Wisconsin Questions & Answers by Practice Area
- Bankruptcy
- Consumer Law
- Contracts
- Copyright
- Criminal Law
- Divorce
- DUI / DWI
- Employment Law
- Estate Planning
- Family Law
- Foreclosure
- Immigration Law
- Personal Injury
- Products Liability
- Real Estate Law
- Tax Law
- Traffic Tickets
- Workers' Compensation
- Admiralty / Maritime
- Adoption
- Agricultural Law
- Animal / Dog Law
- Antitrust
- Appeals / Appellate Law
- Arbitration / Mediation Law
- Banking
- Broker Fraud
- Business Formation
- Business Law
- Car Accidents
- Child Custody
- Child Support
- Civil Litigation
- Civil Rights
- Collections
- Communications Law
- Constitutional Law
- Construction Law
- Domestic Violence
- Education Law
- Elder Law
- Election Law
- Employment Discrimination
- Energy, Oil and Gas
- Entertainment / Sports
- Environmental
- Federal Crimes
- Gaming
- Gov & Administrative Law
- Government Contracts
- Health Care Law
- Identity Theft
- Insurance Bad Faith
- Insurance Defense
- Intellectual Property
- International Law
- Internet Law
- Juvenile Law
- Land Use & Zoning
- Landlord - Tenant
- Legal Malpractice
- Lemon Law
- Libel & Slander
- Medical Malpractice
- Mergers & Acquisitions
- Military Law
- Municipal Law
- Native American Law
- Nursing Home Abuse
- Patents
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- Public Benefits
- Securities Law
- Sexual Harassment
- Small Claims
- Social Security
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- Uncategorized
- White Collar Crime
- Wrongful Death
Wisconsin Questions & Answers
Q: I invited along a friend on a hunting trip on my property, and he tripped and hurt himself.
Frank Pasternak's answer
Anyone can sue anyone else for anything. The question I think you want to know is whether you are legally liable. Generally, absent negligence, one is not legally liable to someone simply because an injury took place on property they owned.
Anyone can sue anyone else for anything. The question I think you want to know is whether you are legally liable. Generally, absent negligence, one is not legally liable to someone simply because an injury took place on property they owned.
Q: If 1 lawyer charges a client 40% to take their case and takes care of the old lawyers fee which the old lawyer is asking
Frank Pasternak's answer
It is quite typical for the current lawyer and former lawyer to work out a fee split arrangement based on the work involved and reasons the client left the first lawyer. Ethics rules general look to whether the total fee charge was reasonable.
It is quite typical for the current lawyer and former lawyer to work out a fee split arrangement based on the work involved and reasons the client left the first lawyer. Ethics rules general look to whether the total fee charge was reasonable.
Q: What can I do about an insurance agent who falsified documents to have me charged with a crime?>
Frank Pasternak's answer
Contact the Wisconsin Office of the Commissioner of Insurance at 1-800-236-8517 and file a complaint. Also, you may wish to call the local police department.
Contact the Wisconsin Office of the Commissioner of Insurance at 1-800-236-8517 and file a complaint. Also, you may wish to call the local police department.
Q: Early Lease Termination
Salim U. Shaikh's answer
Early termination of lease may fall under "breach of agreement" as you indicated and/or " military leave" and send LL a formal notice to terminate that contract in accordance with lease termination clause. A prior notice to termination of contract would be required.
Early termination of lease may fall under "breach of agreement" as you indicated and/or " military leave" and send LL a formal notice to terminate that contract in accordance with lease termination clause. A prior notice to termination of contract would be required.
Q: What happens if a biker is hit by a car, but the car drives off? Is there any potential legal remedy?
David Alan Wolf's answer
If the driver / owner of the vehicle can be identified, there can be a case against the driver / owner. If the driver / owner cannot be identified, there may be an Uninsured Motorist insurance claim if this coverage was purchased by the injury victim or a resident family member. There may also be a fund established in the State of Wisconsin for victims of a crime.
