Wisconsin Injury Legal Information Banner

Wis-Injury Navigation About Our Law Office Site Map to Our Site Site Map for wis-law About Our Law Office

Understanding Why You Hurt
Injury Compensation

Social Security
Workers Comp
Insurance Information
Defense Medical Exams
Choosing a Lawyer
Liability Issues Graphic
Medical Malpractice
Air Bag Injuries
Vehicle Rollovers
Slip and Falls
Building Defects
Carbon Monoxide Issues

Brain Injury Resources

Legal Scaleswis-injury.com is your source for information on personal injury, liability, insurance and compensation. There has been a traumatic event, usually an accident, medical bills are mounting, you or your loved one are no longer the same as they were before. Is there compensation available?


But I didn't Hurt Right Away. The accident is over, and while you may have just had the fright of your life, you seem fine. When the other driver or the police officer asks you if you need medical help, you say you are fine. No ambulance is called, no record is made of your injuries.

But the next day... you can barely move. Is it too late to make a claim for your injuries? Of course not.

Often the body is not in immediate pain. A very large percentage of serious injuries, are not apparent immediately. Even life threatening brain injuries sometimes do not manifest themselves for hours. This is why it is standard protocol for most emergency rooms to issue instructions as to monitoring patients for a deterioration of there symptoms when sending someone home who might have suffered a brain injury.


As it is universally understood that many types of injuries will not become symptomatic for hours after an accident, a statement to someone at the scene that you are "fine" is not a significant obstacle to recovering for your injuries.

But it was several weeks before I started having problems with my back, my neck. Again this is a common occurrence, especially if a person had other more obvious pain at the time of the accident. Many times, the body only notices the worst pain. If you have been in an accident, you may have scrapes and bruises all over your body. You may be stiff all over and everything seems to ache. In such situation, even major injury to your neck or back, may not be focused on. In some cases, it may take weeks for a body part which has been weakened by the injury, to snap.

But there was Only Minor Vehicle Damage. Injury in a motor vehicle accident comes as a result of primarily two things:

  1. The contact of your body with some object, usually the inside of the car; or
  2. Rapid change in speed of your body, such as in a whiplash accident. In this situation, your body can be subjected to life threatening force, without significant damage to the vehicles. In fact sometimes the injuries are worse because the energy of the collision is transferred to movement rather than destruction of the vehicle.

But I was wearing my seatbelt. Seatbelts saves lives, by reducing the risk of hitting the windshield or being thrown from the vehicle. However, by holding the waste and one shoulder of the person in a fixed position, it actually increases the acceleration/deceleration forces on the head, neck and back. In addition, the twisting that occurs because only one shoulder is held stationary, adds rotational or centrifical force to the equation, which has even greater potential for injury. By all means, wear your seatbelt. But understand that seatbelts do not eliminate all injuries, and can in fact be the cause of much different injuries than would have occurred without having worn them. Such injuries are normally not as life threatening as hitting your head on the windshield or being thrown from a vehicle, but they can still be severe and disabling.

But I wasn't wearing my seatbelt. By not wearing your seatbelt, in Wisconsin, you will have violated the law and open up an argument from the defense that you have contributed to your injuries and that your fault in doing so should be compared to the defendants in determining your recovery. However, the extent to which your recovery can be reduced for failing to wear your seatbelt cannot exceed 15%, and as stated above, many of the injuries which occur in a motor vehicle accident would not have been eliminated by wearing a seatbelt.

But I didn't hit my head. A brain can be injured, without hitting your head. This is because the rapid acceleration/deceleration forces occuring in a car accident, create impact damage from the brain being propelled against the sharp and bony inside of the skull, and because of a process of shearing. Shearing occurs because one of the primary building block of the brains structure, cells called axons, run through layers of brain tissue of different densities. These layers will move at different speeds when the brain is thrown about, causing the axons to be displaced and torn.

But it was my best friend or a family member who was driving. While it is terribly uncomfortable to make a claim against a close friend or family member, in most cases, such claims are against such persons insurance company. In fact in Wisconsin, claimants are lucky in that they can directly sue the insurance company and are not even required to name the other party. Certainly, if the claim is small, avoiding the disruption in personal relationships may be more important than receiving a recovery. But when lives are altered and disability results, a claim should be pursued. Most people have insurance because they understand that they might make a mistake behind the wheel, and that it is there responsibility to assure that a person injured by such mistake is compensated. That is what insurance is for. Making a claim against someones insurance company, is not an assertion that they are bad people, or even that they behaved badly. It is merely a claim that some human being, made a mistake and that because they acted responsibly beforehand and had insurance, you have a right to collect what you have lost.

