Bye Goff & Rohde http://www.byegoff.com Tue, 21 Feb 2012 20:12:29 +0000 en hourly 1 http://wordpress.org/?v=3.1.2 Winter Driving Conditions Claim Lives http://www.byegoff.com/winter-driving-conditions-claim-lives/ http://www.byegoff.com/winter-driving-conditions-claim-lives/#comments Tue, 21 Feb 2012 16:05:39 +0000 admin http://www.byegoff.com/?p=707 News reports detail another tragic fatal accident recently, with four teenagers killed on I94 as they returned from the Twin Cities to college at North Dakota State University.  Winter conditions, including snow, ice and fog, were blamed for the accident.

Although licensed drivers are generally aware of the danger winter conditions pose on the roads, only the exercise of extra caution and careful driving matched to the weather conditions can help ensure safety.  Drivers must proceed slowly, in rested and undistracted condition.  Unnecessary trips should be avoided until roads have been cleared of ice and snow.

Tragic loss of life is the unfortunate reminder of the danger of winter driving.

http://www.postbulletin.com/news/stories/display.php?id=1487493

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]]> http://www.byegoff.com/winter-driving-conditions-claim-lives/feed/ 0 River Falls High School Mock Trial Team Wins Region http://www.byegoff.com/river-falls-high-school-mock-trial-team-wins-region/ http://www.byegoff.com/river-falls-high-school-mock-trial-team-wins-region/#comments Wed, 15 Feb 2012 19:22:18 +0000 admin http://www.byegoff.com/?p=703 The River Falls High School Mock Trial Team captured its fifth regional title in the last eight years on Saturday in Eau Claire, Wisconsin.  Along with the Team’s teacher-coach, three attorney-coaches from Bye, Goff & Rohde helped the team prepare for competition.

In mock trial, high school students tackle a case each year, serving in the roles of lawyers and witnesses.  The “lawyers” learn to direct witnesses, conduct cross-examination, lodge objections, and make opening statements and closing arguments.  The “witnesses” testify in character based on affidavits provided.  The competition is judged by real judges and lawyers in a courtroom setting.

This year’s case involved adverse possession, a boundary dispute between two neighboring families who each laid claim to an area of land adjoining their respective properties.

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]]> http://www.byegoff.com/river-falls-high-school-mock-trial-team-wins-region/feed/ 0 What does it mean to be “immune” and how would immunity laws affect my case? http://www.byegoff.com/what-does-it-mean-to-be-%e2%80%9cimmune%e2%80%9d-and-how-would-immunity-laws-affect-my-case/ http://www.byegoff.com/what-does-it-mean-to-be-%e2%80%9cimmune%e2%80%9d-and-how-would-immunity-laws-affect-my-case/#comments Wed, 25 Jan 2012 17:34:19 +0000 admin http://www.byegoff.com/?p=696      When a negligent person is immune they cannot be held legally accountable for their negligence.  When immunity protects a wrong-doer, the injured person will not be compensated for his or her injuries.  Wisconsin has numerous immunity statutes that favor negligent people over injured people.  However, you should never assume that immunity applies.  If you are injured under circumstances where immunity is a possibility, you should consult an attorney immediately.  This is particularly important when the government is negligent.  Under such circumstances, there are strict notice requirements that must be complied with on a timely basis in order to pursue a claim.

     Some examples of Wisconsin immunity laws that apply fairly commonly in tort cases include governmental immunity, which may extend to governmental contractors, Wis. Stat. § 893.80; recreational immunity, Wis. Stat. § 895.52; equine immunity, Wis. Stat. § 895.481; and contact sports immunity, Wis. Stat. § 895.525.  New immunity laws are being enacted frequently so this list will lengthen in the future.

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]]> http://www.byegoff.com/what-does-it-mean-to-be-%e2%80%9cimmune%e2%80%9d-and-how-would-immunity-laws-affect-my-case/feed/ 0 Pre-existing conditions: Will they bar my claim? http://www.byegoff.com/pre-existing-conditions-will-they-bar-my-claim/ http://www.byegoff.com/pre-existing-conditions-will-they-bar-my-claim/#comments Tue, 24 Jan 2012 16:11:17 +0000 admin http://www.byegoff.com/?p=693 A person injured in an accident can recover money damages for the injury caused by the accident.  “Cause” means the accident was a substantial factor contributing to the injury.  An injury may have more than one cause, and the accident only need be “a” cause, not necessarily “the” cause, of an injury in order for the person to recover.

A pre-existing condition, even with similar symptoms and regions of the body involved, does not bar a claim as long as the accident was a cause, meaning a substantial contributing factor, that made the problem worse or different.

An injured person can get more information about their rights by contacting a lawyer.

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]]> http://www.byegoff.com/pre-existing-conditions-will-they-bar-my-claim/feed/ 0 Do my doctors need to support my case? http://www.byegoff.com/do-my-doctors-need-to-support-my-case/ http://www.byegoff.com/do-my-doctors-need-to-support-my-case/#comments Tue, 24 Jan 2012 15:59:57 +0000 admin http://www.byegoff.com/?p=689 A party injured in an accident has the burden to prove the severity of the injury, as well as the reasonableness of healthcare the party has received in the past and is likely to need in the future.  To meet that burden of proof, the injured party may hire an attorney.  The attorney will obtain medical records and opinions from the party’s treating doctors.  In order to meet the burden of proof, the doctor must express an opinion on the severity of the injury as well as express the opinion that the injury was caused by an accident and that the healthcare treatment is reasonable.

Without the doctor’s support, the injured party will have a hard time meeting the burden of proof and supporting the claim.

A trial lawyer experienced with doctor testimony can be a significant asset in pursuing a claim for injury.

 

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