Hammett, Bellin & Oswald, LLCHammett, Bellin & Oswald, LLC2026-10-29T12:56:25Zhttps://www.hbolawfirm.com/feed/atom/WordPress/wp-content/uploads/sites/1404674/2020/10/cropped-favicon-min-32x32.pngOn Behalf of Hammett, Bellin & Oswald, LLC<![CDATA[Can you recover damages under Wisconsin’s 51% fault rule?]]>https://www.hbolawfirm.com/?p=530962026-10-29T12:56:25Z2026-10-29T12:56:25ZWisconsin victim rights can help you determine whether you can seek compensation and how your share of fault may affect your claim.
How does the 51% fault rule work?
Wisconsin law uses a rule called modified comparative negligence. Under Wisconsin law, you can seek compensation if your share of fault does not exceed the other driver's share.
In a crash involving two drivers, this generally means that if you are at fault:
0% to 49%: You can recover damages, but your share of fault reduces your compensation.
50%: You can still recover half your damages.
51% or more: You lose the right to receive compensation from the other driver.
For example, suppose you suffer $40,000 in damages after a crash. If you bear 20% of the blame, your compensation drops by $8,000. You could still receive $32,000. However, cases involving several drivers can become more complex. Wisconsin law compares your fault separately against each responsible person.
How do insurers determine fault?
Insurance companies review the circumstances of a crash before deciding who bears responsibility. They may examine several types of evidence, including:
Police reports and traffic citations
Photos of the accident scene
Witness statements
Vehicle damage and available video footage
For example, another driver might run a red light while you travel above the speed limit. Both actions could contribute to the crash. However, sharing blame does not automatically mean both drivers bear equal responsibility.
An insurance adjuster's opinion also does not settle the issue. You can challenge the insurer's findings if the evidence supports a different division of fault.
How can you protect your compensation?
If an insurer claims you share responsibility, review the evidence before accepting its decision. Keep records of your medical treatment, repair costs and other accident-related losses.
You may also benefit from speaking with a personal injury attorney. An attorney can review the evidence, assess the insurer's fault calculation and explain your legal options. Understanding how Wisconsin's 51% rule applies to your accident can help you make informed decisions about your claim.]]>On Behalf of Hammett, Bellin & Oswald, LLC<![CDATA[Understanding Wisconsin’s mandatory 72-hour no-contact rule]]>https://www.hbolawfirm.com/?p=530572026-10-01T14:20:52Z2026-10-01T14:20:52ZWhat triggers the 72-hour no-contact rule?
Wisconsin law triggers the 72-hour restriction after an arrest for a qualifying domestic abuse incident. The law covers certain conduct involving a spouse, former spouse, someone you live or lived with or someone with whom you share a child. Qualifying conduct includes physical injury, physical pain, certain sexual assaults or physical acts that could cause a reasonable fear of imminent harm.
What does the 72-hour no-contact rule prohibit?
During those 72 hours, you must avoid the alleged victim’s residence and avoid contacting that person or having someone else contact them for you. The statute allows contact with law enforcement officers and the attorneys for you and the alleged victim.
Does the rule continue after release from jail?
Leaving jail before the 72 hours expire does not end the restriction. If authorities release you during that period, they must explain the requirements and consequences orally and in writing, and you must acknowledge receiving that notice.
Can the alleged victim waive the restriction?
The alleged victim can waive the statutory restriction, but Wisconsin law requires a written waiver. A verbal request or informal permission does not replace that process. The arresting agency must make a waiver form available and explain the waiver option.
What happens if someone violates the 72-hour prohibition?
An intentional violation can result in a fine of up to $10,000, imprisonment for up to nine months or both. Wisconsin law also requires an officer to arrest someone when reasonable grounds support a violation.
Can restrictions last longer than 72 hours?
The statutory period does not necessarily mark the end of all no-contact restrictions. Bail conditions or another court order can impose additional restrictions, so review your release paperwork rather than assume contact becomes permitted when the 72 hours expire. If the underlying allegation involves disorderly conduct, understanding your options for a domestic disorderly conduct defense can also help you address the criminal charge properly.
Protect your rights after a domestic arrest
The 72-hour rule, written waiver process and potential penalties can make a domestic arrest more complicated than simply waiting for the clock to run out. Follow every written release condition and avoid relying on informal permission to resume contact. An attorney can review your paperwork, explain the restrictions that apply and discuss the legal options available in your situation.]]>On Behalf of Hammett, Bellin & Oswald, LLC<![CDATA[How vehicle data can prove fault in Fox Valley crashes]]>https://www.hbolawfirm.com/?p=530252026-08-28T17:13:49Z2026-08-28T17:13:49ZTwo drivers walk away from a crash on I-41 telling opposite stories about who had the green light. One of them is wrong, but proving which one feels impossible when it is your word against theirs. Your vehicle, though, may have already settled the argument. Before you accept the other driver's version, it helps to know what your own car quietly recorded.
