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HAUSMANN-MCNALLY URGES DRIVERS TO: WATCH OUT FOR MOTORCYCLISTS

With summer comes the joy of getting the cycle out of storage, bringing out the leathers and hitting the road for another motorcycling season. Hausmann-McNally lawyers and staff have been riding for decades and want to urge all of our clients and their families to keep an extra eye out for motorcyclists and safely share the roads with them.

Hausmann-McNally, over its 40 + years in practice, has seen the tragedy of many a serious motorcycle accident and would like to offer some sobering statistics and suggestions for a safe motorcycling season.

THE FACTS: According to the U.S. Department of Transportation’s National Highway Traffic Safety Administration:

• Motorcyclists are 25 times more likely to experience a deadly accident on the road than those in passenger cars. • In 2006, 88,000 motorcyclists were injured in highway accidents alone. • In 2006, 4,810 motorcyclists were killed in road accidents. • 11 percent of all roadway accidents that occur in the United States involve motorcycles. • Head injury is the leading cause of death in motorcycle crashes. • A motorcyclist not wearing a helmet is 40 percent more likely to die of a head injury than one who wears a helmet. • A motorcyclist not wearing a helmet is 15 percent more likely to suffer a nonfatal injury than one who wears a helmet. • It is estimated that helmets reduce the likelihood of a crash fatality by 37 percent. • In 2007, a total of 7.1 million motorcycles were registered in the U.S.

A 2009 Insurance Institute for Highway Safety’s Highway Loss Data Institute report found that:

• More than half of motorcyclist deaths involved at least one other vehicle. • 42 percent of two-vehicle fatal motorcycle crashes involved a vehicle turning left while the motorcycle was going straight, passing, or overtaking the vehicle.

These statistics make it crucial for all drivers to properly yield to cyclists who have the right-of-way before making left turns and to keep a watchful eye out for motorcyclists, which are often less conspicuous and visible than larger passenger vehicles.

The potential affects of a motorcycle accident are far reaching. Here at Hausmann-McNally, we have seen far too many clients severely debilitated due to motorcycle accidents. In an effort to reduce motorcycle accidents and the injuries resulting from them, Hausmann-McNally urges motorcyclists to follow these five steps to avoid and minimize motorcycle accidents.

5 Tips to Avoid and Minimize Motorcycle Accidents, suggested by Charles Hausmann, President of Hausmann-McNally and long time motorcycle rider.

1. Take a motorcycle safety course. A safety course can benefit even the most skilled motorcyclist. The Motorcyclist Safety Foundation offers 2 courses (one for new motorcyclists and one for experienced motorcyclists) in close to 1,500 locations throughout the United States. Motorcyclists should know how to safely ride and how to react in an accident situation.

2. Constantly observe your surroundings. Motorcycles are simply harder to see than passenger cars. Therefore, you should consistently scan your surroundings for possible dangers-protect yourself-watchout for unsafe automobile drivers who may put you in danger. Tips: • Rid yourself of distractions; e.g. cell phones, mp3 players, etc. • Keep a good distance between you and other motorists. • Do not stare straight ahead of you; constantly check your mirrors.

3. Hand positions matter. Intersections are where the most accidents happen. Be fully prepared for a stop, place your hands over both your front and rear brakes when you are approaching a stop; this will allow you to brake as quickly as possible if necessary.

4. Your position on the road matters Position yourself closer to the side of the road you are on. If you are in the right lane, position yourself closer to the right shoulder; if you are in the left lane, position yourself closer to the left shoulder. This will allow you more room to avoid an accident or debris in the roadway without potentially hitting another motorist.

5. Wear the proper gear. According to the NHTSA, wearing a helmet can reduce your risk of head related injuries by 69 percent and your risk of death due to head injury by 42 percent. Your helmet should be a full-coverage helmet with a visor; this means it should cover your chin, eyes, and nose. Put simply, your face and head should be completely covered by protective materials. Additionally, you should wear protective boots with gripping soles, gloves, and either protective pants and a jacket or a protective full bodysuit.

As a personal injury law firm with offices in 6 states, Hausmann-McNally has worked with many victims of violent motorcycle crashes. We have had to fight for clients who can’t go to work anymore because of serious bodily and brain injuries. The staff at Hausmann-McNally understands that bikers do not want to give up their life’s passion so we urge all motorists to “Watch out for Motorcyclists” and for all motorcyclists to ride safely and follow the five steps outlined in this article for a safe riding season. Go out and ride safely and enjoy the freedom of the road!

#Charles Hausmann #Hausmann McNally #Motorcycle Accidents #Motorcycle Safety #personal injury attorneys

'Another Failed War, the War on Drugs' says Charles Hausmann

When it comes to illegal drugs in America, there simply aren’t any winners.

