Cochran Firm Wisconsin Legal Blog

Wisconsin Senator Rich Zipperer said he was doing his best to protect jobs in Wisconsin, but he simply used the so-called "Special Jobs Session" to push forward legislation that steals your rights and protects corporate interests.

Among the many travesties he proposed was SB 13, a bill that would have protected dangerous drug makers and medical device manufacturers from lawsuits based on the injuries or deaths caused by their drugs, even if the drug maker knew the drug was dangerous, concealed information about the drug's dangers, and intimidated critics into silence.

Zipperer and other supporters of the bill claimed that it would have protected jobs in Wisconsin, but offered no evidence of this claim. Perhaps they should have looked to the robust jobs climate in Michigan, the only state that has so far passed such sweeping protections for drug manufacturers.

Michigan passed its prescription drug protection law in 1995 because it believed that such legislation would keep high-paying pharmaceutical drug manufacturers in the state, especially those located in Ann Arbor and Kalamazoo. Before the ink was even dry on the law, Upjohn Corp, one of the major pharmaceutical manufacturers the law was intended to protect, merged with Sweden's Pharmacia Corp. and promptly moved its headquarters out of state, cutting hundreds of jobs in Kalamazoo. But the final axe was saved for Pfizer who acquired Pharmacia and completely closed down the 109-year-old institution in 2003, cutting 1,200 more jobs. It would take $50 million in private contributions to try to replace those jobs, though actual employment as a result of this contribution was only a fraction of what had been removed. Then in 2007, Pfizer cut another 250 jobs in Kalamazoo County and a whopping 2,100 jobs in Ann Arbor.

That's how well Michigan was repaid for protecting drug companies from lawsuits. That's what they got in exchange for thousands of citizens who were unable to receive compensation for serious injuries, permanent disabilities, or the loss of a loved one due to drugs that manufacturers may have known to be dangerous from the beginning.

The problem with bills like this one is that they are built on false logic. Protecting drug companies from lawsuits does not give them an incentive to keep jobs in Wisconsin. The money the company saves from lawsuits could fund a job in Wisconsin. Or it could fund a job in Shanghai or Düsseldorf. Or it could be pocketed as profit, which it probably would be. The pharmaceutical industry reports higher profits than almost any other industry, more than 5 times the average of other industries on the Fortune 500 list. As Pfizer was shutting down its facilities in Kalamazoo, it was pocketing a 21.6% profit, for example.

But the person who is hurt, the person who needs that compensation to pay excess medical bills or needs to make up for lost wages due to disability, that person is in Wisconsin. And when that person is unable to get compensation for his injuries, he will need support from his family and likely W2 and Medicare, which means that you and I will pay to support him through taxes.

We all want to create or maintain jobs in Wisconsin, but this is not the way to do it. Please contact your representatives and senators in the Wisconsin Legislature to tell them you do not support future legislation like this one.

And if you have been hurt by a dangerous or defective drug or medical device, our attorneys are prepared to keep fighting for your rights as we have done for years, and with the additional resources of The Cochran Firm, we hope to be able to do even more. Please schedule a free case evaluation today to learn how we can help you.

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If you were injured in a car accident, there is a statute of limitations that establishes the time frame in which you can file a personal injury lawsuit. Likewise, there are time limits in which insurance companies must respond to claims filed by policyholders.

Unlike statutes of limitation, however, insurance company deadlines are set by the agencies themselves and not by legislators. While most car insurance providers state they will address claim requests within one week to 30 days, they may take longer to investigate the circumstances of the accident, assess damages and present a compensation offer.

If the car accident did not result in injuries and fault is easily assigned, you may receive a speedy settlement offer from the insurance company. If the accident involved multiple vehicles and injuries, however, it may be months before you receive a settlement offer.

In any car accident in which you suffered injury due to another driver’s negligence, you should contact the experienced Milwaukee car accident attorneys at The Cochran Firm Wisconsin. Insurance companies will attempt to limit what they have to pay, and insurance settlement offers are rarely sufficient to cover medical bills, let alone other expenses that will accumulate as you recover from your injuries.

If you were injured in a car accident and would like more information about your legal options, please contact the Milwaukee personal injury attorneys at The Cochran Firm Wisconsin to schedule a free case evaluation.

Although the same rules of the road apply to motorcyclists and the drivers of passenger vehicles, the injuries sustained by bikers in car vs. motorcycle accidents are often more severe.

The obvious size and weight difference is one contributing factor for injuries, but motorcyclists also have less bodily protection and face a greater risk for ejection. While all motorcyclists are advised to wear helmets, and Wisconsin mandates that all riders under 18 wear a helmet, even bikers with helmets are vulnerable to severe injuries.

Injuries commonly suffered by bikers in collisions with cars include:

• Broken/fractured bones
• Cuts/lacerations
• Disfigurement
• Internal injuries
• Severed limbs
• Spinal cord injuries
• Traumatic brain injuries

The occupants of cars can certainly experience the same types of injuries, but motorcycle riders are at a much higher statistical risk for catastrophic and fatal injuries.

Like other types of traffic accidents, driver error is to blame in most car vs. motorcycle accidents. Though negligence by either driver can contribute to an accident, a majority of car and motorcycle collisions are the result of the car’s driver not being aware of the motorcycle’s presence.

