Hardam Tripathi, Esq.
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+1 (863) 599-6735About Milwaukee Legal Pros
At Milwaukee Legal Pros, we provide exceptional criminal defense, immigration, and personal injury representation with a steadfast commitment to justice and client care. Founded by Hardam H. Tripathi, a former federal legal professional, our firm blends skill, experience, and client-centered advocacy.
Home to some of Wisconsin's top attorneys, Milwaukee Legal Pros is a leader in criminal and personal injury law, known for excellence, integrity, and relentless pursuit of justice.
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Our Services
Are you facing criminal charges, any immigration-related matters, or grappling with a personal injury in Milwaukee? The legal system can feel like an unforgiving maze, whether you’re standing accused or seeking the justice you rightfully deserve. We understand the weight these challenges can bring—the emotional toll and the financial strain. With unwavering dedication and expert guidance, we're here to support you all the way, every step until justice has its say.
Motorcycle Accidents
If you've been injured in a motorcycle accident, our legal team can help you get the compensation. Motorcycle accidents often result in serious injuries, financial hardship, and emotional distress. Our experienced motorcycle accident lawyers are dedicated to fighting for your rights. We'll work to ensure you receive full compensation for your injuries, pain, suffering, lost wages, and damage to your motorcycle.
Car Accidents
If you've been involved in a car accident, our legal team is here to help. We understand how stressful it can be to navigate legal matters, injuries, and insurance companies after an accident. That's why we're committed to helping you get the compensation you deserve so you can focus on your recovery.
Trucking Accidents
Trucking accidents can have a devastating impact on your life. Due to the size and weight of commercial trucks like 18-wheelers and semis, these collisions often result in severe injuries and property damage. If you or someone else has been in such an occurrence, you don't have to deal with this situation alone. Our dedicated team is here to provide you with all kinds of support to compensate for your problems.
OWI Defence (Dui Defense)
OWI (Operating While Intoxicated) defense refers to the legal strategies and arguments used by attorneys to challenge allegations of driving under the influence of alcohol or drugs. The law does recognize various offenses related to OWI accidents, which can lead to serious criminal charges and penalties. These defenses try to ensure the accused's rights while perhaps reducing or dismissing the charges. We are here to help you deal with the legal proceedings so that you receive the compensation you deserve.
Drug Charges
Drug charges in the United States cover a wide range of offenses, including the illegal possession, distribution, manufacture, and trafficking of restricted drugs. These charges can vary greatly, depending on federal and state regulations, the sort of drug used, and the quantity in question.These charges can result from having equipment used to make drug or use drug. If convicted, you could face fine or prison time.
Felonies
Felonies are serious crimes, typically defined as offenses punishable by imprisonment for more than one year. These crimes encompass a wide range of actions, such as murder, armed robbery, and drug trafficking. Wisconsin law categorizes felonies into nine classifications, from Class A to Class I, with each class carrying specific penalties associated with it.
Green Card Through Marriage
Married to a U.S. citizen or lawful permanent resident and eager to start a new chapter together in the United States? The prospect of obtaining a green card through marriage is exciting. However, it can also be legally complex and emotionally overwhelming. In Wisconsin, specific rules and regulations under federal immigration law intersect with state-specific considerations, making skilled legal guidance essential to your success.
Green Card Through Immediate Relative
Are you longing to reunite with your family members who are U.S. citizens and eager to make the United States your permanent home? Obtaining a green card through an immediate relative offers a direct path to lawful permanent residency. However, the process is often layered with complexities and strict legal requirements. We understand the challenges and are committed to guiding you every step of the way under both federal immigration laws and Wisconsin statutes.
Green Card Through Consular Processing
If you are living outside the United States and ready to begin your journey toward obtaining lawful permanent residency, this service is for you. Consular Processing offers a pathway for individuals who wish to secure a green card while residing abroad. While the process can be intricate and filled with legal and procedural challenges, we are here to provide expert guidance and dedicated support, ensuring your transition to life in the United States is as seamless as possible.
Why Choose Us
Experienced Legal Representation
Skilled attorneys providing expert guidance in personal injury and criminal defense cases.
