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5 Questions Victims May Have About Personal Injury Cases in Wisconsin
Personal injury claims are filed when a person sustains an injury due to another person’s negligence, recklessness, or intentional misconduct. As such, personal injuries often occur as the result of a car accident, trucking accident, or pedestrian accident. If you sustained an injury in an accident, you will likely need medical attention. It is normal to have questions as you start to deal with the physical, emotional, and financial aftermath of an accident. In addition to reviewing this list of frequently asked questions, you should speak with a personal injury attorney to learn more about your options for recovering financial compensation for your injuries.
What Is the Legal Definition of Negligence?
Negligence occurs when an individual causes harm to another person unintentionally. For example, a driver may not intend to injure passengers in other cars, but negligent actions (such as texting while driving) can lead to a collision that causes serious injuries to multiple people. Legally, negligence occurs when a person fails to provide a “duty of care” to other individuals. Disobeying traffic laws, driving under the influence, distracted driving, and reckless driving are examples of failures to meet the duty of care owed to others.
What Is Adverse Possession, and How Does it Affect Boundary Disputes?
Adverse possession, also loosely described as “squatter’s rights,” allows trespassers who openly inhabit a piece of property to gain possession of that property if they meet certain conditions. In other words, if a trespasser devotes enough time caring for a piece of property that the owner has abandoned or possibly forgotten about, and the owner makes no opposition to the trespasser and his/her actions, a court may award ownership of the property to the trespasser. To resolve issues related to adverse possession, it is important to work with a qualified real estate attorney.
Wisconsin Adverse Possession Laws
According to Wis. Stat. § 893.25, an individual must occupy property publicly for at least 20 years before ownership can be granted. In addition to this requirement, a person who wishes to gain possession of property must typically prove the following factors:
- A “hostile” claim - This refers to the fact that the trespasser’s possession of the property is against the intentions of the owner. However, it does not necessarily mean that the trespasser acted wilfully or in an unfriendly manner. Hostile claims often involve honest mistakes, such as depending on a false deed or inhabiting land without knowing that it is another person’s private property.
How Are Retirement Accounts Divided in a Wisconsin Divorce?
Splitting assets in a divorce can be a stressful process. In many cases, retirement accounts are some of the most valuable assets owned by a couple, and as with other marital property, they should be divided equally between spouses. Even if you do not expect to use the funds in your retirement account until many years in the future, it is still considered a marital asset that is measured by its current or predicted value. Unless your retirement accounts were established prior to your marriage or are protected within a prenuptial or postnuptial agreement, they will need to be split 50/50 between you and your spouse.
Addressing Common Types of Retirement Accounts
How Does Wisconsin Law Address Possession of Controlled Substances?
By While most people understand that possession of illegal drugs can lead to criminal charges, they may not be aware of which drugs are illegal or the potential penalties they may face. If you are facing charges related to drug possession, you should be sure to work with an experienced attorney to determine your best options for defense.
Controlled Substance Categories
Under Wisconsin law, controlled substances are grouped into five categories, which are known as “schedules.” These schedules are based on whether the drugs have been deemed by the Drug Enforcement Agency (DEA) to have acceptable medical use in the United States, the potential of addiction or abuse, and the danger posed by a substance.
Buying Legal Weed in Illinois Can Create Problems for Wisconsin Residents
On January 1, 2020 Illinois became the eleventh state in the nation to allow the legal use of recreational marijuana. Because Illinois shares a border with Wisconsin, some Wisconsinites may wish to travel to Illinois to purchase legal marijuana. However, the possession of marijuana is still illegal in Wisconsin and can result in drug charges if you are arrested upon your return. That means that even if someone bought marijuana legally in Illinois and brought it back to Wisconsin, it is still illegal to possess that marijuana in Wisconsin.
Criminal Penalties for Marijuana Possession in Wisconsin
Even though the prevailing thoughts on marijuana are changing and several states have legalized the drug, possessing marijuana in Wisconsin can result in harsh criminal penalties. A first-offense marijuana possession may be charged criminally as a misdemeanor and can result in a fine of not more than $1,000 or not more than 6 months in prison, or both. If you have a prior drug conviction, including possession of drug paraphernalia, and are arrested while possessing marijuana, you can be charged with a Class I Felony, which carries with it a potential penalty of a $10,000 fine, 3 ½ years imprisonment, or both.
