If you are injured in an automobile accident, you may be wondering who will pay for accident-related care and treatment. Prior to a settlement or jury verdict, it is unlikely that the responsible party will pay for care and treatment. Therefore, you will likely turn to your health insurer for payment.

If you do not have health insurance through an employer plan, private plan or government plan, the prospect of unpaid medical bills may be daunting. Therefore, it is important to consult your own automobile policy declarations to determine if you have coverage for accident-related medical expenses.

Although not every policy has medical expense coverage, many policies have a small amount of coverage ranging from $1,000 to $10,000. Some auto insurers offer higher amounts, even up to $100,000. While this may seem like a lot of coverage, the cost of significantly increasing the amount of medical expense coverage on your automobile policy may be minimal. Therefore, it is highly recommended that you consult with your automobile insurance agent to discuss options for increasing your medical expense coverage.

This is true even if you have health insurance through your employer. Employer-sponsored health plans may have high deductibles that could leave you with significant responsibility for medical expenses until met. Having medical expense coverage under your automobile policy may assist in covering these expenses. Moreover, under federal law, some employer-sponsored health plans may claim a first right of recovery from any settlement.

Medical expenses paid under an automobile policy, however, are likely subject to a doctrine known as made-whole. The made-whole doctrine provides that the auto insurer making medical payments is not entitled to be reimbursed for medical expenses paid until you are made whole for injuries and damages sustained.

After you receive a settlement from the responsible party’s insurer, it is often possible to negotiate a reduction in the amount of medical expenses to be reimbursed to the insurer paying under the medical expense coverage of an automobile policy to avoid a dispute as to whether the settlement has made you whole.

If you are involved in an automobile accident, you should always remember to check your own automobile policy to access any benefits you may have for medical expense coverage. It is equally important to be proactive by considering increasing your medical expense coverage now before you are the unfortunate victim of a serious automobile accident.

 

Are you thinking it is time to build your new dream home or do some remodeling to your existing home?  Are you a busy homebuilder just trying to keep up?  In either case, you should be aware of a Wisconsin statute that sets out procedures for addressing defects that arise as a result of construction and remodeling projects.

Wisconsin Statute 895.07 was created for claims against contractors and suppliers related to the construction or remodeling of a dwelling.  A dwelling is defined by the statute to mean more than just a new home.  A dwelling includes other existing structures on a residential premise, such as driveways, sidewalks, swimming pools, patios, terraces, fences, porches, garages and basements.

Wisconsin law provides that prior to entering into a written contract to construct or remodel a dwelling (or as soon as possible but before starting work if the contract is oral) a contractor shall give notice to the consumer of his or her rights under Section 895.07.  The specific language to be used may be found in Wisconsin Statute 101.148.

Should defects arise as a result of the project, Section 895.07(2) requires the consumer to give the contractor written notice describing the defects complained of no later than 90 working days before commencing action, such as a lawsuit or arbitration.  This notice must include a description of evidence that the consumer knows of, including expert reports, that substantiate the nature and cause of the defects.

Within 15 working days of receiving the consumer’s notice, the contractor has one of five options for responding.  Those options include: 1) offering to repair or remedy the defect at no cost to the consumer; 2) offering to pay money to settle the claim; 3) offering a combination of repair work and money; 4) rejecting the claims in total; or 5) proposing to inspect the property.

If the contractor chooses to inspect the property, the consumer must provide access within 15 working days.  Following the inspection, the contractor has 10 working days to respond to the consumer identifying one of the remaining four options listed above that the contractor chooses.

Contractors often use a host of suppliers for dwelling construction and remodeling work.  It may be the case that one of these suppliers bears responsibility for the defects.  In that case, the contractor may assert a contribution claim against the supplier.  Section 895.07 provides a procedure for making contribution claims.  The contractor must provide notice to the supplier within five days after receiving a consumer’s claim unless the contractor has taken no action to repair the defect, performed no destructive testing, not permitted the consumer to take action to repair the defect, has not interfered with or altered the property subject to the claim, and has not precluded the supplier from offering to remedy the defect or make repairs.

As a contractor, if you failed to give the notice required by Section 101.148 and are sued for construction defects, the court must stay the legal action and order the parties to comply with the notice requirements and the procedures in Sections 101.148 and 895.07.

Whether a consumer or a contractor, we hope your construction and remodeling projects go smoothly.  However, when that is not the case our litigation team at Anderson O’Brien is here to help.

 

My litigation practice has taken me into many areas of law in my career, including handling matters for both municipal and business clients that involve tax incremental financing (TIF.) Despite these turbulent economic times, new and existing businesses as well as municipalities are still searching for ways to move forward. TIF may be one very useful tool for a successful public-private partnership.