Drug users place themselves and their families into a deathly spiral of economic and psychological misery. They ruin their health in many cases, debase themselves by stealing, selling off their family and friend’s possessions for the next hit and even turn to murder to sustain the habit. Their families’ cry for help resounds on TV talk shows, in therapists’ offices and all through our communities.

Dope dealers live a double life of secrecy and paranoia that many times leads them to a life behind bars or death at the hands of a rival.

Luckily, we have a solution. Or do we?

The American government and its taxpayers have spent hundreds of billions of dollars fighting this 500-pound gorilla that it, in all likelihood, cannot ever fully defeat.

The “war on drugs” has been a staple of the American justice system since the Nixon administration. Since then, the United States has spent one trillion dollars fighting drugs.

That’s 1,000,000,000,000 with a “T”.

Statewide, the numbers are just as sobering. In 2002, the State of Wisconsin spent $180 million fighting Marijuana alone.

Nationwide, the federal government spends roughly $500 a second fighting drugs. The Obama administration has made cuts to defense, healthcare and education. Why not start trimming this ineffective use of our money?

Whether you believe drugs are an abhorrent evil, a personal choice or both, most people agree we are allotting too many resources to pursuing, prosecuting and locking up drug offenders. We are not getting the benefits that justify the costs. Leaders, even the “law and order” hard liners, need to recognize that the “solution” isn’t working.

Because of America’s focus on domestic drug enforcement, other countries have had to absorb the dealings of the drug cartels. In Afghanistan, “poppy” fields fuel the world’s heroin addiction, as well as fund the Taliban’s efforts to kill American soldiers.

Mexico has been thrust into a quasi civil war due to the cartels running marijuana and cocaine into the country. We ought to at least discuss bringing the drug trade into our legitimate economy and regulate and tax it accordingly. Mexico and the government of Afghanistan have enough trouble without having to combat America’s drug addiction.

The United States considers itself the leader of the free world. We have to make the tough decisions that other countries have the luxury of avoiding.

It’s time we take the lead in fixing the very thing we created: The War on Drugs.

In upcoming articles, I will explore the economic, social and racial components of drug enforcement. I think you will find that our drug policy needs rebooting.

Charles Hausmann President, Hausmann & McNally Law Offices

#Charles Hausmann #war on drugs #economy

Three steps for truckers after an accident

Take Action To Protect Your Interests. There’s nothing small about truck accidents. From the damage caused to the mammoth machines themselves, everything about semi-truck collisions is big, including the consequences of a lawsuit.

If in an accident, truckers need to act responsibly and wisely. Common wisdom tells you to see to your own safety and that of anyone else involved in the accident. Do what you can to make sure your truck is out of the way to prevent more accidents and immediately alert authorities.

Beyond the safety issues, there are some crucial steps that you need to take in order to protect your assets and your livelihood. These are offered by Hausmann-McNally, a law firm with nearly 40 years experience in helping truckers protect their rights.

These steps will pay off dividends in the long run. 1 – Take pictures of your truck, the vehicles involved, property damage, all visible injuries and any signs or other mitigating factors that could have had an effect on the accident. This is crucial to any successful litigation if you are looking to try to recover damages or defend yourself in court.

2 – You will need to write down a lot of information. Make sure to have a pen and paper on you. First and foremost, you will have to exchange insurance information with the other vehicle as well as obtain the names and contact info of the other driver(s) and any witnesses.

It is also advisable to make a note of the road signs and conditions. For instance, what was the weather like? Did the rain make the road slippery, or was the visibility too low because of the fog? It is very important you write down this information.

3 – When you get home or the next time you’re near a phone, get in touch with your attorney. Like it was stated earlier, there is oftentimes big money consequences for insurance companies when it comes to accidents involving trucks, so it is in the insurance company’s (of the other driver) interest to get you to make self-incriminating remarks via a recorded statement.

Keep in mind, driving safely can prevent accidents and the need to deal with lawyers and insurance companies. A 2006 study from the Federal Motor Carrier Safety Administration revealed that only 65 percent of truck drivers wear a seat belt, despite the high risk of a fatal accident.

In that same year, 805 drivers and occupants of large trucks died in an accident. Of that number, nearly half were not wearing a seatbelt, according to the FMCSA. Sometimes, however, serious accidents are unavoidable for truck drivers due to erratic driving by others. In this case especially, the Hausmann-McNally must-dos after a crash are particularly important.

The attorneys at Hausmann-McNally know how to deal with insurance companies. We have handled hundreds of truck cases in the past, and you can be assured we will get you the best possible outcome for your case.

Hausmann-McNally’s staff will work with health care providers and insurance companies so you can focus on getting better and getting your life back in order after your accident. For truck drivers, accidents are typically more serious than for those with cars.

If you make your livelihood off of 18-wheelers, semis and tractor-trailers, we know that taking months off to deal with an accident is not a good option. Let Hausmann-McNally go to work for you. If you get in a truck accident, please don’t hesitate to call 800-227-6699 for free advice and counseling.

