Wisconsin Worker’s Compensation: What is an IME (Independent Medical Exam)?

May 17, 2012  /  By: Mark Krueger, Trial Lawyer of Krueger & Hernandez SC  /  Category: Litigation, Personal Injury, Worker's Compensation

Recently, I received a call from a new client.  She called because friends and family told her she needed an experienced worker’s compensation attorney.  Although her family thought she needed an attorney, she wasn’t sure because all was well with her case and in fact she was scheduled for an “IME”.  Having practiced worker’s compensation law for more than 27 years I am well aware that many times, following an IME, benefits are either substantially decreased or in some cases immediately stopped.  The new client proceeded to explain to me her thoughts of an IME indicating that she was under the impression that it was a doctor hired by the State of Wisconsin through the Department of Workforce Development to make sure that she was being properly medically cared for and to confirm her claim.  There was nothing to fear, nothing to worry about and this doctor was going to be on “her side”.  She didn’t know what she didn’t know!

I explained how wrong she actually was about the IME.  I told her that it is anything but “independent” and the doctor was paid for by the insurance company for her employer.  The doctor’s job was not to diagnose and treat but to find medical defenses for the insurance company to use in defending her worker’s compensation claim.  I explained to my client, who later that day retained my services, to be very careful at the independent medical examination and only answer questions about the accident and the accident injuries.  I told her to bring a witness to document how much time is actually spent with the doctor as opposed to sitting in the waiting room.  My experience is that often times these “IMEs” take just a matter of minutes but the reports generated are many pages and appear to have taken substantially longer to prepare.  I reminded her that this doctor was not going to tell her anything about his findings or diagnosis and was not going to be prescribing any physical therapy, prescription medication or anything for that matter. 

My new client will now be attending the IME with knowledge to help with the process.  I truly anticipate the doctor finding some fault with either my client’s claim, the extent of her injuries or how well she is recovering.  It may be that the insurance company immediately cuts off payments.  However, we are in the process of preparing so that if bad things happen following the IME we can immediately request our hearing with the Department of Workforce Development to make sure that our client goes no longer than absolutely necessary with either a decrease or a complete loss of benefits.

I have been representing workers injured on the job for 27 years.  Our fees are paid for out of a percentage of the recovery and if there is no recovery there are no fees.  All of our initial consultations are at no cost and no obligation.  Within a few minutes we can discuss your legal options that will help you get through a difficult worker’s compensation case.  If you, a family member or loved one have been injured on the job and have any questions please contact Attorney Mark L. Krueger for a free, no obligation consultation at (866) 455-2993.

 

 

Vaccine Compensation Law: Mandated HPV Vaccines – Does Your State Mandate The Vaccine?

May 16, 2012  /  By: Mark Krueger, Trial Lawyer of Krueger & Hernandez SC  /  Category: Litigation, Medical Related Injuries, Personal Injury, Vaccine

In 2006, the HPV vaccine was approved for young, teenage girls, claiming to be an important cervical cancer prevention tool.  In 2007, Texas governor, Rick Perry, mandated the HPV vaccine after it had only been approved for one year.  Sometime thereafter by executive order governor Perry’s mandate was overwritten and governor Perry choose not to veto the executive order.  More than five years later there has been little rush from others to mandate the vaccine.  If there is so much evidence supporting the vaccine as a form of cervical cancer prevention as well as prevention from STD’s, the question is, then, why are not more states “jumping on the band wagon?”

At least as of the time of this blog, there have only been two other jurisdictions mandating HPV vaccines.  Virginia had originally mandated the vaccine but allowed parents to opt-out of the vaccine after reviewing information on the vaccine and by filling out the necessary paperwork.  In early 2011, the Virginia House of Representatives voted to end the mandate while a Senate committee voted against that measure making the mandate in affect although parents again, are permitted to opt-out.  The senate recently defeated that bill and returned it to committee, leaving the mandate in place.  (February 27, 2012).

In addition, Washington, D.C. has mandated HPV vaccines with the exception being a parent is allowed to opt-out of the vaccine for their daughter.

In 2007, at least 24 states plus the District of Columbia introduced legislation to mandate HPV vaccine for schools but yet as of now, only Virginia and the District of Columbia have such mandates.