Proven Success Record
Successfully handled numerous cases, achieving favorable outcomes for personal injury and criminal defense.
Aggressive Legal Advocacy
Relentlessly fight for your rights, securing justice and optimal results for your case.
In-Depth Local Knowledge
Extensive familiarity with Wisconsin’s courts, judges, and legal procedures to strengthen your case.
Affordable and Transparent Fees
Competitive pricing with clear fee structures, providing top-tier legal representation without hidden costs.
Skilled Negotiation and Litigation
Strong negotiators and courtroom advocates ensure the best results for your legal matters.
Emergency Legal Support
Available 24/7 to assist with urgent personal injury or criminal defense needs.
Thorough Case Investigation
Comprehensive evidence gathering and analysis to build a strong and effective legal strategy.
Every Essential Quarry for Our Clients
Get The Justice You Deserve
Milwaukee Legal Pros is here to fight for you with expertise, compassion, and dedication. Your case gets our full attention, and we’re committed to protecting your rights every step of the way. Let’s talk—schedule a consultation today.
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December 21, 2024
How to Prove Negligence in a Slip and Fall Accident in Milwaukee
One moment, you are going about your day—feeling secure and in control. The next, you are lying on the ground, hurt and uncertain about what comes next. A slip-and-fall isn’t just an accident; it’s a disruption of your life, a jarring reminder that safety isn’t always guaranteed. However, you don’t have to accept the consequences quietly.
Every detail matters. From identifying hidden hazards to gathering critical evidence, the way you handle the situation can make all the difference. In Milwaukee, the law is clear, but the first step is yours. Here’s how to build a powerful case and reclaim control of what’s been taken from you.
1) Understand the Duty of Care in Milwaukee Slip and Fall Cases
In Milwaukee, property owners have a responsibility to keep their premises safe. This obligation, known as the duty of care, depends on why you were on the property.
Invitees, such as customers in a store, are owed the highest level of care. Property owners must regularly inspect for hazards and address them promptly.
Licensees, like social guests, are owed a safe environment but without the same rigorous inspections. Owners must warn of any known dangers.
Trespassers have limited rights, but property owners cannot create conditions intended to cause harm.
To prove negligence, you must demonstrate that the property owner owed you a duty of care based on your status on the property. For more about safety standards and regulations, visit the U.S. Consumer Product Safety Commission.
2) How to Establish a Dangerous Condition in a Slip and Fall Accident
You need to show that a hazardous condition existed on the property. Common examples of dangerous conditions include:
Wet floors without visible warning signs increase the risk of slipping.
Uneven pavement can easily cause trips and falls.
Poor lighting in areas like stairwells makes it hard to see potential hazards.
Loose rugs or flooring can catch your feet and cause sudden falls.
Documenting the dangerous condition is necessary. Take photographs, gather surveillance footage, and collect witness statements to support your claim. These pieces of evidence show the property owner knew or should have known about the hazard and failed to address it. Explore the National Floor Safety Institute (NFSI) for research and statistics on common hazards. Their studies reveal how dangerous conditions cause slip-and-fall incidents, offering credible data to strengthen your case.
3) Prove the Property Owner Knew (or Should Have Known) About the Hazard
To prove negligence, you must show that the property owner knew about the hazardous condition or should have reasonably known about it. There are two key questions to consider when establishing this:
Was the hazard left unattended for an unreasonable amount of time?
A long-standing spill, loose rug, or uneven pavement signals the property owner's failure to address hazards promptly. For example, if a spill in a store was ignored for hours, it shows negligence. The longer the hazard is present, the more likely the owner should have noticed and fixed it.Did the property owner fail to conduct routine maintenance or inspections?
Property owners are expected to regularly inspect their premises for safety hazards. If the owner neglected routine inspections or failed to maintain the property, it can demonstrate that they were negligent in preventing accidents. If a stairwell light burned out weeks ago and remained unrepaired, the owner likely knew about its dangerous condition.
Gathering evidence is important in proving the owner’s knowledge or lack of action. Employee testimonies, maintenance records, or surveillance footage can show that the owner was aware of the hazard or should have noticed it. This evidence will help strengthen your case by demonstrating that the property owner’s inaction directly contributed to your injury.
