August 2, 2014 by Domnitz & Domnitz, S.C.

Investigation Continues for Wisconsin Boat Crash That Killed Four

On behalf of Milwaukee personal injury attorney Ric Domnitz of Domnitz & Domnitz, S.C. posted in Wrongful Death on Tuesday, August 2, 2011.

The Chippewa County Sheriff’s Department launched an investigation into a high-speed boat collision that killed four people the night of July 22 on the Chippewa River. Authorities say that the investigation could take up to six months while they try to reconstruct the accident and piece together why it was severe enough to result in wrongful death.

The lack of witnesses makes it harder to reconstruct the situation and find out exactly where the Wisconsin boat crash occurred, according to the Atlanta Journal Constitution. Authorities say only one thing is for sure: that one or both of the boats were moving at a very high speed. An officer from the sheriff’s department says that residents of the area have been complaining more often about boaters speeding through that part of the river, which is estimated to only be about 100 yards wide.

The driver of the larger boat, who survived, was apparently briefly arrested on the scene on suspicion of driving under the influence. The district attorney is awaiting results from various blood tests and autopsies before making any charges. Of the individuals who died as a result of the collision, three of them were passengers on the large boat, while the fourth was driving the smaller boat.

Besides the driver, two other passengers on the large boat survived, along with one passenger on the small boat. The body of a 28-year-old man from the larger boat was found the night of the accident. The other bodies of a 25-year-old and a 28-year-old man were not found until later in the weekend.

The passengers of the large boat were celebrating the upcoming weekend wedding of the groom-to-be, who miraculously survived the crash. His three groomsmen were killed in the accident. Sources say the wedding that was planned for Saturday did not take place. It was not clear whether a new date for the wedding has been scheduled.

Source: Atlanta Journal Constitution, “Inquiry into fatal Wis. boat crash may take months,” Dinesh Ramde, 25 July 2011

If you have suffered an injury through no fault of your own, contact a Milwaukee personal injury attorney with Domnitz & Domnitz, S.C.

December 23, 2013 by Domnitz & Domnitz, S.C.

News for Milwaukee Toyota Drivers

Settlement negotiations begin for wrongful death and other issues

On behalf of Milwaukee personal injury attorney Ric Domnitz of Domnitz & Domnitz, S.C. posted in Wrongful Death on Monday, December 23, 2013.

When anyone gets into a vehicle, they trust the vehicle will operate properly. Unfortunately, that doesn’t always happen. Vehicle malfunctions can lead to serious injury and even death. Milwaukee residents might be interested to learn that Toyota is entering into settlement talks after a four-year legal battle with consumers who allege unintended vehicle acceleration issues.

Millions of vehicles were recalled over the acceleration problems since 2009. Almost 400 state and federal lawsuits are still pending against the vehicle manufacturer. Next month, intense settlement talks are slated to start. Any case that isn’t resolved after a two-stage mediation will head to a jury trial.

Less than two months ago, a jury awarded a total of $3 million to an injured driver and the family of a passenger who suffered a fatal injury in an accident involving a 2005 Toyota Camry. This case was the first case that went to a jury that Toyota lost, so it is proving to be a significant case. Prior to this, Toyota won jury trials by blaming the driver of the vehicle. The auto manufacturer’s representation argued that the unintended acceleration was caused by gas pedals stuck under floor mats, among other reasons. In the recent case, the plaintiff’s representation argued that the vehicle’s software was faulty. Jurors found that likely, especially considering the skid marks that proved the driver was trying to brake.

When a vehicle malfunction results in injury or death, seeking compensation for injuries, pain, suffering or final expenses might be possible. Seeking advice from an experienced Milwaukee personal injury legal professional might help you to navigate through the lengthy and complex legal proceedings.

Source:
WXOW, “Toyota to enter settlement negotiations” Gillian Flaccus, Dec. 13, 2013

If you were injured in a car accident due to an auto defect, contact a Milwaukee personal injury attorney with Domnitz & Domnitz, S.C.

September 14, 2013 by Domnitz & Domnitz, S.C.