But the other driver was uninsured. If you have insurance on your car, or the car in which you were riding is insured, then an uninsured wrongdoer does not prevent you from recovering for your injuries. Any motor vehicle insurance policy sold in the state of Wisconsin includes "uninsured" motorist coverage. This coverage allows the injured party to collect from there own insurance company for damages caused by the uninsured driver. There is also another, equally important coverage, which unfortunately is not sold on all policies. This is called "underinsured" motorist coverage. Where the "uninsured" motorist coverage allows you to recover if the other driver had no insurance, "underinsured" motorist coverage allows you to recover if the other driver didn't have enough insurance to compensate you for all your injuries, i.e., the other driver was "underinsured."


But I don't want my insurance to go up. Generally, automobile insurance is rated based upon the conduct of the insured as a driver. If an accident was not the fault of the claimant, then the accident does not indicate that the claimant is a poor driver and should have no effect on rates. Such is not always the case, but even when it isn't, another company will probably have no reluctance to insure you at comparable rates to the company you were with. If you have a major injury and disability, the effect on your insurance rates will be minor relative to the size of your recovery. One should never fail to pursue a significant claim because of concerns about your own insurance rates going up.

But I don't want to be one of those people who are stirring up law suits. One of the fundamental premises of the U.S. Constitution, is the right to be compensated when someone else's mistake or wrongdoing has harmed you. This principle goes back almost a thousand years and has always been at the core of our society and legal system. And we believe that the United States is a better and safer place to live, because of this principal. Why is it that stairs have hand rails, most drivers stay close to the speed limit, airbags and seatbelts are in cars, and cars aren't made that explode on rear end collisions anymore? Our civil justice system, compensates fairly those who are injured, from the pockets of those who were at fault. Such system acts as an effective deterrent to unsafe behavior, maintenance and design. Frivolous lawsuits are rare. The significant and meaningful penalties built into the law to punish any claimant or lawyer who brings such an action, are likewise a deterrent to avoid frivolous clamis. If you are reading this page, we doubt that your claim is frivilous..

While the news media loves the sensational story of millions for hot coffee, the reality is the juries which award those types of damages have the opportunity to hear all of the facts, and judge the conduct of the parties fairly and equitably.

Click Here for the Real Story of McDonald's Hot Coffee

The real injustice is a life that is destroyed by the wrongful conduct of another, who care so little about safety, that there. is little or no insurance to compensate the victim.. The hysteria about too many lawsuits is the result of the insurance lobby spreading half truths, in an effort to increase its profits. Insurance companies should increase their profits by selling more insurance. They could do this by lobbying for higher mandatory insurance limits but don't. Instead they fuel this tort reform campaign to increase their profits by paying fewer claims.


Click here to learn more about the Johnson Law Office.

CAUTION: Sending email creates a serious problem with loss of confidentiality. Any email sent to someone who is not your attorney cannot be considered confidential, because email may lack the expectation of privacy, unless it is encrypted. MORE IMPORTANT, THE LAWYER YOU EMAIL MAY ALREADY BE YOUR ADVERSARY'S ATTORNEY. While these attorneys represent only injured persons, the circumstances of an accident may make someone as close as your spouse, your potential adversary.

Contact Us:

The Johnson Law Office

No Fee Unless We Win

Contact Us:













wis-injury.com, is not intended as a substitute for legal advice and is not intended to be construed as legal advice.

Contact Us


The materials on this World Wide Web site are provided purely for informational purposes and are not legal advice. These materials are intended, but not promised or guaranteed, to be correct, complete, and current. This web site is not intended to be a source of advertising, solicitation or legal advice. Therefore, the reader should not consider this information an invitation for an attorney-client relationship. Readers should not act or rely upon any information contained in this World Wide Web site and should always seek the advice of competent counsel.

The owner of this web site is a law firm, the Johnson Law Office which organized the Brain Injury Law Group. The Johnson Law Office is licensed to practice in the States of Wisconsin , Illinois and Michigan. The Brain Injury Law Group does not wish to represent anyone desiring representation based upon their viewing any portion of this World Wide Web site that fails to comply with all legal and ethical rules in such individuals state. While not intended to do so, but in a good faith effort to comply with all rules and regulation which may be applicable to it, the Brain Injury Law Group hereby informs readers that this site may be construed as advertising and promotional materials. The Brain Injury Law Group makes no representation that it can obtain the same results as reported in this web site in other legal matters.

The transmission of an e-mail request for information does not create an attorney-client relationship, and you should not send us via e-mail any information or facts relating to your legal problem.
If you are a client, remember that e-mail may not be secure.

©1999 - 2008 Attorney Gordon S. Johnson, Jr.


For more on Attorney Gordon Johnson