#trucker accident #Hausmann-McNally #Charles Hausmann #Trucker's Rights #18-wheeler accident

Hausmann-McNally gets huge settlement for denied insurance coverage

It’s hard to believe insurance companies can be so short-sighted at times. The lawyers who work for the corporations have got to know some of the policies enacted by the companies are in a legal gray area.

That’s why it’s important to have lawyers fighting for your rights like the experienced personal injury attorneys at Hausmann-McNally S.C. In some cases, having a lawyer can be the difference between a client gaining tens of thousands of dollars and filing for bankruptcy because of medical bills.

One recent Hausmann-McNally client found this out firsthand. Our client sustained serious neck and back injuries when he was cut off by a left-turning car that pulled in front of him.

After the accident, the client and his wife applied for health insurance hoping the insurance company would help pay for his medical bills. Our client was completely upfront about his injuries to the insurance company and, despite the serious nature of his upcoming treatment, the company decided to take him on as a customer.

Our client was charged $1,000 a month for his insurance, not cheap by any means. Somewhere along the line, however, the health insurance company decided they did not like this arrangement with our client. The company inexplicably revoked all medical payments it made to our client’s doctors and hospital.

The health insurer claimed that our client did not inform the company about his pre-existing injuries when he signed up for coverage. This was not accurate. Hausmann-McNally took the health insurer to court, and after medical bills were paid, our client was awarded $50,000 in “bad faith” compensation because the insurer broke its contract.

The Hausmann-McNally attorney said that the insurance company’s actions were “unheard of,” and that he had never before seen an insurance company withdraw payment to a hospital.

“Our client paid good, hard-earned money for his insurance,” Hausmann-McNally declared. “For this insurance company to try and pull a stunt like that was outrageous.”

This $50,000 was on top of the $100,000 our client had already received from the offender’s auto insurance company. Had the victim not hired Hausmann-McNally S.C., he could have actually lost out on money he was entitled to.

That is why if you have been in an accident, you should call the Law offices of Hausmann-McNally at 800-227-6699 for a free consultation. Our staff is friendly, professional and ready to answer any and all questions.

#Charles Hausmann #Hausmann McNally #Insurance Case

Hausmann-McNally Attorney Wins $820,000 For Injured Girl

Anatomy of a Personal Injury Law Case

Experienced personal injury attorneys are very creative people when it comes to helping accident victims receive compensation for their losses and injuries. The good ones don't take "no" for an answer. They are bird dogs when it comes to finding sources to help pay for victims’ injuries and losses.

By pursuing all aspects of a case that was racking up huge medical bills for a five-year-old girl’s family, Indiana Attorney Rod Tucker managed to help them recover financially from a serious automobile accident and, after two years of legal proceedings, come out with a positive result.

Rod Tucker is a seasoned attorney who manages the Indianapolis office for Hausmann-McNally, S.C., a personal injury law firm.

In June 2008, the girl was riding in the back seat and her father was in the front seat as her uncle drove on a rural Indiana road. Their car was going through a four-way intersection where three of the corners were open fields and the fourth was the site of a house with fencing, trees and shrubs. As they went into the intersection, their car was rammed by a car from the right. Both cars flew into a field. The girl’s father was injured, but it was apparent that his daughter was critically injured. Her head and leg injuries were so severe that she was airlifted to Riley Hospital for Children in Indianapolis. At the hospital, doctors induced a coma that kept her "asleep" for 55 days while they did what they could to heal her brain and legs. Treatment included risky brain surgery and numerous other therapies. Although he was injured himself, her father never left his daughter’s side in those 55 days.

Tucker said it at first appeared that there was not enough insurance money to cover the expensive treatment which had already cost over a half million dollars. The insurance of the cars involved in the accident amounted to $170,000. In the interest of his clients, he set to work to find and sue the parties that shared responsibility.

Tucker investigated the site and found that the stop sign was located 20 feet back from the corner and that the county had never ordered the property owners to maintain a clear line of sight for motorists at the intersection. Tucker asked, and Clinton County agreed in mediation, to pay $300,000 because of the poor design and maintenance of that rural intersection. In order to maximize the benefit to his client, Tucker further convinced the hospital that treated the girl to significantly reduce the medical bill so that the girl and her family would go home with a substantial amount to help with her care into the future.

In mediation proceedings in December 2010, Tucker asked for and received $350,000 from the homeowner’s insurance because, by creating their privacy landscape, the home owners were responsible for obstructing the visibility at the intersection.

After being presented a case that seemed to have insufficient insurance, Tucker got five parties to share the expenses for the injuries and loss suffered by the little girl. After a two-years of legal proceedings, she will receive approximately $400,000 in payments over the course of her lifetime.

