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Recent Blog Posts
Can I Pursue Compensation for a Winter Slip and Fall Accident?
As the temperature drops during the winter, Wisconsin residents may encounter a variety of safety issues. Snow and ice that accumulates on sidewalks or other walking surfaces may lead to slip and fall accidents that result in multiple types of serious injuries, such as broken bones or traumatic brain injuries. Victims of these types of accidents may experience a number of difficulties, including costly medical treatment and loss of income if they are unable to work while they are recovering. In these situations, victims will want to determine whether they can take legal action to recover financial compensation from the owner of the property where their injury occurred.
Liability for Slip and Fall Injuries Caused by Snow or Ice
A person’s ability to pursue compensation for a slip and fall accident will usually depend on whether the injury occurred at an establishment that was open to the public, a private residence, or a public area such as a sidewalk. Private property owners are required to take steps to protect the safety of visitors, including addressing slipping hazards on walkways, porches, patios, or decks. If a visitor to a person’s home slips on snow or ice that was not properly cleared, they may be covered under a homeowner’s insurance policy, or they may be able to take legal action to recover compensation for injuries that occurred because of the property owner’s negligence.
How Can Healthcare Professionals Avoid Accusations of Over Prescribing?
By: There are many situations where healthcare professionals may need to address legal issues, and many of the most serious and consequential cases will involve controlled substances, specifically, opioids. Doctors and other medical providers who prescribe medications may be accused of overprescribing. This may lead to investigations from the Drug Enforcement Administration (DEA) or other authorities, criminal charges, civil penalties, discipline to a person’s medical license, and other issues that may affect a person’s ability to continue practicing medicine. To address these issues, medical professionals can work with an attorney who is experienced in healthcare law.
Addressing Issues Related to Over Prescribing
Over-prescribing may include any situations in which controlled substances are prescribed or dispensed to patients and used for purposes above and beyond their accepted medical uses. In some cases, patients may engage in “doctor shopping,” in which they visit multiple providers in order to obtain prescriptions in excess of what would normally be allowed and use these drugs for personal purposes or sell them to others. Doctors or other medical providers may also be accused of operating “pill mills” and prescribing and dispensing controlled substances without a legitimate medical purpose, as part of an illegal drug distribution scheme or in return for additional compensation.
What Are My Options After a Winter Car Accident in Milwaukee?
Driving in the winter can be more dangerous than at other times of the year. Traction can be reduced significantly on snowy or icy roads, and drivers are more likely to lose control of their vehicles and become involved in car accidents. Throughout the United States, more than 150,000 accidents take place every year on roads with snow or ice, and these result in an average of more than 1,800 fatalities and 130,000 injuries. Wisconsin is one of the most dangerous states for winter driving, averaging 17.7 fatalities for every 100 days when temperatures are below freezing. Those who are involved in winter car accidents will want to understand how they can pursue financial compensation for their injuries to ensure that they will be able to recover following a collision.
Causes of Winter Auto Accidents
Multiple parties may be responsible for car accidents that take place in the winter. Drivers, passengers, or others who are injured in these collisions may be able to take legal action against parties whose negligence led to a collision, including in cases where accidents were caused by:
How can I make a claim for surplus proceeds in a foreclosure action?
Property owners, creditors and other interested parties who have been named in a foreclosure action due to an interest they have in real property may have the right to make a claim for any remaining surplus proceeds.
When a bank or mortgage loan servicer files for foreclosure, they are generally required to name all necessary parties as defendants in the lawsuit. Necessary parties in foreclosure actions include owners of the property, as well as any other party that holds a mortgage, lien or other interest in the property. After the judgment of foreclosure is entered and the applicable redemption period expires, the property can be sold at a sheriff’s sale. If the price obtained at sale is greater than the amount of the judgment, a surplus is created.
Wisconsin has specific statutes that govern what happens with sheriff’s sale proceeds, which may include surplus proceeds. Section 846.16, Stats. provides that the proceeds from the sale are deposited with the clerk of court until paid to the “parties entitled thereto.” The plaintiff is automatically paid the amount of their judgment and costs in the order confirming the sale. But any other party that has an interest in the property is responsible for asserting that they are entitled to receive any surplus funds. These parties can include other creditors or lien holders, but also the prior owner of the property. Section 846.162, Stats. provides a way for other parties to file a motion for the payment of any surplus proceeds.
Can Student-Athletes in Wisconsin Earn Money From Endorsements?
