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Recent Blog Posts
How Are Damages Awarded in a Wisconsin Wrongful Death Case?
In Wisconsin, injury victims have the right to file a personal injury claim seeking compensation from the negligent parties who were responsible for their damages. Unfortunately, not all injury victims survive long enough to initiate the process, let alone benefit from the compensation. However, this does not mean that there is no way of holding the negligent party accountable. The victim’s surviving family members can also pursue compensation through a wrongful death lawsuit. If you have recently lost a loved one due to someone else’s negligence, you should be sure to understand your rights to pursue financial compensation.
Protections for Minor Children of the Deceased
According to Wisconsin law, a wrongful death action must be initiated by either the personal representative of the victim’s estate, or the victim’s next of kin who is entitled to compensation. Often, this is the victim’s spouse or domestic partner. However, when the victim has children under the age of 18 at the time of their death, the court responsible for hearing the wrongful death case will seek to ensure that those children have access to the resources they need now that their parent is no longer able to provide them. When determining an appropriate amount to set aside, the court will consider factors including the children’s ages and needs, as well as the capacity of a surviving parent to provide for them.
Establishing Paternity in Wisconsin by Genetic Testing
By Until recently, Wisconsin parents seeking to establish the legal paternity of a child could do so in one of three ways. Two of those methods, a Voluntary Paternity Acknowledgment and an Acknowledgment of Marital Child, require the consent of both parents, which is not easy to obtain when the parents are in disagreement. The third method, petitioning for a court hearing, can help to resolve disagreements between parents, but it may come with a significant investment of time and money on the part of the parties to the case.
However, since August 2020, a new method known as Conclusive Determination of Paternity can help parents resolve paternity cases without requiring the extensive involvement of the court. If you are an unmarried or alleged parent, it is a good idea to learn about the process of conclusive determination to understand how it could affect your case.
Common Injuries in Wisconsin Rollover Accidents
Rollover accidents can happen for a number of different reasons, and injuries suffered by vehicle occupants are often severe. Though vehicle safety features are continuing to improve in order to better protect drivers and passengers, the force of multiple impacts is still capable of injuring nearly every part of the body, potentially resulting in high medical bills and a long, difficult recovery process. If you have suffered serious injuries in a rollover car crash, it is important to determine whether you can pursue compensation from a negligent party.
Rollover Injuries Vary in Nature and Severity
The National Highway Traffic Safety Administration (NHTSA) and other research organizations have studied rollover accidents extensively over time in order to better understand their outcomes and promote measures to mitigate injuries. Through their research, they have determined that certain types of injuries are more common depending on the characteristics of the crash. Some of the most frequently occurring injuries include:
Are Wisconsin Drug Offenders Eligible for Pretrial Diversion?
The circumstances leading to criminal charges for drug possession can be complicated, and in many cases, they involve a history of substance abuse on the part of the alleged offender. The State of Wisconsin recognizes that treatment, education, and rehabilitation are often more effective responses to drug offenses than a harsh prison sentence. As such, the state allows a one-time conditional discharge and dismissal of charges for certain first-time drug offenders. This treatment option is an alternative to a prison sentence for offenders who are dependent on a controlled substance.
Some Wisconsin counties, including Milwaukee County, take these measures a step further by offering pretrial diversion programs for drug offenders. If you are facing drug charges, your attorney can help you understand whether you are eligible for one of these programs and take the necessary steps to fulfill your requirements.
What Are the Requirements of a Wisconsin Spousal Maintenance Order?
By In a Wisconsin divorce, spousal maintenance or alimony is sometimes ordered to provide support for a spouse who is likely to have difficulty providing for themself without their former partner’s income, perhaps due to their health, childcare responsibilities, or lack of education and work experience. When maintenance is ordered, the paying spouse has an important legal responsibility to make the payments on time and in the full amount. However, they should also be aware of other obligations that are likely to be included in the court order.
How Is Spousal Support Paid in Wisconsin?
Typically, rather than making payments directly to their former spouse, the paying party in a maintenance order will be required to make payments to the Wisconsin Department of Children and Families (DCF) or a party designated by DCF. The recipient of the payments is responsible for ensuring that they are disbursed appropriately to the receiving party. Failure to make full, on-time payments to DCF or their designee can result in enforcement proceedings against the paying spouse.
How Do Penalties Change for Repeat OWI Offenses?