Other common causes of car vs. motorcycle accidents include:

• Driving under the influence
• Failure to yield or stop
• Speeding
• Tailgating
• Unsafe lane changes or passing

If you were injured in a car and motorcycle accident and have questions about your legal options, please contact the Milwaukee personal injury attorneys at The Cochran Firm Wisconsin for a free consultation.

When you lose a loved one due to another person’s negligence, you have a right to file a wrongful death lawsuit. Wrongful death applies to any fatal accident that was caused by the negligence or recklessness of a third party. The spouse, children, and other immediately family members of the deceased may be entitled to monetary compensation for both their financial and personal losses.

Damages in a Wrongful Death Lawsuit

In the state of Wisconsin, surviving family members can file a wrongful death lawsuit to receive compensation for several types of damages, including:

• Medical expenses prior to death
• Funeral expenses
• Projected future income
• Projected future financial contributions, including tuition and mortgages
• Financial support for dependent children
• Loss of companionship

When you lose a loved one in an accident, the accompanying emotional turmoil can be overwhelming. The attorneys at the Cochran Firm Wisconsin have years of experience helping families who have lost a loved one receive the full compensation they are due. Nothing can bring your loved one back, but the attorneys at the Cochran Firm can help ensure that practical considerations and emotional suffering are properly addressed.

If you have lost a loved one in an accident caused by a third party in Milwaukee or surrounding areas of Wisconsin, please contact the experienced wrongful death attorneys at the Cochran Firm Wisconsin today to schedule a free consultation.

Federal regulations have been established to protect truck drivers against fatigue and make the road a safer place for everyone. The Federal Motor Carrier Safety Administration (FMCSA) requires that truckers get adequate rest every day to avoid driving while fatigued, which is a leading cause of truck accidents in Wisconsin.

Like any business, trucking companies are interested in maximizing their profit. In order to do this, they often burden their drivers with unrealistic schedules, requiring them to drive for much longer stretches of time than federal law allows – all in the name of making a quick delivery.

The Effects of Driving While Fatigued

According to the Department of Transportation, being awake for more than 16 hours at a time has the same effect on your body as two alcoholic beverages. Even when fatigue is battled with caffeine, the effects of driving without enough sleep include:

· Delayed reaction time

· Falling asleep at the wheel

· Decreased attention to your surrounding environment

These effects are dangerous on any driver, but trucks are much more likely to cause serious injury to people in passenger vehicles. When you or a loved one sustains an injury caused by a fatigued truck driver, you have a right to seek compensation.

If you live in Milwaukee or surrounding areas of Wisconsin and have been injured by a fatigued truck driver, please contact the experienced truck accident attorneys at the Cochran Firm Wisconsin to schedule an initial consultation.

No truck is perfectly balanced. Fuel tanks, batteries, and other factory-supplied offsets can significantly impact the symmetry of a cab. If cargo is not properly loaded to balance a truck’s weight, the truck itself can become very dangerous.

If you have ever been on the highway when a truck lost its load, you know how frightening it can be. Cargo falling from a truck is dangerous both as it falls and once it hits the roadway. Worse still, an unbalanced load places additional stress on the cab of the truck, potentially leading to brake failure and axel breaks. Unbalanced truck loads greatly increase the chances of a truck accident occurring.

Dangerous Truck Loads

According to the Federal Motor Carrier Safety Administration (FMSCA), shifting cargo is one of the leading causes of truck accidents. If a load is not properly tied down, it increases a trailer’s risk of rolling over, as well as the risk of jackknifes. Cargo safety standards developed by the FMCSA require loads be properly balanced and secured, but in their rush to make a quick delivery, many companies fail to comply with these regulations, putting everyone on the road at risk.

If you or a loved one has been injured by an unbalanced truck in Milwaukee or surrounding areas of Wisconsin, please contact the experienced truck accident attorneys at the Cochran Firm Wisconsin today schedule a free consultation.

Trucking companies in Wisconsin are regulated by both state and federal safety regulations. The Federal Motor Carrier Safety Administration (FMCSA) requires that all trucking companies submit to an audit within eighteen months of entering into business. In these audits, the FMCSA checks to make sure that:

Additionally, these audits check to ensure that trucking companies are keeping accurate driving logs and proper service records for all of their trucks. Failure to comply with these regulations automatically results in a company being shut down.

Accidents Caused by Failure to Comply with Safety Regulations

When a truck accident is caused by a company’s failure to comply with safety regulations, there are severe legal and financial repercussions. If you or a loved one is injured in an accident with a truck driver whose company neglected to comply with FMCSA regulations, you can hold the company itself liable for all of your injuries.

The Wisconsin truck accident attorneys at the Cochran Firm have years of experience investigating truck accidents and proving fault in these often complex cases. You may have a right to seek full compensation from trucking companies for medical expenses, property damage, lost wages, and pain and suffering. We will fight to ensure you receive all of the damages you are entitled to.

If you or a loved one has been injured in a truck accident in Milwaukee or surrounding areas of Wisconsin, please contact the experienced truck accident attorneys at the Cochran Firm Wisconsin today to schedule an initial consultation.