or state responsible for maintaining the intersection. At Amery Law, we look at all potentially responsible parties to maximize your potential for justice.

Experience Counts
If you've experienced an injury because of the potential negligence of someone else, it can change your life forever. Even what may initially seem like simple soreness or stiffness in the back or neck following an injury can lead to months or years of treatment and degradation of the quality of your life. Amery Law understands the importance of getting health and legal assistance as soon as possible. Assessing your injuries and the potential of a viable personal injury claim is critical.

Contact Amery Law
Amery Law has established a tradition of integrity, professionalism, and strong client relationships. We are a client-driven law firm that focuses our strategies on the needs of our clients. When you contact Amery Law, you'll get a personal injury lawyer to provide honest, no-nonsense advice about your legal matter so that you may make informed decisions. Contact us today.

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After losing their teenaged son in a fatal drunk driving accident in Minneapolis, family members may be able to recover compensation through dram shop liability. This legal concept allows survivors to pursue bars and restaurants for their role in serving an obviously intoxicated person.

Amery, WI -- (ReleaseWire) -- 03/24/2020 -- Minnesotans were treated to warmer temperatures and sunny conditions on March 20, 2020, leading one teenager to enjoy an early spring bike ride in the suburbs north of Minneapolis. His outdoor jaunt turned tragic, however, when he was struck head-on and killed by a drunk driver. According to a Twin Cities Pioneer Press article, the male suspect was arrested at the scene and transported to the Anoka County Jail, where he remains in custody on charges of criminal vehicular homicide.

The Pioneer Press article pointed out that a GoFundMe campaign had been started by representatives of the 16-year-old boy's family. They seek amounts to cover many different types of losses, including the medical and funeral costs for the victim. In addition, the boy's mother and father have been forced to take time off work because of personal reasons and the COVID-19 virus. The GoFundMe page also requests amounts for these losses. Still, any proceeds from the online effort will do little to ease the pain and grief the family members suffer.

Erik M. Bergmanis, personal injury and wrongful death attorney at Novitzke Gust Sempfe Whitley & Bergmanis in Minneapolis, mentioned another possibility for recovering compensation. "Minnesota has enacted dram shop laws that may apply in this case. Surviving family members may pursue the bar or restaurant that continued to serve an obviously intoxicated person, or any establishment that violates alcohol-related regulations."

Mr. Bergmanis noted that the family might be able to obtain monetary damages for their losses at the passing of their son. Through a wrongful death claim based on dram shop liability, it is possible to recover for their pain, suffering, emotional anguish, and more. He added that "Dram shop is probably the preferred option, as compared to seeking damages from the drunk driver. The victim's parents could be eligible to recover compensation in the hundreds of thousands of dollars, which this man probably doesn't have. The tavern that served him likely has deeper pockets and would be in a better position to satisfy a judgment."

In a dram shop case involving a drunk driving accident, an injured victim or surviving family members must prove that the alcohol vendor sold alcohol to an obviously intoxicated person. They must also show that the sale of alcohol led to the driver's intoxication, which caused the collision. Plus, Minnesota's statute of limitations applies in these cases, so claimants must file a lawsuit in court within two years after the incident.

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An attacker was convicted after fatally beating a man in a deadly bar fight, but the family may have legal options beyond the criminal process. Through a wrongful death case based upon negligent security, survivors may be able to recover compensation for their losses.

Amery, WI -- (ReleaseWire) -- 03/24/2020 -- A tragic story that started with a bar fight between romantic rivals has ended in a first-degree manslaughter conviction for a Minnesota man. In a January 16, 2020 article, the Minneapolis Star-Tribune provided some details on what led to the fatal altercation between the two men. According to witness testimony, the aggressor approached the victim and tossed a beer bottle at him. Moments later, the assailant dragged the decedent out of the tavern, where a fight ensued. The victim suffered brain hemorrhage, fractures to the face and skull, and a detached retina. He died two days after the incident.