Whether or not a vaccine should be mandated is not the subject of this article.  What is important to know is that there are reasons for why there was such a commitment to mandating the HPV vaccine just five years ago yet so few states have followed through.  It could be, that with the HPV vaccine there is risk.  Of course, all drugs carry a risk of an adverse reaction; however, there seems to be an extraordinary risk associated with the HPV vaccine.

In addition, there are questionable test results and various studies with differing results as to the effectiveness of the HPV vaccine as well as the need for the vaccine.  In addition, as more time goes by, more and more young women are suffering serious adverse reactions related to the HPV vaccine including death, convulsions, paralysis, paresthesia, Guillain-Barre Syndrome (GBS), transverse myelitis, facial palsy, chronic fatigue syndrome, anaphylaxis, autoimmune disorders, deep vein thrombosis, pulmonary embolisms and cervical cancer.

We are currently representing families and young women who have had serious adverse reactions to the HPV vaccine including two young women who have suffered premature ovarian failure.  We have filed our claim and are in the process of proving that the premature ovarian failure caused by the HPV vaccine.   We are working with medical experts from around the world to establish our claim which currently is pending in the U.S. Court of Claims.

All parents should seriously consider the implications of vaccinations regardless of the vaccine.  However, special concern needs to be given to whether young girls should be vaccinated against HPV.  Even in those states that mandate the vaccine, parents can opt-out.  This means all of the information has to be gathered to make an informed decision on what is the best option for your child.  Do not blindly follow the masses and have your daughter vaccinated unless you determine it to be the best alternative.

Beware of side effects and adverse reactions to the HPV vaccine and immediately have your child treated for these side effects.  Remember to tell the treating doctor that your daughter recently received the HPV vaccine.  This is true whether your child has an adverse reaction to the HPV vaccine or any other vaccine.  In addition, adults can have adverse reactions to tetanus vaccines, the flu vaccine, H1N1, etc.  Many people overlook their illness not linking the illness to the vaccine often times leading to a delay in diagnosis and treatment.

We represent both adults and children who have suffered severe adverse reactions and in some situations death due to vaccines.  We represent clients across the country whether through our New York, Chicago, Wisconsin offices.  If we have to meet we will travel and meet with you at no cost to you.  Fees and costs are paid by the Vaccine Injury Program so that there is no financial risk for you to explore or proceed with a vaccine injury claim. 

Should you have concerns or questions about a child or a loved one who has received the HPV vaccine or any other vaccine in which there have been any adverse reactions please contact us to discuss your options.  There is no cost, no obligation and is many situations time is of the essence.  If you are in the Chicago area please call us at (312) 988-4830, New York City call us at (212) 521-4192, in Wisconsin or anywhere else in the country call us at our toll free number at (866) 455-2993.

Vaccine Compensation Law: HPV “Gardasil” Vaccine: Do The Risks Warrant The Benefits?

Apr 26, 2012  /  By: Mark Krueger, Trial Lawyer of Krueger & Hernandez SC  /  Category: Litigation, Medical Related Injuries, Vaccine

In the process of representing clients with adverse reactions to the HPV vaccine and in particular clients who have suffered pre-mature ovarian failure linked to the HPV vaccine, it brings me to ask the question of whether or not parents should be allowing their daughers to receive the HPV vaccine.  The Human Papillomavirus (HPV) vaccine is suppose to prevent cervical cancer; however, studies do not fully demonstrate that it plays a role in preventing cervical cancer.  In addition, there are many serious adverse reactions including convulsions, paralysis, Guillain-Barre Syndrome (GBS) transverse myelitis,  chronic fatigue and in some cases even death. There are many other serious adverse reactions linked to the HPV vaccination.

The difference with drugs and vaccinations is that prescribed drugs are generally associated with treating an illness while vaccines are given to healthy individuals to prevent a future disease.  All drugs including vaccines have some risk of adverse reactions.  Since vaccines are a special category of drugs, i.e. drugs given to healthy individuals, only a small level of risk for adverse reactions is acceptable. 

Take the time to explore the evidnece of both the need and risks of the HPV vaccine before vaccinating your daughter.  There are pros and cons with the vaccine with studies supporting both sides.  Make an informed decision.  If vaccinated, be aware of the side effects and get your daughter treated if they persist.

The Vaccine Injury Compensation Program administrated through the US Court of Claims is designed to compensate people who have had adverse reactions including death to vaccinations.  I represent people throughout the country whether it be in New York, Chicago, Wisconsin or any other state or city.  Any fees and costs associated with the case are paid for by the Program so there is no financial risk to you or your family in exploring and pursuing a vaccine injury compensation claim.  I have been representing injured victims and their families for 27 years and would be honored to have the opportunity to talk to you about your vaccine injury claim. 

