Cochran Firm Wisconsin Legal Blog

Wisconsin Senate Bill To Protect Dangerous Drug Makers Fails

2011-11-15T13:09:00.000-08:00

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.

How Long do Insurance Companies have to Settle a Car Accident Claim?

2011-10-27T08:01:00.000-07:00

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.

Car vs. Motorcycle Accidents

2011-10-25T09:59:00.000-07:00

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.

What is Wrongful Death?

2011-07-13T11:25:00.000-07:00

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.

Truck Driver Fatigue

2011-07-12T11:24:00.000-07:00

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.

Unbalanced Truck Loads

2011-07-11T11:23:00.000-07:00

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 and Failure to Comply with Safety Regulations

2011-07-08T11:22:00.000-07:00

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:

All drivers are licensed
All drivers have passed drug testing programs
All drivers are properly insured
All drivers are medically capable of performing their job

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.

The Difference Between “Intrastate” and “Interstate” Trucking

2011-07-07T11:18:00.000-07:00

When “intra” precedes a word, it means “within”. When “inter” precedes a word, it means “between.” While similar in sound, the two words hold very different meanings and, when it comes to truck accidents, very different legal implications.

Interstate Trucking

Interstate transportation is heavily regulated by the federal government. Specific laws must be followed in each state. For example, in some states it is illegal for a truck to enter the left-hand lane. Even if this is not the law in the state the truck originated from, the driver must adhere to the regulations of each state he drives through. Additionally, each state a truck passes through will have rules regarding registration and fees. The company the trucker works for is responsible for making sure these technicalities are taken care of in every state their driver will pass through.

Intrastate Trucking

Intrastate transportation has fewer federal regulations. While the trucker must still hold a commercial driver’s license and pay regulatory fees, they only need to be aware of a single set of state laws, since they will not be leaving the state they originated from. Truckers who travel within their state may still be driving for a long distance, but accidents caused by intrastate truckers are often considered less complex.

Both interstate and intrastate truck accidents can result in severe penalties for trucking companies. In the state of Wisconsin, people who have been injured by either type of trucker can turn to the Cochran Firm to aggressively pursue negligent truck drivers and the companies that employ them.

If you have been injured by a commercial truck in Milwaukee or surrounding areas of Wisconsin, please contact the experienced truck accident attorneys at the Cochran Firm Wisconsin today to schedule a free initial consultation.

How is Fault Determined in a Car Accident?

2011-07-06T11:17:00.000-07:00

Determining fault in a car accident can be simple. For example, accidents caused by drivers who are intoxicated do not require much proof of fault. In other instances, however, determining who is responsible for an accident may not be so black and white, which is why you need the experienced Wisconsin car accident attorneys at the Cochran Firm on your side.

In the event of a car accident, several factors are considered in order to determine fault. A person can be found at fault for an accident if they fail to abide by traffic laws, or if they failed to drive responsibly. Immediately following an accident, police officers and insurance adjustors will rush to the scene in an attempt to determine who caused the accident.

It is a good idea to photograph the scene on your own to document the damage and any dangerous road conditions that may have contributed to the accident. It is important that you do not admit fault to anyone on the scene of an accident. When giving your statement to the police, stick to the facts about the accident; do not speculate about who or what might have caused it.

In Wisconsin, even if you are considered 40% responsible for an accident, you still have a right to file a personal injury lawsuit. If you admit fault, or if you try to represent yourself without an attorney’s help, your chances of receiving compensation for your injuries greatly decreases.

Our experienced attorneys will carefully investigate the cause of your accident and help you establish a case. Only by working with a qualified attorney can you be sure that you are rewarded fairly for all of your injuries.

If you have been injured in a car accident in Milwaukee or surrounding areas of Wisconsin, please contact the experienced car accident attorneys at the Cochran Firm Wisconsin today to schedule a free initial consultation.

Common Causes of Car Accidents

2011-06-30T17:25:00.000-07:00

Every year, thousands of people throughout Wisconsin are injured or killed in car accidents. Sadly, many of these accidents could have been avoided if the person responsible had merely been paying attention and abiding by the rules of the road.

Of course, sometimes even careful drivers can find themselves involved in an accident. One of the leading causes of car accidents is weather, which can catch the best of us off-guard and change a normal driving surface into a slick road hazard.

