By: Attorney Chris Strohbehn and Paralegal Ruth Campos

As people grow older, they tend to become more vulnerable to a wide range of physical injuries. Falls are one of the most common causes of injuries among elderly adults. Unfortunately, fall injuries can often be attributed to nursing home neglect or abuse. For family members of nursing home patients, it is crucial to understand when and how fall injuries can occur due to abuse or neglect. Some common issues that can lead to falls in nursing homes include:

Staff Shortages

Understaffing is one of the major causes of nursing home neglect, which can lead to fall injuries and other forms of harm to patients. When there are not enough staff members at a nursing home to properly care of all residents, the chances of falls occurring increases drastically. In many cases, elderly patients need assistance with mobility, and if they do not have someone to assist them, they may try to get up or move about on their own, potentially leading to a fall. Not only does inadequate staffing increase the risk for a resident to injure themselves attempting to move, but it causes other staff members to increase fall risks by moving residents without the proper equipment or number of staff assisting the resident.

The choice to end a marriage is rarely easy. Even if a couple is in agreement about the divorce, and both spouses are willing to work together to split amicably, there are numerous issues that will need to be addressed during the divorce process. Some of the most complex issues will be related to the division of marital property, and in addition to determining how ownership of different assets will be addressed, a couple will need to understand how these decisions will impact them financially. Tax-related issues can have a significant impact on both parties' finances after the divorce is finalized. It is important to carefully consider all tax-related issues when negotiating a divorce settlement to ensure that future financial complications can be avoided. Some tax considerations that couples may need to address during divorce include:

Filing Status

Generally, married spouses who file their taxes jointly have lower tax rates than those who file separately. Because of this, it may be beneficial for a couple to continue to file taxes jointly while they are still legally married. A couple who finalized their divorce on or before December 31 of a given year cannot file a joint return for that year. However, if the couple is still legally married on December 31, they can file a joint return. This may result in savings for both parties. In these situations, it will be important for a couple to understand how any tax refund they receive will be divided or who will be responsible for paying any taxes that are owed.

Tax Deductions and Credits

For parents who are going through divorce, one of the most important decisions to be made relates to which parent will claim children as dependents for tax purposes. Only one parent may claim a child as a dependent, which will allow them to receive tax credits and reduce the amount of taxes they pay. In many cases, the custodial parent—the parent with whom the child resides for more than half of the year—will be able to claim the child as a dependent. However, parents may agree to other arrangements. If parents have multiple children, each parent may claim one child as a dependent. Parents may also agree to alternate claiming one or more children as dependents each year. Parents should also be aware of other child-related tax credits they can claim, such as credits for childcare expenses.

By: Attorney Jorge Fragoso

Many people in Wisconsin enjoy drinking beer and other alcoholic beverages. Unfortunately, this leads some to get behind the wheel after they have had too much to drink. The use of other substances, such as marijuana, prescription drugs, or illegal narcotics, can also impair a person's ability to drive safely. Driving under the influence of alcohol or drugs is a serious offense in Wisconsin, and it is referred to as Operating While Intoxicated or OWI.

For individuals who get behind the wheel while intoxicated and cause an accident resulting in injury or death, the consequences can be severe. A driver who caused a crash because they were intoxicated may face various criminal charges, and a conviction may result in multiple types of serious penalties, including jail time, large fines, the loss of a driver's license, and damage to their reputation and their ability to find a job in the future. By understanding the criminal charges a person may face if they drive drunk and cause an accident resulting in injury or death, Wisconsin residents can work with an attorney to determine their options in these situations.

 By:  Attorney Max Stephenson and Paralegal Ali Jaeger

When parents choose to get a divorce, they will usually be looking to avoid disruptions to their children's lives as much as possible. As parents address issues related to child custody, they will make many decisions addressing how they will cooperate to address parenting issues going forward and when children will live with each parent. To provide stability and ensure that the children’s interests are protected, Wisconsin law requires divorcing parents or unmarried parents who are addressing child custody issues to create a parenting plan. It is important for parents to understand how issues related to parenting plans will be handled and what must be included in these agreements.

Understanding Parenting Plans

A parenting plan is a written agreement between two parents who are getting divorced or separating. The purpose of this document is to provide clarity regarding the rights and responsibilities of each parent in regard to raising their children. It will also address issues related to physical placement (also known as visitation), as well as communication between parents, transportation for children, and other child-related concerns. The goal of creating a parenting plan is to make sure that parents will be able to work together to provide for their children's best interests.

By: Attorney Chris Strohbehn

Being involved in a car accident can be an overwhelming experience, but a situation may be even more challenging when the other driver is a teenager. Teen drivers are known for being inexperienced and sometimes reckless, which can result in serious accidents with severe consequences. If you have found yourself in this unfortunate situation, you may be wondering about your options for seeking compensation and ensuring that you will be able to move forward successfully. Fortunately, there are several steps you can take to protect yourself, pursue compensation for your injuries, and potentially make the roads safer for everyone.

