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The legal definition of negligence

Welcome to our new, revised website. Whether you are a past client, friend, or someone just looking for legal help, we appreciate your interest in Hertel Law, S.C. I’m used to saying “we” when it comes to this firm, as we have always provided help to those in need through a team effort. Our paralegals, Sue, Brenda and Arlene are a vital part of how we respond to, communicate with, and plan and prepare for meeting our clients’ needs. In the past, I have had a number of attorneys who have been mentored by and/or worked for or with me, and have always relied on them for covering client cases when I could not. Two former partners, Steve Gibbs and Sarah Harless, have gone on to become Circuit Court Judges, reflecting the quality of reputation this firm has enjoyed. Most recently, I have become a sole practitioner for the first time in my nearly 43 years of practicing law, which means that if you hire this firm, I will be your attorney. As talented and capable as my colleagues have been, I have made a commitment to be the attorney you still want on your side for a long time to come. As I often respond when asked when I’ll retire, I have two responses:

1) When there are no more crimes or injury accidents; or

2) When I finally appear in the 24 Wisconsin counties where I have not yet appeared in their courts.

I greatly enjoy helping people through difficult circumstances and like to think I have made a difference in how I have affected the results in their lives. I intend for that to continue. Just ask our landlord who is negotiating a new lease through mid-2021 at the minimum. Please don’t hesitate to take advantage of our free initial consultations, email us with your concerns, or stop in if you’re a former client and just wish to say hello. Also feel free to look at our revitalized Facebook page as well. It is our goal to provide you the best possible legal representation and advice whether in having to go to trial, or determining a way that it is not necessary in satisfactory mediation or negotiations. We want you to continue to view us as the law firm you still want on your side. Thanks, Harry.

When a car accident happens, one or more parties may be negligent for its occurrence. However, Wisconsin residents and others should know that negligence is a specific legal term with certain elements that must be fulfilled. For example, it must be shown that there was a duty of care that was violated. It also must be demonstrated that there was a financial loss caused by the negligence of another person or entity.

Generally speaking, all drivers have an obligation to act in a safe manner while on the road. If there is evidence that they were tired, drunk or driving too fast for the road conditions, this could be a violation of that obligation. In a car accident case, it would need to be shown that driver fatigue, impairment or other negligent action was the direct cause of a crash that caused a financial loss.

Other possible causes of negligence include following too closely prior to an accident or failing to obey a traffic control sign or light. If an individual is not mentally or physically able to drive, doing so despite his or her limitations could be interpreted as negligent. Video footage or other types of evidence may be used to prove that another person was negligent when a crash occurred.

Those are involved in a car accident may be able to receive compensation if the crash was caused by a negligent driver. An attorney may help someone prove that a driver was acting negligently when a crash occurred. For example, a video may show that a driver failed to stop at a red light. Witness statements, police reports and crash scene photos could also help show that negligence occurred, and the victim is entitled to receive compensation for his or her injuries.

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Hertel Law, S.C.
4330 Golf Terrace, Suite 108
Eau Claire, WI 54701

Phone: 715-598-2761
Fax: 715-832-5159
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