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$7.25 Million Bicycle Accident Verdict in Milwaukee County
Randy Rozek • May 18, 2016
On May 12, 2016, a very brave Milwaukee County jury made their voices heard loud and clear when they awarded our client more than $7.25 million in damages. Our client, only 9 years old at the time of the injury, suffered a severe left-sided brachial plexus injury. At the time of trial, 12 years later, his left arm still looked like it had when he was 9 years old. He has had no sensation or feeling in the arm since the moment of the injury.
Our client’s actual bicycle following the crash.
Our client had to go through 7 surgeries in the years following the injury. At one point, he asked the surgeon if he could just remove the left arm. The surgeon refused and eventually, they took a muscle out of the client’s leg and inserted into his arm in order to get some range of motion. At the time of trial, our client had endured 12 years of pain, suffering, disability and disfigurement.
The bike accident occurred in a rural county where my client’s father had taken him to train for bicycle racing. Both of our client’s parents were professional bicycle racers. Both of our client’s sisters, one younger and one older, are now professional bicycle racers, competing all over the world. At the time of the incident, our client had failed to stop for a stop sign, while making a right hand turn. The defendant was coming in the opposite direction in her pickup truck. Our client was adamant that he remained in his lane of travel, while the defendant claimed that our client took a wide turn, crossed the centerline, and collided with the defendant’s vehicle in the opposite lane of travel.
An 18 year-old independent witness supported the defendant’s version of what had happened, but he conceded at trial that he may have been under the influence of recreational drugs at the time. The police officer on the scene concluded that our client’s failure to stop at the stop sign was the cause of the collision, but he relied primarily on the statements from the defendant and independent witness. Importantly, the police officer took a statement from the defendant that revealed she had been traveling 10 miles per hour over the speed limit leading up to the accident , a fact she had denied in her testimony. The officer also noted property damage on the left front fender of her vehicle which she claimed had been there before and was not from the accident. At the trial, the defendant claimed there was no property damage before or after this collision.
Our client’s father and older sister were following him in a vehicle at the time of the collision. They both gave unfavorable written statements to the investigating officer, but the officer had basically told our client’s sister what to write and at the hospital after the crash, the officer would not let our client’s father see his injured son until he had provided a written statement. Their trial testimony was very consistent in that they could not see the centerline from their perspective so they couldn’t honestly offer testimony about whether the collision occurred in our client’s lane of travel or the defendant’s lane of travel.
The jury believed our client’s version of what happened that day. They found the defendant 60% at fault for causing the collision, our client 10% and our client’s father 30%. The parties stipulated to past medical bills of $258,000.00. The jury awarded $2 million dollars in past pain, suffering, disability and disfigurement, over the last 12 years, which is the exact amount we had asked them to award. We asked for $3 million in future pain, suffering, disability and disfigurement, but invited the jury to award more. They awarded $5 million. The total pain, suffering, disability and disfigurement, award to our client will be reduced by 10% for our client’s negligence.
At mediation we had demanded the defendant’s insurance policy limits of $1,250,000. We were told that the defendant’s insurance carrier, State Farm, may be willing to pay $15,000 and possibly a little more. We left the mediation and filed a formal offer of settlement for $750,000, well within the policy limits. There were no offers from State Farm before or during trial.
The case was tried in Milwaukee County in front of Judge John DiMotto, who did a wonderful job before, during and after the trial.
