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Recent Blog Posts
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.
Premises Liability: What Happens When Passersby Are Injured by Construction Work?
In February, a nearly 600-foot tall crane crashed onto the buildings, cars, and pedestrians in downtown Manhattan. One man, a Harvard-trained mathematician, was killed. Three others were injured. What rights do these individuals have under the law? Can they seek compensation? And just how difficult will the process be?
How Frequent Are Construction Site Injuries?
According to the U.S. Department of Transportation Federal Highway Administration, approximately 1.6 percent of all roadway crashes occur within construction work zones. Of those, approximately 0.6 percent were fatal (576 fatalities), 30 percent resulted in injury, and 69 percent caused only property damage. Most occur during active work hours (70 percent).
Passersby Have Right to Reasonable Expectations
How to Navigate the Murky Waters of Divorce - Part One
Eight Tips to Consider if You are Facing a Divorce
Going through a divorce can bring out overwhelming feelings of uncertainty and sadness. If this it is a first divorce, quite often it is the only experience the divorcee has had with the complexities of the legal system. Because divorce can involve very serious financial and emotional issues, it is important to be prepared and take it one step at a time.
The following article is the first of a four part series on "How to Navigate the Murky Waters of Divorce." This installment provides eight tips to consider if you are facing a divorce.
- Don't overreact to divorce papers - Often the language in divorce papers can seem harsh or unfeeling. It is important to remember that much of the language contained in these documents is required by law and must be included. It is imperative to keep a cool head and not argue with your spouse over "legalese.
How to Navigate the Murky Waters of Divorce - Part Two
Five Tips in Handling Child Placement and Custody
The custody and placement of children are, quite possibly, the two most emotionally wrenching issues in any divorce and often drive the progress of the case. Even if the proceedings run smoothly, the emotional repercussions can affect children for years.
What happens to your children as a result of the divorce should always be your first priority. It is paramount that they are consistently reassured that both parents love them and will be a part of their life no matter the final outcome of the legal battle. While the court may involve other experts, if handled appropriately, both parents should become the driving factor in what happens. The following article in our series on "How to Navigate the Murky Waters of Divorce" provides five tips to consider when children are involved:
- Communicate with the other parent - Regardless of what happens during the divorce, you are both still parents and as such, both responsible for the welfare of your children. Failing to communicate about the children's activities, school or medical issues is a sure fire way to create unnecessary strife.
How to Navigate the Murky Waters of Divorce - Part Three
Six Tips for Dealing with Child Support
Next to the custody and placement of children, child support is often one of the most contentious issues in a family law case. The amount of child support to be paid in most situations is determined by a complicated formula that factors in the amount of placement time allocated between the parents (generally, overnight periods) and the income of both parents. The court may also consider other factors when they have a significant impact on raising the children including, the cost of medical care coverage, child care expenses and any special needs the child may have. You can avoid many of the pitfalls common to child support disputes by considering the following six tips:
- Determine a placement schedule -This should be based on what works best for the parents and the children withoutconsidering the impact on child support.
How to Navigate the Murky Waters of Divorce - Part 4
Eight Things to Keep in Mind About Property Division
The one common element among all actions for divorce is property division. While custody and placement can involve significant emotional issues, property division issues are all financial. This is not to say that dividing the "stuff" will not evoke some very emotional responses. "You will only get my great great grandfather's pocket watch by prying it from my cold dead hands" is not an uncommon sentiment when dividing up the household property.
Property division is a very broad term but essentially it means the determination, valuation and division of the things you have collected both before and during the marriage. This can include:
- Real estate
- Retirement accounts
- Personal property
- Furniture
- Jewelry
- Family pictures
- Bank accounts
Ask Gimbel, Reilly, Guerin & Brown, LLP: Divorce vs. Separation
What is the difference between a divorce and a legal separation?
In essence, a divorce is a legal end to a marriage contract, while a legal separation involves many of the same legal proceedings as divorce, however, the two parties involved are not divorced at the end of the proceedings and are prohibited to re-marry another person. In both actions the court will order the division of marital property, decide maintenance (alimony) issues and issues involving children such as custody, placement (visitation) and child support.