Check what your vehicle recorded
Most vehicles built in the last decade contain an event data recorder (EDR), sometimes called a black box. This device captures a technical snapshot of your vehicle in the seconds around a collision. It logs details like your speed, whether you braked and how hard you pressed the accelerator. It records no audio or video, so it reflects what your car was doing, not what anyone claimed afterward.
Compare digital evidence with driver accounts
Memory is unreliable after a frightening event, and even honest people recall details wrong. Recorded data does not have that problem. When the other driver claims you were speeding, your recorder may show you were under the limit. That data usually surfaces through the discovery process, where an Appleton car accident lawyer can request the recorded files from the other driver or their insurer.
Test lane-change and intersection claims with crash data
Disputed lane changes and intersection collisions are where this evidence matters most. Federal rules require these recorders to log a standard set of data points including speed, brake use and throttle position.If a driver insists they never drifted into your lane, the recorded speed and direction of impact forces can support or undercut that story. Just remember the data shows what happened, not why, so it works best alongside photos, witnesses and the police report.
Combine dashcam footage with vehicle telemetry
Telemetry gives you the numbers, but a dashcam shows the scene. Because your recorder captures no images, footage fills the gap by revealing the signal color, the other car's movement and road conditions at impact. Combined, the two are hard to argue with. The video shows a driver running the red light while the data confirms your car had already stopped.
Preserve digital evidence before it disappears
None of this helps if the evidence disappears first. Recorder data can be overwritten on later drives or lost when a totaled car is scrapped, and dashcam files often record over within days. Move quickly to download footage and avoid repairs or salvage that might wipe the device. A written preservation request, sometimes called a spoliation letter, can require the other side to keep their data too.
Decide when digital evidence could change the fault analysis
Digital evidence matters most when the drivers genuinely dispute fault or the other driver’s story keeps shifting. That matters in Wisconsin, which generally follows a comparative fault system, so the share of blame assigned to you can directly reduce or even erase what you recover.If the other driver is pointing fingers after a Fox Valley crash, treat your vehicle's data as a priority. Save the footage, note the make and model of every car involved and preserve those files before they vanish, so the facts decide fault, not the loudest voice.]]>On Behalf of Hammett, Bellin & Oswald, LLC<![CDATA[Will a dismissed charge still show up on Wisconsin CCAP in 2026?]]>https://www.hbolawfirm.com/?p=528922026-07-29T11:50:11Z2026-07-29T11:45:56ZWhy a dismissed case remains visible
Dismissal ends the prosecution without a conviction but does not erase the official case record. If every charge in your case ends in dismissal or acquittal, the case remains visible on CCAP for two years after the final disposition. A conviction on any remaining count may extend the display period.
Removal from CCAP does not destroy the underlying record because separate rules govern how long court clerks retain official files.
How dismissal differs from expungement
Under Section 973.015, expungement applies to certain convictions and generally requires an order at sentencing, followed by successful completion of the sentence. A dismissed adult charge does not qualify for the standard conviction-expungement process under state law. A Wisconsin expungement lawyer can explain whether a conviction meets the state’s requirements.
Check what a background search shows
Before applying for work, you may consider taking these steps:
Search CCAP using your full legal name and confirm that every listed count shows the correct dismissal.
Verify the case-closing date and save your dismissal order.
Contact the appropriate circuit court clerk if the online information is inaccurate.
These steps can help you correct errors and answer background-check questions accurately.
State law generally prohibits employers from refusing to hire you because of an arrest without a conviction, although regulated fields such as child care and caregiving may require more extensive screening. Even there, a dismissal does not automatically disqualify you.
Understand what the record shows
A CCAP entry does not change the fact that your charge ended without a conviction. Reviewing the entry before a background check helps you confirm that it shows the correct result and determine whether the two-year display period has passed. Understanding the difference between dismissal, online removal and expungement also helps you explain your record accurately to a potential employer.]]>On Behalf of Hammett, Bellin & Oswald, LLC<![CDATA[How does parental alienation impact custody decisions in court?]]>https://www.hbolawfirm.com/?p=515192024-09-10T16:58:15Z2024-09-10T16:58:15ZParental alienation can significantly impact custody cases. When one parent intentionally manipulates a child into rejecting the other parent, it can distort the child's relationship and influence custody decisions. Courts recognize the harmful effects of this behavior and often consider it in determining custody arrangements.
What is parental alienation?