Understanding the Teen Driver's Liability

It is important to know that, regardless of age, all drivers have the duty to exercise reasonable care while operating a motor vehicle. This includes obeying traffic laws, being attentive to the road, maintaining proper control of their vehicle, and adapting to various conditions. If a driver fails to take this level of care and an accident occurs, they may be found negligent and held liable for any resulting damages. When it comes to teen drivers, the legal concepts of negligence and liability apply just as they would to any other driver. Following an accident, it is important to gather as much evidence as possible, such as witness accounts, photographs of the scene, and police reports, to establish the teen driver's liability.

By: Attorney Chris Strohbehn and Paralegal Ruth Campos

If it seems like there are increasing numbers of delivery vehicles on the roads, that is likely due to increased demand for services that transport products or food directly to people's doors. In addition to package delivery vehicles operated by UPS, FedEx, Amazon, or other companies, many people also deliver food or groceries for services such as DoorDash, Uber Eats, Postmates, or Instacart. This is in addition to pizza delivery drivers and others who deliver meals for restaurants. With more of these drivers on the road at any given time, car accidents with delivery vehicles have become more common.

If you have been in a collision with a delivery driver, you might be wondering who is responsible. That is, if the driver was at fault, you may be unsure if they, their insurance company, or the company they were working for can be held liable for your injuries. The answer depends on several factors, including whether the driver was working at the time of the accident. By working with a personal injury attorney, you can determine your options for pursuing compensation for your injuries.

By: Attorney Chris Strohbehn

While people are aware that many car accidents occur every day, one type of accident that people may not realize is common involves vehicles crashing into buildings. These are known as storefront crashes, and they occur when drivers lose control of their vehicles and collide with the entrances of buildings such as gas stations, convenience stores, or grocery stores. In some cases, storefront crashes are committed intentionally in an attempt to rob a store or because a person experiencing road rage wishes to cause damage. Because these locations have high levels of foot traffic, storefront crashes are likely to result in dangerous pedestrian accidents. People injured in these types of accidents will need to determine who can be held liable for their injuries and damages.

How Common are Storefront Crashes?

A vehicle crashing into the front of a building may seem like a relatively rare event. However, these accidents take place far more often than many people realize. According to research by the Storefront Safety Council, a non-profit organization that works to raise awareness of these accidents and ensure that the proper measures are taken to protect people's safety, more than 100 storefront crashes occur every day across the United States. 46 percent of these crashes result in injuries, and 8 percent result in fatalities. This adds up to more than 16,000 people being injured every year, as well as 2,600 deaths.

By: Attorney Jaclyn Kallie

Wrongful termination is a serious accusation that can have potentially devastating consequences for employers. If a former employee or an outside agency believes that an employee has been wrongfully terminated, the employer can face an investigation, fines, and other penalties. It is important for employers to understand the legal implications of wrongful termination, and they should take steps to ensure they are not accused of such wrongdoing. With the help of an employment law attorney, an employer can make sure they are protected against potential wrongful termination claims.

Understanding the Rights That Apply to Employers

It is important for employers to understand their rights when it comes to dismissing employees. In Wisconsin, employment is considered “at-will,” meaning an employer can terminate an employee at any time, with or without cause. However, there are exceptions to this rule; for instance, employers cannot terminate employees based on their race, gender, religious affiliation, or other protected characteristics. They are also prohibited from firing employees who have reported workplace safety issues or violations of laws or regulations by a company or its personnel. In addition, employees cannot be terminated for filing workers' compensation claims, reporting sexual harassment, or taking leave under the Family Medical Leave Act. By understanding their rights—and what they can and cannot do when it comes to terminating someone—employers can make sure they take the correct steps to avoid wrongful termination claims.

By: Attorney Nicole Masnica and Paralegal Rachel Sweet

Originally published: August 10, 2018 -- Updated: February 17, 2023

Update: In addition to understanding the types of circumstantial evidence that may play a role in a criminal trial, those who are accused of committing crimes will need to understand the ways that this evidence may be challenged. An experienced criminal defense attorney can cast doubt on the validity of certain types of evidence or witness testimony, or they can challenge the narrative proposed by prosecutors. Some methods that may be used to respond to evidence presented in a trial include:

By: Attorney Megan Drury

Going through a divorce can be a difficult process for all members of a family. When your marriage has broken down, it may seem impossible to continue living in your home alongside your spouse. You may be ready to leave the situation and begin taking steps to move forward with your life. However, it is important to understand how moving out may affect the divorce process and how it may impact your rights and your financial situation. By understanding how Wisconsin's divorce laws apply in these situations, you can take the correct steps to protect yourself, avoid unexpected complications, and get through the divorce process successfully.

Can Either Spouse Be Required to Move During Divorce?

If you and your spouse are both currently living in your home, you will likely be able to continue to do so during the divorce process. As co-owners of the home, you will both have the right to maintain possession of the property. While there may be some situations where one party may believe that the other party should move out, the court usually will not force them to do so unless there are safety issues that would require these types of arrangements.