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Recent Blog Posts
Establishing Paternity in Wisconsin
A child deserves to have a relationship with and receive support from both parents, whether his or her parents are married or unmarried. In cases when parents are not married at the time of a child’s birth, or when the identity of the child’s father is in question, it is important to follow the proper legal procedures to establish paternity. This will ensure that a child’s parents can exercise their parental rights and that the child will receive the financial support he or she needs from both parents.
Methods of Establishing Paternity
Wisconsin law recognizes three ways to establish paternity:
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Voluntary acknowledgement – Both parents may sign a Voluntary Paternity Acknowledgement form after a child is born. After doing so, the father’s name will be added to the child’s birth certificate. This form is available at all Wisconsin hospitals or at child support agencies, local Register of Deeds offices, or the state Vital Records Office. Before signing a Voluntary Paternity Acknowledgement form, parents should be sure that the alleged father is the child’s actual, biological father. If necessary, DNA testing may be performed prior to signing the form.
Penalties for Impaired Driving in Wisconsin
by Attorney Steven McGaver and Law Clerk Nick Nelson
Operating while under the influence of alcohol or other intoxicating substances is a serious offense that can greatly affect a person’s ability to drive, reputation, criminal record, insurance rates, finances, or even career. Offenses commonly known as “drunk driving” are known as Operating While Intoxicated (OWI) in Wisconsin, and drivers should be sure to understand the consequences they may face if they are arrested for OWI.
OWI Penalties
A person commits OWI if he or she operates a vehicle while under the influence of any substance that impairs his or her ability to drive safely. Drivers may also be charged with a Prohibited Alcohol Concentration (PAC) if their blood alcohol content (BAC) is .08 g/210L or higher (for drivers who have previously been convicted of three or more OWI charges or who are required to use an ignition interlock device, the legal limit is .02 g/210L) or if they have any detectable amount of a controlled substance in their system.
Wisconsin Business Formation: Which Option is Right for Me?
Business owners invest a great deal of time and money into their companies, and they will want to be sure they are able to reap the rewards for their efforts. When forming a business, it is important to select the correct entity that will allow you to file taxes properly and address liability issues.
Common business entities in Wisconsin include the following:
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Sole Proprietorship – In this type of business, there is no separation between the owner and the company. Revenue generated by the company is taxed as part of the owner’s income, and the owner is personally liable for business debts.
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General Partnership – This type of entity is similar to a sole proprietorship, except that ownership of a business is divided between two or more partners.
Wisconsin Commercial Litigation: Fighting a Breach of Contract Claim
When a business becomes involved in a legal dispute, it can have a major impact on the company’s bottom line. While the costs of commercial litigation can be significant, successfully defending against a lawsuit can help avoid being required to pay damages. Breach of contract lawsuits are one common type of commercial litigation, and business owners should be sure to understand their options for defending against accusations that they have not fulfilled their contractual responsibilities.
Breach of Contract Defenses
When a business is accused of breaching a contract, either in part or in full, it is important to raise every possible legal defense. A defendant in a breach of contract lawsuit may use “affirmative defenses” which argue that even if a breach occurred, certain circumstances occurred which caused the contractual agreement to be void. Some affirmative defenses include:
Summer Boating Safety and Accident Prevention
During the hot summer months, spending time on the water is a great way to enjoy the outdoors while staying cool. However, the increased use of boats during the summer leads to a higher likelihood of boat accidents, which can result in serious injuries.
The U.S. Coast Guard reported 4,291 boating accidents across the United States in 2017, resulting in 658 fatalities and 2,629 injuries. In Wisconsin, there were 106 reported incidents, which resulted in 25 fatalities and 79 injuries. Those who use boats can decrease the risk of boat accident injuries by following the proper safety measures.
