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Recent Blog Posts
Contributory Negligence and Its Role in Personal Injury Cases
In any personal injury case, fault is one of the most critical elements that you have to prove. The person at fault, the one whose negligence caused the accident, is the person typically responsible to pay for the damage caused by the accident. In some cases, it is very clear who caused the accident. But in many cases, it might be unclear who is at fault. Under the laws of Wisconsin, if it is unclear who caused the accident, rules of contributory negligence and comparative fault will come into play.
Historically, contributory negligence meant that, if you played even the slightest role in the accident, and suffered an injury, you were not able to recover for your damages. However, Wisconsin adopted the modified comparative fault rule, which means that you can recover for your injuries in an accident to which you contributed, so long as your fault was less than 51 percent.
Murder Charges and the Alibi Defense
In many murder or homicide cases, defendants argue the case of mistaken identity—the prosecution charged the wrong person for the wrongful death of another. When you are facing murder charges for a crime that you did not commit, an alibi defense could be the key to dismissing the charges against you. The alibi defense is based on the underlying premise that you are truly innocent of the charges or any wrongdoing.
In traditional murder cases without an alibi defense, your defense attorney would argue that the prosecution failed to prove that you were guilty of the crime, beyond a reasonable doubt. The burden is on the prosecution to prove every element of the crime. However, when you raise the alibi defense, you have to persuade the judge or jury that the prosecution is charging the wrong person. The alibi defense rests on the credibility of your alibi witness.
Boating Accidents and Personal Injury Liability
Summertime is without a doubt the most popular time of year for water sports across the United States. Driving or riding on a boat is fun, and a great way to create lifelong memories with friends and family. Just as driving or riding as a passenger in a motor vehicle, accidents happen. A pleasurable ride on a boat can instantly turn into a painful ride to the hospital.
According to the United States Coast Guard, in 2014, there were 4,064 recreational boating accidents that resulted in 610 deaths and 2,678 injuries. In 2013, the Wisconsin Department of Natural Resources reported that 87 boating accidents occurred, resulting in 66 injuries and 13 deaths. There are many circumstances leading to boating accidents and it is not always clear who is responsible.
Determining Who Is Responsible for Your Child’s Sports-Related Injuries
Across the United States, millions of children and teenagers, from grade school to high school, participate in sports or recreational-related activities. Each year, many of them are treated for injuries sustained while engaged in these activities. Most of the time, these injuries are minor, such as sprains or strains. Sometimes, sports-related injuries can be very serious and may even lead to death.
Every year, approximately 30 million children and teenagers partake in some shape or form of organized sports. According to studies performed by the National SAFE KIDS Campaign and the American Academy of Pediatrics, an estimated 3.5 million suffer injuries related to those activities. Roughly 775,000 children under the age of 14 are treated for sports-related injuries in hospital emergency rooms every year. About 21 percent of traumatic brain injuries among children are the result of sports and recreational activities. Some sports are more dangerous than others, but no matter what sport the child is engaged in, there is a potential chance of injury.
Mental Illness: Understanding the Insanity Defense to Criminal Charges
Depending on the facts surrounding your criminal case, there may be several defenses available. One of these defenses is the "insanity defense." When a defendant asserts the insanity defense, the defendant is arguing that he or she was not criminally responsible for his or her actions. The insanity defense is one of the most famous defenses in criminal law, although it is rarely used.
Typically, when a defendant asserts the "insanity defense" he or she will be required to be mentally evaluated. If the defense is successful, the defendant will be committed to a psychiatric facility instead of a correctional facility, depending on the circumstances of the case. This is because the insanity defense is based on the principle that incarceration or punishment is justified only when the defendant is capable of controlling his or her behavior and understanding the consequences of that behavior. Since people with certain mental disorders are incapable of knowing what is right or wrong, the insanity defense will prevent individuals with mental disorders from being punished criminally.
Preserving Vehicle Accident Evidence
Usually, when people are involved in automobile accidents, they are concerned with their health and are happy to be alive. What most people forget, or fail to realize, is that in order to recover for your injuries, you will have to negotiate with an insurance company or file a lawsuit.
Once you determine that you do not have any injuries that require immediate medical attention, you should document everything you can about the accident and its impact on your daily life after the accident. This documentation will become useful when negotiating with an insurance company or if you decide to file a lawsuit. The more evidence or proof you have of your injuries and their impact on your life, the more successful your case will be. They also remind you of what happened months or years later when you have to recall the events in question.
Car Crash Injuries: What to Do When Symptoms Appear after an Automobile Accident
Commonly, when people are involved in automobile accidents, they inadvertently impair their legal rights by assuming they are not injured and making statements about this belief to police and witnesses. When you immediately tell people there is nothing wrong with you at the time of the accident, these statements can be used against you later on if you discover injuries after the accident and pursue legal action. Sometimes, injuries resulting from accidents display immediately, while others show up days or weeks later when you least expect it.
In 2012, the National Highway and Traffic Safety Administration estimated that approximately 2.3 million people suffered injuries as a result of an automobile accident across the United States. According to the Wisconsin Department of Transportation, approximately 28,000 individuals were involved in automobile accidents in Wisconsin in 2012. Many people walk away from accidents feeling happy to be alive. However, when the adrenaline wears off a few hours later, the pain may begin to set in.
Understanding the Proper Times to Withdraw a Guilty Plea
Making the decision to plead guilty to a crime is never an easy task for anyone to do. You are forced to stand up in front of a judge and admit the allegations recited by the prosecutor. Commonly, those that plead guilty often regret their decision later on. The lingering question in the mind of people in this situation is, “Can I withdraw my guilty plea?” Depending on the situation, whether or not you have already been sentenced, and reasons for withdrawing, you may be able to.
Generally, it is much easier to withdraw your guilty plea prior to sentencing as opposed to attempting to withdraw it after sentencing. Although it is easier, however, it is not simple by any means. Typically, a judge will look to several factors in deciding whether or not he or she will grant your motion to withdraw your guilty plea. These factors include:
Recovering for Personal Injuries When You Are the Victim of a Drunk Driving Accident
Automobile accidents are serious enough when they involve sober drivers. But when an individual gets behind the wheel after a long day or night of drinking, they place their lives and the safety of others in greater danger than necessary. All too often, drunk drivers do not realize the effect and destruction their actions have on the lives and families of those whom they injure. Commonly, as victims of drunk driving accidents often suffer long-term medical and financial expenses.
In many cases, if you are involved in an accident with a drunk driver, it may not be the driver’s first offense or accident related to driving while intoxicated. The Centers for Disease Control and Prevention (CDC) estimates that drivers with a blood alcohol content (BAC) over .08 percent are six times more likely to have a prior alcohol-related conviction than drivers without alcohol in their systems. According to the CDC, approximately 10,000 people were killed in 2013 as a result of drunk drivers.
Defending against Theft Charges in Wisconsin
Throughout history, theft has been interchangeably identified as larceny. Under Wisconsin law, a larceny or theft is committed when an individual intentionally “takes and carries away, uses, transfers, conceals, or retains possession of movable property of another without the other's consent and with intent to deprive the owner permanently of possession of such property.”
If you or someone you loved was wrongly charged with committing a theft, you should contact an experienced theft defense attorney who will evaluate your case and advise you of the best course of action depending on the circumstances of your case.
Elements of Theft
A theft is committed in a variety of ways. The prosecution is required to prove each and every element of theft beyond a reasonable doubt. In order to be convicted of theft, the prosecution has to prove:
