Vote for Judge Janet Protasiewicz for the Wisconsin Supreme Court on April 4th, 2023, to ensure the protection of all elderly Wisconsinites. Learn more and register to vote here.
Under Wisconsin law, you have a right to recover compensation for any losses and injuries that you suffered as the result of an accident caused by the negligence of another. However, you also have a duty to mitigate your damages. This means that you need to take any steps necessary to prevent your losses or damages from increasing. In other words, you should take medications as prescribed by your doctor and follow through with therapy, exercises, or follow-up appointments as needed. If you fail to do so, then the defense could argue that you aren’t entitled to all of the damages you are claiming because you didn’t mitigate your damages.
Mitigation of damages as defined by Wisconsin law requires an injured person to use ordinary care to seek medical and/surgical treatment and to undergo recommended medical and/or surgical treatment within a reasonable period of time in order to avoid or minimize any damages from physical injuries. An injured person also needs to take steps to avoid further aggravating your injuries. If, however, a person does not follow the recommended course of treatment from his or her doctor or seek the appropriate treatment right away, a jury could rule that the person failed to mitigate his or her damages, and thus is entitled only to a lower amount of damages. Keep in mind, however, that the doctrine of mitigation does not require an injured person to undergo treatment that is unreasonably dangerous or not reasonably within his or her means.
If you or a loved one suffers serious or fatal injuries in a motor vehicle accident, you may be entitled to compensation from the party or parties who are responsible for the accident that led to those injuries. In order to develop your claim for damages, we must determine which party or entity was at fault for the accident, acted in a negligent or reckless manner, or otherwise acted in a manner that caused death or injury to your loved one. At Boller & Vaughan, our Madison accident lawyers can help you with this inquiry and carefully guide you through any personal injury or wrongful death claims that you may have against various responsible parties.
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We live in Friendship, Wisconsin, and Boller & Vaughan came to our doorstep to discuss our mother’s wrongful death claim on a Saturday morning. Not only were we pleased with the large recovery, we were so thankful to have lawyers who were willing to explain to us every twist and turn along the way. It is great to know there is a law firm that will fight for the rights of elderly people all over Wisconsin.
Mr. Boller and Ms. Vaughan were incredible in working on my case and my daughter’s case. I was out of work and in the hospital with a new baby. Mr. Boller and Ms. Vaughan protected our rights and it was a pleasure to work with them. I hope never to be in another motor vehicle accident, however, if I am and I am injured, I will contact Boller & Vaughan immediately.
I was referred to Michelle through a friend. I have never had a better experience. It took a little over a year to get my settlement but the staff there stayed in constant contact and kept me in the loop. Oh, and Michelle actually got me MORE money than we discussed. I will refer anyone to this firm. Words cannot do justice the thanks that I have for Michelle and her staff (Mary especially) thank you guys so much!
After my husband died as a result of a motor vehicle accident, Boller & Vaughan spent countless hours talking with me, meeting with me in person, and making sure that I was okay. The drunk driver who hit us did not have any insurance, and we had to make a claim through our own insurance. Boller & Vaughan was fantastic at explaining the law to me and the handling of our claims.
After my son was injured in a daycare setting, Ms. Vaughan took the time to thoroughly investigate our case and my son’s injuries. Michele was approachable and had answers to our questions. Talking with her helped to relieve many of our anxieties.