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Recent Blog Posts
5 Tips for Preventing Wisconsin Bicycle Accident Injuries
With the COVID-19 pandemic making indoor exercise difficult, outdoor alternatives like bike-riding have become a common way for people to get their desired daily physical activity. If you find yourself riding your bicycle more often, it is important that you take the necessary safety precautions, especially considering that a larger number of bicycle fatalities typically occur during the summer months. While many bicycle accidents are caused by drivers of other vehicles, there is plenty you can do to reduce your chances of being involved in an accident or to lower your injury risk if an accident does occur, including:
- Wear a helmet. Although most cities in Wisconsin do not legally require bicyclists to wear a helmet, making the personal choice to do so is the best way to minimize the risk of a severe head injury or traumatic brain injury if you are involved in an accident.
- Use lights and reflectors. According to the National Highway Traffic Safety Administration, bicyclist fatalities are much more likely to occur between the hours of 6:00 p.m. and midnight. If you are biking at night, wearing reflective clothing and equipping the front and rear of your bike with lights can greatly increase your visibility to other drivers and reduce your chances of being hit.
Should I Be Worried About Leg Pain After a Car Accident?
According to the Centers for Disease Control and Prevention (CDC), approximately 3 million people suffer non-fatal injuries as a result of a motor vehicle accident in the United States each year. Less serious injuries, such as cuts, scraps, and bruises, are not as concerning, and may not require medical attention. However, more serious injuries, such as broken bones, whiplash, and tears can have life-changing effects. If you have been involved in a car accident, be sure to contact a personal injury attorney to understand your options for seeking compensation.
Legs Are Incredibly Vulnerable
When drivers and passengers are in a vehicle, their lower legs are placed in a relatively small part of the car. If an accident occurs, the area that encloses the legs can become damaged and cause the individual’s limbs, knees, feet, and ankles to be squeezed.
Your legs are the most sound support system within your body. When the legs become injured, individuals find that their daily routine may be impossible to maintain for the time being. Some of the most commonly reported leg injuries resulting from car accidents include:
Can I Get Remarried After Getting Divorced in Wisconsin?
Although studies show that approximately 40 to 50 percent of all U.S. marriages end in divorce, 70 percent of those spouses who get a divorce end up remarrying later in life. A second marriage can bring much happiness and a new lease on life for those people whose first unions did not work out. However, to avoid rushing into a second marriage shortly after a divorce, some states have a mandatory waiting period. Be sure to brush up on your state’s guidelines and contact an experienced divorce attorney before considering remarriage.
Mandatory Waiting Period
Wisconsin, along with Oklahoma, Nebraska, Alabama, Kansas, and Texas, is one of the few states that require a waiting period to remarry after a divorce. According to Statute 765.03, individuals who are divorced in Wisconsin must wait at least six months before getting remarried.
This law applies to:
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Those who have divorced in Wisconsin.
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Those who divorced in another state but wish to remarry in Wisconsin.
The Future of Your Wisconsin Estate Plan and COVID-19
During unpredictable times such as a health crisis, it is only natural for individuals to think about the future of their assets if something were to happen. Legally protecting your family assures your assets will pass according to your wishes after you have passed away. That is why it is critical to plan ahead and create an estate plan with the help of a knowledgeable attorney who can make sure your wishes are carried out.
Important Estate Planning Documents
No matter what point of your life you are in, we recommend the following estate planning documents to be created:
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Will along with a revocable or living trust
Steps to Take Following a Personal Injury in Wisconsin
When a car accident, pedestrian accident, or wrongful death causes harm to you or someone you love, it can disrupt your entire life. According to the National Center for Health Statistics, a department within the Centers for Disease Control and Prevention (CDC), about 39.5 million people are injured around the globe every year. You should not be stuck with lost wages, medical bills, and additional financial burdens because of your injury. The best way to settle your case and receive maximum compensation is to hire a skilled personal injury attorney.
Types of Personal Injury Cases
Personal injuries can happen in a range of different situations such as:
Domestic Violence Cases on the Rise During Wisconsin’s Stay-at-Home Order
By The COVID-19 crisis and statewide quarantine required many families to stay in their homes together for far more time than under normal circumstances. This difficult time has been complicated even further because many have suffered financially, lost employment and have had to deal with a disruption in school or care for their children. Unfortunately, these added stressors can result in an unstable and tumultuous home life and even in the worst circumstances, domestic violence.
