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The Wells Fargo Scandal: Identity Theft and Misuse of Consumer Information

 Posted on November 11,2016 in Consumer Law

milwaukee identity theft lawyersBy Ray Dall'Osto

Bank accounts being secretly opened in your name by bank employees. Credit cards opened in your name, charges made, bills never received and never paid, and your credit rating taking a hit for something you never even knew about.  How could this be?

Letters from your mortgage lender warning that payment of your property taxes, water, sewer and special assessments are overdue and must be paid immediately.  But wait, all of my taxes and property-related bills are paid.  What gives?

These scenarios are not the stuff of overseas hackers stealing your identity and running a scam.  These things were done to hundreds of thousands of consumers and bank customers around the United States, including thousands in Wisconsin, by the customers’ own bank, the Wells Fargo Bank.  This scandal came to light in September 2016, when the United States Consumer Financial Protection Bureau imposed a $185 million fine and penalties on Wells Fargo Bank for illegal banking practices.

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Racism Is a Serious and Pervasive Issue in Criminal Law

 Posted on November 09,2016 in Criminal Defense

Wisconsin defense lawyer, Wisconsin criminal attorneyBased on 2015 data from the U.S. Census Bureau, 61.6% of Americans are White, 13.3% are Black or African American, and 17.6% are Hispanic or Latino. Yet, based upon those who face criminal charges and incarceration each year, one could easily assume that the country is predominantly comprised of African Americans and Hispanics.

The Bureau of Justice Statistics reports that 35% of state prisoners are White, 38% are Black, and 21% are Hispanic.

Unfair Targeting of Minorities

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Study Finds Children with Head Injuries May Be at Risk for Long-Term Complications

 Posted on November 07,2016 in Personal Injury

Wisconsin accident attorney, Wisconsin personal injury attorneyEach year, around 62,000 children sustain a head injury. Of those, around 2,500 will suffer fatality, 37,000 will be hospitalized, and another 435,000 will simply be treated in an emergency room and then released. Those that suffer fatality are, by far, the most devastating of all cases. However, even when children survive the injuries sustained during an auto accident, fall, abuse, or while playing sports, their road to healing can be a difficult one. A new study, published in the medical journal, PLoS Medicine, indicates that journey may be even more complicated than previously realized.

Disability, Psychiatric Problems, and Early Mortality

In a study that tracked the life trajectories of more than a million Swedish children, researchers examined the likelihood of long-term complications and difficulties in the lives of those that had suffered a head injury before the age of 25. Results showed that these individuals, when compared with their peers, were more likely to have a shorter, more difficult life.

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How Much Is Your Personal Injury Case Worth?

 Posted on November 07,2016 in Personal Injury

Wisconsin personal injury, Wisconsin accident lawyerWhen you have been injured, and the medical bills and other expenses start to pile up, you may start to wonder just how much your case might be worth. There are many factors, and every personal injury case is unique. However, there are some cases that may bring more in damages than others. The following information can help you decide if you have a valid claim, and what kind of damages you might expect in your case.

Is Your Claim a Valid One?

Cases that are eligible for a personal injury claim must contain some element of negligence. It can be a driver who was texting when they crashed into you, a store owner that failed to clear off their walkway, a pet-owner that let their dog run loose, a doctor that was intoxicated while providing services, or any other form of reckless, careless, or irresponsible behavior that places others at risk for injury. Only an attorney can tell you for certain if your case contains this element of negligence, but most victims have a pretty good idea as to whether it played a part in the accident that caused their injury. At the very least, they may suspect possible negligence was a factor.

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Homicide by Intoxicated Use of a Vehicle (OWI-DUI Homicide)

 Posted on October 26,2016 in Operating While Under the Influence

Wisconsin accident attorney, Wisconsin wrongful death lawyerWhen you make the mistake of driving while under the influence and then experience an accident that ultimately results in the death of another, the lives of two families are significantly altered: the victims, and yours. The type of impact is very different, however. For the victim’s family, there is the grief of losing a loved one. For you and your family, there is the guilt that often follows such accidents, the possibility of a prison sentence, and lives that are forever altered by the consequences of a criminal record. Each must find their own road to healing. Yours should begin with skilled legal representation for your OWI-DUI homicide case.

What Constitutes an OWI-DUI Homicide in Wisconsin

Although you had no intention of killing anyone, your alleged use of an intoxicant is, by legal statutes, considered reckless and/or negligent behavior. It is this factor that turns an accident into a homicide. Of course, this places a stipulation on the prosecution: they must be able to prove, beyond a reasonable doubt, that you were intoxicated above the legal limit, and that your behavior directly caused the death of another. This can be a critical element in your case. In some cases, it may even mean the difference between exoneration and severe penalties in an OWI-DUI accident case.