Tucker, who teaches several law classes at nearby universities, tells his personal injury law students, "the easy cases are when there are lots of injuries and lots of money." The hard ones, he says, “are those situations where there are severe injuries, a lot of potential for compensation, but insufficient insurance and assets and it appears that nobody wants to pay.” This was one of those cases. Early on, the insufficient insurance seemed to sentence the family to bankruptcy or a life of paying off huge medical bills. The services of a skilled and dedicated attorney helped shift the picture to a rosier one for the girl and her family.

The little girl, now seven, is still receiving physical therapy for her leg injuries. The brace on her right leg may be part of her life for a long time. Doctors continue to monitor her for delayed symptoms related to the brain injuries. Nonetheless, her family is grateful to have her with them. And grateful that the medical bills have not bankrupted them. The settlement achieved by Hausmann-McNally helps ensure their daughter a brighter future than was originally thought possible.

The attorneys at Hausmann-McNally know that one of the foundations of the firm’s success is that they work relentlessly to ferret out the ways to get compensation for their clients.

There is never a totally happy ending to a story that begins with a tragic accident, but in these unfortunate circumstances, it illustrates many facets of the services provided by personal injury attorneys.

Effective management of the legal case and subsequent negotiations with the medical providers mean that, for this client, there will be enough money for a college education or lump sum payouts that will enable her to have a more secure future.

If you have been injured in an automobile, truck or mototcycle accident that was not your fault, do not hesitate to call Hausmann-McNally, S.C., 1-800-227-6699 to get the advice you need.

#Indianapolis Personal Injury #Personal Injury Attorney #Rod Tucker #Car accident #Hausmann McNally

Value of The Expert Witness

Hausmann-McNally, S.C. personal injury attorneys often hire expert witnesses to give their evaluation of a situation—especially when the causes and effects of an incident are being debated in court. These expert witnesses are often able to swing a law case one way or another.

In traffic accidents, police reports often document who is at fault. In other types of cases the personal injury attorney must first establish the malfeasance, neglect or negligence of a third party.

In our experience, insurance companies try to minimize the injuries and consequences, using all sorts of tactics. Often they claim that a pre-existing condition was responsible for the client’s pain and loss. They bring in their own experts and responsible law firms have to counteract them. So we often hire doctors and other medical experts to testify as to extent, causes and effects of the client’s injuries.

In one case, we represented a tool-and-die maker who suffered hand injuries in an accident that was not his fault. Initially, it was felt that his damage wasn’t that bad, but after a medical expert pointed out he had to abandon his lucrative profession, the picture changed. A vocational expert was called in to determine what kind of training he needed to begin a new profession, now that his hand was damaged. An economic expert proved useful in calculating the amount of money the client lost over the course of his working life because of his new situation. With the help of these experts, Hausmann-McNally asked for, and obtained, a larger settlement for the client.

Because civil law is able only to “punish” by assessing money damages, judges and juries need specific numbers, facts and projections to help them determine how much money to award an injured party.

In over 35 years fighting for clients’ rights in personal injury cases, Hausmann-McNally, S.C. has learned some critical facts about retaining expert witnesses.

The witness has to be a real expert, one with deep knowledge and passion about the subject. This is not a business for amateurs as the opposing attorneys will tear them to shreds in court if they don’t know their stuff. The expert witnesses are going to be cross-examined in great detail they have to be able to show how they came to their conclusion, show their methodology as well as say when and how they arrived at their decisions. Ideally, their testimony should be so convincing and credible that the opposing attorney will only say, “No further questions, your honor.”

Personal injury law firms have to take the time to interview the prospective expert witness. Although you can contact “experts” via the Web, we have learned there is nothing more important than meeting the individual face to face. We need to make sure the person is personable, articulate, keeps a cool head under close questioning and, most of all, gives a clear, credible explanation for the point(s) we want to make with the jury or judge.

Expert witnesses often come with a high price tag. Hausmann-McNally has made it a policy to hire the most qualified people when necessary. This is a point to consider when hiring a law firm. Some firms simply do not have the resources to hire quality expert witnesses.

The best witnesses are not involved in the case other than to give their testimony. Certainly the firm seeks the best expertise to bolster a client’s case, but we expect the expert witness to evaluate the situation as he or she sees it. A jury or judge would be able to tell if there was something fishy about the testimony. And because expert witnesses have nothing but their reputations to “sell,” they have to be as professional as the attorneys in the case.

Some areas that Hausmann-McNally has retained expert witnesses in areas include:

car safety

crash worthiness

ladders

appliances

building construction and safety

premise security

accident reconstruction

speed and braking distance

seat belts

economists

life care planners

vocational experts

As we become more involved in inadequate security cases , we learned from security experts who were able to demonstrate in court that proper security is a complex process that takes constant monitoring. In one bar shooting case, defendants claimed they had adequate security in their tavern. But they hired people who lacked training or aptitude (as evidenced by the guard shooting one of the patrons in the parking lot). The expert witness retained by Hausmann-McNally helped convince the court that this tavern’s “security” was not adequate or professional. Our client was awarded a $1.7 million judgment in that case.

