Wisconsin Litigation Legal Questions

If the person who owes you money is deceased, you will need to make a claim against his estate. Go on the Wisconsin circuit court access site to see if there is any type of an estate (probate) proceeding going on. If there is, there is a  time line for filing a claim against the estate. which is usually 90 days after probate is commenced.... Read More

The first thing you will need to do is file a proper written notice of claim per 893.80 of the Wisconsin statutes. Since this is a claim against a municipality, you are required to personally serve the written notice on the proper governmental entity and any of it's employees that you may be aware of who were in charge or caused the damage. The written notice of claim must be filed within 120 days of the occurrence or the claim could be barred. If the claim is disallowed by serving you a formal notice of disallowance, it shortens the statute of limitations to 6 months to file a lawsuit, from the date of the disallowance. You most likely whether there is a formal disallowance or not, have to file a lawsuit to try to collect on the damages caused at your property. This assumes, of course, that you have a valid legitimate legal claim against the city or municipality for the water main breaking. Things break all the time. That doesn't necessarily equate to the city being negligent.... Read More

Call the personal injury lawyer that handled the case. Generally, any settlement of $5,000 or less must still be escrowed in a safe trust account and turned over to the child when they turn 18. If  more than $5,000, at least under Wisconsin law, you have to go to court and seek approvel of the minor settlement, with the money kept in an trust or escrow account again, for the well being of the child and only turned over to the child when they turn 18. How did your parents get their hands on your money if it was to have been escrowed for you?... Read More

When you say being sued by a futures broker, do you mean that an NASD arbitration has been commenced against you?  If so, it sounds like you should look for a litigator who has experience in NASD arbitrations; if not, just a litigator with experience in securities law cases.  As to whether you can countersue the broker, do you have any basis to claim that the broker owes you money?  If so, you can countersue (although you may, depending on the nature of the claim and the provisions of your contract with the broker, have to assert your claim or claims in a separate proceeding); if not, but you simply contend that you don't owe the broker money, tha tis not a counterclaim, but merely a defense.... Read More

The answer to your question is yes: you can sue anyone for anything in this country; Just because you can, however, doesn't always mean one should. If the damages are under $10,000, file a small claims lawsuit against the body shop for the shoddy work done. You probably will need a repair report from an indepdendent repair shop indicating what work needs to be done on your vehicle to make it correct and what the cost may be. If the case goes to trial, someone from that body shop would have to testify in court in your behalf.... Read More

The answer to your question is yes, but the larger issue is whether you should. Rather, you should be making a claim against them and/or their insuraance carrier for the incident. Insurance companies treat this cases with great suspicion, due to the ability for individuals to make fraudulent claims. Save the particles that were in your food or drink and preserve the evidence. Send the insurance company copies of your medical bills and records from the incident. They will probably either deny the claim altogether or make a pittance of an offer. You will need to decide if you want to accept it, or proceed by suing them at some point. Should you make that election, the statute of limitations in Wisconsin for personal injury is three years. Under 893.54 failure to file a lawsuit within three years from the date of the occurrence will forever bar the claim. You could also in theory, file a small claims lawsuit against McDonald's and their insurance  company, ratherr than hiring a lawyer to pursue the case for youl that decision is obviously totally up to you.  ... Read More

You can not profit from the mistake by the dealer in not processing your credit card. Obviously it was not their intent not to charge you. It was a unilateral mistake. If you had made a mistake in addition and over paid them, would you accept their saying 'tough luck" and keeping the over payment? The law does not protect people with dirty hands; if they sue you, they will win and get their filing fees, you will have a judgment against you, and your credit rating will be effected. As to their not telling you about the prior damage, it does not appear that was willing on their part, so was not fraudulent, as they negligently failed to look in the glove box. You do not say how bad the prior damage was; contact the body shop to find out. If it was minor damage that would not likely have caused any frame or other permanent damage, you might get them to reduce the sale's price a little; if the damage was significant, then you could argue it was a mutual mistake of fact that might void the sale.... Read More

If his negligence damaged your property, he would be liable for the damages which you incurred, assuming you didn't have any agreement in connection with the car show which limited your right to pursue such claims, or limited your recovery.  However, I can't tell from your question whether the other party was negligent.  If an unexpected tornado picks up my car parked in my driveway and crashes it onto your car parked in front of your house, I may not be liable, because I haven't acted negligently.  If, however, I see the tornado coming and have time to park in my garage and don't do so, then a jury may say that I have behaved unreasonably under the circumstances (negligently) and could hold me liable for the damages you suffer.  You say that the other party's negligence caused the damage to your car - in what way was the other party negligent?... Read More

You have no remedy because they will not make a decision but you may file an unemployment comp claim. You do not have to be discharged, just not working and earning wages. As to the burns, your sole remedy is to file a workers compensation claim, if you were injured. This has nothing to do with your separation.... Read More