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Jonathan S. Safran
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Jonathan Safran’s Answers

81 total


  • Can you tell me who is liable if my child is hit by a car while getting off the school bus.

    My child was hit by a car when he got off his school bus. The bus driver allowed him to cross the street in front of the school bus and he was hit by a car that passes the school bus. My child could not see the traffic coming and the bus driver ga...

    Jonathan’s Answer

    There is probably a combination of liability in this situation, between the school bus driver and the driver of the car. More information is necessary to provide a better response, however, if the facts can be determined to support your statements, it would probably be wise to pursue claims against the bus company's insurance company and the car' driver's insurance company. Your child's age may also be a factor in this case, as well as he bus driver's actions in activating the lights on the bus. Depending upon the bus company, there may be short notice requirements that apply, requiring a Notice of Injury or Circumstance form to be filed within 120 days from the date of the accident. I certainly hope that your son was not seriously injured and I express my best wishes to you and your family as to a speedy recovery. I would recommend that you seek the assistance of a skilled personal injury attorney in the Milwaukee area as soon as possible to discuss the facts in more detail, so as to get the best advice and representation. AVVO is a great resource to allow you to evaluate the qualifications of attorneys in the field of personal injury or other practice areas.

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  • If I wasn't wearing a seat belt in a car accident am I out of luck?

    I wasn't belted and was t-boned, I suffered a concussion (they thought it was a hemorrhage at first but ruled that out.) It says all over in my medical records that I wasn't belted. Will an insurance company for the other, at fault, driver deny ...

    Jonathan’s Answer

    Your not wearing your seatbelt will not prevent your recovering from the at fault driver's insurance company. The insurance company will have the burden of proving that your not wearing your seatbelt would have reduced your injuries, and if they can do so, by use of an expert, that can reduce your damages up to the maximum of 15%. It is often difficult for the insuance company to prove that even if you had been wearing your seatbelt that you might not have still suffered the concussion and other injuries. I would discuss this with an experience personal injury attorney and he or she can advise you in more detail after obtaining and reviewing your medical records.

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  • Pain and suffering case after accident.

    I got into an accident 3 months ago. I was on the job working as a delivery driver and a van pulled in front of me as I had the right of way. (They made a left turn in my opposite direction of traffic) .(his fault) I've been off of work for 3 mon...

    Jonathan’s Answer

    You have two different available claims to be pursued, which have some overlap. You have a workers compensation claim with your employer's worker's compensation insurance company, which should be covering your medical expenses, paying a portion of your missed time from work, called temporary total disability benefits, and may owe you other benefits if you sustain a permanent injury, called permant partial disability benefits. You also have a third-party claim against the other driver and his/her insurance company. You need to continue to obtain any necessary medical care, most importantly in order to help your injuries fully resolve, but to also document the extent of your injuries and pain and suffering. The worker's compensation insurance company will have a right to receive some, and maybe all, of their paid benefits and payments from any recovery in your third-party case, pursuant to a Wisconsin statutory formula. The most important thing is that you get all medical care necessary to help your injuries fully resolve. They should all be covered by the worker's compensation insurance comnpany, if they are shown to be accident related. I would suggest that you contact an experienced personal injury attorney to discuss these issues in more detail. That attorney should be able to assist you to recover for all or your potential damages and coordinate what has to be paid back to the worker's compensation insurance company. Finding a personal injury attorney who also has experience in handling worker's compensation claims would also be of benefit to you so as to guide you through the worker's compensation claim process. Attorneys who handle accident cases will generally work with you on a contingency basis so that you will only owe attorney fees and costs from the ultimate settlement in your third-party case.

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  • What is Wisconsin statue limitations on nursing home neglect

    My mother pasted away in the care of a nursing facility but they said it was due to complications but the death certificate States something different

    Jonathan’s Answer

    My condolences for your and your family's loss. There is generally a three year statute of limitations in Wisconsin, which requires any claims to be settled or a lawsuit filed within three years of any negligence which led to damages. In some situations, there can be some earlier notice requirements which may apply, therefore, I would recommend your contacting an experienced personal Injury attorney in Wisconsin to discuss the facts and issues in more detail.

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  • We were involved in a car accident in Maryland, but live in Wisconsin. Do we hire a Wisc or MD attorney?