There are other examples where we learned much from these people who specialize in details of engineering, safety, economic loss, construction, and psychology.

It takes time and money to interview experts, and we are diligent in vetting their credentials and checking their references. We have found that the right experts with the right knowledge can be a huge asset in a court of law. Although expensive, we find they are worth every penny.

Charles Hausmann President Hausmann-McNally, S.C.

#Expert Witnesses #Hausmann-McNally #Personal Injury Attorney #Insurance cases

WI Supreme Court Asked to Provide Lawyers for Poor in Civil Cases

The Wisconsin Supreme Court has been asked to adopt a rule that would provide free legal services to poor people in some civil cases.

While public defenders are often provided to the indigent in criminal cases, this is a dramatic change for people who cannot afford to hire lawyers to represent them in serious civil lawsuits.

The rule is only a proposal at this point. If the court agrees, it would require free legal representation to protect poor litigants’ rights to “basic human needs,” the Milwaukee Journal Sentinel reported on Sept . 29.

The proposed rule reads:

Where a civil litigant is indigent (defined as below 200% of the federal poverty guidelines), the court shall provide counsel at public expense where the assistance of counsel is needed to protect the litigant's rights to basic human needs, including sustenance, shelter, clothing, heat, medical care, safety and child custody and placement. In making the determination as to whether the assistance of counsel is needed, the court may consider the personal characteristics of the litigant, such as age, mental capacity, education, and knowledge of the law and of legal proceedings, and the complexity of the case.

Legal Action of Wisconsin, which represents people who typically can't afford their own lawyer in civil proceedings, presented a petition signed by about 1,300 people to the court on Sept 30.

Seven judges, 274 lawyers, and two court commissioners signed the petition.

The idea has reportedly been circulating for years. One big advantage to providing professional assistance to the poor is that it would help cure the problem of people stumbling through the legal system acting as their own attorneys. Their success rate is understandably below par, not surprising when people try to tackle the complexities of representing themselves in a court case.

In a 2006 resolution, the American Bar Association endorsed a right to a lawyer in civil cases when basic human needs are at stake. The proposal is known as a “Civil Gideon” after a rule for the U.S. Supreme Court case that found a right to counsel for defendants facing possible jail time.

The proposal would not provide a free lawyer for someone suing in a personal injury action, privacy or free speech or other kind of proceeding over something that does not involve the indigent party's essential needs.

It would not apply in personal injury cases (such as auto, motorcycle and truck accidents and wrongful deaths) because those cases are generally taken on by attorneys on a contingency basis. Clients do not have to pay anything until and unless the attorney wins the case for them.

Advocates for the so-called Civil Gideon rule - it is named after the plaintiff in the landmark U.S. Supreme Court case that established the right to an appointed lawyer for criminal defendants - say it's not just to help poor people thrust into complex court actions. Many such people now go forward on their own without lawyers, and that slows down and complicates court proceedings. It's inefficient and also puts many judges in the precarious ethical position of trying to assist the unrepresented party without really acting as counsel.

Of course, there is the cost to consider. By one estimate, it would cost anywhere from $50 million to $80 million a year to enact the rule.

If the Supreme Court accepts the petition, it would then solicit comments and set an administrative conference to discuss whether to adopt the rule. The process could take several months.

#hausmann mcnally #wisconsin supreme court #civil cases #Civil Gideon Rule

Texting and Cell Phones Contribute to Highway Accidents

The evidence is clear. Cell phones can be lethal weapons if used inappropriately. According to a study conducted by Virginia Tech Transportation Institute, drivers who send text messages while driving are 23 times more likely to be in a crash, or a near-crash event, than nondistracted drivers. The Virginia Tech study mounted cameras inside drivers’ vehicles and studied where their eyes were looking as they did various things. The study examined the behavior of truck drivers covering more than 6 million miles of road. The numbers showed that tasks that took people’s eyes off the road caused the greatest amount of danger. In crashes or near-crashes, texting took a driver’s focus away from the road for an average of 4.6 seconds—enough time, the report points out, to travel the length of football field at 55 mph. Merely talking on a cell phone, which allows drivers to keep eyes on the road, represented an increased risk of 1.3 times that of the nondistracted driver. The chart, offered on the VirginiaTech Transportation Web site tells the story: If you have been the victim in an accident where the driver was distracted, inattentive, texting while driving, too tired to drive safely or drunk, you should be aware that you are entitled to compensation for your losses and injuries.The personal injury attorneys at Hausmann-McNally, S.C. know the law and investigate thoroughly to determine whether the guilty party was acting in an irresponsible manner.

