March 10th, 2014
Click here to read Scott L Schroeder S.C.’s March 2014 Newsletter
In this issue:
Seniors at Risk
Seven Tips to Consider for Quality Assisted Living Care
Protect Your Senior Rights
February 24, 2014
Winter Accidents on Your Property
With the snow and ice this winter – you may be wondering who is at fault if someone falls on your sidewalk — or if you fall on someone else’s sidewalk. Sometimes the property owners is responsible and sometimes he or she is not.
Depending on where the mishap happens, whether it be a sidewalk, parking garage, driveway, commercial or municipal property or residential space, you will want to know if the accident could have been prevented. It will need to be determined if the property owner failed to keep the area safe for pedestrians and gathering those facts will determine if any legal action can be taken.
A personal injury attorney will gather all the facts in order to establish the liability for your injuries. First, it needs to be determined that the owner of the property is actually responsible either because they took an action or failed to take one, which resulted in your injuries. In Wisconsin, the statue of limitations on a personal injury claim is three years. If your injury was caused by a Wisconsin municipality or the State of Wisconsin, special time limits and other rules apply. The key rule to remember is that you only have 120 days in which to file a notice of claim against the city, town or state government. This does not necessarily mean that you must file a lawsuit within that time, but you must formally (in writing) put the government entity on notice of your claim before the 120 day limit expires.
Safety precautions should always be taken before venturing out in poor conditions. For property owners, be sure to keep your property maintained at all times. Shoveling sidewalks and keeping up with the de-icing is your responsibility and it is important to take that seriously to reduce your risk of liability. Pedestrians should also take care and wear the proper footwear, leave ample time for travel and plan ahead. An ounce of prevention can spare you a sprained or broken ankle or even worse.
If you suffer an injury in Janesville as a result of wet or icy conditions this season, contact Scott Schroeder S.C. for a consultation. You may have the right to recover costs for your medical expenses, lost wages, pain and suffering or more.
February 24, 2014
Non-Compete Law in Wisconsin
Numerous employers ask employees to sign non-compete contracts indicating the employee will not work for a competitor after departing the employees present employment. An non-compete agreement may be held unreasonable because it:
In short, a non-compete agreement cannot restrict an employee to make a living. If you’re asked to sign a non-compete agreement, your best first step may be to negotiate the finer print with your employer. If your current employer asks you to sign a non-compete when you’re promoted to a new role within the company, it’s reasonable to request money to compensate you for the rights you are giving up. Bear in mind that this will likely prevent you from later claiming that the clause should not be enforced against you. If presented with a non-compete clause, insist that it take effect only if you leave the job voluntarily. Otherwise, the clause could limit your employment opportunities if you are fired or laid off. Ask for the prohibited competition to be plainly listed.
February 18, 2014
Click here to read Scott L Schroeder S.C.’s February_2014.
In this issue:
Top 10 Dangerous Jobs
Hurt at Work?
January 24th, 2014
When and How to Hire a Personal Injury Lawyer
Most Personal injury legal issues fall into several categories: auto accidents, slip and falls, medical malpractice, nursing home failure of care and wrongful death. Generally speaking, if you answer yes to any of the following questions, you may wish to hire a personal attorney. Do you have injuries that may require surgery or long-term treatment? Do your injuries may result in some permanent impairment? Do your injuries cause you to miss more than a few days of work? Do you have any type of head or brain injury? As a result of your injury, are you are unable to walk, dress yourself, feed yourself, or handle other personal activities? Do you have a prior injury or medical condition that may have been aggravated by this new injury? Ask the potential Personal Injury Attorney the Right Questions When you meet with a personal injury attorney for the first time, make sure to bring all documentation related to your claim. Asking the following questions will help you to determine if a specific lawyer is right for you: What is your educational background? How long have you been in practice? How many personal injury claims have you successfully settled? Have you typically represented the injured persons or the insurance company in personal injury cases? What is your experience as a trial attorney? Would my case likely go to trial based on your experience? Will you accept my case on a contingency fee basis? Do you charge a retainer fee? Are there any additional fees or potential expenses I should be made aware of?
January 17th, 2014
Winter Car Accidents in Wisconsin
No one plans to be in a winter car accident. What should you do if you are hit or if you hit someone else? 1. You must stay on the scene until you’ve satisfied your duties. What are your duties? You must give your name, address, and registration number of the vehicle you were driving to the others involved in the accident. If requested, you must also show your driver’s license. 2. If anyone is injured, you must offer “reasonable assistance,” meaning either calling for help or taking the injured to receive help (after you have satisfied your duties) 3. Accidents involving an injury, $1000 or more of property damage to any single property, or $200 or more of damage to government property (other than a motor vehicle) mean that you must contact police right away. The state of Wisconsin is serious about following the appropriate procedures after an accident. Failing to stop or remain at the scene of the accident, or to comply with other accident procedures, could result in fines and possibly jail time, along with a felony conviction on your record.
January 16, 2014
Click here to read Scott L Schroeder S.C.’s January 2014 Newsletter
In this issue:
Protect Your Rights
December 17, 2013
Click here to read Scott L Schroeder S.C.’s December 2013 Newsletter
In this issue:
Six Tips for Safe Toys
Dangerous Toy Lists
Dr. Toy’s 100 Best
December 13, 2013
Scott L. Schroeder S.C. Wins Jury Trial for Local Rock County Family
The parents of a local family built up a substantial farm during the 1950’s-1980’s in Rock County. The parents had put the farmland in a trust for their six adult children. One of the adult heirs continued to farm the land. Once both the father and the mother had passed the farm land was sold at auction, in December 2011, for a record price per acre. The remaining farming family member sued the trust for failure to give proper notice for the termination of the tenancy seeking in excess of $100,000 in farm profits for one year. Scott L. Schroeder S.C. defended the estate trust and the trustee. This litigation took about one year to get to trial. The three day jury trial was held in Rock County Circuit Court in early December 2013. The jury returned a verdict of $0 for the farmer, resulting in a victory for the trust beneficiaries and trustee. Scott Schroeder is well versed in the skills it takes to be an effective trial lawyer, as the above result indicates. Do you have a complicated legal matter that you would like to discuss? Contact Scott Schroeder by email or by phone at (608)752-2555.