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Recent Blog Posts
What Are My Legal Options if a Life Insurance Claim Is Denied?
Most people purchase a life insurance policy in hopes of protecting their family against future financial burdens their death may cause. According to the Insurance Information Institute, the total amount of life insurance benefits and claims in the United States in 2018 was $784 billion dollars. This amount includes death benefits, disability benefits, annuity benefits, and other types of payouts relating to life insurance claims.
Although thousands of life insurance claims are approved each year, many claims are also denied. If you have received notice that your claim has been denied, you should speak to an attorney and take the appropriate steps to ensure that you receive the benefits you deserve.
Determining the Reason for Denial
Following the denial of a life insurance claim, you should be sure to understand the reasons why the insurance company believes the benefits should not be paid. The company must provide a valid reason for the denial. A few reasons a life insurance claim may be denied include:
When Is Theft a Felony Offense in Wisconsin?
By As you can imagine, taking another’s property without permission is a crime in Wisconsin – one that can be prosecuted as a municipal citation or criminal charge. The state’s statutory scheme that controls property crimes is Chapter 943. Within that section of the criminal statutes, you will find a variety of crimes, from credit card fraud to armed robbery to identity theft. You will also find two provisions titled “Theft” (Wis. Stat. §943.20) and “Retail Theft” (Wis. Stat. §943.50). Whether allegations of theft result in misdemeanor or felony charges, they are not something to take lightly, as they can result in serious legal consequences that will impact your future in a variety of ways. When facing these types of charges, it is crucial to obtain representation from an experienced criminal defense attorney.
How Should I Respond to Accusations of Child Abuse?
By Whether they are legitimate or not, accusations of child neglect or abuse occur every day. Being accused of harming a child can ruin lives and tear friends and families apart. It is not unusual for tempers to rise in high-pressure situations like a contentious divorce or a child custody dispute, and sometimes, one parent may accuse the other of abusing or harming their children in hopes of gaining leverage in a custody dispute.
If you have been accused of abusing your child, it is important to contact an attorney immediately. An experienced criminal defense attorney will be able to help guide you through the investigation and potential criminal charges. If the child involved is your own, you should also seek a family law attorney with experience in custody disputes and child abuse investigations to protect your interests as a parent.
When Can a Wisconsin Child Support Order Be Modified?
By When you get a divorce with children under the age of 18, you and your spouse must address a wide variety of issues related to your children, including determining the amount of child support that each of you will be obligated to pay to provide for your children’s needs. Although a child support order will typically remain in effect until the child reaches the age of 18 (or 19 if the child is pursuing an accredited course of education leading to the acquisition of a high school diploma or its equivalent), you may be able to adjust your child support obligations under certain circumstances.
The Child Support Percentage of Income Standard
According to Wisconsin Administrative Code DCF 150.03, child support is determined by calculating a certain percentage of the payor’s income. The court will first determine the parent’s monthly income available for child support, which may be based on their actual annual gross income, imputed income based on earning capacity, or income imputed based on the assets they own. The percentage of this income that will go toward child support will be based on the number of children. For example, an obligor parent with two children will be required to pay 25% of his or her income in child support, whereas an obligor with three children must pay 29%. Parents may also be required to pay for additional child-related “variable” expenses, including health insurance, educational costs, and extracurricular activities.
What Consequences Can I Face if I Am Accused of Domestic Violence?
By According to the Wisconsin Department of Justice, nearly 30,000 domestic violence incidents were reported in 2017, and 21,000 arrests were made. Domestic abuse, as defined under Wis. Stat. § 968.075, involves a person intentionally inflicting pain or injury or committing sexual assault against a family member or causing a person to reasonably fear that these types of offenses would occur. Domestic violence may be committed against a spouse, a former spouse, an adult living in a person’s household, or an adult who a person shares a child with.
Domestic Violence Charges
There are a variety of criminal charges that can be associated with domestic violence, including sexual assault, kidnapping, and homicide. However, battery is the most common charge that a person may face when accused of domestic violence, and it will typically fall into one of the three following categories:
How Can Commercial Litigation Address Non-Compete Clauses?