Historically, the NCAA has prohibited college student-athletes from accepting money in return for endorsements to ensure athletic programs were not “pay for play.” Until recently, the only way student athletes could legally receive compensation was through scholarships. Many believed that this was unfair to student-athletes, since universities could make a great deal of money from TV broadcasts and licensing deals, and even though these earnings would not be possible without students’ participation, the rewards received by many students were very limited. However, this has changed in recent years as multiple states have passed laws allowing students to earn money through licensing rights for their name, image, and likeness (NIL). In response to these laws, the NCAA created a new policy in 2021 allowing student-athletes to engage in these types of endorsements. For those who are considering earning money or other compensation with their NIL, it is important to work with an attorney who can provide representation for college student athletes and ensure that their rights and interests will be protected.
How Can College Students Be Affected by Sexual Misconduct Accusations?
It is not uncommon for college students to pursue sexual relationships with others. However, despite best efforts to ensure consent, there can sometimes be mixed signals or miscommunication. There are also unfortunately instances where no form of consent is obtained. In some cases, students may be accused of committing sexual assault or other forms of sexual misconduct. These students will need to understand the potential consequences they may face, including criminal charges and administrative penalties at a university. To ensure that their rights are protected, those who have been accused of misconduct should work with an attorney who is experienced in representing college students.
Administrative Penalties for Sexual Misconduct
A student who is accused of committing sexual assault or other forms of sexual misconduct may face penalties from their school, even if they are never charged with or convicted of a crime. Once a complaint of sexual misconduct is made to a school’s Title IX office, the school will perform an investigation to gain information about the facts of the case. In some cases, the school holds a hearing to determine whether misconduct occurred, and issue penalties, which may include suspension, expulsion, or restrictions on the types of activities a person can participate in or their contact or communication with the alleged victim.
How to Calculate Child Support in Unique Situations
By: Attorney Megan Drury
Parents have a legal obligation to make sure their children’s ongoing needs are being met. When parents are married or cohabitating, they will use the income they earn to provide for their family. However, when parents are divorced or separated, child support is usually required to ensure that both parents are contributing to their children’s needs. In many Wisconsin family law cases, calculations of child support obligations are straightforward, and one parent will pay a certain percentage of their income to the other parent. However, there are some unique situations that may require additional calculations. In a recent blog, we looked at child support in cases involving shared placement of children. Some other situations that can make child support calculations more complicated include:
Can the Contents of a Will Be Sealed in Wisconsin?
Recently, the BBC reported that the last will and testament of Prince Philip, the late husband of England’s Queen Elizabeth II, would be sealed for 90 years following his death in April of 2021. While the laws surrounding wills are different in the United States, and they can vary from state to state, some Americans may have wondered if they can take advantage of similar options to ensure that their private affairs will not be made public following their death. By understanding how probate matters are handled in Wisconsin, the state’s residents can determine the best steps they can take to make sure their wishes will be followed correctly while maintaining privacy whenever possible.
Wills and Probate Court
Following a person’s death, the executor of their estate will file their last will and testament in probate court. During the probate process, the executor will take an inventory of the estate, pay any applicable debts or taxes on behalf of the decedent, and distribute the person’s assets to their heirs while following the instructions the decedent provided in their will. Matters handled in probate court are part of the public record, which means that the contents of a last will and testament will be publicly accessible. Court records related to probate litigation will also be available to the public.
What Do I Need to Disclose When Applying To Renew My Medical License?
By: Attorney Kristen Nelson
Doctors and other medical professionals are required to maintain a valid medical license. These licenses must be renewed every two years, and the deadline for renewing a physician’s license is October 31 of odd-numbered years. Doctors who are planning to renew their license will need to understand the information they will need to provide in their renewal application. Those who are concerned about the denial of a renewal based on the information they disclose can work with a professional license defense attorney to determine their options for ensuring that they will be able to maintain a valid license and continue practicing medicine.
Information Required in a Medical License Application
In addition to the application form itself, a person will need to provide the following documentation when renewing their medical license:
How Do Wisconsin’s Laws Address Marijuana Possession?
In recent years, multiple states have relaxed many of the laws related to marijuana. While marijuana has long been considered an illegal drug, it is becoming more and more acceptable as both a recreational substance and a treatment for certain health conditions. Following the legalization of marijuana in nearby states such as Illinois and Michigan, many Wisconsin residents are curious about the drug’s status in their home state. Residents may be unsure about whether they may face drug charges for possessing cannabis.
Marijuana Possession in Wisconsin
While bills that would legalize marijuana have been introduced by Wisconsin legislators multiple times over the past several years, these laws have not passed. This seems unlikely to change, despite the fact that many Wisconsinites support legalization. Currently, marijuana is still considered an illegal controlled substance, and possession of the drug can lead to significant consequences.