The Five Most Common Causes of Car Accidents

In descending order, the five most common causes of car accidents are:

Distracted drivers
Driver fatigue
Drunk driving
Speeding
Aggressive driving

In all of these instances, common sense and proper attention can prevent accidents from happening. When you or a loved one sustain an injury because of a negligent driver, our experienced car accident attorneys can help you recover compensation for your medical bills, lost wages, and pain and suffering.

If you have been injured in a car accident in Milwaukee or surrounding areas of Wisconsin, please contact the experienced auto accident attorneys at the Cochran Firm Wisconsin today for a free initial consultation.

How Long Do I Have to File a Case After a Car Accident?

2011-06-29T15:25:00.001-07:00

When you are injured in a car accident in Wisconsin, you have three years to file a lawsuit. This three-year time period can follow the exact date of the accident, or it can be extended to three years from the discovery of your injury.

The Discovery Rule

Car accident injuries such as traumatic brain injury may take months to show any symptoms, which is why it’s important to have a medical examination immediately following an accident, even if you feel fine.

If an injury is missed during your initial medical examination, or if you did not immediately seek medical assistance, it is possible that you may remain unaware of a serious injury for a long period of time. The Discovery Rule states that if an injury manifests itself months after an accident and can be traced directly back to the accident, victims have three years from the date of the injury’s discovery to file a lawsuit.

The Sooner You File, the Better

Waiting to file your lawsuit can have a negative impact on the outcome. Your medical bills and loss of financial security will compound prior to the expiration of the statute of limitations, and your ability to seek full compensation can also be compromised. Because of this, it’s important to contact an experienced car accident attorney as soon as possible after an accident to ensure you are fully awarded for all of your injuries.

If you have been injured in a car accident in Milwaukee or surrounding areas of Wisconsin, don’t wait for the statute of limitations to expire. Please contact the car accident attorneys at the Cochran Firm Wisconsin today to recover the compensation you deserve.

What are Compensatory Damages?

2011-06-28T15:20:00.000-07:00

There are two types of damages that can be awarded in a personal injury lawsuit: compensatory and punitive. Compensatory damages cover whatever amount of compensation the defendant owes to the plaintiff, whereas punitive damages exceed the amount of compensation and are designed to “punish” the defendant.

When you choose the Milwaukee, Wisconsin personal injury attorneys at the Cochran Firm, we will fight to help you receive the full measure of compensation you deserve.

What Compensatory Damages Include

When you file a personal injury lawsuit, you are entitled to ask for much more than the minimal sum offered by insurance companies in these cases. Damages sought in a personal injury lawsuit can include:

Current and future medical bills
Current and future lost wages
Loss of quality of life
Pain and suffering

No matter what the cause of your injury, if another party is responsible for it through their negligence or recklessness, you have a right to seek full compensation for your suffering. Our attorneys at the Cochran Firm will fight tirelessly to ensure that you and your family obtain the compensation you need to make a full recovery.

If you have been injured in any type of accident in Milwaukee or surrounding areas of Wisconsin, please contact the experienced personal injury attorneys at the Cochran Firm Wisconsin to schedule a free initial consultation.

FDA Recommends Changes to Zocor Warning Label

2011-06-23T12:03:00.000-07:00

The Food and Drug Administration (FDA) has recently recommended several changes to the warning label of Zocor and its generic equivalent, simvastatin. Zocor is taken to reduce cholesterol levels in patients.

These label changes were based on the findings of a seven year clinical trial called the Study of the Effectiveness of Additional Reductions in Cholesterol and Homocysteine. This study found that patients taking 80 mg of simvastatin experienced an increased risk of muscle injuries compared with patients taking a lower dosage of simvastatin or an alternative cholesterol reducing drug.

Based on these findings, the FDA has recommended that doctors only prescribe 80 mg of simvastatin to patients who have taken this dosage for at least one year without experiencing any muscle injuries. Additionally, 80 mg simvastatin should not be prescribed to any new patients. Instead, these patients should either receive a lower dose of simvastatin or an alternative drug.

The FDA has also specified certain contraindications and dose limitations for simvastatin when it is taken in conjunction with other drugs.

If you are currently taking Zocor or a generic form of simvastatin, you should consult your doctor to make sure your dosage falls under these new safety guidelines.

The experienced pharmaceutical injury lawyers at The Cochran Firm Wisconsin will review your case free of charge if you have suffered a muscle injury due to taking Zocor. If we believe you have a valid pharmaceutical injury claim, we will pursue your claim aggressively to ensure you receive the compensation you deserve.

Please contact our pharmaceutical injury lawyers today to schedule your free initial consultation. The Cochran Firm Wisconsin serves clients in Milwaukee, Wisconsin.

Defective Hip Implants in Milwaukee, Wisconsin

2010-10-27T11:21:00.000-07:00

In August 2010, a recall of over 93,000 hip implants was announced. The DePuy ASR XL Acetabular System, a hip socket replacement, and the ASR Hip Resurfacing System have both been shown to cause serious pain when improperly placed. The metal-on-metal implants release tiny particles of metal into the body causing tissue inflammation and bone loss in the hip and surrounding area. If you have one of these hip replacements implanted and have experienced hip pain, hip failure, or have required corrective surgery, you may be entitled to financial compensation for your pain and suffering, medical expenses, and more.

The Cochran Firm has offices located throughout the United States. Our Milwaukee, Wisconsin product liability attorneys are now accepting DePuy Hip Implant cases. Studies have confirmed that these defective medical devices have an "unreasonable rate of failure," and though the number of cases has not yet been confirmed, the FDA has received at least 400 complaints since 2008.

The FDA and the Consumer Product Safety Commission are government agencies charged with protecting the lives of consumers. As you know, not all products approved by the FDA are safe, even with the stringent requirements medical devices must meet to get FDA approval. Sometimes flaws in the design or manufacture of a product are not discovered until the product has been on the market for years, even decades.

If you live in the Milwaukee, Wisconsin area and have suffered due to a DePuy hip implant or any other medical device, please contact the product liability attorneys at The Cochran Firm's Milwaukee office today to schedule a consultation that is of no cost to you. After hearing the details of your case, our lawyers will advise you of whether or not you have a valid legal claim. We work on a contingency basis, which means no money is paid to us up front. If you receive a settlement or an award after trial, we take a pre-negotiated percentage of that amount.

Milwaukee Man Not Treated Correctly for Stroke

2010-09-22T08:21:00.000-07:00

Sam Denny realized he was suffering a stroke and drove himself to the closest urgent care facility. This nearby facility was a part of a hospital system with a certified Primary Stroke Center. When he arrived at the stroke center, he did not receive a clot-dissolving drug called tissue plasminogen activator (t-PA). This drug is approved for stopping strokes and drastically reducing the risk of disability associated with strokes.

Denny was taken to Froedtert Hospital in Milwaukee, Wisconsin for treatment of his stoke after going to the stoke center. Froedtert Hospital said they would have treated Denny with the t-PA if he had arrived sooner. Unfortunately, the window of opportunity to treat Denny with t-PA had lapsed by the time he arrived. Denny will need months of treatment for his disabilities.

Medical malpractice results when a medical professional fails to treat a patient correctly, misdiagnoses a patient, gives a patient the wrong medication, or acts in a negligent manner. Medical malpractice can cause the serious personal injury or wrongful death of a patient. In the case of Sam Denny, a medical facility that is certified to treat stroke victims, and had the proper medication to administer for a stroke, failed to get him the proper treatment in a timely manner.

Medical professionals have a responsibility to treat patients correctly and quickly. If you have been the victim of medical malpractice in Milwaukee, Wisconsin, please contact the Milwaukee medical malpractice attorneys at the Cochran Firm to schedule a consultation about your case.

Dangerous Drugs in Milwaukee, Wisconsin

2010-08-26T08:53:00.000-07:00

Millions of people in the United States are made sick or die from unexpected side effects and complications attributed to the drugs they were prescribed for their high blood pressure, arthritis, anxiety, diabetes, birth control, heart disease and the medical management of other conditions.

In recent years an ever increasing number of drugs have been recalled or taken off the market due to dangerous and unexpected side effects. The dangerous side effects may include angina, dizziness, heart attack, stomach ulcers, blurred vision, depression and suicide, and increased risk of stroke, kidney failure and lung disease.

The list of dangerous drugs that have compromised the well-being and lives of people all across this country includes, but is not limited to Avandia, Yaz and Yasmin, Zicam, Viagra, Prozac, Vioxx, Celebrex, Acutane, Crestor, Fosamax, Paxil, Trasylol and Reglan.

The dangerous drug attorneys at The Cochran Firm have the knowledge and medical and legal resources to fight the powerful drug companies to put the power of the law on your side and hold those who put profit over the well-being of the American consumer financially responsible for their negligence and wrong-doing.

If you live in the Milwaukee, Wisconsin area and you have experienced medical problems due to the side effects of a recalled dangerous drug, please contact the dangerous drug attorneys at The Cochran Firm today.