Practicing Boat Safety
Boat operators and passengers can protect their safety by following these tips:
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Wear a Life Jacket – The number one cause of death in Wisconsin boating accidents is drowning. In 88 percent of fatal boating accidents, a person was not wearing a life jacket, and 53 percent of boat operators were not wearing life jackets when they were involved in an accident. Ensuring that boat operators and passengers are wearing the proper flotation devices can mean the difference between life and death in a boat accident.
Wisconsin Real Estate Litigation: Common Home Buyer Disputes
Buying or selling a home can be a lengthy, complicated process, requiring both parties, their real estate agents, and their attorneys to meet a variety of legal and financial requirements. Unfortunately, disputes can arise in which a party fails to abide by the terms of the purchase contract, and real estate litigation may be necessary to resolve these matters. Consider the following common issues that can lead to legal disputes in real estate transactions:
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Failure to disclose - Under Wisconsin law, a seller is required to fully disclose any known defects that affect the value of a property, present safety issues for those who use it, or result in a shortened lifespan for the premises. Failure to disclose required information may result in the buyer rescinding the purchase contract. Furthermore, in some cases, a seller may be required to pay damages to the buyer.
Understanding Wisconsin’s Driver’s License Point System
At some point in life, most people experience being pulled over by police or receiving a ticket for a traffic violation. While a traffic ticket can disrupt your life and affect your insurance rates, drivers may not worry too extensively about the consequences of these seemingly minor offenses. However, it is important to realize that each ticket received goes on your driving record, and multiple offenses may result in serious consequences to your license.
Wisconsin’s Point System
Under Wisconsin law, each moving violation that a driver receives assigns a certain number of demerit points to his or her driving record. Points vary depending on the seriousness of the offense, and some common violations and their point values include the following:
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Speeding up to 10 miles per hour over the speed limit – three points;
What is Possession of a Controlled Substance in Wisconsin?
The state of Wisconsin treats drug crimes very seriously. While drug distribution or trafficking can result in lengthy jail sentences or extensive fines, simply being in possession of an illegal drug (known as a controlled substance) can also lead to severe punishments. Those who are facing drug charges for possession should be sure to understand how Wisconsin laws affect them.
Penalties for Drug Possession
Under Wisconsin law, it is illegal to possess or attempt to possess a controlled substance, unless a person has a valid prescription or is legally authorized to possess the drug in question. Controlled substances are grouped into different “schedules” depending on their potential for abuse and their accepted use for medical treatment.
Drowsy Driving Can Lead to Dangerous Car Accidents
Most people spend time on the road each day, and driving is such a habitual activity that the dangers are often forgotten. However, it is important to remember that anyone who gets behind the wheel has a duty to protect the safety of those who use the road. Unfortunately, drivers can neglect this duty and act in a manner that puts themselves and others in danger. One of the most common ways that people do so is driving while drowsy, which can lead to serious and often fatal car accidents.
The Dangers of Drowsy Driving
The National Highway Traffic Safety Administration has reported that around 800 fatalities occur in the United States every year due to drowsy driving. However, other studies have suggested that the problem is even more widespread, and fatigued driving may be a factor in as many as 1.2 million car accidents every year, leading to up to 8,000 deaths and 500,000 injuries.
Common Types of Soft Tissue Injuries After a Car Accident
Motor vehicle collisions can be incredibly traumatic, resulting in serious, life-changing injuries such as broken bones, traumatic brain injury, or paralysis. However, even if someone does not suffer major trauma, a car accident can cause long-lasting harm that is not immediately evident.
Soft tissue injuries can occur in minor collisions. Therefore, if you have been involved in a motor vehicle accident, it is important to be aware of the symptoms of these types of injuries and seek treatment. Being armed with this information will help ensure that you are able to pursue compensation from the party or parties responsible for your damages.
What Are Soft Tissue Injuries?
While injuries such as broken bones or lacerations are immediately obvious following a car accident, injuries to the body’s soft tissues (muscles, tendons, and ligaments) may be less noticeable. However, the violent motion the body experiences in a collision can result in a variety of injuries to these tissues, including:
