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Steps to Take Following a Personal Injury in Wisconsin
When a car accident, pedestrian accident, or wrongful death causes harm to you or someone you love, it can disrupt your entire life. According to the National Center for Health Statistics, a department within the Centers for Disease Control and Prevention (CDC), about 39.5 million people are injured around the globe every year. You should not be stuck with lost wages, medical bills, and additional financial burdens because of your injury. The best way to settle your case and receive maximum compensation is to hire a skilled personal injury attorney.
Types of Personal Injury Cases
Personal injuries can happen in a range of different situations such as:
Domestic Violence Cases on the Rise During Wisconsin’s Stay-at-Home Order
By The COVID-19 crisis and statewide quarantine required many families to stay in their homes together for far more time than under normal circumstances. This difficult time has been complicated even further because many have suffered financially, lost employment and have had to deal with a disruption in school or care for their children. Unfortunately, these added stressors can result in an unstable and tumultuous home life and even in the worst circumstances, domestic violence.
Domestic violence affects families around the nation and throughout the world. Discord in familial relationships is very complex, and if you have been accused of perpetrating this type of sensitive crime, you will want to understand the nature of the charges, your options for defense, and how a criminal prosecution and conviction for this type of offense can impact your family and life going forward.
How Has COVID-19 Affected Divorce Cases in Wisconsin?
By The coronavirus has had a staggering effect on the United States’ business infrastructure, the unemployment rate, and the economy as a whole, but it has also had a more personal impact, affecting our family dynamics and how we go about our daily lives. Currently, many states and cities are attempting to reopen the economy and work towards introducing a new normal. However, for those who are in the midst of a divorce or child custody case, that new normal will contain a variety of additional issues that will need to be addressed.
Whether you need to address trial postponements or child custody orders, you may be struggling with uncertainty about how your case should be handled. To ensure that these matters are addressed properly, you should work with a family law attorney who can help you determine the best steps to take to achieve success in your case.
Protecting Yourself From Pandemic Fraudsters
By The federal Fair Credit Reporting Act (FCRA) requires each of the nationwide credit reporting companies — Equifax, Experian, and TransUnion — to provide individuals with a free copy of their credit report, at their request, once every 12 months. The Coronavirus Aid, Relief, and Economic Security (CARES) Act of March 2020 also gives consumers some credit protections. It dictates how companies that send data to the credit bureaus will report accounts for which consumers have payment accommodations in place. If a consumer has an accommodation, and they live up to their end of the deal, an account that had been current previously will continue to be reported that way for both account status and payment history, assuming compliance with the accommodation. A consumer can also ask lenders to add a code to their credit report to indicate that they were “affected by a natural or declared disaster.”
Nursing Home Lawsuits Resulting from the COVID-19 Outbreak
Nationally, COVID-19 deaths in nursing homes have exceeded 20,000. Faced with a potential flood of lawsuits, states are granting emergency protections from claims of inadequate care. In Wisconsin, health care providers have been granted immunity from civil liability, with certain exceptions, for injuries, deaths, or other types of damages resulting from their services during the COVID-19 crisis. This immunity provision, found in a newly created statute, sec. 895.4801, is part of a larger COVID-19 relief law that was signed into law by Gov. Tony Evers on April 15.
The law grants immunity to health care "providers" and "professionals," which includes hospitals, nursing homes, assisted living facilities (Residential Care Apartment Complexes, Community Based Residential Facilities, and Adult Family Homes), hospice, physicians, nurses, physician assistants, and physical, speech, and occupational therapists. This immunity also covers employees, contractors, and agents of the aforementioned providers and professionals.
Do Contamination Clauses Provide Insurance Coverage During the Coronavirus?
By Law Clerk Nathan Froemming.
Has your insurance claim been denied despite the presence of a “contamination clause” in your insurance policy? The coronavirus has caused businesses to close across the nation, resulting in lost revenue for many small business owners. As a result, many businesses, especially restaurants and bars, are reviewing their insurance policies to see if they can file an insurance claim to seek relief.
