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Recent Blog Posts
What Steps Are Followed When Litigating a Civil Lawsuit?
Civil litigation is the legal term for a conflict being settled in court. These conflicts can be between two or more parties, and they typically involve business deals and/or monetary disputes. If the parties, also known as the plaintiff and the defendant, cannot come to an agreement themselves, they will take the case to court to have a judge or jury make a final decision. Civil litigation cases have a specific procedure that is followed to ensure that all of the parties have a fair legal hearing.
A Guide to the Litigation Process
Any legal process may seem complicated because of the use of legal jargon. However, when the procedure is broken down and explained in layman's terms, it becomes relatively self-explanatory. A civil case will typically involve the following steps:
- Complaint and Response: The process must first begin with an initial complaint from a plaintiff about the defendant. The complaint will lay out all of the issues that the plaintiff has with the defendant. The defendant will then file an answer in response to the alleged wrongdoing.
Criminal Justice Reform Bill Could Change Wisconsin Expungement Laws
Under Wisconsin law, expungement means “to strike or obliterate from the record all references to the defendant’s name and identity.” In other words, this removes a person’s criminal past from their record. The purpose of this is to give individuals a second chance. A criminal record can follow someone for the rest of their life, especially since online tools are available that allow anyone to research a person’s background. Websites such as Wisconsin Circuit Court Access allow users to search names and find people’s criminal records, and this can affect a person’s ability to find a job, obtain housing, or apply for education, and it can also impact someone’s personal reputation and relationships. Many advocates are calling for reform of Wisconsin’s expungement system to reduce the negative repercussions faced by people who have served a criminal sentence.
What Is Healthcare Fraud?
When a business faces accusations of healthcare fraud, this can have a massive impact on its bottom line, since in addition to facing fines and other consequences related to criminal charges, its reputation in the community is also likely to suffer. This type of fraud can affect consumers, providers, and insurers, and it can cause the costs of everyone’s healthcare benefits to rise. Because of these negative effects, these crimes are taken very seriously by law enforcement officials, and those who have been accused of healthcare fraud should be sure to understand the charges and the potential consequences.
What Does Healthcare Fraud Look Like in Action?
Healthcare fraud occurs when false or misleading information is intentionally submitted in order to determine the amount to be charged for healthcare benefits that a person can receive. This definition covers a wide variety of actions in the real world. Some examples include:
What Are the Benefits of a Special Needs Trust?
By All parents hope that their children will be safe and happy throughout their lifetime. This concern can be a serious stressor for parents of special needs children. While some individuals with special needs can live a fully functioning life, many struggle to do everyday things without the help of another adult. Parents may fear that their child will not have a form of income to sustain themselves, and they may want to take steps to ensure that their child is provided for.
One of the best ways to create peace of mind is by forming a special needs trust. This type of trust holds and protects financial assets for the benefit of a disabled beneficiary. Many of these trusts receive assets from a legal settlement that involves the special needs child, while others are created through an estate plan. This allows parents to provide the child with assets that can be used during or after the parents’ lifetime, as well as life insurance proceeds after their death.
What Remedies Are Available in a Breach of Contract Case?
By Attorney Jaclyn Kallie and Law Clerk Nathan Froemming
Contracts are important for any business, and if the terms of a contract are not followed, this can have a significant impact on a company’s bottom line. If a party is not meeting their contractual obligations, you might wonder what options you have. In a breach of contract case, you may be able to seek multiple types of remedies, including:
1. Liquidated Damages
Liquidated damages are available when the contract at issue has a clause setting damages in the event of a breach. While this may seem like a straightforward provision, there are often arguments that can be made that would call into question whether liquidated damages are appropriate under the specific circumstances in your case. For example, the contract may provide for liquidated damages only under certain types of breach.
How Accurate Is a Breathalyzer Test During an OWI Traffic Stop?
In Wisconsin, refusing a breathalyzer test after being arrested for suspected drunk driving can result in the suspension of your driver’s license. However, what many people do not know is that a roadside blood alcohol content (BAC) test is voluntary. Due to the danger of license suspension, many people submit to a breathalyzer test and live with the results that come from it. However, breathalyzer tests are not always 100 percent accurate, and there are ways to challenge the results in Wisconsin courts.
Tests Used By Police to Determine BAC
A breathalyzer test is a way to measure the amount of alcohol in someone’s body by taking a breath sample. In Wisconsin, a person can be convicted of drunk driving if it is determined that his or her blood alcohol content is .08 or higher. While the courts generally consider breathalyzer tests to be reliable, blood tests are widely regarded as the most reliable means to test BAC. Urine tests have also been used to measure BAC; however, those tests are often less reliable than breathalyzer or blood tests.
Who Is at Fault When a Car Accident Occurs in a Construction Zone?
You may be driving on a road in a place where you travel all the time, when suddenly the road changes in some way due to construction. Construction zones pose significant risks to motorists, because they can unpredictably change a road, and drivers may be unsure about the proper ways to navigate these changes. In addition, construction zones can create dangerous roadway conditions if care is not taken to properly set up detours or closed lanes. Due to these factors, car accidents in construction zones are common. In fact, Wisconsin sees about 2,000 work zone accidents each year.
Causes of Construction Zone Wrecks
Every construction zone is different, and there are numerous ways drivers become involved in construction zone accidents. Some of these ways include:
- Traffic may slow due to a reduction of the number of lanes of travel. An accident may occur if a driver does not notice that he or she needs to merge.
The Dangers of Bicycle Accidents Caused By "Dooring"
By Law Clerk Jason Findling
“Dooring” is a type of traffic accident where a bicyclist crashes into an open car door while riding on the road or a bicycle path. Opening a car door without checking for bike riders may cause a cyclist to collide with the car door, fall from their bike, and be thrown into traffic. These types of traffic bicycle accidents often cause serious injuries to cyclists and can even result in death to a biker. So, it is crucial that car drivers and passengers pay attention to their surroundings when opening car doors in bike lanes or in any other situation where a bicyclist may be near their vehicle.
Wisconsin Law on Dooring
Under Wisconsin law, the person opening a car door is responsible for looking to see if a cyclist, pedestrian, or another motor vehicle will be hit by their car door if it is opened. While sometimes the cyclist is at fault, a court is more likely to conclude that the car occupant should have taken more precaution before opening their door. Because car drivers often have enough time to double-check for oncoming bike riders, car occupants need to ensure that opening their car door will not interfere with traffic or cause a crash.
Elder Law: Guardianship vs. Power of Attorney
Estate planning is critical for everyone. Without a will in place, you will have no say about where your assets will go when you die. Two other areas of estate planning law that are often forgotten about but can be just as important are guardianship and power of attorney.
These two legal mechanisms are relevant when a person no longer has the capacity to make decisions for him or herself. If someone you love is in this situation, it is important to speak to an attorney to ensure that you have the legal protection you need when caring for them. Likewise, an attorney can help complete the necessary documents ahead of time, ensuring that your needs will be met and your wishes will be followed if you or your loved ones ever become incapacitated.
How Will an OWI Arrest or Conviction Affect My Medical License?
By Being arrested for operating while intoxicated is scary. The first thing most people worry about is how the arrest and subsequent conviction will affect their driver’s license and their ability to drive. They hire an attorney who is experienced with OWI cases. But, if you are a healthcare professional in Wisconsin, you also need an attorney who is experienced with professional licensing defense.
Depending on your professional license, you may or may not need to report your OWI conviction to the licensing board that granted you your license. If you are renewing your license while the case is pending, meaning after your arrest but before the case is resolved, you will most likely need to report the arrest on your renewal application.