Common Car Accident Injuries

2010-08-19T09:56:00.000-07:00

A car accident has the ability to change your life forever in a few short seconds of frightening chaos. Injuries suffered in a car accident can be little more than a bump or bruise or as serious as a traumatic brain injury, paralysis and death.

Car accident injuries may include whiplash, brain and head trauma, spinal cord injuries, back and leg injuries, post traumatic stress disorder, severe burns, amputations and paralysis. Some car accident victims face life-long disabilities and medical conditions as a result of injuries suffered in a car accident. Even a minor fender-bender can injure your spinal cord and leave you in pain and unable to function for months or even years.

Every year negligent and reckless drivers cause thousands of car accidents that result in life-changing injuries to others and themselves. These negligent and reckless drivers need to be held responsible for the suffering they inflict on others, and the victims of the negligence and recklessness have the legal right to pursue financial compensation for their losses.

The experienced car accident injury attorneys at The Cochran Firm, Wisconsin, LLP have the knowledge and resources available to fight for your rights against insurance companies and opposing lawyers that refuse to treat you fairly and honestly.
If you live in the Milwaukee, Wisconsin area and you or someone you love has been injured in a car accident, please contact the experienced car accident injury attorneys at The Cochran Firm, Wisconsin, LLP today to obtain the help you need to protect your legal rights and get the financial compensation you deserve.

Fatal Automobile Accidents

2010-08-18T09:27:00.000-07:00

When someone you love is killed suddenly and without warning in a fatal automobile accident those left behind are left to deal with an event that has brought chaos and heartbreak into their lives.

Our nation’s highways are very dangerous places due to careless and distracted drivers, drunk or drug impaired drivers, those who refuse to obey the rules of the road, and hazardous road and weather conditions that adversely affect our ability to drive safely.

The individuals responsible for the wrongful death of a loved one in an automobile accident need to be held legally and financially responsible for the devastating losses you have suffered. The experienced car accident lawyers at The Cochran Firm, Wisconsin, LLP understand the pain you are suffering and know the last thing on your mind at such a sad time is a legal action. This is just the exact time you need a car accident lawyer to help you get the legal representation you need to cope with insurance companies and attorneys that represent the other parties involved in the car accident.

If you live in the Milwaukee, Wisconsin area and a family member was killed in a car accident, please contact the experienced car accident lawyers at The Cochran Firm, Wisconsin, LLP today to so we can focus on your case and get you the financial compensation that will help you in the future while you try to rebuild your life without the loved one you have lost.

Distracted Driving

2010-08-16T13:14:00.000-07:00

Reports indicate that 30% to 50% of all car accidents are the result of driver distractions. Driver distractions can include texting and talking on a cell phone, driver fatigue, eating and drinking, smoking, allowing pets to travel unsecured in the motor vehicle and riding with passengers that interfere with your focus on the task at hand.

Driving any motor vehicle is a complicated task that we take for granted, but that involves physical and mental coordination and quick reflexes, judgments and skills. Distracted driving is a risky and dangerous activity that endangers everyone on the road. The National Highway Traffic Safety Administration (NHTSA) reports that distracted driving is a major contributing factor in most crashes and near-crashes and the practice is just as deadly as drunk driving and more widespread.

The experienced car accident attorneys at The Cochran Firm, Wisconsin, LLP have the resources to search out the cause of a motor vehicle accident and expose any negligent behavior on the part of others involved in your accident that may have been the origin of the events that resulted in a car crash.

If you or someone you love was injured or killed in a car accident due to distracted driving in the Milwaukee, Wisconsin area, please contact the experienced car accident attorneys at The Cochran Firm, Wisconsin, LLP today to protect your legal rights and get the financial compensation you deserve for the injuries you have suffered.

Common Causes of Head Injuries

2010-07-30T11:34:00.000-07:00

Head injuries, both minor and serious, can be caused by many of the same things. The causes may not always be avoidable, but serious injury can be. Some of the most common causes of head injuries include:

Auto accidents
Falls
Sports
Violence

Auto accidents are by far the most common cause of head injuries. Even if the injury seems minor, serious complications can occur if there is undetected bleeding in the brain. See a doctor immediately even if the auto accident is a small one. Whiplash injuries can cause the brain to slam up against the side of the skull. If you have suffered a whiplash injury and your neck hurts, the medical professionals should also examine you for a traumatic brain injury.