The victim's family has certainly gained some closure through the culmination of the criminal justice process. However, there are other consequences that result from his passing. Fortunately, survivors have legal options in civil court to recover monetary damages through a wrongful death action. This type of lawsuit compensates family members for the losses they sustain from after their loved one's death.

Erik M. Bergmanis, personal injury and wrongful death attorney at Novitzke Gust Sempfe Whitley & Bergmanis in Minneapolis, explained how these cases work. "Essentially, a wrongful death claim is like a personal injury matter, except that the victim died instead of just being hurt. The statute allows the surviving spouse, children, or other relatives to request that the court appoint a trustee to file the case. These people stand in the shoes of the deceased individual."

Because wrongful death cases are grounded in personal injury legal concepts, it is possible to pursue the offender for intentional conduct. He was already convicted for manslaughter, so the result of the criminal case offers strong support for a civil lawsuit. Often, the problem is with collecting monetary damages, since the monetary damages for losses in a wrongful death case can reach into the millions.

Mr. Bergmanis noted that there may be another party that the victim's family can pursue for compensation. "Aside from intentional misconduct, there may be negligent acts that contribute to the person's death. In this case, the bar could be liable for negligence under the theory of inadequate security."

In a Minnesota negligent or inadequate security case, a type of premises liability action, the focus is on the property owner's duty to keep the space safe. The family of the decedent may succeed with a wrongful death claim if they can show that the bar owner failed to install cameras, hire security guards, or otherwise prevented the fatal assault from occurring.

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As winter approaches, drivers in Minnesota should understand the risks of driving in inclement weather.

Amery, WI -- (ReleaseWire) -- 11/08/2019 -- According to a recent report from CBS Minnesota, the first weekend in November was an extremely icy one. As a result, more than 100 motor vehicle crashes occurred on Minnesota roads. On that first Saturday of the month, an overnight mix of rain and snow led to particularly hazardous driving conditions. Indeed, the report indicated the numerous car crashes occurred first thing in the morning. As the weekend continued, dozens more collisions happened across the state.

High ramps and bridges tend to be the areas that are most prone to dangerous icy conditions. In some situations, drivers may not even realize that the roads are icy. Accordingly, drivers do not always slow down and make smart driving choices based on the road conditions. Before the weekend was over, the Minnesota State Patrol reported a total of 118 motor vehicle collisions. In those crashes, at least 18 people suffered injuries.

While drivers cannot control inclement weather or icy conditions on Minnesota roads, they can take precautions. To be sure, Minnesota negligence laws require motorists to behave as a reasonable driver would under similar conditions. Every motorist in the state owes a duty of care to others on the roads. That duty of care requires motorists to behave as a reasonable person would in a similar situation. When Minnesota roads are icy, a reasonable person likely would drive more slowly to prevent an accident. Safe driving in good weather may not be the same as safe driving after a wintry mix. As such, if a driver in Minnesota fails to drive safely with icy conditions, that motorist may be negligent.

According to Minnesota personal injury attorney Erik M. Bergmanis, driving safely means paying attention to road conditions and adjusting accordingly. As Bergmanis explained, "personal injury laws require drivers to behave as a reasonable person would under the conditions." Accordingly, Bergmanis emphasized, "motorists may be liable for injuries in an inclement weather accident."

As weather in Minnesota and Wisconsin worsens as winter approaches, drivers should understand their responsibilities. Inclement weather may pose greater accident risks than sunny summer weather, but drivers need to adjust to the conditions. As the first weekend in November underscores, winter storms can make highway conditions more dangerous across the state. Drivers should slow down and take precautions after a wintry mix causes icy road conditions.

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A wrong-way driver caused the deadliest car accident in recent Minnesota history, according to an NBC News report.

Amery, WI -- (ReleaseWire) -- 09/12/2019 -- The crash occurred in Eyota, which is located 85 miles southeast of the Twin Cities and east of Rochester, Minnesota. The collision caused the deaths of six different people, including an 11-year-old child. The accident happened in the early hours of a Friday morning earlier this month. While the collision only involved two vehicles, Minnesota State Patrol officers emphasized the severity of the crash. Indeed, law enforcement officials described it as the deadliest accident in the state since 2010.