4) Show the Owner Failed to Act in Addressing the Hazard
Once the property owner is aware of a hazard, they have a duty to take action. If they fail to fix the problem or warn visitors about the danger, you can establish negligence. Here’s how:
Ignoring the hazard
If the property owner notices a problem and ignores it, they clearly neglect their responsibility to maintain a safe property. For example, if an employee sees a spill in an aisle and ignores it, they risk shopper safety.
Failing to address it promptly
If the owner knows of a hazard and fails to fix it within a reasonable time, they act negligently. If a broken step is left unrepaired for days or weeks, the owner is not acting swiftly to protect visitors.
Not providing sufficient warnings
If a dangerous condition exists, the owner should warn people about it. For instance, if a wet floor is left without a warning sign, visitors won’t be aware of the risk. A simple sign could have prevented the accident.
Property owners are expected to maintain safe conditions not only to prevent injuries but also to meet legal standards. For instance: the Occupational Safety and Health Administration (OSHA) emphasizes the importance of identifying and correcting slip-and-fall hazards in workplaces and public spaces.
5) How to Connect the Property Owner's Negligence to Your Injury
To prove negligence, show that the property owner’s actions or inactions directly caused your slip, fall, and injuries. This connection is essential for a strong case.
Medical records
Your medical records can demonstrate that the injuries you sustained were the result of the fall. Doctors’ notes, diagnoses, and treatment plans help establish the direct link between the incident and your physical harm.
Accident reports
Filing an accident report at the time of the incident can serve as an official document confirming the circumstances of your fall. This report provides important details about the hazardous condition and the events leading up to your injury.
Witness testimonies
If anyone saw the accident happen, their statements can help clarify how the hazard contributed to your fall. A witness who saw you slip on a wet floor or uneven pavement can directly link the hazard to your injury.
This evidence proves the property owner's negligence caused your harm, strengthening your case and supporting your compensation claim.
6) Understanding Wisconsin’s Comparative Negligence Law in Slip and Fall Cases
Wisconsin follows a comparative negligence rule, meaning the court will reduce your compensation if you share any responsibility for the accident. The amount of fault you carry will directly impact how much you can recover.
If you ignored a visible “wet floor” sign and slipped, the court may assign partial fault to you. If the court finds you 20% responsible, your compensation will be reduced by that same percentage.
Understanding this rule is important because it can affect your case. Even if you’re partially at fault, you can still receive compensation, but the amount will be adjusted. A skilled lawyer will guide you through this process, ensuring the facts are clear and your level of fault is accurately determined.
7) Why Milwaukee Legal Pros is Your Best Choice for Slip and Fall Claims
Dealing with the legal process after a slip and fall accident can feel complicated, especially when insurance companies are involved. A skilled personal injury attorney can help in several ways:
Gather and preserve evidence
To prove negligence in a slip-and-fall accident, having strong evidence is critical. Milwaukee Legal Pros will collect photos, accident reports, and witness statements to establish how the property owner's negligence caused your injuries. This evidence can strengthen your case and make it harder for the other side to deny responsibility.
Negotiate with insurance companies
Insurance companies often try to minimize payouts or deny claims entirely, making it hard for victims to get fair compensation. Our experienced attorneys know the tactics insurers use and will fight to get you the compensation you deserve. By negotiating on your behalf, we ensure you are not taken advantage of during this process.
Represent you in court, if necessary
If the insurance company refuses to offer a fair settlement, Milwaukee Legal Pros will take your case to court. Our attorneys are prepared to advocate for you, presenting compelling evidence and arguments to prove negligence and secure a favorable outcome. You can rely on us to guide you through every step of the legal process.
We know the impact a slip and fall can have on your life. Our team will work hard to prove negligence and fight for the compensation you deserve. Contact us today for a free consultation, and let us start working on your case.