A legal separation is granted by the courts when the marital relationship is deemed broken. Many people choose legal separation because of personal or religious beliefs that do not allow divorce. In cases where one person is not in favor of the divorce, the court will determine whether a judgment of legal separation or a judgment of divorce is granted.
Negligence in Nursing Homes
As the population of the United States ages, more and more people are spending their final years in nursing homes. Unfortunately, not all nursing homes are created equal, and some nursing homes do the unthinkable: neglect your loved one. This happens with enough regularity that you need to be aware of all the warning signs of neglect if you have a loved one in a nursing home.
The 2011 Wisconsin Act 2, a tort reform law enacted in 2011, prohibits families from using state health investigation records in state civil suits filed against nursing homes. It also makes state health records inadmissible in criminal cases against healthcare providers accused of neglecting patients or accused of abusing patients. Proving a nursing home or the workers in the nursing home neglected your loved one can be an uphill battle in the wake of this law. You should report any suspected neglect or abuse of your loved one in a nursing home to the Wisconsin Department of Health Services, and contact a personal injury attorney to help further protect your loved one.
Elder Abuse: Can You Sue a Nursing Home for Wrongful Death, Abuse, or Negligence?
According to statistics, elder abuse occurs in one out of three nursing homes. Often, that abuse is experienced at the hands of staff, but a recent study has also revealed that resident-on-resident abuse occurs frequently as well. One woman, suffocated and strangled to death, is an example of the latter. But just how much ammunition do you or your loved ones have against a nursing home if wrongful death, abuse, or negligence has occurred? The answer to that question may lie in the paperwork.
Roommate Charged with Murder, Nursing Home Never Implicated
Despite alleged documents that stated the deceased’s roommate was a risk to herself and/or others, authorities focused their attention on the resident actually responsible for the 100-year-old woman’s death rather than investigating the facility. Charged with murder and then deemed unfit to stand trial because she suffered from dementia, she was eventually committed to a state hospital. But the nursing home responsible for their care was never implicated, either criminally or otherwise.
Boating Accidents in Wisconsin
Accidents don’t just happen on land, especially in places like Wisconsin, where there is an abundance of waterfront property and watercraft for travel and recreation. There are over 600,000 boats registered in Wisconsin alone, and during the summer, there are hundreds of thousands of additional boats that navigate Wisconsin waters from neighboring Minnesota, Iowa, and Illinois. There are multiple fatalities and even more injuries every year as a result of boating accidents, and in many boating accident cases, the operator of the boat at fault may not have taken any safety courses.
The fact that so many people are maneuvering large vessels in limited spaces, often times without proper training or safety classes, means that boating accidents happen with regularity. This often leads to civil litigation in order to recover compensation for any serious injuries suffered in the accident on the water.
Common Boating Injuries
There are many potential legal claims that arise from boating-related incidents, including property damage claims. Personal injuries claims arise most often, however, and in a number of different ways. Often there is a collision between recreational watercraft, like jet skis, or a collision between one recreational watercraft and one boat. Many boating personal injury claims arise from accidents, illness or death sustained as a result of improper safety measures on a cruise ship. No matter what the circumstances were that gave rise to your personal injury claim for a boating-related injury, it is guaranteed to be extremely complex, as maritime law comes with many additional considerations not present in land based actions.
Special Concerns When Bringing Boating Claims
When accidents occur that involve maritime law, there are often complex and unique legal issues. Some legal actions will involve only Wisconsin law, if they occur entirely within the borders of the state and in Wisconsin waters. However, sometimes accidents occur outside of Wisconsin’s borders, or in between Wisconsin and bordering state, and in these situations, other state laws and even federal laws can be implicated in a subsequent lawsuit. Finally, if your boating accident occurred out at sea, there may even be international legal implication.
We Can Help You Today
For all of the reasons set forth above, personal injury claims that arise as a result of boating accidents are more complex than ordinary personal injury claims, and it is critical that you contact an experienced Milwaukee personal injury attorney who can traverse not only Wisconsin law, but other state’s maritime laws and even federal laws when necessary. Call us at 414-271-1440 or send us an e-mail today for a consultation.