Young children, people with medical conditions like epilepsy, and the elderly are most likely to injure their heads in a fall. Tripping hazards, consumption of alcohol, and certain medications also increase the likelihood of a fall. Proper supervision of children and the elderly, and clearing tripping hazards can decrease chances of falling.

Both contact and non-contact sports can cause head injuries. Children riding bikes and teens playing high school sports lead the way in head injuries in this category.
Violence makes up another large category of head injuries. Shaken baby syndrome, blows to the head, and firearms all cause the most head injuries.
If you or a loved one has suffered a head injury as the result of negligence, please contact the experienced head injury attorneys at Cochran Firm Wisconsin, LLP to set up a free consultation.

Signs and Symptoms of Traumatic Brain Injury

2010-07-29T11:15:00.000-07:00

Signs and symptoms of a traumatic brain injury (TBI) may last a few days, or they may last years. They may come on right after the injury, or they may not present until years down the road. The signs and symptoms of TBI depend on the severity and type of the brain injury.

Mild TBI
Symptoms of a mild TBI, which may be diagnosed as a concussion by a medical professional may first include confusion, disorientation, or memory loss. Some victims may lose consciousness for a short period of time. Other symptoms include nausea, headache, and sensitivity to light and sound. The diagnosis for a mild TBI may be missed since victims can still appear normal.

Severe TBI
Symptoms of a severe TBI will be obvious and much more serious than those of a mild TBI. Loss of consciousness can be from 20 minutes to as long as several hours. The signs of a severe TBI include convulsions, nausea and vomiting, slurred speech, weakness in extremities, extreme changes in mood, and inability to awaken from sleep.

Seek Medical Attention
It is best to contact your doctor if you or a loved one has suffered a head injury. Being diagnosed as soon as possible can lead to immediate care, and avoid any serious life-changing effects later on.

If you or a loved one has suffered a TBI in the Milwaukee, Wisconsin area, please contact the experienced traumatic brain injury lawyers at Cochran Firm Wisconsin, LLP for an initial consultation.

Types and Severity of Traumatic Brain Injury

2010-07-26T11:34:00.000-07:00

The results of traumatic brain injuries depend on the type of injury and their severity. It is possible that two people who suffer the same kind of traumatic brain injury (TBI) will not have the same kind of symptoms or signs.

Severity of TBI is usually grouped into three categories:

Mild brain injury – Such as a concussion. May not require medical treatment, but can have lasting consequences. Any lasting damage may present itself weeks or months after the injury
Moderate brain injury – Mental skills, such as speech and motor skills may be seriously affected with a moderate brain injury. Brain function is usually affected for a very long time
Severe brain injury – Paralysis, loss of mental clarity, and even death can occur with a severe brain injury

Types of TBI fall into two categories:

Closed head injuries – A blow to the head that does not penetrate the brain, but causes a skull fracture, contusion, or bruising at or beneath the point of impact. Blood clots, hematomas, lacerations, and never damage may occur
Penetrating head injuries – A foreign object, like a bullet or sharp edged instrument, that enters the brain and causes specific damage to the areas the object hits

The severity and type of TBI may cause secondary damage long after the actual injury. Fever, brain swelling, and infections may occur.

If you or a loved one has suffered a TBI that is the result of another party’s negligence or you would like to know more about the severity and types of TBI, please contact the experienced traumatic brain injury lawyers at Cochran Firm Wisconsin, LLP. We serve the communities in and around Milwaukee, Wisconsin.

Wrongful Death in Milwaukee, Wisconsin

2010-07-15T11:46:00.000-07:00

A wrongful death occurs when someone else’s negligence leads to the untimely death of another. A wrongful death can occur as a result of a car, truck or motorcycle accident, a construction site accident, medical malpractice, a fall, a sport or recreation-related accident, or even a criminal assault.

A wrongful death lawsuit seeks to obtain financial compensation for the survivors and beneficiaries of the deceased for the loss of income, loss of protection and care, expenses for the care, treatment and medical expenses of the deceased prior to death, funeral and burial expenses and for the sorrow, mental anguish and pain caused by the loss of the loved one.

The experienced wrongful death attorneys at The Cochran Firm can help you make sense of the complex legal and financial aspects of your devastating loss and obtain financial compensation from those responsible. Our compassionate Wisconsin wrongful death attorneys will help you secure what you need to go on with your life while you are healing from your loss.

If someone you love died a wrongful death in the Milwaukee, Wisconsin area, please contact the experienced wrongful death attorneys at The Cochran Firm today to schedule a no cost to you confidential consultation to learn how you can obtain the financial compensation you need and deserve from those responsible for your loss.

