Attorney Lisa Pierobon Mays Wins Huge Settlement Victory For Her Work Injury Client In 2024

Attorney Lisa Pierobon Mays Wins Huge Settlement Victory For Her Work Injury Client In 2024

by | Jun 26, 2024 | Workers Compensation

The year 2024 started off especially successful for Attorney Lisa Pierobon Mays with the settlement of a workers compensation injury that involved life-changing injuries to a Wisconsin worker who had a long work history with the same employer doing very strenuous work.  Client S.S. (“SS”) worked as a Diesel Mechanic for a small Wisconsin City Municipality for over 16 years when he was seriously hurt on the job due to heavy mower falling off its hoist while he was working under it.  The 500-pound mower fell off its lift, about 5 feet to the ground, landing on SS’s backside and pinning him. SS landed face down and was pinned to the ground at his hips and low back. SS was able to free himself and scream for Help. A co-worker heard him, called for 911 who kept him stable despite his dropping blood pressure until Med Flight arrived and flew him to the hospital.

SS’s injuries were severe. His urethra was torn from his bladder requiring a catheter. He also suffered a pelvic fracture and injury to his groin. SS’s rehabilitation progress was painful and lengthy.  Regaining mobility took months, pain was constant requiring strong pain medication, nerve blocks, and surgery was performed to repair his urological injuries. SS continues to suffer chronic symptoms and pain.  He is no longer able to work as a diesel mechanic, or any job suitable for his skills and mobility issues. He is deemed functionally permanently and totally disabled, meaning his injury is debilitating enough to deem him not marketable in a normal job setting with his skill set.   Even his time-of-injury employer of over 16 years claimed that they did not have accommodating work for him and dismissed/terminated him from their employment.

The Workers Compensation Insurance Carrier accepted responsibility and paid workers compensation benefits of lost time, medical treatment, medical mileage, and some permanent partial disability but then cut SS off additional workers compensation benefits claiming that he had hit a healing plateau with improvement.  The insurance carrier argued that while SS was no longer able to work as a diesel mechanic, he was not permanently totally disabled and that he was still able to work. With this, they offered SS a minimal settlement amount for the difference in his lower earning capacity now compared to what he made as a diesel mechanic. Confused and uncertain, SS and his family turned to Attorney Lisa Pierobon Mays of Mays Law Office. Attorney Pierobon met with SS and advised him that his claim was worth much more than what the workers compensation carrier was offering.

After hiring Mays Law Office, Attorney Pierobon Mays worked with SS’s medical specialists to complete paperwork supporting his injury as totally and permanently disabling. Attorney Pierobon Mays also hired a Vocational Rehabilitation Expert who met with SS to discuss his past education, work and wage-earning history, current medical condition, chronic pain symptoms, and physical restrictions to give an opinion on SS’s current occupational abilities.

In response, Opposing Counsel hired multiple medical experts to discredit SS’s total disability claim.  One expert even gave a preposterous opinion that the 500-pound mower that landed on SS only caused a contusion to his low back. Opposing Counsel was out for blood when he hired a private investigator to secretly surveil SS over several days, recording video of him with the family horses in a snowy paddock on his own property.  While SS’s mobility in the snow and presence around the horses was of some concern, Attorney Pierobon Mays believed that Opposing Counsel was hoping for more dramatic video footage of SS doing things that he once enjoyed, such as riding the horses, stock car racing, snowmobiling, actively coaching football and hockey, volunteer firefighting, and hunting. Attorney Pierobon Mays argued that the omission of such activities in SS’s life proved the seriousness of SS’s injury because a person would never truly give up all of these fulfilling things, once loved by SS, if he could still physically do them.

Settlement negotiations intensified days before the scheduled hearing in May 2024 where Attorney Lisa Pierobon Mays and Opposing Counsel argued back and forth the strengths and weaknesses of each other’s case. Ultimately, the workers compensation insurance carrier agreed to settle for more than five times the amount that they originally offered to SS before hiring Attorney Lisa Pierobon Mays!  In addition, Attorney Lisa Pierobon Mays helped coordinate that a large portion of the settlement monies be placed into an Annuity that would pay monthly benefits, guaranteed, until Summer 2044 and then monthly thereafter for SS’s lifetime.  This settlement would sustain SS comfortably during his lifetime and leave a legacy for his family should he pass before 2044.  SS was overcome with emotions and relief with the settlement terms as the litigation was weighing heavy on his mental health.

Attorney Lisa Pierobon Mays has been representing injured workers for almost three decades. She aggressively advocates for the Wisconsin injured worker. Attorney Pierobon Mays works directly with every single one of her clients. Her clients are never pushed off to a paralegal or legal secretary, she handles every single communication with them.  This kind of attention to detail has given Attorney Lisa Pierobon Mays the coveted 5 Star Google Rating based on true and honest reviews from her past client’s. Such an accomplishment is very hard to achieve because Google demands authenticity and refuses to delete unfavorable reviews.

Attorney Lisa Pierobon Mays is not intimidated to take on prominent business or their insurance companies when an injured Wisconsin worker has been treated unfairly in the denial of workers compensation benefits. A free consultation is offered at Mays Law Office so do not hesitate to call Mays Law Office at (608)257-0440.  Attorney Lisa Pierobon Mays is happy to answer your questions.

Wisconsin OWI Case: Should I Testify?

Wisconsin OWI Case: Should I Testify?

by | Jun 1, 2024 | DUI Defense

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If you have been charged with operating while intoxicated (OWI) in Wisconsin, should you testify in court? Or, is it better to stay silent and rely on other means of defense? Just like requesting a jury trial—which we discussed in last month’s post—the short answer is, “It depends.”

Understanding Your Right to Testify in Wisconsin

First, let’s talk about your right to testify. When you are facing an OWI case in Wisconsin, you have the right to testify in your own defense. You have the right to take the stand, and you have the right to explain what happened from your point of view—with the goal of convincing the judge or jury that a “Guilty” verdict is not warranted.

Whether you take the stand is completely up to you. While you have the right to testify if you choose to do so, the prosecution cannot force you to face the judge or jury under oath. However, if you choose to testify, then the prosecution does get the right to conduct a cross-examination. You can assert your privilege against self-incrimination during cross-examination, but you cannot refuse to answer prosecutors’ questions entirely.

When Does It Make Sense to Testify in an OWI Case?

With this in mind, when might you want to testify? Testifying can make sense in various circumstances. For example, it may be worth testifying in your OWI case if:

  • You Need to Set the Record Straight – If you made self-incriminating statements during your OWI arrest, taking the stand could provide an opportunity to set the record straight. Did the arresting officer ask confusing questions? Did you get flustered? Did you feel pressured to say something that you didn’t mean? If prosecutors are already planning to use your own words against you, then testifying could make sense.
  • You Weren’t Driving Under the Influence – If you are absolutely certain that you weren’t driving under the influence, then you don’t have anything to hide. While you will still need to be thoroughly prepared to deal with the prosecution’s cross-examination, this could be a situation in which it makes sense to testify as well.
  • The Prosecution’s Evidence is Limited – It could also be worth taking the stand if the prosecution’s evidence is limited. For example, if the prosecution’s case largely hinges on your arresting officer’s testimony, telling your side of the story could be enough to convince the judge or jury that the prosecution hasn’t proven your guilt beyond a reasonable doubt.

It won’t always make sense to testify in these scenarios—and these aren’t the only scenarios in which it may make sense to testify on your own behalf. Rather, these are examples of situations in which it may make sense to take the stand in some cases. Due to the potential risks involved with taking the stand, you need to make an informed decision about whether to testify, and this means that you should discuss your case with an experienced OWI defense attorney.

Why Wouldn’t You Take the Stand in Your Own Defense?

Now that we’ve covered some of the scenarios in which it can make sense to testify, why wouldn’t you take the stand in your own defense? Simply put, taking the stand can be risky. As you evaluate your options, it will be important to consider factors such as:

  • You Might Not Perform as Well as You Expect To – Almost everyone gets nervous on the witness stand. No matter how much you prepare, and no matter how confident you are in what you are planning to say, testifying under oath when you have a lot at stake can be overwhelming. If you say the wrong thing, or if you come across as being scared or nervous, this could have adverse consequences for your defense.
  • You Will Need the Judge or Jury to Believe You – While some forms of evidence are undeniable, testimony is not. No matter how honest you are on the stand, there is a chance that the judge or jury simply won’t believe you. If this happens, testifying could have the opposite of its intended effect.
  • Testifying Means Submitting to Cross-Examination – As we mentioned above, if you choose to testify, you will be subject to cross-examination. Many prosecutors are very good at what they do, and they know how to get defendants to contradict themselves and say things that make them appear untrustworthy.

Taking the stand can entail other risks as well. Understanding the specific risks in your case requires a careful look at the facts involved. Once again, an experienced OWI defense attorney can help, and we strongly recommend speaking with an attorney before you make any decisions about how to approach your case.

What Are Your Options if You Don’t Testify?

Let’s say you choose not to testify. If you don’t take the stand, what can you do to fight your OWI? While the options you have available depend on the facts of your case, some examples of potential options include:

  • Seeking to have the prosecution’s evidence excluded from trial based on a lack of reasonable suspicion or probable cause.
  • Challenging the reliability of your field sobriety test (FST) results or your blood alcohol concentration (BAC) reading.
  • Showing that the prosecution’s evidence is insufficient to prove all elements of your OWI charge beyond a reasonable doubt.
  • Negotiating a plea bargain that reduces your OWI to a reckless driving charge (commonly referred to as a “wet reckless”).

Discuss Your Case with an OWI Defense Lawyer at Mays Law Office in Madison, WI

Do you have questions about testifying in your Wisconsin OWI case? If so, we invite you to contact us for a free and confidential consultation. To discuss your case with an experienced OWI defense lawyer in Madison, give us a call at 608-305-4518 or tell us how we can reach you online today.

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