Category Archives: Uncategorized

Finding the Right Attorney

How Do I Choose the Best Attorney for My Case?

Trying to find legal help can be difficult and frustrating. Many people who don’t know where to look turn to Google or other places on the internet. Oftentimes, this only worsens the confusion because not all attorneys are equally good nor do they all handle the same types of cases. It’s important to remember that selecting the right attorney can be the difference between a successful resolution of your matter and failure.

Here are the top 4 attributes to look for in an attorney:

  1. Experience – Hire an attorney who has significant experience in that area of law and has been successful in similar matters. You also want an attorney who has experience practicing law within your state. Each state has its own unique laws, so experience in your state is crucial.
  2. Specialization –Find an attorney who specializes in that field. Don’t hire a divorce lawyer to handle a personal injury claim or a real estate lawyer to defend you if you are accused of a crime.  Lawyers who specialize in …
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Fireworks Safety Tips for The Fourth Of July

Fireworks are used as a festive way to celebrate all year round; however, retailers see their highest sales around the fourth of July and New Year’s Eve. In order to have a successful celebration involving fireworks, safety needs to be the first priority. Unfortunately, Wisconsin statistics show that many adults and children fall victim to these preventable injuries every year.

UNDERSTAND THE STATISTICS

According to the Wisconsin Department of Health, there were 91 ER visits caused by fireworks in 2018. Males accounted for 74% of those visits and almost 23% of those injured were children. Although these numbers are down from 2016 and 2017, the fact remains that far too many preventable injuries are occurring each year.

WHAT YOU CAN DO

In order to reduce the chance of injury due to fireworks, the Wisconsin Department of Health recommends users follow these safety tips:

  • Always read and follow all warnings
  • Do not allow children to play with or around fireworks
  • Wear eye protection and never have any part of the body over the firework
  • Always buy from reliable sellers
  • Only use fireworks …
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Punitive Damages

When a person is injured in an accident caused by someone else’s actions, the goal of the subsequent tort, or bodily injury, claim is to make the victim, or plaintiff, whole. When the defendant’s actions are found to have been an intentional disregard for the rights and safety of others, the potential for a punitive damages claim arises.

Punitive damages are monies awarded to the plaintiff, in excess of their bodily injury settlement. At least in part, they are intended to punish the defendant for their actions. As noted above, the tort, or bodily injury, claim is intended to justly compensate the plaintiff for their injuries and make them whole. Punitive damage claims have the potential to make the plaintiff more than whole.

Determining an accepted understanding of intentional disregard has proven extremely difficult, with many contested definitions arising in each case presented before the Court. However, the accepted framework for this concept is acting with purpose “to cause the result or consequence or be aware that the result or consequence is substantially certain to occur from the person’s conduct.” …
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Similarities and Differences Between Tort Laws

This particular article will focus on three subsets:

  1. Comparative Fault;
  2. Statutes and Limitations; and
  3. Subrogation 

Comparative Fault

Comparative fault is a legal doctrine whereby the negligence of parties who contribute to injury are measured in terms of percentage. Any damages allowed are diminished in proportion to the amount of negligence attributed to the person for whom injury recovery is sought. Recovery is not barred provided the plaintiff’s percentage of fault does not exceed that of the defendants.

Both Minnesota and Wisconsin are considered Modified Comparative Fault states. In both states, the defendant’s assigned liability will be reduced in direct proportion to the plaintiff’s assigned liability.

Statute of Limitations

Statutes of limitations are laws defining the period of time available to bring a lawsuit or certain kinds of legal action.  The statutes of limitations vary between states, as do the laws that govern them. The limitations outlined below are general. Special circumstances require analysis, so it is recommended that you consult an attorney if you have questions regarding your unique case.

Personal Injury/Motor Vehicle Accidents: Minnesota – 6 years …
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Homeowners’ Insurance Policy Claims: 1 Year SOL – A Trap for the Unwary

Imagine that your home has just been damaged by a recent fire or hail storm. You take a deep breath, relieved that you have a homeowners’ insurance policy to cover the damage. You soon realize that it will take many months to fully document all of the items lost, assess the actual value of the damage and then begin the process of getting estimates and rebuilding.

What you may not realize is that you generally have only twelve months from the date of loss to either settle your claim for damages with your insurer or file suit. Failure to do so can result in a complete loss of your claim. While twelve months may sound like a long time, it can go by quickly.

Most homeowners and similar indemnity policies are loosely classified as “fire insurance” policies. They may not apply exclusively to fires, but they do include fire protection, along with protection against other forms of loss, including flooding, hail, ice, lightening, explosion, and wind. As such, they are subject to Wis. Stat. 631.83, requiring a claim to be …
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