Warshafsky Wins Settlement for Cyclist Hit by Truck
Alan was a promising young cyclist from Ohio who had raced in the 1975 Pan America games in Mexico City and the ‘76 Montreal Summer Olympics, as well as a string of regional races. In July of 1978, he came to Sheboygan to compete in a national championship race. A win there would help him get a spot on the 1979 Pan American team and the 1980 Olympic team. The future looked great for Alan.
Alan put everything he had into the Sheboygan race. He had worked his way to the front of the pack and was hammering hard on the last few miles to the finish. Then, at an intersection being monitored for cross traffic, Alan’s dream came to a crashing halt. Literally. As a race official frantically tried to signal an approaching cement truck to stop, the truck skidded into the intersection just as Alan was crossing it.
As you can imagine, three tons of truck vs. a 20 lb. bicycle never ends well.
With compound fractures to his upper and lower right leg and internal injuries from being run over, Alan was transported to a Sheboygan hospital. He would spend almost 6 months there recovering. Even after being released and heading back to Ohio to recover, he would be in a cast of one kind or another for the next year and a half and have several more surgeries.
Three years after the accident, in an interview with the Milwaukee Journal, he related how he still had a plate in his right leg and a partially paralyzed right foot. After multiple surgeries to repair the broken bones, his right leg was half an inch shorter and nerve damage to his ankle left him with a limp.
Cycling quickly became a distant memory.
Warshafsky Law Personal Injury Attorneys Maximize Compensation by Pursuing All Accountable
When Alan first hobbled into the Milwaukee offices of Warshafsky Law, we were struck by just how broken he was by the accident. It wasn’t just the physical injuries, although they were enough to make anyone shudder. It was the heartbreaking realization his dreams of a career as a cyclist were gone forever. While we couldn’t wave a magic wand and make the nightmare go away, we could go to bat for him in court to see he received financial compensation for all the pain and suffering he had endured.
The first thing we do in any personal injury lawsuit is look into the details of the accident. Having an experienced investigator on staff, we are able to dig deep to find witnesses, get accident reports, physicians’ records and, when possible, take photos of the accident scene before any crucial evidence can be altered or removed. Our Milwaukee personal injury attorneys also look into everyone who had a hand in the accident.
By identifying all those who can be held accountable for an accident, however small a part they may have played, we are able to maximize the financial compensation our clients receive. Often, the dollar amounts involved are so huge as to force entire industries to change the way they do business—for the betterment of all society. We call these Society Changing Judgments.
INJURED? It IS About The Money.®
In Alan’s case, we filed suit against the trucking company whose truck hit Alan and their insurance company, as well as the United States Cycling Federation (the race organizers), the Milwaukee County Council of the Boy Scouts (which provided security for the race) and Sheboygan County (where the accident occurred).
Result: a collective $341,000 out-of-court settlement for Alan. While this may not seem like much for years of misery, when adjusted for inflation it works out to a little over $880,000 in today’s dollars.
It took a few years and a lot of physical therapy, but Alan eventually got back into riding. In 1989, he made a brief return to competitive racing and finished first in the Para-Olympic games—an event for athletes living with physical impairments.
These days, Alan enjoys recreational riding and speaking to youngsters at Ohio schools about what it takes to become an Olympian. Not surprisingly, he also takes the time to talk with them about the importance of wearing a helmet and watching out for cars when they ride in the road or on the sidewalk.
Who You Choose to Represent You Matters More than You May Think
You may have heard commercials in which a big personal injury law firm boasts of settling more cases than any other law firm. The way we see it, this is nothing to brag about.
The thing is, when a case is settled out of court it often results in a dollar amount substantially less than what might be obtained had the case gone to court. Especially if the law firm representing you has a history of settling with insurance companies. As you can imagine, any firm boasting of how many cases they settle has a long history of settling with insurance companies.
Known in the business as “settlement mills,” these kind of law firms have little interest in going through all the work of taking a case to trial. They would much rather negotiate a settlement quickly, get their cut of the loot, and move on to the next case. Bear in mind, though: Insurance companies judge you by the attorney you have representing you. If they know your attorney is with a firm that rarely ever puts up a fight, they know can get away with a lowball settlement offer. Which is precisely what they do.
Choose one of these law firms to represent you and you will forever be kicking yourself.
Warshafsky Law Puts Your Best Interests First
On the other hand, there’s Warshafsky Law. We are the quintessential pain in the rear for any insurance company looking to get off easy in a lawsuit. Unlike the “settlement mill” firms, we prepare every case from day one as if it most certainly will be heard before a judge and jury. Our diligence in preparing for trial and our persuasiveness in arguing cases has not only resulted in record-setting judgments for our clients, it has also helped to clarify Wisconsin law for the benefit of all.
Of course, not all cases go to trial. We’re certainly willing to entertain discussions of settlement. Usually, the prospect of facing Warshafsky Law attorneys in court is so onerous for insurance companies as to elicit uncharacteristically generous offers of settlement. We will always run any offer by you and give our advice on what to do, of course. But know this: Our goal is to get you the maximum compensation possible. We have your back every step of the way and we don’t back down from a fight.
If your case cannot be settled out of court, we’re more than willing to tell the insurance company’s mega-buck attorneys: “See you in court, and have your checkbook ready.”
The Best Bicycle Accident Attorneys in Milwaukee, at No Upfront Cost to You
hen people choose their Wisconsin personal injury lawyer based on the endorsement of a football player or actor, they risk choosing an attorney who has never won more money in a courtroom. Settlement mills forward your paperwork and take a cut of your damages.
Hundreds of times we have prepared cases like yours beyond the brink of trial. Facing unlimited liability AND an expensive jury trial, insurance companies fess up what your case is worth. They HATE when you choose Warshafsky. Insurance companies know: it IS about the money.
If you have been injured in a Wisconsin bicycling accident, we invite you to schedule a free, no-obligation consultation with one of our attorneys. We’ll give you our opinion of the strength of your case and provide helpful information on how the personal injury lawsuit process works in Wisconsin.
While collisions with motor vehicles are the most common bicycle injury accidents in Wisconsin, our personal injury attorneys also have experience with accidents caused by poorly maintained roads or trails and by faulty bicycle frames or components which cause injury. We also handle sports injury lawsuits of all types.
Should you choose to have us represent you, we will waive any payment from you until your case has been resolved and you have received compensation for your injuries—either through an adjudicated award or a settlement offer. Additionally, our No-Win, No-Fee policy ensures you owe us nothing if we do not win for you.
Ultimately, you have absolutely nothing to lose by having Warshafsky Law represent you, but plenty to gain.