Attorney Tool Presents Seminar Lectures

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Bye, Goff & Rohde partner, Tracy N. Tool, lectured at the National Business Institute Human Resource Law seminar held in Eau Claire, WI on Wednesday.  Tool delivered presentations on “Employee Handbook Policies in the 21st Century” and “Alternative Dispute Resolution in the Employment Context”.  Tracy, along with other lawyers including Dean Dietrich, Tanya Hubanks and Heather Marx addressed current employment and labor related topics to human resource professionals.

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New Regulations Help Nursing Home Residents Seek Justice

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The United States Department of Health and Human Services finalized an administrative rule that will deny Medicare and Medicaid benefits to nursing homes that require residents to sign forced arbitration agreements.

The new regulations will help preserve the rights of individuals injured as a result of nursing home neglect.  These important rights include the right to seek a jury trial for a civil claim.

Mandatory arbitration clauses have faced criticism in a variety of fields, including nursing home justice and employment law.  Arbitrators sometimes are seen as favoring the industry in which claims arise.  Claimants who must arbitrate claims instead of going to court face a lower success record and lower damages recoveries.

Accordingly, the new regulations are necessary to level the balance of rights between injured patients and the nursing homes that cause the injuries.  The regulations are scheduled to become effective November 28, 2016:

https://s3.amazonaws.com/public-inspection.federalregister.gov/2016-23503.pdf

Persons injured as a result of nursing home neglect have a right to consult a lawyer.  The attorneys at Bye, Goff & Rohde, Ltd. represent persons injured in nursing homes.  A free consultation is available at 1-800-607-3030

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If I Lose My Case, Do I Get a Second Chance?

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Individuals injured in accidents sometimes ask what will happen if they lose their case.  Normally, a person is allowed to pursue a particular injury claim only once.  If a court case is lost, rules of procedure bar filing the case a second (or third or fourth) time.

Because injury cases are civil cases, even new evidence generally is not a sufficient reason to permit a second case arising from the same injury.

Consequently, an injured party should seek advice from a qualified attorney before settling a case or pursuing a case in court.  The claim should be presented in a thorough and complete  manner that accounts for the past and the future effects of the injury.

Bye, Goff & Rohde represents persons injured in accidents, and offers lawyers with significant experience in pursuing claims and, when necessary, conducting trials and appeals to ensure just results for the firm’s clients.  Free consultations are available at 1-800-607-3030.

BGR Partners Honored as Super Lawyers

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Chuck Bye, Steve Goff, Dean Rohde and Tracy Tool recently were named 2016 Super Lawyers, while Brian Laule was named a Rising Star.  All five of these BGR partners are board certified civil trial specialists.

Attorneys are nominated and rated by their peers, with only five percent receiving the Super Lawyer designation.

BGR’s attorneys and staff aggressively represent clients throughout Wisconsin and Minnesota.

Bye Goff and Rohde Participates in Charity Dodgeball Tournament

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On March 15, 2016, two teams from Bye Goff and Rohde participated in Ellsworth Community Charity Dodgeball Tournament.  Of the eight teams participating in the tournament, the winning team got to donate the proceeds to a charity of their choice in the area from the following list:

Ellsworth School Foundation
Our Neighbors’ Place
Ellsworth Food Shelf
Feed My Starving Children

Although neither of the Bye, Goff and Rohde teams won the tournament, there was a lot of fun and money READ MORE

Wisconsin Dog Owners Are Strictly Liable for Injuries and Damages Caused by Their Dogs

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Wisconsin Stat. § 174.02, commonly known as the “dog bite statute,” provides that “the owner of a dog is liable for the full amount of damages caused by the dog injuring or causing injury to a person.”  A dog owner includes any person who owns, harbors, or keeps a dog.  If the dog has seriously bitten another person in the past so as to break the skin and cause permanent scaring or disfigurement, damages for the bite will be doubled.

Section 174.02 is a strict liability statute, which means that liability for a dog bite, or other injuries caused by a dog, will be imposed even if the dog’s owner or keeper was not negligent.  Although the provision generally applies to dog bites, it can also apply to other situations in which a dog injures a person.  For example, a dog owner can be held strictly liable when their escaped dog causes an automobile or bicycle accident.