If the driver / owner of the vehicle can be identified, there can be a case against the driver / owner. If the driver / owner cannot be identified, there may be an Uninsured Motorist insurance claim if this coverage was purchased by the injury victim or a resident family member. There may also be a fund established in the State of Wisconsin for victims of a crime.
Q: Can a monetary tort claim be amended even if I've filed my lawsuit already and I discovered new evidence to ask for more
1 Answer
| Asked
in
Personal Injury, Civil Litigation and Gov & Administrative Law
for
Wisconsin
on
Answered on Jun 14, 2018
Answered on Jun 14, 2018
Robert D. Kreisman's answer
In most jurisdictions a complaint may be amended anytime up through judgment as long the amendment conforms to the proofs. In your situation depending on your state's procedural law, I think it would be routine to amend your complaint to raise the ad damnum (or the claim for damages) that are in keeping with what you believe to be your damages for your injuries. In my county where I principally practice, a complaint for damages other than in contract would be alleged to be an amount in excess...
In most jurisdictions a complaint may be amended anytime up through judgment as long the amendment conforms to the proofs. In your situation depending on your state's procedural law, I think it would be routine to amend your complaint to raise the ad damnum (or the claim for damages) that are in keeping with what you believe to be your damages for your injuries. In my county where I principally practice, a complaint for damages other than in contract would be alleged to be an amount in excess...
Q: Hello I wanted to know how much will it cost to file this motion for my son in federal prison currently serving time
Gary Kollin's answer
What motion?
How about calling up the offices of criminal defense lawyers and asking?
What motion?
How about calling up the offices of criminal defense lawyers and asking?
Q: I need to talk to someone about landlord tenant issues.
Salim U. Shaikh's answer
Ref. your incomplete query. If you maintain a relationship of landlord-tenant, then advisable is to resolve your issues within the terms and conditions as agreed upon. Breach of any clause by either side, defaulter has to bear its cost.
Ref. your incomplete query. If you maintain a relationship of landlord-tenant, then advisable is to resolve your issues within the terms and conditions as agreed upon. Breach of any clause by either side, defaulter has to bear its cost.
Q: Problems with landlord and tenant.
Salim U. Shaikh's answer
Can be resolved within the meaning of lease. Where there is a breach of terms and conditions of lease by any side, defaulter has to pay its cost.
Can be resolved within the meaning of lease. Where there is a breach of terms and conditions of lease by any side, defaulter has to pay its cost.
Q: Can I get the same layer as Charles J. Flynn because my inventions are similar as his but different enough and more effi
Kevin Flynn's answer
I do not know the specifics of what Charles J. Flynn invented (no relation). However, it is one of the quirks of patent law that a patent attorney working for a client in a specific area generally cannot help another client in that same area.
The patent attorney cannot help two different clients obtain patents that might be used against each other.
This is why patent attorneys ask for a non-proprietary short description of the type of good or service that a potential client...
I do not know the specifics of what Charles J. Flynn invented (no relation). However, it is one of the quirks of patent law that a patent attorney working for a client in a specific area generally cannot help another client in that same area.
The patent attorney cannot help two different clients obtain patents that might be used against each other.
This is why patent attorneys ask for a non-proprietary short description of the type of good or service that a potential client...
Q: Currently on F1-OPT, have green card approval, Filed for I-485 and I-765 and waiting for both. Can I apply for J visa?
Carl Shusterman's answer
No. J status will not be granted unless you can demonstrate that you have no intention of remaining permanently in the US. You have already applied for permanent residence in the US.
No. J status will not be granted unless you can demonstrate that you have no intention of remaining permanently in the US. You have already applied for permanent residence in the US.
Q: I was terminated from my job for missing work.even though I had a dr slip excusing me.