If you or a loved one have had an adverse reaction to the HPV vaccine or any other vaccine please do not hesitate to contact me for a no cost, no obligation consultation.  Please contact Attorney Mark L. Krueger in our Chicago office at (312) 988-4830, New York office at (212) 521-4192 or our toll free number at (866) 455-2993.

Wisconsin Personal Injury Law: It was Just an Accident! Really?

Apr 24, 2012  /  By: Mark Krueger, Trial Lawyer of Krueger & Hernandez SC  /  Category: Litigation, Personal Injury

In the 27+ years in which I have been representing victims injured in car accidents caused by the negligence of others, I have heard it said many times by defense attorneys and insurance adjusters that their client or their company is not responsible because it was “just an accident”.  These people argue that the car crash was unavoidable, just one of those things, and as a result, no one is responsible for the injuries caused by the event.

Hopefully, around the house you are not like me; however, if you are, you have found yourself in doctor’s offices and emergency rooms after a failed home improvement project claiming it was “just an accident”.  If you are like me, there is never enough time and there are always too many projects so everything is done in a hurry.  Over the years, these rushed projects have resulted in trips to the doctor and emergency rooms, stiches, tetanus shots, pain killers, etc.  Although I say “it was just an accident,” in retrospect, each accident was caused by my negligence.  Thankfully, my negligence hasn’t hurt others; however, if it had I would have been responsible. 

Car accidents are no different.  Accidents are caused by a negligent driver.  It could be caused because of inattentive driving, talking on a cell phone, texting, playing the radio, bending down to pick up a dropped item, eating while driving, etc.  It could be caused by driving too fast for either weather or traffic conditions.  Sometimes, it is caused because the driver is simply thinking of something else other than safely operating his or her automobile.

I have yet to see a car accident that just happens without someone being at fault.  Accidents do not just happen, they happen because of the negligence of the driver.  Sometimes, proving that negligence is difficult and that is when it is necessary to hire an experienced personal injury attorney.  Sometimes, engineering experts are required to prove the speed, direction of travel and other explanations for the accident.  Proving that the other driver was responsible for your accident can be the difference in whether you receive a monetary recovery for your damages.

I have been representing victims and their families seriously injured, and in some cases killed, as a result of the negligence of another driver.  I represent families on a contingency fee basis so there is never a fee unless there is a recovery.  Hopefully, you are never in an accident, or, if you are, not seriously injured.  However, if you, a loved one or a friend have been seriously injured in a motor vehicle accident of any kind whether semi-trailer/truck, automobile, motorcycle, sport utility, etc., please contact me for a free, no cost, no obligation consultation.   At the meeting, we will discuss your options and the benefits of legal representation.  Please call our toll free number in Wisconsin at (866) 455-2993 to schedule a meeting.

 

Vaccine Compensation Law: Flu Vaccine Injury Claim

Apr 20, 2012  /  By: Mark Krueger, Trial Lawyer of Krueger & Hernandez SC  /  Category: Litigation, Medical Related Injuries, Vaccine

Recently, we settled an injury claim in the National Vaccine Injury Compensation Program for a client who suffered Guillain–Barré Syndrome as a result of the flu vaccine.  Guillain–Barré syndrome (GBS) is a disorder in which the body’s immune system attacks part of the peripheral nervous system.  In this case, we claimed that the disorder was caused by the flu vaccine.  Over the course of the past several years, we have represented many people suffering from GBS claimed to have been caused by the flu vaccine.

As a result of our experience, we were able to locate an expert witness who confirmed the cause.  We filed our petition with the United States Court of Federal Claims, Office of Special Master in the summer of 2011 and within the last few weeks were able to convince the Secretary of Health and Human Services that we had a strong claim and a resolution was reached.  We were able to reach a resolution without a hearing.  Ultimately, our client will receive a six figure settlement. 

Although this case was resolved somewhat quicker than the norm, our experience with these types of cases and our reputation with the attorneys who represent the government in the process helped with a speedy resolution.  The compensation our client received was to help offset his lost wages both in the past and in the future as well as the pain, suffering and discomfort caused by the GBS.  Although he is making a good recovery there may be some long-term effects as a result of the injuries. 