Related Article: New data from Virginia Tech Transportation Institute provides insight into cell phone use and driving distraction -Virginia Tech

#Charles Hausmann #Texting & Driving #Personal Injury #Hausmann-McNally

The Police Can’t Do It Alone- Businesses Have To Do Their Part says Attorney Charles Hausmann

MILWAUKEE, WI- Every week I read stories about shootings at bars and gas stations, beatings in business parking lots, sexual assaults in apartment buildings and a variety of violent actions perpetrated upon our citizenry. Try as they may the police cannot be everywhere and be the sole solution to the surge of violence and assaults that permeate our society. We live in an era of insecurity where citizens are clamoring for and demanding security. We are willing to wait through long lines at airports to be screened by the TSA and demand that our government increase the efficiency and effectiveness of the no fly list. There is a national debate about the security of our borders and the dangers of criminal elements illegally entering our country. While all these security issues make national headlines we as citizens are much more likely to be killed on the streets of our cities, assaulted in a neighborhood grocery store parking lot, beaten in our local bar or mugged at an ATM machine making a cash withdrawal than harmed by an international terrorist. Recently our firm, Hausmann-McNally, S.C., has taken up the cause of premises security and has successfully resolved cases where individuals were unnecessarily harmed as a result of inadequate and insufficient security at local businesses. In an effort to assist local businesses in planning and instituting proper security to protect their patrons and visitors, Attorney Charles J. Hausmann of Hausmann-McNally, S.C. in conjunction with security consultant Jon C. Paul, CPP (Board Certified in Security Management) developed a security checklist and outline to assist business owners meet their security responsibilities to keep their patrons as safe as the premises reasonably permit. Businesses should consider the following suggestions as a good start in helping to keep patrons safe in these turbulent-violent times, Attorney Charles J. Hausmann recommends: • Businesses should partake of a formalized security assessment process, to identify reasonably foreseeable threats and risks and serve as the basis for determining reasonable security measures – one of the methods for determining the types of problems that can be reasonably anticipated at any particular place of business is a review of security-related problems and criminal offenses reported both at the specific place in question and in the immediate geographic area surrounding the place of business. • Business premises should be properly maintained and kept in good general repair to provide an inviting environment for legitimate patrons and to discourage opportunities for criminal or inappropriate behaviors- in too many situations premises remain unkempt, have unsecured trash areas and excess liter, have non-functioning lighting, and generally create and allow an environment suitable for criminal and inappropriate behaviors. • The business premise should have adequate and sufficient lighting, to provide an area bright enough to deter criminal or inappropriate activity, to make accurate observations and identifications, and/or to facilitate appropriate use of surveillance cameras- premises should have adequate lighting so that criminals cannot lurk in darkness and lighting should be bright enough that security cameras will create images that will be useful in making identifications of criminal actors. • Video surveillance equipment should be properly utilized to assure that all premise areas are covered by cameras, to assure that cameras are routinely monitored by employees so they can quickly and accurately detect criminal or inappropriate activity in order to provide appropriate and timely response, and to assure that cameras and monitoring equipment are highly visible to serve as a deterrent to criminal or inappropriate activity. • Appropriate signage should be prominently displayed to advise patrons and others of the kinds of behaviors that will not be tolerated, to publish the security measures in place to serve as a deterrent to criminal or inappropriate activity and to warn of the penalties for engaging in criminal or inappropriate activity on the business premises. • Security personnel should be adequately screened, trained, supervised and deployed to serve as a visible deterrent, to provide appropriate, timely and efficient response to problems which may occur and to provide a source of credible information to police officers who respond to problems. There is no single measure or strategy that in and of itself provides adequate and significant security. Rather, it is a comprehensive and integrated security plan that identifies threats and risks and employs a variety of countermeasures and strategies commensurate with those threats and risks that are needed to create an environment that does not invite criminal or inappropriate activities. Business owners who advertise, invite and solicit customers and patrons to visit their place of business and spend their hard earned money have a responsibility to know the dangers and threats of the neighborhood and their premises to adequately and appropriately provide security to protect their patrons from reasonably anticipated risks of harm.

#Hausmann-McNally #Charles Hausmann #Jon C. Paul #personal injury #Unsafe Premise #Milwaukee

Fire Trap Rentals Targeted

Hausmann-McNally, S.C., a premier Milwaukee personal injury law firm, has investigated or represented clients who have suffered serious losses and injuries in fires, and also the survivors of people lost in fires. What is clear to the firm’s attorneys is that that much pain and loss could have been prevented. Some rental properties are fire traps because landlords and property managers do not make the effort to maintain their properties adequately. There are lists of precautions tenants should take to ensure they are not inviting fire, but there are also things beyond their control. Property owners need to adequately maintain the property and keep all electrical and heating systems up to code and maintain the appliances and smoke detectors they furnish. If they do not, and there is injury and loss due to fire, survivors can sue. Landlords also need to take care in who gets into the building. Intruders, guests, even other tenants can cause damage. If the landlord has been negligent or has neglected to maintain the property adequately, survivors have a right to ask for compensation for their injuries and losses. Talking to a trusted personal injury attorney is the best way to determine if you have a good case. A quality personal injury law firm will talk to you frankly about your chances of success in recovering for your losses and injuries and what you can expect in the process. Before a case is settled, attorneys advise people to avoid signing any release form presented by an insurance company representative. This is best way to ensure a client does not take an unreasonably low first offer. If you are injured in a fire and feel that someone else’s negligence or misdeed was the cause, talk to an attorney. Many—like our firm--do not charge for a first consultation. In the meantime, there are precautions everyone—home owner or renter—should take to prevent injury and loss. Since smoking is the leading cause of home fire deaths in the United States, people should never smoke in bed. Always look under cushions and in trashcans for burning cigarettes before going to bed. Check carpeting where ashtrays have been used.