Question of Safety for Milwaukee Bicyclists

Urban or rural roads: Where are fatal bike accidents most common?

On behalf of Milwaukee personal injury attorney Ric Domnitz of Domnitz & Domnitz, S.C. posted in Wrongful Death on Saturday, September 14, 2013.

Most Milwaukee bicyclists on the road know that they are at risk of becoming involved in an accident with a motor vehicle. Unfortunately, the relative size and speed of vehicles generally puts bicyclists involved a collision in position to suffer a severe or fatal injury. As a result, cyclists might wonder: Where is the safest place to bike?

One would think that the congested city streets of Milwaukee would be a more likely site for a fatal car-bicycle accident than less-traveled rural roads. However, a recent fatal accident involving a cyclist in rural Wisconsin has some observers questioning this idea.

A report published by the Bike Federation of Wisconsin takes a look at the risks of biking on urban roads compared to rural roads. Based on numbers provided by the Wisconsin Department of Transportation, busy urban streets have a high rate of car-bike accidents, yet bicycle accidents outside the city are more likely to be fatal.

The Bike Federation suggests that drivers in an urban are more accustomed to bikes on the road, which reduces the overall risk of fatal crashes. If a person knows they should be looking out cyclists, then they are less inclined to get into a serious crash.

In addition to being less aware of bicyclists, drivers in rural areas typically drive at higher speeds. City traffic generally moves slower than highway traffic in the country. As such, the force involved in a collision with a car traveling at highway speeds is more likely to cause fatal injuries.

Regardless of whether drivers are used to the city or country, they share a responsibility to drive with caution in order to protect the safety of others on the road. If a driver fails to uphold their duty and causes a fatal crash, then a wrongful death suit may be in line.

Source: Bike Federation of Wisconsin, “Is Safety on Rural Roads a Problem?” Dave Schlabowske, Sept. 6, 2013

If you were injured in a bike accident, contact a Milwaukee personal injury attorney with Domnitz & Domnitz, S.C.

April 23, 2013 by Domnitz & Domnitz, S.C.

Jackon’s Case Closely Followed in Milwaukee

Jury selected for Michael Jackson’s wrongful death suit

On behalf of Milwaukee personal injury attorney Ric Domnitz of Domnitz & Domnitz, S.C. posted in Wrongful Death on Tuesday, April 23, 2013.

In recent news, a jury of 12 has been chosen to hear the wrongful death lawsuit initiated by Michael Jackson’s family against concert promoter AEG Live. With 12 in line, another six will be selected to serve as alternates. The wrongful death suit is expected to last a couple of months.

The suit has been brought by Jackson’s mother and his three children. The plaintiffs claim that the promoter was liable for Jackson’s death in 2009.

As you may know, the pop singer died a couple of weeks prior to his “This Is It” concert, which was organized by AEG Live. The concert was scheduled to kickoff in London. The plaintiffs argue that AEG Live is liable because the promoter hired and managed Dr. Conrad Murray, who treated the singer’s insomnia with an anesthetic medicine. This led to the singer’s death.

Murray was convicted of involuntary manslaughter for the matter. However, AEG Live argues that the pop star chose and controlled the physician, and therefore, the company is not liable.

The lawsuit seeks the money Jackson would have accumulated during his lifetime had he not passed away. If AEG Live is deemed responsible, it could cost the promoter billions of dollars.

As the case evolves, it will be interesting to witness how liability is assigned. Because there were so many players in Jackson’s life at the time of his death, the plaintiffs will have to utilize strong trial strategies to prove the alleged negligence on behalf of the promoter.

When an entity or person is negligently liable for the death of a person, loved ones of the victim may have a viable wrongful death claim. If you have lost a loved one in a reckless tragedy, you may want to speak to a skilled personal injury law attorney in your area.

Source: CNN, “Jurors chosen to decide Michael Jackson wrongful death case,” Alan Duke, April 22, 2013

If you were injured in an accident, contact a Milwaukee personal injury attorney with Domnitz & Domnitz, S.C.