December 14, 2024
Do I Need a Lawyer for a Minor Car Accident in Milwaukee
At first glance, a minor car accident might feel like nothing more than a passing inconvenience. A fender bender, a small disruption in the flow of your day. But life, as it often does, has a way of revealing the cracks beneath the surface. What begins as a simple mishap can twist into something more complex—hidden injuries that don’t show themselves until later, insurance companies questioning your claims, and complications you never anticipated. It’s tempting to brush it off, to tell yourself it’s not worth involving anyone else. But even the smallest events can grow beyond your control.
Here in Milwaukee, the question of whether to hire a lawyer after a minor accident is not one to take lightly. The answer could be the line between protecting what’s rightfully yours and falling into costly missteps. So let’s take a closer look at the factors at play—the ones that will help you decide if seeking legal help is the right choice for your situation.
1) When You Might Not Need a Lawyer
In some cases, handling a minor car accident on your own makes sense. If the circumstances are straightforward, you can likely navigate the process without legal assistance. Here’s when going solo might work:
No Injuries or Minimal Vehicle Damage
If everyone involved walked away without any injuries and the damage to the vehicles is minimal, hiring a lawyer may not be necessary. Medical concerns often complicate cases, but if you’re confident there are no physical effects—now or later—you can usually handle the matter directly with your insurance provider. Always document the scene thoroughly with photos and a written account, as this can help close the case quickly.
Clear Liability and Agreement Between Parties
When both parties agree on who caused the accident and there’s no dispute over fault, resolving the situation becomes much simpler. Wisconsin follows an at-fault system, meaning the driver responsible for the accident is liable for damages. If the facts of the accident are undisputed and the other driver’s insurance accepts fault, you can likely reach a resolution without legal help.
Quick and Fair Insurance Settlements
Insurance companies can sometimes process claims efficiently, particularly for minor accidents where liability is clear. If your insurer or the at-fault driver’s insurer promptly pays for the damages and you’re satisfied with the settlement, you might not need to involve a lawyer. Just be sure to review the settlement carefully to confirm it fully covers your expenses before accepting the payment.
2) When a Lawyer Could Be Beneficial
Even a minor car accident can bring unexpected complications, making legal assistance invaluable. Here are scenarios where hiring a lawyer can make all the difference:
Late-Appearing Injuries Like Whiplash or Concussions
Not all injuries show up immediately after an accident. Conditions like whiplash, concussions, or soft tissue injuries may take days—or even weeks—to fully manifest. Without a lawyer, it can be challenging to prove these injuries are related to the accident, especially when insurance companies question the timing. A skilled attorney can gather the necessary medical evidence and negotiate with insurers to secure fair compensation for late-appearing injuries.
Disputes With Insurance Companies Over Claims
Dealing with insurance companies can be frustrating, especially when they deny claims, offer inadequate settlements, or challenge liability. Adjusters may downplay the extent of your damages or delay payments, leaving you without the support you need. An attorney will know how to counter these tactics, ensuring you receive the compensation you deserve without unnecessary delays.
Shared Fault and Wisconsin’s Comparative Negligence Rule
Wisconsin’s comparative negligence law can complicate even minor accidents. If you’re partially at fault, your compensation decreases based on your share of the blame. For example, if you’re found 20% at fault, you can only recover 80% of your damages. When liability is unclear or disputed, an attorney can build a strong case to minimize your fault percentage and maximize your recovery.
Inadequate Settlement for Out-of-Pocket Costs
Repair bills, medical costs, and other expenses can quickly exceed what the insurance company offers in a settlement. If your compensation falls short of covering your actual losses, a lawyer can fight for a better outcome. This is especially important if future expenses, like ongoing medical care or vehicle depreciation, aren’t accounted for in the initial offer.
Wisconsin’s Legal and Insurance Complexities
From understanding your insurance policy’s fine print to complying with the state’s three-year statute of limitations for personal injury claims, there are many legal details to manage. An experienced attorney will handle these complexities for you, ensuring every deadline is met and no opportunities for compensation are overlooked.
3) Key Legal Considerations for Car Accidents in Milwaukee
When dealing with a car accident in Milwaukee, understanding Wisconsin’s unique legal and insurance requirements can help you navigate the aftermath more effectively. Here’s what you need to know:
Wisconsin’s Minimum Car Insurance Requirements
Wisconsin operates under an at-fault insurance system, which requires drivers to carry liability coverage to pay for damages if they cause an accident. The minimum insurance requirements in Wisconsin are:
$25,000 for bodily injury or death per person.