Our client’s compensation received from the Program is tax-free.  In addition, all of the costs and attorney’s fees associated with this case are paid for by the Program so that our client did not have to incur any out-of-pocket expenses pursuing the vaccine injury claim. 

With the help of Krueger & Hernandez’s vaccine injury team and, of course, the help of our client, we were able to achieve a substantial settlement in less than one year from filing our Petition.  This case is an example of the services that we can provide to you, a loved one, family member or friend, should you or they have been injured as a result of a vaccine.  This case involved an adult.  While many of our cases do involve adults with injuries from vaccines such as the flu vaccine, tetanus, etc., we also represent children and their families as a result of injuries that children receive from a multitude of vaccines.  Again, there is no financial cost to you in pursuing a claim as the Program pays for all fees and costs, of which we front, so there is no out-of-pocket expense incurred by you.  Again, the recovery is also tax free.

Should you have any questions or concerns about a vaccine injury claim please do not hesitate to contact us.  We represent people throughout the United States and will travel at our expense to meet if necessary.  We have offices in New York City, Chicago and Wisconsin to serve your needs.  I have been helping people and their families as a result of injuries and deaths from vaccines for more than 27 years.  I would be glad to answer any of your questions.  Should you have any questions and would like to discuss at no cost or obligation please call us in Chicago (312) 988-4830, New York (212) 521-4192 or our toll free number (866) 455-2993. 

 

Vaccine Compensation Law: I Have Transverse Myelitis (TM). Can It Be Related To My Vaccine?

Apr 17, 2012  /  By: Mark Krueger, Trial Lawyer of Krueger & Hernandez SC  /  Category: Litigation, Medical Related Injuries, Vaccine

Transverse Myelitis (TM) is a neurological disorder.  Generally, inflammation across the spinal cord causes damage by destroying Myelin which is the fatty insulation that covers nerve cell fibers.  The inflammation causes scars that interrupt communications from the spinal cord to the rest of the body.  TM is often referred to as an autoimmune disorder.  This means that a person’s immune system is not properly working.  Transverse Myelitis can be caused by viral or bacterial infections as well as certain vaccinations.

Symptoms of Transverse Myelitis vary from person to person.  Generally, it starts with sudden lower back pain followed by muscle weakness and/or abnormal sensations in the lower extremities of your toes and feet.  It can rapidly deteriorate to more severe symptoms and sometimes even leads to paralysis, urinary problems and loss of bowel control.

Most patients recover from Transverse Myelitis with minor or limited residual problems while others suffer permanent impairments that affect their day-to-day activities.

Certain vaccines have been linked to Transverse Myelitis.  Vaccines linked to TM include the seasonal flu vaccine, tetanus, measles, mumps and rubella (MMR) and Hepatitis B vaccines. 

If you, a family member or a loved one have received one of these vaccines and have recently been diagnosed with Transverse Myelitis that occurred around the time as your vaccine, you may be entitled to compensation through the National Vaccine Injury Compensation Program.  This is a program that was developed by the United States Government back in the 1980’s to help victims suffering from adverse vaccine reactions obtain compensation to help offset serious and disabling injuries and the impact the injuries have on their lives.

Although the program was developed to simplify matters it is a complicated procedure that requires the need of an attorney able to represent victims in the program.  I have been representing people and family members with serious side effects from vaccines including death for 27 years.  My clients are from all around the country. 

It costs you nothing to retain our services.  Our fees are a separate claim that we deal with directly through the program so that you have no obligation for attorney’s fees.  In addition to our fees, our costs are also paid for by the program.  Your award is not reduced by attorney’s fees or costs.  We advance those costs so, again, there is no financial risk to you or your family in retaining our services to represent you in a vaccine injury compensation claim.

We have offices in Wisconsin, including Madison and Baraboo, and also offices in Chicago and New York City.  If you do not live close to one of our offices, I will travel to meet with you in or near your home and can also communicate via Skype. 

If you or a loved one have suffered any injuries following a vaccine including, but not limited to, Transverse Myelitis, following a flu, tetanus or MMR vaccine, please do not hesitate to contact me to discuss your legal options.  We have helped many individuals and their families recover millions of dollars through the program over the course of the years and look forward to the opportunity of serving you.  Please feel free to call our toll free number at (866) 455-2993 , email me at mark@kh-law.net, or comment below.