February 20, 2013 by Domnitz & Domnitz, S.C.

Shocking Case of Elder Abuse in Milwaukee

Woman neglected in nursing home dies, family settles out of court

On behalf of Milwaukee personal injury attorney Ric Domnitz of Domnitz & Domnitz, S.C. posted in Nursing Home Abuse on Wednesday, February 20, 2013.

Nursing homes that receive Medicare and Medicaid in Wisconsin are legally required to report all instances in which a resident is mistreated, abused, neglected or injured in an unknown manner within 24 hours of the happening. However, this federal law is not always adhered in Wisconsin, which is particularly troubling because it directly impacts some of the most vulnerable members of our state.

It is reasonable for Wisconsin families to expect that when they put their elderly loved ones into some sort of care facility, their health is being looked after by the medical professionals and staff that the family has trusted. Further, if there is a breakdown in this and neglect or abuse occurs, it would be reasonable to think that the state will take action to rectify this.

However, many of these instances of neglect or abuse go unreported, so it is often the responsibility of the family to report such complaints in order to see an investigation. According to one advocate for the elderly and their families, “The insidious thing about facilities not reporting incidents is that there’s no way to know what’s not getting reported.”

In instances in which a care provider fails to adhere to these laws, a family can file a civil suit on the grounds of negligence, wrongful death or medical malpractice. One man filed a lawsuit after his wife fell and then died when she was in the care of a facility about an hour from Milwaukee.

Reportedly, the wife pushed the call light, but no one came for quite some time. So she attempted to get out of bed on her own, fell and hit her head, causing serious bleeding in her brain. She died the next day and the fall was never reported.

The husband filed a wrongful death claim against the company that owned the nursing home, and settled out of court. Unfortunately, as this case demonstrates, surveyors and federal regulators cannot catch everything. Accordingly, it is often up to family to remain alert for instances of abuse and neglect of elderly loved ones in a nursing home. If a family has suspicions of mistreatment, an experienced nursing home neglect lawyer could be invaluable in seeking justice on behalf of an elderly loved one.

Source: WisconsinWatch.org, “Wisconsin nursing homes fail to report deaths, injuries,” Feb. 18, 2013

Our firm has experience handling similar cases. If you have a loved one who has suffered elder abuse in Milwaukee or anywhere in Wisconsin, contact a Milwaukee personal injury attorney with Domnitz & Domnitz, S.C. to discuss your options.

January 30, 2013 by Domnitz & Domnitz, S.C.

Warning from Wisconsin Bus Accident Attorneys

Don’t take chances driving this winter – bus crash kills 9

On behalf of Milwaukee personal injury attorney Ric Domnitz of Domnitz & Domnitz, S.C. posted in Car Accidents on Wednesday, January 30, 2013.

A recent fatal bus crash in the Pacific Northwest highlights the dangers we all face when driving in severe weather systems. Ice and snow are the staples of a Wisconsin winter and one small mistake can often prove to be many a driver’s last.

Such was the case on Blue Mountain Pass when a charter bus lost control on the highway and crashed through the guardrail, falling 200 feet before it came to a rest. The roads had just been sanded by road crews, but that did not prevent the death of nine passengers and injuries to all 38 of the rest travelling by bus.

Whether a mountain pass or the streets of Milwaukee, wind, ice, and snow tend to make t roads treacherous, even to the most experienced drivers. Failure to take the proper precautions can often lead to an unfortunate accident that could have possibly been avoided. While it is uncertain as of yet what exactly caused the accident in the Northwest, in general, negligent behavior in failing to follow the advice of road service warnings or chain-up protocols are unacceptable excuses.

If another’s negligent act leads to loss of life, it is possible that that individual’s family and loved ones may have recourse to remedies through a wrongful death claim. A wrongful death claim allows family and/or estate executors/administrators to claim financial, emotional, and medical remedies as a result of the loss of that individual. There is serious emotional and financial trauma caused by the loss of a spouse, child, or family member and by contacting an attorney practiced in personal injury, they will help you navigate ways in which you may be eligible for remedial actions.