One common provision found in insurance policies is a “contamination clause.” For example, an insurer may pay for lost business income caused by “‘Contamination’ that results in an action by a public health or other governmental authority that prohibits access to described premises or production of your product.” Furthermore, “contamination” is defined in some policies as “a defect, deficiency, inadequacy or dangerous conditions in your products, merchandise, or premises.” This is the language found in one insurance policy, so different policies might have different language or exclusions that may impact the coverage. An insurance claim will always depend on the terms of an individual policy, so remember to look at your own policy.
Interpreting Contract Provisions During The COVID-19 Outbreak
The impact of the COVID-19 outbreak continues to escalate each day. Issues continue to arise both due to the outbreak itself and as a result of our response to it. We will continue to monitor the legal implications of the pandemic and help address legal and practical issues that may arise during this challenging time.
The COVID-19 pandemic presents multiple different types of potential contractual issues. Of particular importance is a force majeure clause that may be present in a contract. A force majeure clause is intended to address a potential "force of nature" disruption that may excuse performance of a contract. Even if a contract does not have a force majeure clause, it may still be possible to excuse performance under other legal theories, including frustration of purpose.
Force Majeure
In broad terms, a force majeure clause is a provision of a contract in which the parties to the contract agree to excuse performance if one or both of the parties can no longer perform due to unforeseen external events beyond their control. Often, a force majeure clause is standard boilerplate language – included in a contract with little thought or negotiation. If you are contemplating entering into a new contract during this uncertain time, you should consider including a force majeure provision. In addition, you should consult with counsel to ensure that you are protected from situations outside your control.
What Administrative Rules are Suspended for Nurses in Wisconsin?
By Prior to the COVID-19 pandemic, there was a nursing shortage in Wisconsin. Now, that shortage is reaching a critical level. The State of Wisconsin and Governor Tony Evers have taken an “all hands-on deck” approach. On Friday, March 27, 2020, Governor Evers Issued Emergency Order #16, relating to certain health care providers and the Department of Safety and Professional Services (DSPS). The Order applies to all heath care providers in various licensing situations.
Several administrative rules pertaining to nursing were suspended in this Order in an effort to increase the availability of nurses in Wisconsin during this health crisis. These administrative rules primarily affect new nurses and nurses whose licenses have expired.
What Does Governor Evers’ Order Mean for Out-of-State Health Care Professionals Currently Living in Wisconsin?
By On Friday, March 27, 2020, Governor Tony Evers Issued Emergency Order #16, relating to certain health care providers and the Department of Safety and Professional Services (DSPS). The Order applies to all heath care providers in various licensing situations. The purpose of the order is to increase the availability of health care providers in Wisconsin during this health crisis. One group that is addressed in the order are out-of-state licensed health care professionals who are currently living in Wisconsin. Under certain circumstances, an out-of-state licensed health care professional may be able to practice in Wisconsin without first obtaining a temporary or permanent license.
Normally, a health care provider licensed in another state needs to go through the licensing process in Wisconsin. Under Governor Evers’ order, a health care provider with a valid and current license issued by another state is able to practice under that license and within the scope of that license in Wisconsin. The license holder does not need to first obtain a temporary or permanent license from DSPS prior to starting work if the following conditions are met:
How Will the Coronavirus Affect Business Law and Civil Litigation?
Courts in each county, as well as the Eastern and Western Districts of Wisconsin, have responded differently to COVID-19 by implementing a variety of measures that are affecting existing and contemplated civil litigation matters. We are continuing to monitor these announcements and are committed to providing you with the most up-to-date information as it becomes available. Most notably, on March 22, Justice Bradley issued an order suspending all civil jury trials scheduled prior to May 22 and temporarily suspending all in-person proceedings statewide, with certain limited exceptions. Many hearings and court conferences can and will continue to occur by remote attendance. Likewise, mediations and depositions can also be conducted remotely. While remote technology can provide an alternate solution to certain aspects of litigation, not every court will be as sympathetic as others with regard to extensions, and parties need to remain mindful of existing deadlines.