Medical Malpractice in Milwaukee, Wisconsin

2010-05-18T10:57:00.000-07:00

Kidney dialysis errors occur on a daily basis nationwide, putting the lives of patients at risk. Despite the advanced training of the people who staff the dialysis centers, mistakes are made. Unfortunately, mistakes made in a medical setting can have devastating results. Every year people are injured or die due to medical errors committed during dialysis for kidney disease.

End Stage Renal Disease (ESRD) is responsible for killing 14 people out of 100,000 every year, making ESRD the ninth leading cause of death in this country. However, the treatment for renal failure has risks and consequences associated with it as well.

Kidney dialysis errors may encompass medication errors, dialyzer mistakes, excess blood loss due to prolonged bleeding, dialysis machine leaks, malfunctioning dialysis alarms, failure to clear dialysis machine of cleaning solutions and inaccurate monitoring of blood pressure.

If you are someone on kidney dialysis or care for someone on kidney dialysis and you have sustained a serious injury due to your dialysis treatment, you should consult an experienced medical malpractice attorney well versed in kidney dialysis treatment.

If you are a resident of Milwaukee, Wisconsin or the surrounding area and you would like to speak to a medical malpractice attorney about kidney dialysis errors, please contact the Milwaukee, Wisconsin office of The Cochran Firm today to schedule a confidential consultation at no cost to you to learn what you can do to protect your legal rights and obtain the financial compensation you are entitled to.

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2010-04-26T08:32:00.001-07:00

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Avandia

2010-03-11T09:45:00.000-08:00

When the U.S. Senate released a report late last month about the popular type 2 diabetes drug, Avandia, being linked to tens of thousands of heart attacks, it was really just the latest chapter for the defective drug.

GlaxoSmithKline, the maker of Avandia, is alleged to have known that the drug was dangerous to patients who take it. Up until the Food and Drug Administration slapped a black box warning on Avandia in 2007, there were an estimated 80,000 heart attacks, many of them fatal, that are believed directly linked to the drug. It is also alleged that a panel of independent experts voted 8-7 to keep Avandia on the market rather than recall it.

Avandia (rosiglitazone) works by helping diabetes sufferers regulate their natural insulin. It is prescription only and can be taken in addition to insulin. It has been on the market since 2000, but some of the heart attacks tied to the drug occurred in 1999. Almost immediately following Avandia’s release to the market, the Food and Drug Administration required a warning label of potential side effects.
These side effects include:

Dangerously low blood sugar
Eye swelling, known as macular edema
Recurring ovulation in women who have stopped menstruating, but do not use birth control and have not reached menopause
Hepatitis leading to liver failure
Congestive heart failure and other cardiovascular problems

Symptoms tied to these side effects include

Low red blood cell count
Flu-like symptoms and colds
Headaches
Bone fractures

However, it is the heart attacks that have kept Avandia in the news.
If you or a loved one has been injured due to Avandia in the Milwaukee, Wisconsin area, please contact the experienced defective drug attorneys at the Cochran Firm Wisconsin for an initial case evaluation.

Questions about Aviation Accidents

2010-01-11T09:44:00.000-08:00

Aviation accidents can be devastating for victims and their families. Injuries are often severe or fatal and in some cases multiple family members are injured or killed in the same crash.

Why do I need an experienced aviation accident attorney to represent me?
Aviation accident lawsuits are very complex. State, federal, and international laws may apply in your case. Different types of regulations can apply depending on whether the aircraft was privately owned or a commercial carrier. In order to win your case you need to work with someone who has extensive knowledge in these very unique areas of the law

Investigation and interpretation of the evidence can be very complicated. Proper examination of all of the facts by someone who understands aviation accidents and their causes is absolutely critical to determining who was responsible for your accident.

Why is it so difficult and important to determine the exact cause of the crash?
Safe air travel depends on the proper actions of everyone involved in the flight including the pilot, flight station employees, maintenance crew, air traffic controllers and more. It also depends on the aircraft being designed, built, and maintained properly. Any flaw in the entire system can cause an accident. What may seem obvious can actually be very misleading. Faulty equipment can cause an accident that initially appears to be pilot error. Even the nature of the wreckage itself can make it difficult to determine the cause.

The cause of the accident is an important part of determining who is responsible for your injuries and loss, and can even make a difference in how much compensation you can receive.

