Recent Blog Posts
Pedestrian Accidents: Not Even Safe While Walking Down the Street
Pedestrians swarm the streets of Milwaukee, using their own two legs to get around town. And while automobile accidents are scary events that result in injuries to everyone involved, when they involve pedestrians, they usually result in serious injuries or even death.
According to the National Highway Traffic Safety Administration in 2013, over 4,700 pedestrians were killed and over 66,000 suffered injuries as a result of a motor vehicle accident across the United States. In Wisconsin alone, according to the Department of Transportation in 2013, over 1,270 pedestrians were involved in motor vehicle accidents. Out of those accidents involving pedestrians, 1,231 suffered injuries while 25 lost their lives.
The Harsh Truth about Facing Homicide Charges in Wisconsin
In our society, not all homicides are considered crimes. Homicide occurs when one individual takes the life of another individual. Depending on the circumstances, some homicides are lawful while others are unlawful. For example, murder and manslaughter are violations of criminal laws but a homicide committed in a justified action of self-defense is not considered a violation of criminal law.
Under Wisconsin law, there are varying degrees of homicide depending on the gravity of the crime. There is first- and second-degree intentional homicide on one end of the spectrum, with first- and second-degree reckless homicide on the other end. Additionally, there are also categories of homicide that involve:- The negligent handling of a dangerous weapon, explosives or fire;
Defending against Health Care Fraud Charges
It would seem that every time you check the news, someone is being charged with healthcare fraud. For example, recently, a podiatrist was charged with committing 30 counts of healthcare fraud when he billed Medicare for trimming toenails of patients, which is not considered a medical procedure. Back in January, the Medical College of Wisconsin was charged with healthcare fraud when they billed the federal government for neurosurgeries involving resident doctors when supervising doctors were not present for key moments in the procedures, which is a requirement in order to receive compensation from the federal medical programs.
What is Healthcare Fraud?
Sexual Assault Charges in Wisconsin
In most states, unwanted sexual encounters committed by force or threat of force are generally classified as rape. However, Wisconsin law defines rape as sexual assault.
According to the Wisconsin Statistical Analysis Center, almost 50 percent of sexual assault victims are acquaintances with the alleged perpetrator. Thirteen percent occurs between family members, while nine percent are said to occur in relationships. Therefore, over 72 percent of the alleged sexual assaults that occurred in Wisconsin during 2013 involved individuals who were friends, acquaintances, relatives or in intimate relationships.
Four Degrees of Sexual Assault
Depending on the circumstances of your case, you could be facing first or fourth-degree sexual assault. First-degree sexual assault is a narrow category of crime that occurs when you are charged with having non-consensual sexual intercourse with another person and pregnancy or great bodily harm results. Also, when the allegations involve force or the threat of force with a dangerous weapon, the charges would also fall under this category.
The Crime of Stalking in Wisconsin
Generally, stalking in its simplest form is defined as the unwanted pursuit of another. Many states have laws in place that prevent unwanted contact with strangers when that contact is threatening or dangerous. Sometimes, the extra attention given to a current or former significant other can turn into an invasion of privacy. Stalking usually involves a pattern of conduct where the offender causes the victim to fear for their safety.
According to Wisconsin law, an individual commits the crime of stalking when the individual acts in a certain way directed at a specific person that “would cause a reasonable person under the same circumstances to suffer serious emotional distress or to fear bodily injury to or the death of himself” or others close to him.
The course of conduct element requires two or more acts to be committed over a period of time. However, there is no specific time frame for the commission of those acts. Technically, you could be charged with stalking for two acts committed weeks, months or even years apart.
Playgrounds: Endless Jungles of Entertainment or Hidden Minefields of Injuries
Playgrounds for children are places meant for fun, laughter and life-long memories. But, some playgrounds can be among the most dangerous places for children to play. There are many activities available to keep children occupied, such as swing sets, monkey bars, slides, ladders, etc. Although these activities and obstacles offer children many different ways to socialize, exercise and avoid boredom, they unfortunately provide ample opportunities for children to suffer severe injuries.
According to the United States Consumer Product Safety Commission (CPSC), approximately 200,000 children suffer playground-related injuries each year. The most common injuries sustained at playgrounds involve children falling to the ground from the equipment they are using. In Wisconsin, playground falls are the leading cause of injuries to children between the ages of five and nine. The American Academy of Orthopaedic Surgeons found that the vast majority of injuries suffered by children at playgrounds involve climbing equipment and swings. The types of injuries children suffer range from minor cuts and bruises to fractures and amputations.
Large Commercial Trucking Accidents: The Intersection of Liability and Negligent Hiring
These days, whenever you check the news or turn on the television, it seems when a heavy commercial truck is involved in an accident with a passenger automobile, the automobile driver suffers more serious injuries than the driver of the commercial truck. This result is all too common due to the basic laws of physics and the vast disparity in weight between these types of vehicles.
A standard large commercial truck can weigh more than 20 times a traditional passenger automobile. Passenger automobiles weigh anywhere between one and two tons, whereas a fully loaded large commercial truck could weigh upwards of 20 tons. The sheer size and weight of a large commercial truck makes it a deadly weapon if it is driven by an inattentive, distracted, or improperly trained driver. For these reasons, trucking companies are required to carefully evaluate and properly train drivers before permitting them to operate large commercial trucks.
Vandalism: Silly Pranks Could Lead to Serious Fines or Imprisonment
Vandalism is defined as the act of damaging the property of another, which does not belong to you, and without the property owner’s authorization. Whenever you drive to work, or walk through the neighborhood, you see some form of vandalism on a daily basis. Vandalism can occur on public or private property. Graffiti can often be seen spray-painted on the outside of buildings, bridges, and abandoned automobiles. Sometimes, mailboxes are missing or found in pieces, shattered by baseball bats. Even throwing eggs on someone’s house or automobile is considered vandalism. Not only are acts of vandalism stupid, but also when they involve government property, they are serious crimes and cost taxpayers millions each year.
Commonly, vandalism is associated with disputes of the domestic nature. When individuals are engaged in an intimate relationship, the ex-partner might damage the others property in an attempt to get back at them. These attempts can be seen when the ex throws a brick through the former partner’s automobile window, or uses a key to scratch the outside of the automobile.
The Sharp Truth about Dog Bites
Many United States citizens love their four-legged canine friends, and these furry creatures are treated like companions and family members. Most dogs are loyal, loving and obedient. But sometimes, these loyal and obedient dogs divert from their composed personalities and bite people. Each year, thousands of individuals in the United States sustain injuries related to dog bites and a large proportion of those injuries are made up of children.
According to the Insurance Information Institute, over 83.3 million households in America own a pet in 2013 and 2014. The Centers for Disease Control and Prevention estimates that over 4.5 million people suffer dog bites each year and over 885,000 require medical attention because of those injuries. Approximately half of the injuries requiring medical attention involve children.
Premise Liability: Who Is Responsible in a Slip and Fall Accident
Accidents happen all the time and frequently, injuries occur as a result. But, when the injuries occur due to elements outside of your custody or control, legal recourse may be an option. When you slip and fall on someone else’s property, it may lead to a premises liability case. You need to prove that the property owner is liable for your injuries — that the homeowner was negligent in some way.
When a homeowner hosts a party and invites guests, the homeowner will most likely be liable for any injuries the guests suffer while on the premises. A homeowner owes a duty of reasonable care to guests. This means that a homeowner must provide a reasonably safe environment for guests invited onto the premises. Additionally, homeowners have a duty to prevent dangerous conditions unless the conditions are so obvious that the guests will avoid it.