Source: oregonlive.com, “Oregon bus crash: The tragedy focuses attention on the treacherous I-84 pass,” Richard Cockle, Jan. 4, 2013

To contact a Milwaukee personal injury attorney regarding your personal injury car accident case, call 414-289-0909 today.

January 29, 2013 by Domnitz & Domnitz, S.C.

News from Milwaukee Bus Accident Attorney

Bus crash near New London kills two

On behalf of Milwaukee personal injury attorney Ric Domnitz of Domnitz & Domnitz, S.C. posted in Car Accidents on Tuesday, January 29, 2013.

An accident involving a school bus and a car took the lives of two teenagers late on Friday night. The Wisconsin State Patrol reports that the car carrying the teens collided with the bus after rounding a sharp turn. The accident occurred in Waupaca County in the town of Mukwa. The school bus was carrying students from New London who were returning from a ski trip.

The State Patrol reports that excessive speed, and slippery road conditions contributed to the accident. Essentially, as the sun goes down, melted snow freezes and turns to ice, which can make it difficult for cars to navigate turns. The Waupaca County Sheriff confirmed that the car slid across the center line and into the path of the oncoming bus.

According to numerous reports, the crash has left the town shaken.

During the holiday season we noted that winter weather can make road conditions dangerous in our region. We discussed what drivers could do to safely navigate treacherous roads, including using sand and salt (to improve traction), paying attention to weather reports (for knowledge about road conditions), and not using cell phones while behind the wheel.

We hope that Wisconsin drivers will be conscious of how they can change their driving habits as road conditions deteriorate. It is an important decision that can affect countless lives, as we can expect more snow and ice for at least two more months as winter passes on.

In the meantime, our thoughts and condolences go out to the families of those who were lost in the accident.

Source: Fox11online.com, Teens killed in crash with school bus near New London, January 26, 2013

To contact a Milwaukee personal injury attorney regarding your personal injury car accident case, call 414-289-0909 today.

November 30, 2012 by Domnitz & Domnitz, S.C.

Wisconsin Hunting Accident Is Fatal

Man Shot by Friend

On behalf of Milwaukee personal injury attorney Ric Domnitz of Domnitz & Domnitz, S.C. posted in Wrongful Death on Friday, November 30, 2012.

It has been said there are two seasons in Wisconsin — Green Bay Packer season and deer season. It is estimated that 600,000 deer hunters are prowling wooded areas this fall. Last year’s deer season resulted in 347,711 white-tailed deer killed in Wisconsin. The number of hunting licenses in 2012 exceeded that of 2011, so perhaps the number of deer killed will also exceed last year’s tally.

Unfortunately, deer are not the only ones killed. Each year deer hunters die in hunting accidents. It was recently reported that four hunting-related fatalities occurred so far this hunting season. In one of them, a hunter was accidentally shot by his friend and died.

The accident reportedly occurred in the woods near Superior Wisconsin. An emergency call was placed and first responders were sent to an area near County Road W and Barnes Road close to the border. The hunter apparently was pronounced dead at the scene, presumably of a gunshot wound.

Three other fatalities were reported.

A 22-year-old man from Milwaukee died of a gunshot wound on Fort McCoy property. There was no word on whether the gunshot wound was self-inflicted.
A 51-year-old man from Green Bay died after falling out of a tree stand in Marathon County.
A 51-year-old man from Antigo died in the Lincoln County woods of unknown causes.

Although there may not be any criminal charges for the death of the hunter near Superior, if there was any negligence involved such as drinking, the family of the man who died may seek compensation in civil court for the wrongful death of their loved one.

Source: Detroit Lakes Online, “Hunter dies after accidental shooting in Superior, WI,” Nov. 20, 2012

Source: Milwaukee Journal Sentinel, “2012 deer season has old-time feel,” Paul Smith, Nov. 10, 2012

At our Milwaukee law office we represent the families who have lost a loved one due to an accidental or wrongful death such as the fatal hunting accident described in this post. If you have lost someone in a wrongful death incident, contact a Milwaukee personal injury attorney with Domnitz & Domnitz, S.C.