A non-compete clause or agreement is a written contract between an employee and employer that restricts the employee from interacting with others in a way that would compete or interfere with their current employer. This type of contract serves an essential function in commercial life, lowering the risks of exposing a company’s professional secrets, client information, and other strategic tactics and business moves. Although a company cannot force an employee to sign a non-compete clause, an employer may dismiss or choose not to hire a person who declines to sign. When disputes over non-compete agreements arise, commercial litigation may be necessary.
Non-Compete Clause Requirements and Limitations
Typically, non-compete clauses must state the reason for the agreement, be effective on a certain date and for a limited period of time, and list a specific geographic area where they will apply. Some include a non-solicitation clause that restricts an employee from soliciting other employees of the company and imposes penalties if the non-compete clause is broken. Non-compete clauses cannot impose restrictions that would affect a person’s ability to earn a living, and they cannot disallow an individual from gaining employment. The terms of these contracts must be fair, just, and reasonable.
What Can Cause OWI to Be Charged as a Felony in Wisconsin?
Drunk driving is a serious matter in Wisconsin. According to the Wisconsin Department of Transportation, more than 20,000 people are arrested for Operating While Intoxicated (OWI) in Wisconsin every year, and hundreds of these offenders are under the age of 18. If you have ever been arrested or charged with offenses related to drunk driving, you are aware of the stress, expenditures, and consequences that can result. An OWI arrest can be even more serious if it is charged as a felony, and these types of charges may result in long prison sentences, steep fines, and the loss of your driving privileges for multiple years.
Felony OWI Charges
Whether your OWI charge is considered a felony is dependent on two factors:
- How many times you have previously been charged with operating under the influence. A fourth OWI is a Class H felony, punishable by 60 days to six years in prison. A fifth or sixth OWI is a Class G felony, punishable by six months to 10 years in prison. A seventh, eighth or ninth OWI is a Class F felony, punishable by 3 to 12.5 years in prison. A tenth or subsequent OWI is a Class E felony, punishable by 4 to 15 years in prison.
When Can a Real Estate Broker’s Professional License Be Disciplined?
By With any professional license issued in Wisconsin, certain rules and regulations must be followed to keep and utilize said license. Licensed real estate brokers are required to follow federal and state laws within their profession. A broker who fails to follow these laws or who commits unprofessional conduct may face disciplinary action against their license. Anyone facing discipline to a real estate broker’s license should work with a professional license defense attorney to determine their legal options.
Disciplinary Issues for Real Estate Brokers
The Wisconsin Real Estate Examining Board handles all licensing, certifications, allegations, and disciplinary actions involving those with a Wisconsin real estate broker license. The Board may revoke, suspend, or limit the license of a real estate broker who has committed any of the following:
Can I Share Custody of My Child Following a Wisconsin Divorce?
By During your divorce, you and your spouse will need to resolve issues regarding the custody of your children. In Wisconsin, child custody may be granted solely to one parent, giving them the responsibility to make decisions about how the child will be raised. However, in most cases, the court will decide that the parents should have joint or shared custody, and divorced or separated parents will work together to make decisions for their children. Joint custody is usually appropriate if both parents are able to perform parental duties, are able to work together, and have no current conditions or conflicts that would affect the children or their environment.
In addition to child custody, a divorce agreement will address the physical placement of children, which refers to the time the child will spend with each parent. Even if one parent is granted sole custody, the other parent may be allocated a reasonable amount of physical placement.
How Serious Is a Reprimand Against My Medical License?
By The Wisconsin Department of Safety and Professional Services receives about 500 complaints against doctors each year. These complaints may be investigated, and the Wisconsin Medical Examining Board may choose to take disciplinary action against a person’s medical license. Reprimands are the most common form of discipline taken, and they may be issued for a wide variety of issues within the medical field, such as minor HIPPA violations, improper record keeping, and some prescription errors.
If you are facing a potential reprimand or another form of discipline, you will want to be sure to understand the possible consequences to your license, your reputation, and your career. If you have been notified of a complaint by the Medical Examining Board, you should speak with an attorney to determine your best options for defending your medical license.