Wisconsin Personal Injury Law: Teen Drivers – Are They at Risk or is it Our Imagination?

Apr 12, 2012  /  By: Mark Krueger, Trial Lawyer of Krueger & Hernandez SC  /  Category: Litigation, Personal Injury

In reviewing some literature of late, I came across a few articles concerning teaching teens to be safe drivers.  The information was to be used as part of National Teen Driver’s Safety Week which is generally the third week of October.  After reading the article I felt compelled to write about it now, six months before Safety Week.  Considering all of the high school activities in spring it seems more appropriate to address the issue now as opposed to next fall.

I learned that 8 American teens die from injuries in motor vehicles every day.  That is almost 3,000 deaths per year.  If a drug were causing this many deaths every drug company in the world would be researching and developing a “cure”.

In 2009, 3,000 teens between the ages of 15 and 19 died from motor vehicle crash injuries.  Of course, this does not even take into account the number of teens injured in motor vehicle crashes.

We, as responsible adults, have an obligation to help our teenagers stay safe while driving cars.  Not only do we owe it to the teenagers but we also owe it to the people that they injure.  Unfortunately, research has demonstrated that you cannot scare teenagers into making smart choices.  This is true even though insurance companies have demonstrated over the years that people under the age of 25, especially males, have the most auto accidents.  It is no wonder that insurance rates don’t start dropping until after age 25. 

There is no easy answer as to how to get the message across especially considering that a teenager’s ability to exercise sound judgment is less developed than an older driver’s ability because frontal lobe development lags behind all other types of maturation.  There is one reason why teenagers don’t seem to hear us!  Medical evidence shows that the last part of the brain to develop is the frontal lobe which is the area of the brain where functions like sound judgment are controlled.  Although teens work, drive cars, vote and  go to war, their judgment remains immature.  Simple statistics may be the best way to help get the message across.  Ask your teenager why a car with 5 passengers is more dangerous than a car with 1?  I suspect there will be little, if any, response although statistics show that the risk of an accident is multiplied by every additional passenger in the vehicle.  It is for that reason that many states limit the number of passengers in a car driven by a new driver as well as limit how late they can drive at night. 

Of course, in addition to increasing the likelihood of an accident by the number of passengers, cell phones are another serious cause for concern.  Ask your teenager if they know that their eyes are off the road 4.6 seconds out of every 6 seconds when they text and drive.  This means that for every minute of driving while texting their eyes are on  the road approximately 14 seconds.  Even a teenager must admit that driving with their eyes closed for 47 seconds every minute is leaving too much to chance.

Of course, alcohol is still a major concern.  There will be times when your children make mistakes.  As parents, consider adopting a “free ride home” or, as I call it in my house, “don’t ask, don’t tell” policy.  This means that when your teenager makes a bad choice they can call you without judgment or penalty, admit they have made some mistakes that evening, ask for and get a ride home without being disciplined.  This can be tough; however, your teenager needs to know that they can count on you without judgment or penalty if they make a mistake.  The other option is not getting a call home leaving your teenager to the mercy of another friend who may be in even worse condition than your teenager or, worse, having your teenager drive while drunk.

Finally, put in the effort of asking important questions every time your teenager is about to leave the house.  Statistics show that teenagers have a lower injury rate from car wrecks when their parents asked the tough questions.  Ignoring it will not make it go away but asking some of the questions below can help:

  • Where are you going?
  • Who is driving?
  • How many are going to be in the car?
  • Will you be drinking?
  • Will the driver be drinking?
  • What precautions for a designated driver have been taken?
  • Where are you going to be stopping?
  • When will you be home?
  • You do know you can call if you make a mistake?

A parent’s worst nightmare is the late night call about an arrest or injury of a child.  Following these tips and having discussions may prevent you and your family from receiving that call.  Although a difficult topic ignoring it is not the answer.

I have been representing injured victims from accidents due to the negligence of others for 27 years.  I know what it takes to work with insurance companies for a successful recovery and am prepared to try the case if necessary.  We represent injured victims on a contingency fee basis which means you pay nothing if there is no recovery.  We hope that you or a loved one are never injured in an accident.  Unfortunately, we know that statistics show that it can and will happen.  If you or a loved one are injured in an accident by the negligence of another, please contact me for a free, no cost, no obligation consultation to discuss your rights.  Do your best to prevent teenager’s injuries but if injuries do happen, explore your legal rights to recover money damages.