November 16, 2012 by Domnitz & Domnitz, S.C.

Driver in Fatal Milwaukee DUI Crash Sentenced

On behalf of Milwaukee personal injury attorney Ric Domnitz of Domnitz & Domnitz, S.C. posted in Wrongful Death on Friday, November 16, 2012.

One of the burdens that many survivors of fatal car accident victims must carry is the constant question of whether the crash could have been prevented. In the case of accidents caused by drunk driving, the answer is almost always yes. And knowing that a loved one died only due to the negligence of another person can make it difficult for family members to reach closure and move on with their own lives.

One milestone that can help, however, is the successful prosecution of the driver who caused the fatal accident. Recently a Milwaukee man who hit and killed a woman and her son was sentenced for his role in last year’s crash, which could help the victims’ family and friends cope with their unimaginable loss. The 41-year-old driver will spend 17 years in prison, followed by another 10 years of supervised release. Whereas many drunk drivers who kill someone only spend a few years in prison, the loved ones of the victims in this case can rest assured that the driver won’t be putting others at risk anytime soon.

The accident happened as the man was being chased by Milwaukee police. As he fled officers in his pickup truck, he crashed into a 49-year-old woman and her son, who was just 20. The driver then left his truck and tried to escape by jumping into the frigid waters of the Milwaukee River. With a blood alcohol level of .206, it’s not surprising that he didn’t remember the accident by the time he was arrested and questioned by police. Nevertheless, he pleaded guilty this summer to operating while intoxicated homicide charges.

Another step that could bring some closure to the victims’ family is the filing of a wrongful death lawsuit. A successful civil suit could not only compensate the family for the financial losses associated with the deaths, but award damages for pain and suffering. No one expects to have their loved ones taken in a senseless car accident, but effective legal action can help make the loss easier to handle in the long run. If you were hit by a drunk driver, contact a Milwaukee personal injury attorney with Domnitz & Domnitz, S.C.

Source: WTAQ, “Drunk driver sentenced to 17 years in prison for fatal Milwaukee crash,” Nov. 2, 2012

November 2, 2012 by Domnitz & Domnitz, S.C.

South Milwaukee Wrongful Death Case Settled with Nursing Home

On behalf of Milwaukee personal injury attorney Ric Domnitz of Domnitz & Domnitz, S.C. posted in Wrongful Death on Friday, November 2, 2012.

A settlement was recently reached regarding a wrongful death case out of a nursing home in South Milwaukee. A 90-year-old resident was reportedly raped by another resident that was also 90-years-old, and known to be acutely sexually aggressive, in Jan. 2009. It appears that 18 days after the attack, the victim died.

The attacker was transferred to an alternate nursing home, and was deemed mentally incompetent and therefore not criminally charged. However, it is reported that before this resident attacked the victim, he was shortly before prevented from assaulting a separate resident. After the first attempted attack was thwarted, the sexually aggressive resident was left unattended by the residing nurse.

The family of the victim that died after being sexually assaulted filed a wrongful death claim on the grounds that the South Milwaukee nursing home did not provided their nurses and other staff with adequate training regarding sexual assault between residents, which resulted in a sequence of events transpiring that ultimately lead to their family member’s death.

The case went before a jury for four days before a settlement was reached. Both sides declined to comment on the terms of the settlement so the exact figure is not presently public knowledge. While financial compensation will not erase the pain the family endured knowing this was the end their loved one suffered, hopefully the settlement can bring some sense of closure. Additionally, hopefully this tragic case will raise awareness and prevent similar instances from occurring in the future in Wisconsin or elsewhere.

Source: Milwaukee-Wisconsin Journal Sentinel, “Nursing home rape case settles mid-trial,” Bruce Vielmetti, Oct. 16, 2012

Our firm has experience handling similar cases. For more information, please visit our Milwaukee nursing home wrongful death page. If you need legal representation for the wrongful death of a loved one, contact a Milwaukee personal injury attorney with Domnitz & Domnitz, S.C. for a free consultation.