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Carbon monoxide poisoning is a serious and potentially life-threatening issue that can have long-lasting effects on victims. In the aftermath of such an event, it is crucial to seek legal expertise to ensure that you receive the proper assistance and compensation for your damages. A lawyer with experience in handling cases related to carbon monoxide poisoning can provide invaluable support in navigating the complexities of this type of injury claim. From protecting your rights to pursuing justice on your behalf, a skilled attorney can be instrumental in helping you recover from the physical, emotional, and financial repercussions of carbon monoxide exposure. In this blog, we will explore how a lawyer can assist you after experiencing carbon monoxide poisoning and why their expertise is essential in securing the outcome you deserve. Legal Implications of Carbon Monoxide Poisoning Seeking Compensation: If you have suffered from carbon monoxide poisoning due to someone else's negligence, you may be entitled to compensation for your medical expenses, lost wages, pain and suffering, and other damages. Proving Liability: A lawyer can help gather evidence to prove liability in a carbon monoxide poisoning case. This may involve collecting medical records, witness statements, maintenance logs, and expert testimonies. Navigating Legal Processes: Dealing with legal matters can be overwhelming, especially when recovering from a serious health issue like carbon monoxide poisoning. A lawyer can guide you through the legal processes and represent your best interests in court if needed. Holding Responsible Parties Accountable Investigation: A lawyer can help investigate the source of carbon monoxide poisoning in your case. This may involve reviewing maintenance records and collecting evidence to establish liability. Identifying Negligence: By analyzing the circumstances leading to the exposure, a lawyer can determine if negligence played a role in your carbon monoxide poisoning. Whether it was due to faulty equipment or improper installation, holding responsible parties accountable is crucial for seeking compensation. Legal Action: Once liability is established, a lawyer can assist you in taking legal action against those at fault. This may include filing a personal injury lawsuit or negotiating settlements with insurance companies to ensure that you receive the compensation you deserve for your injuries and damages incurred from carbon monoxide poisoning. Pursuing Damages for Your Injuries Assessment of damages: A lawyer can help you determine the full extent of your injuries and losses resulting from carbon monoxide poisoning, including medical expenses, lost wages, pain and suffering, and future care needs. Negotiating with insurance companies: Experienced lawyers can handle communications with insurance companies on your behalf to ensure that you receive fair compensation for your injuries. Litigation support: If a settlement cannot be reached outside of court, a lawyer will provide representation in legal proceedings to fight for the maximum compensation you deserve. In conclusion, having a knowledgeable attorney by your side after suffering from carbon monoxide poisoning is crucial in maximizing the compensation you are entitled to for your physical and emotional damages. With their expertise in assessing damages, negotiating with insurers, and providing litigation support if necessary, they can navigate the complexities of legal processes while advocating for your rights effectively. Advocating for Your Rights Seeking legal representation is crucial after experiencing carbon monoxide poisoning. A lawyer can help you navigate the complexities of filing a claim and obtaining fair compensation for your damages. They will advocate for your rights and ensure that responsible parties are held accountable. Here's a recap of how a lawyer can assist you in the aftermath of carbon monoxide poisoning: Providing legal advice on your options and rights Investigating the source of the carbon monoxide exposure Negotiating with insurance companies on your behalf Representing you in court if necessary Call Rozek Law to Help with your Carbon Monoxide Case Since 1996, Randy Rozek has focused his practice on the representation of victims of serious, life-changing injuries including those caused by carbon monoxide poisoning. Routinely asked to speak to lawyers around the country in his primary areas of practice, which include representing victims of traumatic brain injuries and brain damage due to carbon monoxide poisoning, Randy has extensive experience representing victims throughout the United States. It is because of this vast experience; Randy routinely gets called in to co-counsel cases from around the country by attorneys with less experience handling these types of cases. If you need a knowledgeable lawyer to represent you in your case, contact Rozek Law by calling 414-374-4444. Rozek Law Offices, S.C. 3970 N Oakland Ave Ste 604 Milwaukee, Wisconsin 53211 (414) 374-4444 https://www.rozeklaw.com/
After an ongoing struggle to bring justice to the victim of an attack at a Wisconsin diabetes clinic, attorney Randy Rozek of Rozek Law Offices, S.C. has won an $8.3 million victory in which a jury found hospital security at fault for the attack and the client’s resulting injuries. In 2014, Rozek’s client was in the waiting room of the diabetes clinic at a local children’s hospital when a 16-year-old girl with a history of violence viciously assaulted her. The victim, who was accompanied by her two young children, was “punched repeatedly in the face and head, had chunks of hair pulled from her head and was struck in the head with a chair,” Rozek said. The children, aged 9 and 11 at the time, were so frightened by the brutal beating that they fled to a stairwell for safety, fearing their mother had been killed by the attacker and that they would be next if the attacker was to find them. Rozek’s client survived the assault, but still struggles with symptoms of a TBI (traumatic brain injury) and PTSD (post-traumatic stress disorder) following the attack.