Parental alienation occurs when a parent manipulates their child into rejecting, fearing, or disrespecting the other parent. This behavior can manifest through badmouthing, withholding communication, or even making false accusations. The alienating parent seeks to undermine the child's relationship with the other parent, often creating long-term emotional harm.
Effects on custody outcomes
Family courts take parental alienation seriously. Judges prioritize the best interests of the child and consider whether a parent is fostering a healthy relationship between the child and the other parent. Evidence of parental alienation may result in reduced custody or visitation rights for the alienating parent, as courts aim to protect children from emotional abuse.
Legal remedies for parental alienation
Parents facing parental alienation can seek various legal remedies. A custody modification request is one option, allowing the court to reevaluate the current arrangement. Courts may also mandate counseling or parenting classes for the alienating parent to repair the relationship. In extreme cases, the court may adjust custody to ensure the child’s emotional well-being and place the child in the care of the alienated parent.
Importance of early intervention
Addressing parental alienation early is critical to maintaining the child’s healthy relationship with both parents. Parents who suspect alienation should document instances and seek legal guidance to protect their custody rights and the child’s emotional stability.Parental alienation can deeply affect both children and parents, often complicating custody outcomes. Seeking legal advice early on can help protect relationships and ensure the child's well-being throughout the process.]]>On Behalf of Hammett, Bellin & Oswald, LLC<![CDATA[What are the criteria for drug possession in Wisconsin]]>https://www.hbolawfirm.com/?p=515162024-08-02T20:43:55Z2024-08-02T20:43:55ZUnderstanding the criteria for drug possession in Wisconsin is crucial for anyone living in or visiting the state. It is important to know the key factors that determine whether an individual can face charges for drug possession.
What constitutes drug possession?
Drug possession means having a controlled substance on your person or within your control without a valid prescription. This includes illegal drugs like marijuana, cocaine, heroin, and methamphetamine, as well as prescription medications not prescribed to you.
Actual vs. constructive possession
Wisconsin law recognizes two types of drug possession: actual and constructive. Actual possession means having the drugs physically on your person, such as in your pocket or hand. Constructive possession involves keeping the drugs in a place you control, like your car or home, and knowing they are there.
Factors influencing possession charges
Several factors influence whether you face charges for drug possession. These include the amount of the substance, its classification under Wisconsin’s controlled substances schedule, and any prior drug-related offenses. Possession of larger quantities may lead to more severe charges, like intent to distribute. In communities such as Eau Claire and Wausau, local law enforcement diligently works with state authorities to address drug-related crimes.
Legal consequences of possession
The legal consequences of drug possession in Wisconsin depend on the type and amount of the substance. Penalties can range from fines and probation to imprisonment. Additionally, a drug possession conviction can impact your job, education, and housing opportunities.
Know your rights and responsibilities
Understanding the criteria for drug possession in Wisconsin helps you stay informed about your rights and responsibilities. Whether you live in The Valley, Madison, or any other part of the state, knowing these laws enables you to navigate potential legal issues more effectively.]]>On Behalf of Hammett, Bellin & Oswald, LLC<![CDATA[Almost a third of Wisconsin crash deaths involve alcohol]]>https://www.hbolawfirm.com/?p=514972024-06-25T20:41:15Z2024-06-25T20:41:15ZThe danger of drunk driving
Drunk driving impairs a person’s ability to operate a vehicle safely. Alcohol affects reaction time, coordination and judgment. Even a small amount of alcohol can make it difficult to drive. When someone drives after drinking, they put themselves and others at great risk. The results can be devastating, leading to severe accidents and loss of life.
Efforts to reduce drunk driving
Many efforts aim to reduce drunk driving. Police often set up checkpoints to catch drunk drivers. These checkpoints can deter people from drinking and driving. Education programs also play a key role. Schools and communities teach young people about the dangers of drunk driving. Additionally, public service campaigns raise awareness about the risks and consequences. These efforts help, but the problem persists.
The role of individuals
Everyone can help reduce the prevalence of drunk driving. Friends should not let friends drive drunk. Taking away the keys can save lives. People should plan ahead if they intend to drink. Designate a sober driver or use public transportation. Making safe choices protects everyone on the road.
WBAY.com reports that drunken driving contributes to 32% of Wisconsin traffic deaths, with 3.4 drunken driving-related fatalities occurring for every 100,000 residents. By working together, communities across the state can create a safer environment for all drivers and passengers.]]>On Behalf of Hammett, Bellin & Oswald, LLC<![CDATA[What are the types of divorce, such as uncontested and contested?]]>https://www.hbolawfirm.com/?p=514942024-05-30T17:25:32Z2024-05-30T17:25:32ZUncontested divorce
An uncontested divorce occurs when both parties agree on all issues. These issues include property division, child custody, child support and alimony. Because there is agreement, uncontested divorces are generally quicker and less expensive than other types of divorce. The couple submits a marital settlement agreement to the court, which outlines the terms of their divorce. If the court finds the agreement fair and reasonable, it will approve the divorce without the need for a trial.
