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Recent Blog Posts
What Are Punitive Damages and How Do They Work in Wisconsin Personal Injury Cases?
In personal injury cases, there are several different types of damages you may potentially be able to recover. One type of damages that is not well understood is punitive damages. These are a special kind of damages that are not available in all personal injury cases. They are only for extreme situations.
The Purpose of Punitive Damages
Most legal damages are designed to pay a party back for what they have lost due to the actions of another party. Money is usually the only way our court system has of making people “whole” after an accident. But, punitive damages, as the name suggests, are designed to punish defendants who acted beyond the normal boundaries of acceptable behavior.
Punitive damages are also designed to deter other people and companies from acting badly.
Biggest Mistakes People Make in Car Accident Claims
After your car has been towed and you have been to the doctor, comes the part of a car accident most people hate the most - dealing with insurance. While every car accident is different, there are several common mistakes that people make when they have a car accident claim.
Not Doing Your Own Research on Your Car
If your car has been totaled by insurance, you are going to have to figure out the value of your vehicle. Often, the insurance company will do that for you. The mistake many people make is to simply accept the insurance company’s value without doing their own research.
An offer from the insurance company is just an offer. If you can demonstrate your car was worth more than they are offering, you may be able to get more for your car.
Are You Eligible to Bring a Wrongful Death Lawsuit?
When someone we loves dies because of the negligent actions of another, or as a result of the wrongful actions of another, it is difficult to see past our grief and investigate to make sure we have a complete understanding of why the death occurred. It is very important, however, to fight the urge to avoid the stress of the situation, and instead to learn all of the facts and circumstances surrounding the death, to ensure that if there is a culpable party, they are held responsible and will therefore be deterred from acting the same way in the future. You may also be entitled to damages for the responsible party’s actions if you can prove those actions caused or contributed to the death of your loved one. Such a lawsuit is called a wrongful death lawsuit, and it is governed by Wisconsin’s wrongful death statute.
Who Can Bring a Wrongful Death Claim in Wisconsin?
On the Job Hazards: Are Coffee Workers Being Exposed to Hidden Dangers?
The United States Centers for Disease Control and Prevention (the “CDC”) has finally issued a warning to workers in the coffee processing field, after years of ignoring numerous complaints and reports of unions and workers in that industry. If you work in a facility where you roast, grind, or add flavor to coffee, and work with the chemicals diacetyl and 2,3-pentanedione,(also known as acetyl propionyl), this is very important news.
What Is the Danger?
These two chemicals, diacetyl and 2,3-pentanedione, are formed naturally when unflavored coffee is roasted, and the chemicals are released when the coffee is roasted and ground. These chemicals, often added to microwave popcorn to provide the buttery flavor, have been known to cause serious lung disease to workers in microwave popcorn plants, and the most serious bronchial disease caused by exposure has been nicknamed “popcorn lung”. The CDC has been studying exposure to these chemicals for years, and has determined that it is safe to eat the chemicals in trace amounts. It is inhalation of the chemicals that causes damage to the lungs, which is why the inclusion of diacetyl in e-liquids used in electronic cigarettes is at the center of most diacetyl-related controversy these days. Coffee workers, however, inhale diacetyl in much greater amounts than the general population during the roasting and processing of the coffee, and a recent spate of illnesses and deaths of workers in the coffee industry is the reason for the new CDC warning.What Are the Health Hazards?
The Crime of Battery in Wisconsin
Whether your team wins or loses, highly anticipated sporting events often make people do things and say things that are out of their general character. In addition to spikes of OWI arrests after large sporting events, there is often a measurable increase in crimes of battery. An example of this occurred recently after the Wisconsin-Indiana football game.
The Incident
The incident occurred after the October 3rd game between the Hawkeyes and the Badgers, at which the Hawkeyes defeated the Badgers by a score of 10-6. As a 15-year-old boy wearing Iowa Hawkeyes apparel was leaving the stadium with his friends, a Wisconsin fan allegedly punched him in the face. According to the boy, he was “mildly” teasing his friend (a Badgers fan) about the Iowa win when the man approached him, punched him in the face, and then fled into the crowd. The police have not caught the man.The UW-Madison Police Department has classified this as a battery, and has asked the community for help finding the attacker. Although the boy suffered only minor scrapes and bruises, the police department issued a statement priding Badgers fans as being respectful to all fans, and noting that it is great sportsmanship that makes Badger game days one of the most well-known traditions in the nation.