Congratulations to Attorney Randy Rozek on his election to be Chair of the American Association for Justice’s Traumatic Brain Injury Litigation Group. The American Association for Justice (AAJ) is the largest group of legal advocates for justice in the country. According to AAJ: “For over 70 years, AAJ has successfully defended Americans’ right to trial by jury and continues to fight every day to protect our practices, our clients’ rights, and our civil justice system.” The 3 pillars of AAJ are Community, Advocacy and Education. AAJ has over 50,000 members and has several different Litigation Groups made up of attorneys that specialize in different areas of the law. The Traumatic Brain Injury Litigation Group (TBILG) was established in 1991 in order to allow attorneys that handle Traumatic Brain Injury cases the ability to share their knowledge, techniques and experience. The TBILG has over 300 members from around the world. Pre-COVID19, the TBILG will typically put on two or three in-person conferences throughout the year and always had a reputation for bringing in great speakers and having a great turnout. Randy was asked about his election as Chair of the TBILG and had this to say: “It means a lot to me that my fellow trial lawyer colleagues bestowed upon my the great honor of leading the Traumatic Brain Injury Litigation Group for the next year. Our group is made up of some of the greatest TBI lawyers in the country, if not the world. I am proud to lead a group of great lawyers that have dedicated their practices to advocate for those individuals that have suffered from the devastating effects of brain injuries.” Rozek Law Offices, S.C. 3970 N Oakland Ave Ste 604 Milwaukee, Wisconsin 53211 (414) 374-4444 https://www.rozeklaw.com/
The vast majority of interactions between clients and Rozek Law Offices is not in-person contact. Typically, however, the initial contact between a potential client and Attorney Rozek would be an in person meeting. Due to the health concerns regarding the Coronavirus (COVID-19), Rozek Law Offices has implemented new technology that will allow potential clients to retain Attorney Rozek and Rozek Law Offices without an in-person meeting. A typical new client relationship with Rozek Law Offices now looks like the following:
MILWAUKEE, WI – We are pleased to announce that Randy Rozek, Rozek Law Offices, S. C., has been selected to the Brain Injury Association of America’s Brain Injury Preferred Attorneys Program. This is an exclusive partnership between the nation’s oldest and largest brain injury advocacy organization and one of Wisconsin’s foremost brain injury law firms. […]
The majority of our clients are referred to us from people in the community, doctors, judges, lawyers, other past clients that we have represented, but also we’re routinely asked to associate with other attorneys around the state or even around the country because we know the right experts and we get the right results. Because […]
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Recent Blog Posts
Carbon monoxide poisoning is a serious and potentially life-threatening issue that can have long-lasting effects on victims. In the aftermath of such an event, it is crucial to seek legal expertise to ensure that you receive the proper assistance and compensation for your damages. A lawyer with experience in handling cases related to carbon monoxide poisoning can provide invaluable support in navigating the complexities of this type of injury claim. From protecting your rights to pursuing justice on your behalf, a skilled attorney can be instrumental in helping you recover from the physical, emotional, and financial repercussions of carbon monoxide exposure. In this blog, we will explore how a lawyer can assist you after experiencing carbon monoxide poisoning and why their expertise is essential in securing the outcome you deserve. Legal Implications of Carbon Monoxide Poisoning Seeking Compensation: If you have suffered from carbon monoxide poisoning due to someone else's negligence, you may be entitled to compensation for your medical expenses, lost wages, pain and suffering, and other damages. Proving Liability: A lawyer can help gather evidence to prove liability in a carbon monoxide poisoning case. This may involve collecting medical records, witness statements, maintenance logs, and expert testimonies. Navigating Legal Processes: Dealing with legal matters can be overwhelming, especially when recovering from a serious health issue like carbon monoxide poisoning. A lawyer can guide you through the legal processes and represent your best interests in court if needed. Holding Responsible Parties Accountable Investigation: A lawyer can help investigate the source of carbon monoxide poisoning in your case. This may involve reviewing maintenance records and collecting evidence to establish liability. Identifying Negligence: By analyzing the circumstances leading to the exposure, a lawyer can determine if negligence played a role in your carbon monoxide poisoning. Whether it was due to faulty equipment or improper installation, holding responsible parties accountable is crucial for seeking compensation. Legal Action: Once liability is established, a lawyer can assist you in taking legal action against those at fault. This may include filing a personal injury lawsuit or negotiating settlements with insurance companies to ensure that you receive the compensation you deserve for your injuries and damages incurred from carbon monoxide poisoning. Pursuing Damages for Your Injuries Assessment of damages: A lawyer can help you determine the full extent of your injuries and losses resulting from carbon monoxide poisoning, including medical expenses, lost wages, pain and