Legal Question in Personal Injury in Wisconsin

Re: Hunting Accident

Do not be overly concerned right now about your personal assests. As a Wisconsin personal injury lawyer, I have only once taken an individual's personal assets. In that case, the individual caused a wrongful death here in Wisconsin.

Contrary to what so-called "tort reformers" want people to believe, personal injury lawyers do not wish to put people and companies in bankruptcy. We normally just want justice for the individuals we help who have been traumatically injured and to get that we generally need solvent people and companies to help them. Sometimes, bankruptcy is the only option to get justice as with asbestos companies who have killed thousands with mesothelioma. If, and only if, this man persists in getting a worthless judgment against you, then you'd need to look at your options. Truthfully though, a far more common cause of bankruptcy is huge medical expense caused by personal injury.

Call your homeowners insurance company ASAP and let them handle it. Your insurance company should likely make every possible effort to settle this case for $100,000 with a full release of you. Lastly, you must get an UMBRELLA POLICY and be sure the UMBRELLA itself covers UNINSURED and UNDERINSURED drivers. I know State Farm sells this type of policy because I have it and I have read that Allstate does not.

Tis last point bears repeating so I take a paragraph from my website www.frankpasternak.com

"What is �umbrella� insurance? �Umbrella� insurance is for people who want added protection. In Wisconsin, such policies are only good if they include �Uninsured Motorist Coverage� and �Underinsured Motorist Coverage.� Be specific. You must ask for this coverage. In Wisconsin, insurance agents do not just offer this. When receiving the car insurance policy cover page (�declarations�), double-check to see those specific UM and UIM phrases in the umbrella policy. Wisconsin car insurance agents are not perfect and you must have this right. We highly recommend to friends that if they can afford the expense, typically about $500/year, that they should buy an umbrella with a UM/UIM rider for $1,000,000 or $2,000,000."

Re: Hunting Accident

You are correct that your homeowner's insurance would generally provide liability coverage to you in a situation as you describe. Make sure that your insurance company has been notified, if you have not done so already. You will generally have a duty to provide them with "reasonable notice" of this potential claim against you. If you have not done so already, you should probably make any effort to preserve the gun as potential evidence in the case. I do not know enough about the cause of the shooting, but perhaps there is a product liability claim if the gun mis-fired or something else other than any negligence on your part lead to the shooting. There is also the potential, depending upon the specific facts, that you were not negligent in this case, if you did everything appropriately, and it was a defect in the gun that lead to the shooting. If that would be the case, then you might be found to be not negligent at all and not responsible for your friend's injuries and damages. That is something to discuss with your insurance comapany and for them to investigate. If you are negligent and responsible for your friend's injuries, you should encourage your insurance company to attempt to settle the case with your friend within the limits of your liability insurance coverage. There is only a slim likelihood that the claim would be pursued against you personally, beyond the insurance policy limits. If a personal claim is made, then you need to consult with an attorney who practices bankruptcy law to investigate your options. You might be able to settle the personal claim, without filing for bankruptcy, if that were to occur, in a number of ways, including by an installment payment plan. I would strongly consider that you investigate increasing your homeowner's and auto liability insurance coverage limits and consider purchasing an umbrella policy for additional coverage, at least for the future "peace of mind." Although it will not help you in this case, it will protect you in the future. As you can see, it does not take much to incur significant medical expenses and monetary damages from an accident, therefore, having increased insurance protection is "worth every penny," in my mind. Best of luck to you.