The collision occurred just after 1:30 a.m. on Interstate 90. The wrong-way driver in a 2008 Ford Focus crashed into a 2005 Chrysler Sebring. Each of the vehicles contained three occupants, and all of the people involved in the accident died. Minnesota State Patrol officers indicated that a majority, if not all, of the occupants were not wearing seatbelts. Officers did not know whether the 11-year-old car accident victim had been wearing a seatbelt. The head-on crash caused one of the vehicles to start on fire. While the collision remains under investigation, officials are seeking to determine how the wrong-way vehicle entered Interstate 90. Investigators also plan to establish whether either driver was intoxicated at the time of the crash.

A 26-year-old male victim drove the Sebring, which contained a 47-year-old and 23-year-old passenger. A 54-year-old woman drove the Ford Focus, a vehicle that contained a 29-year-old woman passenger and the 11-year-old child. The occupants in the Ford Focus resided in Wisconsin, while the Sebring occupants lived in Minnesota.

According to Minnesota personal injury and wrongful death attorney Erik M. Bergmanis, wrong-way accidents often are deadly. Bergmanis also emphasized the importance of seeking legal representation after being involved in a wrong-way or head-on crash. As he explained, "although liability might seem obvious, comparative fault can play a role in limiting a plaintiff's recovery." Indeed, "while wrong-way drivers often are responsible for crashes, other drivers also may have been negligent in some capacity."

The National Transportation Safety Board (NTSB) identifies wrong-way collisions as some of the most serious types of crashes on highways. In most wrong-way accident cases, driver impairment is a major factor. While alcohol impairment frequently can cause wrong-way collisions, impairment from fatigue also can occur. The recent accident south of Minneapolis highlights the severity of wrong-way crashes on highways. Indeed, these crashes often are deadly given that vehicles travel at high speeds on Interstate 90 and other highways.

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A tragic car accident killed the wife and daughter of a University of Wisconsin assistant basketball coach recently.

Amery, WI -- (ReleaseWire) -- 06/19/2019 -- According to a WISN 12 report, the accident occurred on an early Saturday morning in Ann Arbor, Michigan. The assistant coach, his wife, their 13-year-old son, 9-year-old daughter, and family dog were all in the vehicle when they were struck head-on by a driver going the wrong way. The coach and his son are the only ones to survive the crash.

Deadly Head-On Collisions

"Wrong-way, head-on collisions are one of the most potentially deadly types of collisions," states Wisconsin car accident attorney Erik M. Bergmanis of Novitzke, Gust, Sempf, Whitley & Bergmanis, Attorneys at Law. "They can occur when someone is in an unfamiliar area or when engaged in dangerous driving behaviors such as distracted driving or driving under the influence." A female driver is identified as being responsible for the accident. Police are continuing to investigate the matter and have not disclosed whether criminal charges will be filed against her.

The Federal Highway Administration (FHWA) reports that head-on crashes represent only one percent of all car accidents which occur on U.S. roads each year.

However, they are more likely to be fatal and kill as many as 400 or more people each year. Highway design and proper traffic signage play a role in preventing these collisions, as does enforcing proper speed limits. "Speeding is one of the factors that make head-on car accidents so dangerous," says Bergmanis. "Drivers approaching from the opposite direction may not notice a wrong-way driver until it is too late and high rates of speed only increase the severity of the impact."

In these situations, the at-fault driver can be held responsible for the damages victims suffer. These are likely to include funeral expenses, outstanding medical costs, future losses in income and earnings, along with compensation for the pain and suffering caused by the accident. "A case such as this is devastating for everyone involved," says Bergmanis. "While no amount of money can make up for the loss of your loved ones, a claim against the at fault driver can provide a sense of justice for survivors."

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