#hausmann mcnally #fire safety #personal injury

How to Get Your Vehicle Fixed or Replaced, Free of Lawyers’ Fees

When our law firm represents you on your injury claim, you will be charged nothing for getting your vehicle repaired or replaced by the opposing party’s insurance — as well as an interim rental vehicle — and we fight for your rights to the full extent permitted by policy coverages and the law. Whatʼs Our Bias? Rather than flood you with fancy advertisements and TV ads, we hope you’ll find this booklet a valuable asset for making an informed choice — the all-important choice of selecting a trusted lawyer who can protect you and your financial assets during the aftermath of your accident. We think you’ll find this booklet a permanent, valuable family resource to use and save. Let’s face it: every lawyer has a bias towards wanting new clients. We think we’re different because we hope you will hire us only if you believe and trust in our services — after becoming fully informed with the important facts provided in this booklet. You can use these facts for evaluating and using any lawyer. So what’s our bias? Very simple. We want to make a good living — and to us that means something more than just money. To us “making a good living” includes the good of helping others; the good in treating every person with the dignity and respect they so richly deserve; the good from earning trust and confidence among our clients; the good coming from all the money we recover for our clients and their families; and, of course, the good in our supporting our own families. Whether you hire us or not, we wish you that same kind of goodness in your life!

More information on this topic can be found at: http://www.auto-accident-info.com

#hausmann mcnally #auto accidents #personal injury

Cab company sued by injured passenger

By Kelly Holleran A woman says she sustained severe and disabling injuries after the driver of a vehicle in which she rode failed to stop at a traffic sign. Patricia L. James filed a lawsuit Dec. 23 in Madison County Circuit Court against Dujuan L. Joiner and Dennis Hollenback doing business as Liberty Cab. James claims on April 1 she rode in a vehicle Joiner drove west on East 20th Street at its intersection with Alby Street in Alton. At the time of the incident, Hollenback owned the vehicle Joiner drove, according to the complaint. Suddenly, the vehicle struck Terry Quigley's vehicle as he proceeded north on Alby Street, the suit states. In addition to her injuries, James incurred medical costs; experienced great pain, suffering and emotional distress; and could not carry out her usual daily activities, the complaint says. She also claims she lost wages and sustained disability and disfigurement. James blames Joiner for the accident, saying he drove too fast, failed to reduce the speed of his vehicle to avoid a collision, failed to keep a sufficient lookout, failed to yield the right-of-way at an intersection and failed to yield at a stop sign at an intersection. In the two-count suit, James seeks a judgment of more than $100,000, plus costs. Gregory D. Abel, Cindy R. Baum and Coryn I. Steinfeld of Hausmann-McNally in Decatur will be representing her. Madison County Circuit Court case number: 09-L-1396.

Original article posted in The Record 'Cab company sued by injured passenger', by Kelly Holleran

#Madison/St. Clair Record #Kelly Holleran #Hausmann-McNally #Taxi Accident #Gregory D. Abel #Cindy R. Baum #Coryn I. Steinfeld #Madson County Circuit Court