$50,000 for bodily injury or death per accident involving multiple people.
$10,000 for property damage.
While these limits meet legal requirements, they may not fully cover damages in more severe accidents. Ensuring you have sufficient coverage—like uninsured/underinsured motorist protection—can safeguard you from significant financial burdens.
Handling Claims Against Uninsured or Underinsured Drivers
Not all drivers on Milwaukee roads carry adequate insurance, despite it being legally required. If you’re hit by an uninsured or underinsured driver, recovering compensation becomes more challenging. In such cases, your own uninsured/underinsured motorist coverage (UM/UIM) can step in to cover damages. However, insurers often contest UM/UIM claims, making it crucial to have legal representation to secure a fair payout.
Statute of Limitations
Wisconsin enforces a three-year statute of limitations for personal injury claims resulting from car accidents. This means you have three years from the date of the accident to file a lawsuit. Missing this deadline can forfeit your right to compensation, even if your injuries or damages are significant. It’s equally important to act quickly for property damage claims, as they may have shorter timeframes depending on your insurance policy.
4) How a Lawyer Can Help
When you’re involved in a car accident, even a minor one, having an experienced lawyer in your corner can make all the difference. Milwaukee Legal Pros is here to ensure you’re protected, informed, and fully compensated. Here’s how we can help:
Free Case Evaluation to Assess Your Legal Needs
We start with a thorough case evaluation. Our team examines the details of your accident, from police reports to medical records, to determine if pursuing legal action is the best course. We offer clear, practical advice so you can make informed decisions about your next steps, whether that involves filing a claim, negotiating a settlement, or taking the matter to court.
Managing All Communications With Insurance Adjusters
Dealing with insurance adjusters can be stressful and time-consuming, especially when they’re trained to minimize payouts. We step in to handle all communications with insurance companies on your behalf. Milwaukee Legal Pros knows how to counter lowball offers and push back against tactics designed to devalue your claim, allowing you to focus on recovery instead of paperwork.
Ensuring Full Compensation for Medical Costs and Damages
Beyond covering obvious costs like vehicle repairs, you deserve compensation for every loss the accident caused. This includes medical expenses, lost wages, future treatment needs, and even pain and suffering. Milwaukee Legal Pros conducts a comprehensive analysis of your damages, ensuring no aspect of your claim is overlooked. Our goal is to secure the maximum compensation you’re entitled to under Wisconsin law.
Meeting Legal Deadlines and Avoiding Costly Mistakes
Navigating Wisconsin’s legal system can be daunting without expert guidance. From filing claims within the state’s three-year statute of limitations to meeting insurance deadlines and addressing legal complexities, we make sure your case stays on track.
December 5, 2024
In Wisconsin, Can Someone Sue You Exactly 3 Years and 5 Days After An Auto Accident For Personal Injury?
In Wisconsin, individuals who want to file a personal injury lawsuit stemming from an auto accident must do so within a specific time frame as per the law. According to Wisconsin Statute § 893.54, the statute of limitations for such cases is typically three years from the date of the accident. If someone tries to sue you 3 years and 5 days after the accident, the statute of limitations will likely bar their lawsuit, unless an exception applies.
Understanding this legal timeframe is crucial for both accident victims seeking compensation and those defending against potential claims. Here are a few key considerations:
General Rule: Wisconsin's Three-Year Personal Injury Deadline
Wisconsin law requires individuals to file personal injury claims within 3 years from the date of the accident. This rule ensures the timely resolution of legal disputes. Additionally, it preserves the integrity of evidence, including witness testimonies and physical documentation, which may deteriorate over time.
If you miss the three-year deadline to file their claim, you are usually prohibited from taking legal action. This rule applies no matter how strong your case is or how clear the evidence of fault or damages might be.
Therefore, you should act promptly when pursuing compensation for injuries, medical expenses, property damage, or other losses resulting from an accident. Missing the deadline can lead to a permanent loss of the opportunity to recover damages. You will have to stand the financial and personal burdens alone.