Hit and Run Laws in Wisconsin
Did you know that if you are involved in a car accident, even if you are rear-ended, sideswiped, or otherwise not at fault, it is your legal duty to stop immediately? Once you stop, there are other legal requirements you must follow. Failure to comply with the duties imposed by Wisconsin law after an accident can result in serious trouble. You will be charged with hit and run, which can be either a misdemeanor or a felony, depending on the severity of the accident. At worst, it is punishable with jail time and steep fines.
What Are Your Legal Obligations after an Accident?
Wisconsin law imposes several requirements on drivers after an accident. Whether you believe yourself to be at fault or not, the law requires you to stop your car immediately if you have been involved in an accident with another vehicle, bicycle, or pedestrian. You must do this even if the accident is minor, and there is no bodily injury or even visible property damage.
Straw Purchasers of Firearms Face Serious Charges
The recent decision against a Milwaukee gun store in the shooting of two Milwaukee police officers has brought the issue of straw purchases of firearms to the forefront. A straw purchase occurs when somebody purchases a firearm for another person while pretending to purchase it for personal use. This crime is being prosecuted more vigorously as of late, and comes with a potential for a very long prison sentence. Therefore, if you are being charged with making a straw purchase of a firearm, it is very important to have an experienced criminal defense attorney by your side from the very beginning.
Laws Criminalizing Straw Purchases
Wisconsin law makes it a crime to provide false information to a gun dealer with the intent to purchase a firearm and then transfer it to a person prohibited from obtaining one. Straw purchases of firearms are also violations of federal law, and under both state and federal law, it is a felony that carries the potential for a long prison term.
What Constitutes Bad Faith Insurance Practices under Wisconsin Law?
When you have been in an accident that has caused you to suffer either property damage or bodily injury, the last thing you need is for an insurance company to avoid living up to its obligations. Unfortunately, however, there are occasions when insurance companies deny benefits under an insurance policy without having a good reason to do so. When this occurs, you might have a lawsuit for bad faith against the insurance company.
Bad Faith in Wisconsin
To establish a claim against an insurance company for bad faith in Wisconsin, the insured must establish (1) the absence of a reasonable basis for a determination of a denial of benefits; and (2) knowledge or reckless disregard by the insurance company of the lack of a reasonable basis to deny coverage.
The first part of the standard is an objective test, which means that if you have been denied insurance coverage and are alleging bad faith, you must be able to prove that under the facts and circumstances presented, a reasonable insurer would not have denied or delayed paying the claim you made. The second element of the standard is a subjective test, meaning that the judge or jury must determine if the investigation of the claim made by the insurance company was properly done and if the results of the investigation performed by the insurance company were then subject to reasonable evaluation and review.
Quick Tips on the Reality of Slip and Fall Accidents
Although many Americans have voiced their opinions that there are too many reality shows on the air, the genre remains a solid staple on the airwaves. There is one particular, high-rated reality show which continually tests our societal consciousness as actors portray various scenarios that either evoke public compassion and action or blurred lines of indifference.
One of the most popular segments of this show is when an actor portrays a staged slip and fall accident in either a grocery or big box store. Although the actor is portraying a carefully crafted personal injury and ready to sue the host merchant, the show's host and his crew are privy to the fall and delight in exposing the various reactions. As the charade is exposed, we as the audience are enlightened as a large percentage of unsuspecting bystanders are quick to out the clumsy imposter but in all reality, these types of accidents can be quite serious.
Despite Crime Rate Decrease, Majority of Americans Think It Is Increasing
Perception is a funny thing; rather than being based upon facts, it is the thoughts and beliefs of one more individuals. And it is often incorrect. Case in point: 70 percent of Americans recently reported that they believe crime is rising, but statistical analysis shows that, over the last decade, crime rates have dropped. Such information shows there is a major disconnection between the perception of crime in the U.S. and the reality.
Violent Crimes in the United States
Each year, the U.S. Department of Justice, Bureau of Justice Statistics, compiles the crime rates for America. In regard to violent crimes, such as rape, sexual assault, robbery, and assault, the overall rates have declined drastically going from 80 victimizations per 1,000 persons in 1994 to 19 per 1,000 in 2010. In the state of Wisconsin, violent crimes have increased slightly, overall, going from 13,748 incidents to 16,714 in the same time period, but sexual assault and burglary crimes have declined.