    Our family was hit by a state owned charter/coach bus in the state of Maryland while on vacation. We live in Wisconsin and aren't sure if we can hire an attorney here from home or need to find someone in Maryland to help with all of this.

    Jonathan’s Answer

    Hiring an attorney in either State is important. If you want to develop a relationship with a local attorney who can meet with you on a regular basis, I would suggest Milwaukee-area experienced personal injury attorney. That attorney will determine the law and any necessary notice requirements and the applicable statute of limitations time period available to pursue the claim. Since most cases are resolved without the need for a lawsuit being filed, a Milwaukee-area experienced personal injury attorney should be able to work to get your case settled. If a lawsuit needs to be filed, the local attorney should have the contacts to locate a Maryland attorney, should there be the eventuality that a lawsuit needs to be filed in Maryland.

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  • Does travelers insurance generally take a long time to reply to auto claims in wisconsin?

    it was for me my wife and my son. We were on the expressway and a guy tried to merge into our lane and slammed us into the retaining barrier totaled my car and me my wife and son went to the hospital and through therapy. We were told we had whipla...

    Jonathan’s Answer

    I think you would be best to speak to a Milwaukee personal injury attorney. Being an out of state insurance company, Travelers Insurance may be somewhat slower than some of the local companies, however, they are one of the better insurance companies to deal with. Successful personal injury attorneys often have good relationships with the claims adjusters and that might assist on speeding up the process for you and your family. Be careful to not attempt to settle your claims until you and your doctors have determined that your injuries have fully resolved.

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  • I received a racially insensitive joke by email to a copier in my office. can i sue?

    I am black. I looked in the copier in my office and saw a picture of a dog waiting to be fed and on top of the picture it said "Nigga are you hungry" I immediately told my supervisor. We had all new computers installed so we don't no where it came...

    Jonathan’s Answer

    I think it is appropriate that you contact Human Services about this in order to have this communication documented. Obviously, they will need to investigate and see if they can determine where it came from. Assuming the employer addresses the issue and does an investigation, I am not sure if you have a claim to pursue as to a suit against anyone. If the employer condones the actions and does not do anything about it, that is one thing, however, asuming that they investigate it and take action that is something else. You may wish to consult with an employment law attorney for more thoughts depending on what you find out regarding the employer's response.

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  • Iam looking for a civil rights lawyer ,, I called the bar they said theydont have no for the case ,me vswest allis help

    I got police report I wasnt charged for anything,, the only thing I got was being hurt injuries hmm

    Jonathan’s Answer

    I would urge you to contact a Milwaukee area attorney to discuss the facts of your situation and to review the records and reports which you received. There are notice requirements which need to be complied with in order to make state law claims against police departments and governmental agencies which you need to discuss with the attorney. The attorney should also be able to give you advice as to potentially submitting a complaint with the police department and any potential Fire & Police Commission agency. Civil rights claims can be pursued under State law and Federal law and the attorney should also explain that to you. Best of luck to you.

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  • How can I get my things out of my apt. after I was arrested on battery but am out. The police don't seem to be much help.

    My girlfriend has documented psy mental problems. She took my cellphone and wouldn't give it back until I moved out. I tried to get it back. she called the cops on me. told a lot of lies that got me arrested. She had some red marks on her wrists...

    Jonathan’s Answer

    The best thing is for you to have an attorney representing you in the criminal case and he might be able to assist in getting your things. Often, the police can assist to allow for the retrieval of belongings when there is a no contact order, and they can monitor a situation to allow for the belongins to be obtained and avoid any interaction between you and her, so as to not violate the order. If there is a no contact order, I would not have contact with someone and ask them to contact her, as this may violate the order and lead to further problems for you.

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  • An internal affairs detective wants to talk to me. What should I do? I am a private citizen.

    I am currently incarcerated at the HOC in Franklin, WI with Huber privileges.

    Jonathan’s Answer

    I do not think that you have a responsibility or requirement to speak with the Detective from Internal Affairs, but the question is whether you should have any legal concerns with what he wants to speak with you about. Usually IA is involved in investigating the actions of other officers so perhaps you have information that they think would be helpful in some type of criminal conduct or rules/policies violation of whomever they might be investigating. You could certainly ask the Detective what it is about and get some type of written assurance that you are not being implicated in any way before you speak with him, or you could refuse altogether.

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