Domestic violence affects families around the nation and throughout the world. Discord in familial relationships is very complex, and if you have been accused of perpetrating this type of sensitive crime, you will want to understand the nature of the charges, your options for defense, and how a criminal prosecution and conviction for this type of offense can impact your family and life going forward.
How Has COVID-19 Affected Divorce Cases in Wisconsin?
The coronavirus has had a staggering effect on the United States’ business infrastructure, the unemployment rate, and the economy as a whole, but it has also had a more personal impact, affecting our family dynamics and how we go about our daily lives. Currently, many states and cities are attempting to reopen the economy and work towards introducing a new normal. However, for those who are in the midst of a divorce or child custody case, that new normal will contain a variety of additional issues that will need to be addressed.
Whether you need to address trial postponements or child custody orders, you may be struggling with uncertainty about how your case should be handled. To ensure that these matters are addressed properly, you should work with a family law attorney who can help you determine the best steps to take to achieve success in your case.
Reopening Wisconsin’s Court System
In March of 2020, the Wisconsin Supreme Court suspended all in-person hearings and jury trials and ordered judges to postpone trials until after May 22. A new order was recently issued to allow individual municipal and circuit courts to begin allowing in-person hearings and jury trials if the court is able to do so safely. These decisions will be made on a county-by-county basis.
Protecting Yourself From Pandemic Fraudsters
By The federal Fair Credit Reporting Act (FCRA) requires each of the nationwide credit reporting companies — Equifax, Experian, and TransUnion — to provide individuals with a free copy of their credit report, at their request, once every 12 months. The Coronavirus Aid, Relief, and Economic Security (CARES) Act of March 2020 also gives consumers some credit protections. It dictates how companies that send data to the credit bureaus will report accounts for which consumers have payment accommodations in place. If a consumer has an accommodation, and they live up to their end of the deal, an account that had been current previously will continue to be reported that way for both account status and payment history, assuming compliance with the accommodation. A consumer can also ask lenders to add a code to their credit report to indicate that they were “affected by a natural or declared disaster.”
Nursing Home Lawsuits Resulting from the COVID-19 Outbreak
Nationally, COVID-19 deaths in nursing homes have exceeded 20,000. Faced with a potential flood of lawsuits, states are granting emergency protections from claims of inadequate care. In Wisconsin, health care providers have been granted immunity from civil liability, with certain exceptions, for injuries, deaths, or other types of damages resulting from their services during the COVID-19 crisis. This immunity provision, found in a newly created statute, sec. 895.4801, is part of a larger COVID-19 relief law that was signed into law by Gov. Tony Evers on April 15.
The law grants immunity to health care "providers" and "professionals," which includes hospitals, nursing homes, assisted living facilities (Residential Care Apartment Complexes, Community Based Residential Facilities, and Adult Family Homes), hospice, physicians, nurses, physician assistants, and physical, speech, and occupational therapists. This immunity also covers employees, contractors, and agents of the aforementioned providers and professionals.
Interpreting Contract Provisions During The COVID-19 Outbreak
The impact of the COVID-19 outbreak continues to escalate each day. Issues continue to arise both due to the outbreak itself and as a result of our response to it. We will continue to monitor the legal implications of the pandemic and help address legal and practical issues that may arise during this challenging time.
The COVID-19 pandemic presents multiple different types of potential contractual issues. Of particular importance is a force majeure clause that may be present in a contract. A force majeure clause is intended to address a potential "force of nature" disruption that may excuse performance of a contract. Even if a contract does not have a force majeure clause, it may still be possible to excuse performance under other legal theories, including frustration of purpose.
Force Majeure
In broad terms, a force majeure clause is a provision of a contract in which the parties to the contract agree to excuse performance if one or both of the parties can no longer perform due to unforeseen external events beyond their control. Often, a force majeure clause is standard boilerplate language – included in a contract with little thought or negotiation. If you are contemplating entering into a new contract during this uncertain time, you should consider including a force majeure provision. In addition, you should consult with counsel to ensure that you are protected from situations outside your control.