Wisconsin Personal Injury Law: How Much Car Insurance Do I Need?

Apr 05, 2012  /  By: Mark Krueger, Trial Lawyer of Krueger & Hernandez SC  /  Category: Litigation, Personal Injury

If you are reading this from Wisconsin you know that recent changes in the minimum insurance that we are required to carry on our automobiles was changed by Governor Scott Walker.  A few years ago, the minimums were substantially increased under the promise that the additional insurance was needed to help compensate injured victims as the result of the negligence of others and the increase in the cost of premium was minimal.  One of Scott Walker’s first acts in office was to repeal that law and return to the old minimums.

Regardless of the minimums how much insurance you need depends on many factors that you should thoroughly consider.  Once you consider all of the coverages that you need you then have to have a conversation with your insurance agent to discuss the cost of the premium to meet those needs.  You can then make a decision but please do not make the mistake that many do by “pinching pennies” on insurance coverage.  Saving a few dollars a month in insurance premiums is much like the ad for the mechanic a few years ago that said, “you can pay me now or you can pay me later”.  I represent victims injured by the negligence of others and have often had to advise my clients that there simply is not enough insurance coverage to compensate them for their injuries and damages. 

There are three types of insurance coverage that come into play in an automobile accident.  One is your own liability coverage which means if you negligently operate your vehicle and it causes injury to another you have insurance coverage to compensate that injured victim for his or her injuries.  Remember, that insurance coverage has to be sufficient to cover their medical expenses, pain and suffering, lost wages, out-of-pocket expenses, etc.  Medical expenses have and will continue to increase.  Depending upon how much time is lost from work and the type of work the person was doing the lost wages can be substantial.  Generally, $100,000 of coverage does not go very far toward paying a victim with serious injuries. 

Of course, nobody plans on getting in an accident and causing serious injuries.  Remember, you may not be planning the accident but you may allow someone to use your car who gets in an accident and the insurance for the car is always primary.  Again, consider and plan for the worst case scenario remembering that if the person’s damages exceed the amount of liability insurance coverage the injured victim can come after you.

Next is uninsured and underinsured motorist coverage.  First, in Wisconsin and in most other states you are required to have uninsured motorist coverage.  That insurance coverage is to help compensate you and your passengers if injured by the negligence of an uninsured motorist.  This would also apply to you if you were a pedestrian or riding your bicycle and you were injured by an automobile without insurance.  Although most states require liability insurance there are many, many drivers without liability insurance leaving up vulnerable to being injured and having nowhere to turn to receive compensation. 

Again, the minimums for uninsured motorist coverage in Wisconsin is minimum and you need substantially more than the minimum.  The same issues apply to the amount of liability coverage which is what happens to you if you are seriously injured by the negligence of another.  What will your lost wages be?  What will your medical expenses be?  Of course, we do not hope to be in an accident and seriously injured but you do need to plan for the worst.

Finally, there is underinsured motorist coverage which is similar to uninsured but applies in situations when you are injured by somebody with not enough insurance to compensate you for your damages.  The definition of underinsured motorist was recently affected by Governor Walker’s modification of the law but should be thoroughly discussed with your agent and reviewed in your policy.  Sometimes, underinsured simply means somebody with less insurance than you carry.  In those situations, it is always better to have a substantial amount of liability insurance making sure that your underinsured motorist coverage kicks in.  Again, if a negligence drivers injures you or your family and has insurance then your uninsured motorist coverage does not apply but your underinsured would apply.  For the same reasons you need more than the minimum for uninsured you also need for underinsured.

Again, these issues are personal in nature and you need to look at your personal financial situation.  Compare costs by various companies and agents. 

Of course, we would like to be able to avoid being in or causing an accident.  Unfortunately, none of us can predict the future and control every situation.  The reality is that you may be in an accident.  Hopefully, if you are in an accident you are not seriously injured; however, if you are seriously injured, insurance coverages and how they apply to your case are difficult issues and you need to have those issues addressed by an experienced personal injury attorney.  I have been representing injured victims in automobile, motorcycle, bicycle, etc., accidents for 27 years.  Prior to law school I worked an insurance company and part of my job was assessing what coverages apply in different situations.  I can help you sort through the difficult task of determining insurance coverages, contacting and working with insurance companies, making sure your medical expenses are resolved and the bill collectors are not pounding on your door.  These cases are generally offered on a contingency fee which means you do not pay for our services unless and until there is a recovery.  All of my initial consultations are free and there is never an obligation for you or your family to come in and talk with me and explore your rights.  Again, make sure you have enough insurance coverage and in the unfortunate event of an accident please do not let your rights pass you by.  Call for a no cost, no obligation consultation.

Vaccine Compensation Law: Am I Responsible for any Costs, Like Expert Witnesses, Travel, etc. if Filing a Claim With the VICP?

Apr 03, 2012  /  By: Mark Krueger, Trial Lawyer of Krueger & Hernandez SC  /  Category: Medical Related Injuries, Personal Injury, Vaccine

VICP (The National Vaccine Injury Compensation Program) was established in 1986 to help compensate vaccine recipients and their families who have been severely injured as a result of adverse effects from certain vaccines. Over the course of the years, I have represented many victims and their families who were seriously injured or died from adverse reactions to vaccines.  I can represent people throughouth the country and in many states such as Wisconsin, New York and Illinois.  Over those years, a common question is:

Am I responsible for any costs, like expert witnesses, travel, etc.?

Answer: There are costs. The filing fee for the Vaccine Petition is $350. Also, you may need to hire experts. The amount of the costs depend on the expert. Most of the out of pocket costs are recoverable at the end of the case are paid for by the program. Again, as long as the claim is filed in good faith and on time you will not be personally responsible for fees or costs.

If you have any questions about the vaccine injury program, please contact me for a free, no obligation consultation or comment below.

Wisconsin Personal Injury Law: It’s That Time of Year – Drivers Be On Guard!

Mar 27, 2012  /  By: Mark Krueger, Trial Lawyer of Krueger & Hernandez SC  /  Category: Litigation, Personal Injury

For most of the Country including Madison, Baraboo and the rest of the State of Wisconsin, spring has come early.  With the arrival of spring come more outdoor activities including bicycling and motorcycling.  As motorists, it has been months since we have encountered a bicycle or motorcycle while driving our car.  Because of that, more diligence on the part of both cyclists and automobile drivers is important.

Bicyclists and, of course, motorcyclists, are bound the follow the same rules of the road as automobile drivers.  Unfortunately, sometimes the bicyclists are young, inexperienced and unfamiliar with the rules of the road.  This means that drivers need to be extra diligent and never assume the bicyclist is going to do the right thing.  As you approach an oncoming bicyclist or as you approach an intersection in which a bicyclist is also approaching from a different direction, pay particular attention to the bicyclist’s activities.  Try to make eye contact if at all possible but do not assume the bicyclist is going to stay in their lane of travel without giving you notice or that they are going to stop at the stop sign.

On the other hand, bicyclists and motorists, remember that it has been months since car drivers have encountered you on the roads.  Keep that in mind as you are approaching intersections, changing lanes, etc.  Assume the car driver does not see you until eye contact is made.  Strictly follow the rules of the road and, again, never assume the car driver sees you until there has been some acknowledgment by the driver.

Unfortunately, even with these precautions, accidents do happen. Hopefully, if you are involved in such an accident, the injuries are minor; however, if you are seriously injured in an accident caused by the negligence of another whether on a bicycle or a motorcycle please do not hesitate to contact us for a no obligation, no cost meeting.  Generally, we handle these cases on a contingency fee basis which means there is no payment for our services until and only if there is a recovery.  We have represented both motorcyclists and bicyclists in severe personal injury and even wrongful death cases and are well versed on what is required to obtain the maximum recovery for our clients.  If you are not sure if your injuries are severe enough to warrant contacting an attorney please understand that it costs nothing to talk to us about the case.  We will candidly discuss your case and if it is appropriate will represent you. 

I have been representing victims injured by the negligence of others whether while on a bicycle or motorcycle for 27 years.  Part of those 27 years I spent defending insurance companies so I am well aware of what insurance companies require to obtain a maximum recovery for my clients.  Again, drive safe, be cautious and be on the outlook this time of year when there is much more outdoor activities including motorcycling and bicycling.  However, if you, friend or loved one are injured as a result of the negligence of another while on a motorcycle, bicycle or any other type of motor vehicle please do not hesitate to contact me to discuss your options.  Please feel free to check out our website www.kh-law.net for more information.  If you want to discuss your case, please feel free to use our toll free number (866) 455-2993.