Contested divorce
A contested divorce happens when the parties cannot agree on one or more key issues. These disputes may involve property division, child custody, child support or alimony. In a contested divorce, each party presents their case to the court. The judge then makes decisions on the disputed issues. This process can be lengthy, stressful and costly due to multiple court appearances and potentially lengthy trials. Contested divorces often take longer to resolve versus uncontested divorces.
Default divorce
A default divorce occurs when one spouse does not respond to the divorce petition. After the petition is filed, the non-responding spouse has a certain period to reply. If they do not respond within this time frame, the court may grant a default judgment. This means the court could approve the divorce based on the terms requested by the filing spouse. Default divorces can proceed quickly but may result in terms that are highly favorable to one spouse.
Summary divorce
Summary divorce is available to couples who meet specific criteria, such as a short marriage, no children and minimal property and debts. This type of divorce is streamlined and simplified, making it faster and less expensive. Couples who qualify can complete the process with minimal court involvement.
Collaborative divorce
In a collaborative divorce, both parties work together to resolve their issues without going to court. This type of divorce emphasizes cooperation and negotiation. The couple agrees to share information and work through their disagreements constructively. If successful, collaborative divorce can save time and reduce conflict.
In Wisconsin, understanding these different types of divorce can help couples choose the best path for their situation. Each type offers unique benefits and challenges. The right choice depends on the couple's circumstances and their ability to reach agreements.]]>On Behalf of Hammett, Bellin & Oswald, LLC<![CDATA[Recognizing the subtle signs of a brain injury]]>https://www.hbolawfirm.com/?p=514922024-05-20T16:28:08Z2024-05-20T16:28:08ZPhysical symptoms
Brain injuries can cause physical symptoms that you might not immediately connect to the source, such as:
Headaches or neck pain
Dizziness or loss of balance
Nausea or vomiting
Fatigue or drowsiness
Sensitivity to light or sound
The presence of any of these symptoms after an accident or injury could indicate a potential brain injury.
Cognitive and emotional changes
Your brain controls many aspects of your emotional regulation and cognitive capabilities. A brain injury can interfere with those processes in many ways, including:
Confusion or disorientation
Memory problems or difficulty concentrating
Mood swings or irritability
Depression or anxiety
These changes may initially be subtle, but they can become more apparent over time, especially if you fail to seek medical treatment.
Sleep disturbances
Sleep disturbances are another potential sign of a brain injury. These may include:
Difficulty falling asleep or staying asleep
Sleeping more than usual
Insomnia
If you experience changes in your sleep patterns following an injury, it is important to mention this to your doctor.
Brain injuries are not always blatantly obvious, and the delayed or subtle signs are easy to overlook. Recognizing these symptoms as soon as possible will help you get the care that you need.]]>On Behalf of Hammett, Bellin & Oswald, LLC<![CDATA[Common head injuries that can occur in a car accident]]>https://www.hbolawfirm.com/?p=514902025-03-27T15:51:48Z2024-05-16T14:52:15ZConcussion
A concussion is a mild form of traumatic brain injury caused by a sudden jolt or blow to the head. Symptoms may include headaches, dizziness, confusion and nausea. While most concussions resolve on their own with rest, some can lead to long-term complications if not properly treated.
Skull fracture
A skull fracture occurs when a bone in the skull breaks. This type of injury can vary in severity, from a small crack to a more serious break that penetrates the skull. Symptoms may include swelling, bruising and tenderness at the site of the fracture. In severe cases, a skull fracture can cause brain damage or bleeding inside the skull.
Traumatic brain injury
A traumatic brain injury occurs when an external force causes damage to the brain. TBIs can range from mild (concussion) to severe, and symptoms may include loss of consciousness, confusion, memory loss and changes in behavior. Severe TBIs can have long-term effects on cognitive function and may require extensive medical treatment and rehabilitation.
Intracranial hemorrhage
Intracranial hemorrhage refers to bleeding inside the skull, which can occur as a result of a head injury. This can lead to increased pressure on the brain and potentially life-threatening complications. Symptoms may include a severe headache, vomiting and changes in vision or consciousness. Prompt medical attention is necessary to prevent further damage.
Knowing about the potential head injuries that can occur in a car accident is helpful for seeking the appropriate medical care and legal recourse if necessary.]]>