Please read more questions about aviation accidents and contact The Cochran Firm Wisconsin, serving all of Wisconsin, to learn more about aviation accidents and how we can help.

Questions about ATV Accidents

2009-12-23T12:27:00.000-08:00

All terrain vehicle (ATV) accidents have become frighteningly common, and all too often children are the victims.

How can a vehicle so small be so dangerous?
ATVs may look small, but they are still heavy enough to crush and kill someone in an accident. They require considerable skill and strength to handle and control. When an ATV rolls over it can cause fatal injuries. It can cause crush injuries serious enough to lead to amputation. While they may seem like something that a child could operate safely, ATVs should never be treated like a toy.

Do you need a license to drive an ATV?
Since ATVs are operated off road you do not have to have a licenses or insurance to operate one. That means that drivers may or may not have the needed training. In off road situations there are almost never any police to curb reckless behavior and excessive risk taking or to enforce age limits. Since you do not need a license, many consumers believe that ATVs are much safer and easier to operate than they really are.

Who is responsible when an ATV accident occurs?
That depends on the cause of the accident. When an accident is caused by a defective ATV the manufacturer can be held responsible in a product liability suit and sometimes the dealership that sold the vehicle may be held responsible as well.

If the ATV was used in an inappropriate fashion it can be more difficult to determine who is to blame. In some cases that will be the obvious fault of the driver, but it can also be due to inappropriate marketing and failure to provide the proper instructions and safety warnings on the part of the manufacturer or rental center.

To learn more about ATV accidents, please take a look at our ATV accident page and contact us today. The Cochran Firm Wisconsin serves all of Wisconsin, including Milwaukee, Waukesha, Racine, Kenosha, Elkhorn, Lake Geneva, Mequon, West Bend, Brookfield, Green Bay, Fox River Valley, DePere, Appleton, Oshkosh, Fond du Lac, Waupun, Sheboygan, Manitowoc, Madison, Janesville, Beloit, Kewaunee, Sturgeon Bay, Neenah, Menasha, Shawano, Waupaca, La Crosse, and Wausau.

Nursing Home Neglect and Abuse

2009-11-17T09:42:00.000-08:00

Nursing home abuse is unforgivable. And make no mistake about it, neglect in a nursing home is abuse and can be deadly. We entrust our loved ones in their most vulnerable state to the care of nursing homes because they need constant supervision and care, above and beyond what we can provide for them ourselves. When nursing homes fall down on the job, loved ones can die or suffer life-changing consequences from which they never fully recover.

Why nursing home abuse and neglect happen
There are many reasons why nursing home neglect and abuse occur. Not all of it is intentional, but that does not make it acceptable. When nursing homes are understaffed or staff members are overworked individual employees may not even be capable of providing adequate care. Nursing homes have a responsibility to maintain an adequate staff to resident ratio.

Inadequately trained or poorly skilled staff members can also be part of the problem. Nursing homes have the responsibility to properly screen, train, and supervise their staff.

What you should do if you suspect neglect or abuse
You must take action quickly. It can be a matter of life or death. Physical abuse poses obvious dangers, but even unintentional neglect can cause problems such as dehydration or accidents due to lack of supervision that can turn deadly fast.

If you suspect that your loved one is in an unsafe situation move them to another facility right away. Contact an experienced nursing home abuse attorney. You may be entitled to compensation. Taking legal action can also stop the abuse that other residents are living with and save lives.

To learn more please read our Nursing Home Neglect and Abuse page and contact the nursing home abuse lawyers at The Cochran Firm Wisconsin today.

Construction Accidents

2009-10-22T09:53:00.000-07:00

If you are a construction worker a construction accident can put you out of work at the same time that you medical bills start stacking up. You need help fast, before your financial problems become overwhelming. If you are a bystander, visitor, or pedestrian involved in a construction accident your injuries can still be devastating and you may be entitled to compensation for your injuries.

Construction sites are typically environments ripe for accidents. They are noisy, there is constant activity, heavy equipment is in use, the structure is in a state of constant change, messes are being made, and heavy objects are being moved around. That is no excuse for running an unnecessarily dangerous site. In fact, it is why strict attention must be paid to safety and there regulations for maintaining the safest environment possible.

Construction workers who are injured on the job may be confused about Workers' Compensation, whether or not they should file a claim, and whether or not they can pursue a personal injury lawsuit. The first thing that you need to know is that only workers who are classified as employees are eligible for Workers' Compensation benefits.