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Child Car Seat Safety

 Posted on October 24,2016 in Car Accidents

Wisconsin injury attorney, Wisconsin accident lawyerCar seats are designed to protect children in the event of a crash. However, studies reveal that as many as 95 percent of all car seats are not being correctly installed or fully utilized for child safety. Know how to ensure that you have installed it accurately, and how you can make the most of the safety features available to protect your baby, should you ever experience an automobile accident.

Use a Car Seat for Every Ride

Nearly every parent has faced the temptation of forgoing the car seat. Maybe it is just for a quick drive around the corner. Or maybe it is because your car has stalled out, you had to call a tow truck, and you do not want to hassle with moving the seat, just to put it back in later. Do not give in! Children’s bodies are smaller and still developing. They are simply not able to sustain the impact of a crash in a regular seat belt, and holding them could actually increase the risk of serious injury to both you and your baby. So, no matter how inconvenient it may be, use a car seat for every ride, long and short, near and far.

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What You Need to Know about Criminal Damage to Property Charges in Wisconsin

 Posted on October 19,2016 in Criminal Defense

Wisconsin defense attorney, Wisconsin criminal lawyerProperty damage, including accidental damage, damage to one’s own property, or threat to damage certain property, is considered a serious offense in the state of Wisconsin. In fact, under the right circumstances, damage to property could lead to felony charges. The following information can help you understand what might constitute criminal damage to property charges under Wisconsin state law, and what the potential consequences might be if you are convicted.

What Constitutes Criminal Damage to Property in Wisconsin?

Generally, any act that somehow damages or devalues the property of another is considered a crime. This can include graffiti, arson, bombing, demolition, and many other types of destruction. This charge also encompasses a wide range of property, such as schools and highways, art and rock sculptures, and can even include one’s own property, under the right circumstances.

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Most Common Causes of Slip and Fall Injuries

 Posted on October 17,2016 in Premises Liability

Wisconsin accident lawyer, Wisconsin personal injury attorneyEach year, as many as one million people are seen in emergency rooms for a slip and fall injury. Some experience minor injuries, such as bumps and bruises, minor fractures, or mild concussions. Others may suffer from injuries so severe that it can take months to recover, if they recover at all. These injuries may include everything from a major concussion and multiple fractures to traumatic brain injuries and death. What causes so many falls each year? Understand the most common causes and how you should proceed if you experience a slip and fall because of negligence.

Dangerous Walking Areas

According to statistics from the National Floor Safety Institute (NFSI), more than half of all slip and fall accidents are caused by dangerous walking areas. These surfaces may be wet, cluttered, or contain loose tiles, carpeting, or floorboards. This could also include potholes in a parking lot, defective or damaged sidewalks, or damaged or poorly constructed stairways. When these defects are contained with the injured person’s home, there is no external fault or negligence. However, conditions like these in a place of business, at someone else’s home, or in a public area could make the owner of that property liable in a premises liability lawsuit.

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Predictive Policing Is Taking to Twitter to Prevent Hate Crimes

 Posted on October 12,2016 in Criminal Defense

Wisconsin criminal statues, Wisconsin defense lawyerPredictive Policing, or PredPol, has been used to prevent and make arrests on everything from burglary to domestic disturbances. However, it has mostly been a numbers game – a statistical analysis that was reliant on already available data, such as crime rate in a given area and convicted criminal offenders who could be possible perpetrators. Already problematic, in and of itself, this program could soon be reaching well beyond just software and databases. In fact, Los Angeles is already planning to use Twitter as a means of preventing hate crime.

Social Media Policing Meets PredPol

Social media has already become a tool for police. It has been used to release messages about alleged criminals in hiding or on the run. It has been used to arrest individuals who have made threats or boasted about their crimes. Now hate speech – or even speech that could be misconstrued as hate speech – could raise the police flag. It will be a marriage of social media and predictive policing.

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Safety Advocates Strive to Remove “Accident” Factor in Car Crashes

 Posted on October 10,2016 in Car Accidents

Wisconsin car accident attorney, Wisconsin car crash lawyerAccording to the National Safety Council (NSC), fatal car crashes rose by nearly 8 percent and killed more than 38,000 people in 2015. Nearly all were due to the negligence of one person or another – a red light runner, a distracted driver, someone intoxicated behind the wheel – and yet we often call these crashes “accidents.” One advocacy group is striving to change all of that. They want crashes to be seen for what they really are: a devastating situation where one person is a victim and the other is at fault.

Why Change the Wording?

Calling car crashes “accidents” might seem inconsequential, but society has a way of getting hung on up the words. So, when a crash is called an accident, it sounds like something that could not be foreseen or prevented. This is rarely the case. In fact, studies have found that human error is a factor in 94 percent of all crashes. Only 6 percent can be attributed to vehicle malfunctions, weather, or other factors. Doing away with the word “accident” reminds everyone – including lawmakers – that most car crashes are preventable, avoidable, and – more importantly – someone’s fault.

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