Operating while intoxicated (OWI) is a serious criminal offense, regardless of whether you have a prior history of convictions. Consequences of an OWI conviction include fines, driver’s license revocation, and a lasting criminal record, even for first-time offenders. However, the consequences can become much more severe if you are facing OWI charges a second, third, or subsequent time. If you are arrested for OWI with a previous conviction on your record, it is crucial that you hire an attorney who can help you avoid the full extent of the penalties you may face.
Second OWI Offense Penalties Depend on the Timeframe
In Wisconsin, if your second alleged OWI offense comes more than 10 years after your first conviction, the potential penalties will likely be the same as if you had no prior conviction. Namely, you may face a fine of up to $300, a $435 OWI surcharge, and revocation of your driver’s license for up to nine months, but you are unlikely to be sentenced to any period of confinement or imprisonment. However, if the second offense comes within 10 years of the first, the possible penalties become more substantial. Fines can increase to up to $1,100, the license revocation period can increase to up to 18 months, and the sentence can include up to six months in prison.
What Is a Reservation of Rights Letter?
If you or your business is the subject of a claim or lawsuit, and you have insurance, there is a good chance you might receive one of these letters from the insurance company. What is a “reservation of rights letter,” and how does it impact you or your business?
Often, an insurance company is willing to provide a defense to these claims to protect its insured, as well as the company’s own interests in mitigating damages or disputing liability. However, some of these interests can come into conflict when the insurance company discovers pursuant to its review of the file or further investigation that it may not cover some or all the claims against you or your business in a lawsuit.
For example, if you are involved in negligent conduct that may expose you to a punitive damage claim, you may receive a reservation of rights letter from the insurance company. You may find it beneficial to consult with an attorney who is experienced in the interplay of potentially covered liability claims and individual claims not covered by any policy.
How Can I Receive Compensation After a Wisconsin Hit-and-Run Accident?
Recovering fair compensation for car accident injuries is often challenging, as negligent drivers may attempt to deny their fault, and insurance companies may seek to keep payouts to a minimum. Hit-and-run accidents add another layer to these challenges, making it difficult to know whom you can even file a claim against. However, with the help of a personal injury attorney, you can better understand your options and determine the course of action that is most likely to lead to a favorable result.
Identify the At-Fault Driver
One option for recovering compensation after a hit-and-run accident is to work with law enforcement and your attorney to investigate, identify, and locate the driver who fled the scene. You should be sure to call the police as soon as possible after the crash and give them any information you can that may help them find the driver, including a description of the vehicle or the driver’s appearance, the direction in which you saw them leave, and anything you can remember of a license plate number. Your attorney can also help you collect statements from witnesses and determine whether the driver may have been caught on camera.
How Can I Enforce a Wisconsin Child Custody Order?
When a couple with children chooses to get a divorce in Wisconsin, one of the most important issues that must be resolved is the children’s custody and physical placement. Physical placement decisions are often complicated and emotionally charged, and they require the consideration of many different factors, including the children’s needs and best interests, the wishes of the children and parents, and the effects on relationships between parents and children.
Extensive discussions or a contested battle in court are sometimes needed to reach a decision on these matters, and once a child custody order has been issued, it can be incredibly frustrating and distressing when your former spouse fails to follow its terms. You should know that if you find yourself in such a situation, you can take legal action to enforce the order and ensure that you have the time with your children to which you are entitled.
Can I Take Legal Action Against My Loved One’s Estate Personal Representative?
If you have recently lost a loved one and expect to inherit from his or her estate, you will most likely be impacted by the process of probate, during which the estate is settled and assets are distributed to the deceased’s heirs and beneficiaries. One of the most important figures during the probate process is the estate personal representative or executor. Many estate representatives are motivated to perform their duties to the best of their abilities, but some are not so capable. If you believe that your loved one’s estate representative is not suited for his or her role, you may be able to take legal action to have that person removed and replaced.
What Are the Duties of a Personal Representative in Wisconsin?
Typically, a personal representative is named in the deceased’s will or appointed by the probate court according to state law. An estate representative has significant authority to manage a person’s property after his or her death, along with important responsibilities to settle any claims against the estate by creditors and to distribute the remaining assets to the appropriate heirs according to the decedent’s will or intestate succession laws. The personal representative is also responsible for keeping interested parties informed throughout the probate process.