Are There Any Exceptions to Wisconsin's Three-Year Personal Injury Rule?
Wisconsin law allows several exceptions to the standard 3-year statute of limitations for personal injury claims. These exceptions account for unique circumstances that might delay a claimant's ability to file on time. Here’s how they work:
Wrongful Death: If someone passes away due to injuries from an accident, the timeline for filing a wrongful death claim is different. You usually have 2 years from the date of the person’s death to start the legal process under Wisconsin Statute § 893.54(2m). This gives families time to grieve while still protecting their legal rights.
Discovery Rule: Sometimes, injuries aren’t immediately apparent after an accident. If the injured person couldn’t reasonably discover their injury within the standard time frame, the timeline for filing a lawsuit might begin later. This situation falls under Wisconsin’s discovery rule (§804), which applies to statutes of limitations. Under this rule, the clock starts ticking when the injury is discovered or reasonably should have been discovered, not from the accident date.
Claims Involving Minors: Wisconsin law considers minors (individuals under 18) legally disabled. They may need additional time to file a personal injury lawsuit. The statute of limitations for minors pauses until their 20th birthday or they become legally emancipated. From that point, they have 2 years to file their claim. However, this exception does not apply to medical malpractice cases, which have their own specific rules.
Mental Illness: For individuals who are mentally ill, Wisconsin law provides extra time to file a personal injury lawsuit. The statute of limitations clock pauses for people deemed mentally ill and unable to manage their affairs. Once their mental illness ends, they have 2 years to file their claim. However, this exception has a cap. The law limits extensions to 5 years (under §893.16 (1)), regardless of the mental illness's duration.
Government Entities: Filing a claim against the government is trickier and comes with shorter deadlines. You need to give formal notice within 120 days of the accident. If you miss this step, your claim could be denied entirely. You must act quickly when a government entity is involved.
What Happens If a Claim Is Filed Close to the Deadline?
If the injured party files their lawsuit just before the three-year deadline, but you receive the notice 3 years and 5 days later, the lawsuit might still be valid. The critical factor here is the date the lawsuit was filed with the court, not the date you were served with the notice. Here's how it works:
Filing Date: The statute of limitations requires filing the lawsuit within 3 years of the accident. As long as the injured party submits their paperwork to the court within this period, they have met the legal requirements.
Service of Process: After filing, the injured party must serve you with the lawsuit notice. This process can sometimes take a few days or even weeks. If you receive the notice 3 years and 5 days after the accident, it doesn't invalidate the lawsuit as long as the filing date was within the three-year limit.
This distinction is important because it ensures that, even with delays in the administrative process of serving the notice, the injured party preserves their right to seek compensation. Be prepared to respond to a lawsuit, even if you receive the notice slightly after the three-year mark.
Defense Strategies Against Late Personal Injury Claims
If you are sued after the three-year statute of limitations has passed, there are defense strategies your attorney can use to protect you. One of the most effective strategies is filing a motion to dismiss the case based on the statute of limitations.
Your attorney can argue that the lawsuit is too late and should be dismissed. Your attorney can point out that the plaintiff did not meet the required filing deadline, which is set by law.
Once a motion to dismiss is filed, the plaintiff bears the burden. They will need to provide evidence or arguments to support an exception to the statute of limitations. Such exceptions might include the discovery rule or the plaintiff being a minor or mentally ill at the time of the accident.
Most of the time, your first instinct might be to inform your insurance company immediately after an auto accident. As legal experts, we advise you not to inform your insurance when you don’t plan on using your coverage. There are valid reasons to consider not reporting the accident. If you're curious to learn more, check out this: Should You Report a Wisconsin Accident to Insurance Without Using Coverage?
Takeaway
In most cases, suing 3 years and 5 days after an accident is too late under Wisconsin law. Missing this deadline could mean losing your right to seek compensation, no matter the severity of your injuries or damages. Consulting a qualified attorney ensures your rights are protected and evaluates potential exceptions in your situation. If you've been involved in an accident, reach out to us for a free consultation and case evaluation.