Salim U. Shaikh's answer
This falls under wrongful termination and need to be challenged. Without further waste of time you must consult Attorney of your local jurisdiction in order to sue your employer. Prior to that you must save a copy of doctor's slip and details of fax transmission, etc.
This falls under wrongful termination and need to be challenged. Without further waste of time you must consult Attorney of your local jurisdiction in order to sue your employer. Prior to that you must save a copy of doctor's slip and details of fax transmission, etc.
Q: Car accident. Advanced spine issues from mild-to-moderate now moderate-to-severe. She was charged with 100% of accident.
Peter Munsing's answer
Contact a member of the Wisconsin Assn for Justice--they give free consults. Normally settlement is structured so that you get at least 1/3.
However doing it yourself means you may well give the other side information it will use against you, you will get things wrong, and you will be solely responsible for paying back subrogation claims and yes, you could lose money and have even more problems.
Contact a member of the Wisconsin Assn for Justice--they give free consults. Normally settlement is structured so that you get at least 1/3.
However doing it yourself means you may well give the other side information it will use against you, you will get things wrong, and you will be solely responsible for paying back subrogation claims and yes, you could lose money and have even more problems.
Q: Any possibility of jail for making a $5000 purchase with my debit card with $25 in the account. I have overdraft protect
Nathan DeLadurantey's answer
No, you won't go to jail. Because if your card/bank authorizes the transaction, you'll then owe the bank all that money. They'll freeze your accounts and probably sue you for the money. Don't be stupid; don't do it.
No, you won't go to jail. Because if your card/bank authorizes the transaction, you'll then owe the bank all that money. They'll freeze your accounts and probably sue you for the money. Don't be stupid; don't do it.
Q: I live with stepson. He pays me to care for him. He still takes out medicare tax and FICA Tax. As a parent should he?
Eric Steven Day's answer
If he is paying you a wage as an employee, or providing you with a W-2, then he should withhold employment taxes from your wage. You, the employee, with pay half (about 7.7%) and he, the employer, will pay the other half. If he is paying you as an independent contractor, then he is not responsible for the medicare and FICA tax to come out of your pay. This would be your responsibility and likely be taken care of when you file your Schedule C on your Personal Tax Return. There are some jobs...
If he is paying you a wage as an employee, or providing you with a W-2, then he should withhold employment taxes from your wage. You, the employee, with pay half (about 7.7%) and he, the employer, will pay the other half. If he is paying you as an independent contractor, then he is not responsible for the medicare and FICA tax to come out of your pay. This would be your responsibility and likely be taken care of when you file your Schedule C on your Personal Tax Return. There are some jobs...
Q: i just got married and my wife got 2 kids fromprevious marriage how do i apply to bring them here legal
Carl Shusterman's answer
If you are a US citizen and the kids were under 18 years of age at the time of your marriage to her, file I-130 forms for each of them.
If you are a US citizen and the kids were under 18 years of age at the time of your marriage to her, file I-130 forms for each of them.
Q: Under a chapter 7 bankruptcy, if I inherit the home I live in via deed transfer, is the home still an exempt asset?
Cristina M. Lipan's answer
It doesn't matter how you received ownership of the home. If you own real property and use it as your residence, you can use the available homestead exemption. However, a homestead exemption may not completely protect your property. You should speak to a local bankruptcy attorney to assess your entire situation.
It doesn't matter how you received ownership of the home. If you own real property and use it as your residence, you can use the available homestead exemption. However, a homestead exemption may not completely protect your property. You should speak to a local bankruptcy attorney to assess your entire situation.
Q: If a church file bankruptcy or debit consolidation when if ever are they allow to do fundraising?
Timothy Denison's answer
Depending on the Chapter filed under, the Court could authorize it if it is a reorganization and necessary in the conducting of the regular business affairs of the church.
Depending on the Chapter filed under, the Court could authorize it if it is a reorganization and necessary in the conducting of the regular business affairs of the church.
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