suffering, and future care needs. Negotiating with insurance companies: Experienced lawyers can handle communications with insurance companies on your behalf to ensure that you receive fair compensation for your injuries. Litigation support: If a settlement cannot be reached outside of court, a lawyer will provide representation in legal proceedings to fight for the maximum compensation you deserve. In conclusion, having a knowledgeable attorney by your side after suffering from carbon monoxide poisoning is crucial in maximizing the compensation you are entitled to for your physical and emotional damages. With their expertise in assessing damages, negotiating with insurers, and providing litigation support if necessary, they can navigate the complexities of legal processes while advocating for your rights effectively. Advocating for Your Rights Seeking legal representation is crucial after experiencing carbon monoxide poisoning. A lawyer can help you navigate the complexities of filing a claim and obtaining fair compensation for your damages. They will advocate for your rights and ensure that responsible parties are held accountable. Here's a recap of how a lawyer can assist you in the aftermath of carbon monoxide poisoning: Providing legal advice on your options and rights Investigating the source of the carbon monoxide exposure Negotiating with insurance companies on your behalf Representing you in court if necessary Call Rozek Law to Help with your Carbon Monoxide Case Since 1996, Randy Rozek has focused his practice on the representation of victims of serious, life-changing injuries including those caused by carbon monoxide poisoning. Routinely asked to speak to lawyers around the country in his primary areas of practice, which include representing victims of traumatic brain injuries and brain damage due to carbon monoxide poisoning, Randy has extensive experience representing victims throughout the United States. It is because of this vast experience; Randy routinely gets called in to co-counsel cases from around the country by attorneys with less experience handling these types of cases. If you need a knowledgeable lawyer to represent you in your case, contact Rozek Law by calling 414-374-4444. Rozek Law Offices, S.C. 3970 N Oakland Ave Ste 604 Milwaukee, Wisconsin 53211 (414) 374-4444 https://www.rozeklaw.com/
After an ongoing struggle to bring justice to the victim of an attack at a Wisconsin diabetes clinic, attorney Randy Rozek of Rozek Law Offices, S.C. has won an $8.3 million victory in which a jury found hospital security at fault for the attack and the client’s resulting injuries. In 2014, Rozek’s client was in the waiting room of the diabetes clinic at a local children’s hospital when a 16-year-old girl with a history of violence viciously assaulted her. The victim, who was accompanied by her two young children, was “punched repeatedly in the face and head, had chunks of hair pulled from her head and was struck in the head with a chair,” Rozek said. The children, aged 9 and 11 at the time, were so frightened by the brutal beating that they fled to a stairwell for safety, fearing their mother had been killed by the attacker and that they would be next if the attacker was to find them. Rozek’s client survived the assault, but still struggles with symptoms of a TBI (traumatic brain injury) and PTSD (post-traumatic stress disorder) following the attack.
Congratulations to Attorney Randy Rozek on his election to be Chair of the American Association for Justice’s Traumatic Brain Injury Litigation Group. The American Association for Justice (AAJ) is the largest group of legal advocates for justice in the country. According to AAJ: “For over 70 years, AAJ has successfully defended Americans’ right to trial by jury and continues to fight every day to protect our practices, our clients’ rights, and our civil justice system.” The 3 pillars of AAJ are Community, Advocacy and Education. AAJ has over 50,000 members and has several different Litigation Groups made up of attorneys that specialize in different areas of the law. The Traumatic Brain Injury Litigation Group (TBILG) was established in 1991 in order to allow attorneys that handle Traumatic Brain Injury cases the ability to share their knowledge, techniques and experience. The TBILG has over 300 members from around the world. Pre-COVID19, the TBILG will typically put on two or three in-person conferences throughout the year and always had a reputation for bringing in great speakers and having a great turnout. Randy was asked about his election as Chair of the TBILG and had this to say: “It means a lot to me that my fellow trial lawyer colleagues bestowed upon my the great honor of leading the Traumatic Brain Injury Litigation Group for the next year. Our group is made up of some of the greatest TBI lawyers in the country, if not the world. I am proud to lead a group of great lawyers that have dedicated their practices to advocate for those individuals that have suffered from the devastating effects of brain injuries.” Rozek Law Offices, S.C. 3970 N Oakland Ave Ste 604 Milwaukee, Wisconsin 53211 (414) 374-4444 https://www.rozeklaw.com/
The vast majority of interactions between clients and Rozek Law Offices is not in-person contact. Typically, however, the initial contact between a potential client and Attorney Rozek would be an in person meeting. Due to the health concerns regarding the Coronavirus (COVID-19), Rozek Law Offices has implemented new technology that will allow potential clients to retain Attorney Rozek and Rozek Law Offices without an in-person meeting. A typical new client relationship with Rozek Law Offices now looks like the following:
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