The purpose of the dog bite statute is to protect people who are not in a position to control the dog.  Because of this provision, dog owners must be extremely careful to properly control their dogs.  Bye, Goff & Rohde, Ltd., your Wisconsin Personal Injury Lawyers, can assist you if you have been bitten or otherwise injured by a dog.

https://docs.legis.wisconsin.gov/statutes/statutes/174/02

Wisconsin Supreme Court Candidate Debates Air Live on March 15 and 18

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There is no doubt the Wisconsin justice system is profoundly affected by the decisions and ethics of the Wisconsin Supreme Court.  In contrast to the federal system, Wisconsin Supreme Court justices are elected by Wisconsin voters.  This system affords the people of Wisconsin the right and responsibility to assure that the best possible person is elected.

The two candidates for the upcoming April 5th Wisconsin Supreme Court election are Rebecca Bradley and JoAnne Kloppenburg.  The term is 10 years, and the winner will take the seat formerly filled by the late Justice Patrick Crooks.  Because the election is the same day as the presidential primary, a large turnout is virtually assured.

The first-ever televised debate between Wisconsin Supreme Court candidates will be broadcast live on WISN 12 at 7 p.m. on March 15th, 2016.  WISN is hosting the event in partnership with Marquette University Law School. http://www.wisn.com/tv/about/wisn-12-marquette-law-school-to-host-two-local-debates/38175004

The Milwaukee Journal Sentinel will sponsor a March 18th debate, along with Wisconsin Public Television and Wisconsin Public Radio.  The hour-long debate will be broadcast live at 7 p.m. from the Wisconsin Public Television’s studio on the UW-Madison campus.  These debates afford a great opportunity to meet the candidates and hear their views before casting the important votes that will determine the next Wisconsin Supreme Court justice. http://www.jsonline.com/blogs/news/369822121.html

Video Demonstrating the Crashworthiness of Modern Vehicles is a Tribute to Modern Safety Engineering Impelled by Products Liability Litigation

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The greater a vehicle’s crashworthiness, the more protection it provides to occupants involved in a motor vehicle accident.  The degree of crashworthiness depends on the vehicle’s ability to withstand and absorb extreme physical stresses during a collision.

Fortunately, the crashworthiness of motor vehicles has increased dramatically since Ralph Nader wrote Unsafe at Any Speed, which discusses the auto industry’s then blatant disregard for consumer safety.  This book, along with product liability lawsuits that made disregard for safety extremely expensive for auto manufacturers, has resulted in far greater crashworthiness for today’s vehicle.

Watch this video to see how the crashworthiness of a classic car compares to today’s vehicle.  https://youtu.be/fPF4fBGNK0U

Crashworthiness

The dramatic improvement in crashworthiness is a tribute to modern safety engineering impelled by greater consumer awareness and decades of product liability litigation against manufacturers of unsafe vehicles.

If you’ve been injured by an unsafe vehicle, call Bye, Goff & Rohde, Ltd., your Wisconsin Personal Injury Lawyers.

The Right to Jury Trial in Civil Personal Injury Cases

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Persons injured in motor vehicle accidents often ask if they have a right to a jury trial on their claim.  In federal court and in many state courts, the right to a jury trial in civil cases seeking money damages is a constitutional right.  That means that if a party properly invokes the right to jury trial, the contested issues of a fact will be decided by a jury.  The Seventh Amendment to the United States Constitution expressly preserves the right to jury trial in civil cases involving “common law” claims.  Most personal injury cases are based in tort, which is a “common law” claim.

https://www.law.cornell.edu/constitution/seventh_amendment

Some exceptions apply depending on the nature of the claims being made and the type of remedy being sought.  For example, if a party seeks a remedy that does not entail an award of money, or brings the claim under certain statutes passed by a legislature, the case may be decided by a judge without a jury.

A jury normally consists of members of the community who are not biased in favor of the injured party, the insurance company or other corporate interests involved in the case.  The jury can be expected to listen to the evidence and render a decision consistent with fair standards and the judge’s instructions on the applicable rules of law governing the case.

A party injured in an accident has the right to consult an attorney about the right to a jury trial and the pros and cons of submitting the claim to a jury.  The attorneys at Bye, Goff & Rohde, Ltd. offer free initial consultations to individuals who wish to explore their rights.  The toll-free number is 800-607-3030.