What Issues Can a Power of Attorney Address?
A power of attorney is a legal document signed by a person (known as the principal) to give another person (known as the agent) the legal authority to act on their behalf. This ability allows the agent to handle matters related to the principal’s health care or finances. The principal may want to create a medical or financial power of attorney for reasons such as:
- Ensuring that the principal’s personal wishes will be carried out if they become incapacitated
- Selecting a trusted person to make healthcare or financial decisions on the principal’s behalf
How Is Alimony Determined in a Wisconsin Divorce?
For some couples who choose to get divorced, one spouse is at a financial disadvantage. This may be because they were a stay-at-home parent, or simply because they earn a lower income than their former partner. To ensure that a person in this situation can continue to enjoy the same standard of living they had while married, alimony, also known as spousal support or maintenance payments, may be awarded by the court.
Alimony Factors
According to Wis. Stat. § 767.56, the court may take certain factors into consideration when deciding whether to grant maintenance or how much maintenance should be awarded. These factors include:
- The length of the marriage
- The age and health (physical and emotional) of both spouses
What Disciplinary Action Can Be Taken Against a Wisconsin Medical License?
Doctors must be granted and maintain a medical license before they are allowed to practice medicine. Similar to a nursing license or any other professional license you can obtain in Wisconsin, there are rules and regulations that need to be followed to ensure that a doctor’s license will remain valid. The Wisconsin Medical Examining Board handles any issues involving issuing, limiting, revoking, or suspending a doctor’s medical license. If the Board determines that rules have been violated or that a doctor has acted in a way that warrants discipline, it may take action against a person’s medical license.
Disciplinary Action
A wide variety of issues can result in discipline to your medical license, including claims that you have committed medical malpractice, problems with record-keeping or financial matters, or substance abuse. The Department screens every complaint it receives. If the Department believes the complaint requires further review, it is referred to a Department investigator and assigned to a Department attorney. Once the investigation is complete, the Department with a liaison from the Board may close the case with no violation found, or offer a proposed Final Decision and Order, and a Stipulation. The parties can then agree to resolve the case, or if no resolution is reached, the case may proceed to an administrative hearing. If discipline is issued against a medical license, the following private or public disciplines may be imposed:
Has Your Loved One Been Injured by Nursing Home Neglect or Abuse?
Although nursing homes are designed to provide a high level of care for individuals who need round-the-clock monitoring, about 5 percent of the country’s nursing homes have been flagged for abuse. Nursing Home Compare, a government-run database, has added an icon to its listings of nursing homes that are cited for neglect or abuse, and facilities will remain flagged until they go one full year without an infraction. An injury caused by nursing home negligence can be physically and emotionally draining for both you and your loved one. If you suspect a friend or family member is suffering from nursing home abuse or neglect, working with an experienced personal injury attorney can help you understand your options for pursuing financial compensation from a negligent facility.
Types of Nursing Home Abuse and Neglect
According to Wisconsin law, nursing home abuse is defined as acts that are performed with the intent of causing harm to a nursing home resident. They may include physical abuse, sexual abuse, emotional abuse, or financial exploitation. Any acts which are meant to threaten, intimidate, humiliate, frighten, or harass a resident may be considered abuse.
What Expenses Are Included in Child Support in Wisconsin?
Parents are required to financially support their children. When children live primarily with one parent, that parent is usually presumed to be supporting them, and the other parent will usually be required to pay child support. In 2017, The United States Census Bureau reported that around 20 million minor children in the United States live with one parent, making up 27.1 percent of all living arrangements for children. Determining the correct amount of support in these cases is essential, not only to ensure that children’s needs are met, but to ensure that the parents can maintain financial stability. No matter what side of a child support order you are on, the attorneys at Gimbel, Reilly, Guerin & Brown, LLP can help you reach an outcome that meets your needs.