Non-employees, including workers who are not employees, bystanders, visitors, pedestrians and others will need to pursue a personal injury lawsuit. Some employees may also have a third party lawsuit against someone other than their employer such as an equipment manufacturer if defective equipment was to blame for the accident.

The Cochran Firm Wisconsin can help you figure out just what type of case you have and how to get your income flowing again. Please contact us today to learn more about how we can help you and your family.

Wrongful Death as a Result of Medical Malpractice

2009-09-23T11:24:00.000-07:00

One of the most painful ways to lose a spouse, child, or parent is as a result of medical malpractice. Any loss of a loved one is devastating, but knowing that it did not have to happen and could have been prevented only makes it more difficult to endure. Right now the issue of access to healthcare is a hot topic in the news. They say that lack of health insurance is killing people. Unfortunately, that discussion is overshadowing the ever-present fact that medical malpractice is still the third leading cause of death in this country after heart disease and cancer.

If you have lost a loved one to medical malpractice you may be entitled to compensation. No amount of money can replace a spouse, but a wrongful death lawsuit can help with the medical bills and funeral expenses. If your spouse was the breadwinner, it can help you and your family stay in your home and keep food on the table. If your spouse was not the breadwinner, it can mean being able to hire help for childcare and other household needs, so that you can start picking up the pieces. A parent can never be replaced, but a child can be compensated for many of the financial benefits the deceased would have provided, such as the opportunity to go to college.

At The Cochran Firm Wisconsin we understand that the last thing you want to think about while you are still grieving is facing a legal battle. However, you must act quickly before it is too late. Please, do not let medical malpractice go unchecked. Take action today. It can help you and your family get back on your feet and may even save lives in the future.

The Cochran Firm Wisconsin serves communities throughout Wisconsin. Please, contact us today to find out how we can help.

Defective Products and the Harm They Can Cause

2009-08-18T09:47:00.000-07:00

The general American public has a vast array of easily available products they can choose to buy. We assume that they are all safe to use and will do the job they are marketed for. Many are made in another country, often China, and may or may not have to conform to certain standards for marketing in the U.S. All products should be accompanied by labeling, and perhaps a user manual, that gives all relevant information for safe and effective use.

Perhaps product standards are not strict enough, or not enforced strictly enough. Perhaps there are other requirements that should be tightened. Despite the precautions taken for public safety, defective products are withdrawn from the market every week, perhaps every day. Some recent examples are:

Baby cribs made in China with a railing that creates a space between itself and the mattress, causing some babies to suffocate
Child car seats with breakable plastic handles that injury the child
Pre-school toys containing small magnets which can fall out and pose a choking hazard for children
Radial tires made in China with tread that separates, causing auto accidents
Heparin (a blood thinning drug) containing contaminated elements from China that cause illness and death
Peanuts and peanut butter harboring mold, insects, or foreign plant materials, all of which can cause illness
Bagged spinach contaminated with salmonella or E. coli
Toothpaste made in China found to contain diethylene glycol which can cause kidney and liver damage
Cat and dog food found to contain rat poison

You can read about another example on our Defective Roofing page.

Many of the products withdrawn from the market are defective medical devices prescribed for a patient's use by their doctor. Examples of recently withdrawn devices are joint replacements, pacemakers, and heart valve implants. Far from helping patients recover their health, such defective products further impair health and may endanger the patient's life.

If you have been badly injured by a defective product, or if you have lost a loved one that way, please contact our office. We will be happy to schedule a free consultation for you with a defective product attorney. You can get clear answers your questions and learn more about your legal situation.

Techmeier Law Firm is now The Cochran Firm Wisconsin

2009-07-01T13:44:00.000-07:00

The Techmeier Law Firm is now The Cochran Firm Wisconsin! The Techmeier Law Firm decided to merge with the Cochran Firm to take advantage of the firm’s nationally recognized name, as well as access to lawyer who specialize in new fields, like environmental law and pharmaceutical law. Techmeier will be the managing partner of the Cochran Firm Milwaukee office and will provide expertise to the entire firm on mass tort and class action cases.

Will Techmeier has been practicing law in Wisconsin for 30 years. If you or a loved one has been injured, please contact The Cochran Firm Wisconsin today for a free consultation.

Read more about the merger with The Cochran Firm here.

Welcome

2009-06-30T16:37:00.000-07:00

Welcome to the Cochran Firm Wisconsin Legal Blog. Please check back frequently for news and articles pertaining to personal injury, product liability, premises liability and mesothelioma.