New Law Regarding Insurance

If you drive a vehicle--car, motorcycle or truck--you will be affected by the recent changes in Wisconsin’s insurance law. “Truth in Auto Insurance” provisions were enacted into law in Wisconsin in July 2009. Wisconsin is the second-last state to require its drivers to have insurance. The last holdout is New Hampshire. According to the Commissioner of Insurance Web site http://oci.wi.gov/faq/auto.htm After June 1, 2010, Wisconsin drivers will be required to have an automobile insurance policy in force or, in limited situations, other security which could be a surety bond, personal funds, or certificate of self-insurance. Details are available at the Department of Transportation, Division of Motor Vehicles (DMV), Hill Farms State Office Building, 4802 Sheboygan Ave., Madison, WI 53702. Other major changes include: INCREASED MINIMUM LIABILITY REQUIREMENTS A minimum insurance liability coverage requirement for an accident increases from $25,000 to $50,000 for injury or death of one person, $100,000 for injury or death of two or more persons (up from $50,000), and $15,000 for property damage (up from $10,000). These limits apply to new and renewed policies issued after November 2, 2009. The previous minimum coverage levels had been on the books for over 20 years and were increasingly inadequate to cover the cost of serious injuries with the high cost health care. Why is this beneficial? While it may increase the cost of insurance for those who were purchasing the minimum allowable, it offers better coverage and protection for drivers and victims if and when they get into accidents. Too often, our firm has seen cases where the insurance coverage was not adequate to compensate people for their medical bills, pain, suffering, and losses. The “coverage” clients hoped was there did not really cover the incident adequately. REQUIRED UNINSURED/UNDERINSURED COVERAGE AND MEDICAL PAYMENTS Under-insured motorist coverage and medical payments coverage become mandatory under the new law. Uninsured and underinsured motorist insurance coverage now must be at least $100,000 per person and $300,000 per accident. This insurance is intended to cover the victim when hit or injured by an at-fault party who does not carry any insurance (uninsured) or carries inadequate insurance (underinsured). Medical payments coverage must be at least $10,000 and is intended to provide funds to pay your medical bills regardless of which party was at fault. You might ask why you have to have the coverage if EVERYONE is supposed to now carry adequate insurance. The answer is that while it is the law, not everyone will obey it. If you are in a serious accident caused by an uninsured or underinsured driver, you can suffer severe economic loss. The coverage that you purchase helps cover high medical and recovery costs. Why is this beneficial? This protects YOU and your family from someone who does not cover his/her liability thoroughly. In the past, if the at-fault party did not have adequate insurance, the victim was just out of luck. REDUCING CLAUSES ELIMINATED The new law does away with “reducing” clauses. That means the proceeds from an underinsured at-fault driver's liability insurance cannot be subtracted from the amount of the innocent driver's underinsured coverage. This provision means that insurance companies selling insurance must provide the full amount of the insurance you paid for. Why is this beneficial? People were often surprised to learn that their coverage really wasn’t what they thought. In the past, your underinsured motorist coverage would cover only the amount NOT covered by the at-fault party’s insurance. So, even though you thought you could collect up to the full amount of the policy, the insurance companies were paying only the difference between what the at-fault party paid and your insurance coverage. Now, you are entitled to collect up to the maximum value of the insurance coverage you paid for. There are two more major provisions you need to know about: anti-stacking and the removal of physical “hit” requirement for hit-and-run accidents. I will write about this in a few days. But enough law for now. As always, Hausmann-McNally invites inquiries about the law as it applies to your personal injury claim. Call us at 800-227-6699.

Hausmann-McNally Skips Holiday Party to Feed Homeless

To get into the “real” holiday spirit, our law firm is foregoing its annual holiday party and will feed the hungry instead. Our attorneys and staff are planning to serve a free holiday meal to the homeless and poor on Saturday, December 12 at Izzy’s Restaurant at 2613 W. State St. in Milwaukee from noon to 3 p.m., or until everyone is fed.

Hausmann stated: “When I opened Izzy’s, I wanted to bring some good home cooking and pleasant surroundings to my old neighborhood. I envisioned we could use Izzy’s for community service down the line. This is the first chance we have had to open it up to people who are disenfranchised, poor or homeless.” Izzy’s is owned by Attorney Charles Hausmann, the law firm’s president.

Among those we are inviting to the holiday lunch are people who regularly come to the St. Benedict the Moor Ministries at 1015 N. Ninth St., Milwaukee. St. Benedict’s serves an average of 340 people at its evening community meals. Although they offer a meal Sunday through Friday, they do not serve on Saturdays. Hausmann-McNally is hoping a good number of those people will be our guests Saturday December 12. Invitations and posters announcing the meal will be circulated at the St. Benedict community meal. http://www.stbensmilwaukee.org/index.shtml

Our attorneys and staff members are volunteering to help Izzy’s Partner/Chef Brandon Roethel coordinate the event and serve. Hausmann-McNally will pay for all the food and costs associated with the event. Not to be outdone, Izzy’s employees are donating their time and plan to give a cash donation to St. Benedict’s.

Our Milwaukee employees agreed to forego the annual holiday party which is traditionally held at an upscale club or restaurant and paid for by the firm. The decision was to channel the money to feeding the hungry. Many employees said they wanted to be involved and will be helping to prepare and serve the meal on December 12.

People tell me this will get them in the holiday spirit. We are preparing to feed around 340 people. The restaurant seats 55, but we will be offering takeouts if it is too crowded. There is no good way to get an advance count because many homeless do not have phones or email. So we are relying on the invitations and word of mouth and crossing our fingers that our estimate is close.

The menu will include turkey, stuffing, potatoes and gravy, cranberry sauce, corn, bread and butter, beverages and cookies. While we are excited to exercise our holiday spirit, we really have no idea how this will go. We have confidence in Brandon Roethel’s cooking and organizational skills and know our employees are the best on earth…but none of the staff here has fed so many people. So…stay tuned.

Happy holidays!

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