TIF is a mechanism for financing development from taxes that are generated from a tax incremental district (TID.)  TIDs, governed by state law, have been in existence for decades. In simple terms, a TID is a geographic area that is created to advance development within the district for a limited time. The tax revenue generated on property within the TID at the time of creation will continue to be shared with overlying tax entities. However, tax revenue generated from new development within the TID will be retained entirely by the TID to finance further development during its life.

Financing can come in many forms. Cash grants to new and expanding businesses to incentivize development may be one such form. Pay-as-you-go incentives, which involve developers retaining tax revenue generated by their own specific development, may be another form. Hybrid arrangements of these two financing tools are another potential.

For new businesses especially, TIF can serve as added security for a lender. Moreover, TIF may often work in combination with private financing, other state incentives and gap financing to make a new business venture a reality and a win-win for business and local taxpayers in the long run.

However, a win-win situation starts with understanding the options available, the typical municipal processes to go through and ultimately structuring a strong development agreement.  Poorly drafted development agreements can lead to litigation from both sides.  Securing TIF advice from municipal counsel early in the process can pay dividends and avoid problems on either side down the line.

 

Sports, even at the high school level, can raise emotions in players and spectators alike.  Sports officials are not strangers to displeasure with calls they make on the field or court.  However, there comes a point when expressing displeasure can cross the line. For this reason, a growing number of legislators from both sides of the aisle are backing a new bill that would criminalize harassment of sports officials.

Under current Wisconsin law, a person can be charged for harassment or intimidation of another, striking, shoving or kicking another person or engaging in a course of conduct that repeatedly commits acts which harass or intimidate another person and which serve no legitimate purpose. Offenders can be slapped with a fine up to $1,000 which is classified as a Class B forfeiture.

Under the bill, someone who harasses a referee, umpire, judge or person performing similar functions and the conduct is in response to a sport official’s action or is intended to influence a sport official’s action, could receive greater consequences.  Punishment could include up to nine months in jail, a fine of $10,000 or both, classifying it as a Class A misdemeanor.

Organizations are identifying an increasing need for protections specific to sports officials.  Referees are already protected by law in 24 other states.  According to a Wisconsin Public Radio report on the bill: “In 2017, the National Association of Sports Officials conducted a survey of more than 17,000 referees from across the country. It found that nearly 50 percent of officials have feared for their safety, while almost 60 percent felt that sportsmanship is on the decline.”

Legislation offering protection to sports officials has found support from organizations including the National Association of Sports Officials, the Wisconsin Interscholastic Athletic Association, the Wisconsin Athletic Directors Association and the Wisconsin Intercollegiate Athletic Conference.

The bill has bi-partisan support but is currently seeking co-sponsors before it would be presented to a legislative committee in Wisconsin.  Support for the bill continues to grow with sponsorship coming from 29 Assembly representatives and nine senators.

 

When you head out on the road, a motor vehicle accident is the last thing you want to happen. However, if you fall victim to a motor vehicle accident on account of another driver’s negligence, you do not want to do anything to jeopardize receiving full compensation for your injuries and damages.

The first thing you want to do is address the immediate medical needs of yourself and others. If you, a friend or family member are able, get the names and contact information from potential witnesses and take photographs of the scene and vehicle damage. Responding officers will likely want statements. Following the incident, be sure to contact the responding agency and request copies of all reports, 911 calls, dash cam video, body cam video, photographs, statements and any other evidence that may have been gathered from the scene of the accident. Depending on the location, street camera surveillance may be available as well. Some of this evidence, especially body cam video, may be discarded shortly after the accident. Therefore, it is critical you request this information promptly. In reviewing the reports and your statement, if you believe there are errors or omissions, bring this to the attention of the responsible agency as soon as possible.

Contacting your insurance company promptly is important as well. Immediately review your most recent insurance declarations. If you have what is referred to as underinsured or uninsured motor vehicle coverage (UIM/UM), your insurance company may provide coverage for injuries and damages you sustained as part of the accident if the negligent party has insufficient insurance coverage or no coverage at all. Your insurance company will also need to be notified to address the property damage to your motor vehicle.

You will also most likely be contacted soon after the collision by the other driver’s insurer. His or her company will likely want to abruptly resolve matters with you for an amount that may be far less than the true value of your loss. If your accident occurred in the State of Wisconsin, you have 3 years from the date of the accident to bring a lawsuit. Therefore, there is no immediate need to settle your claim within days or weeks of the accident. What may seem like an expected ache or pain that you feel will go away in days or weeks, could be a far more serious (even permanent) soft tissue injury. Waiting to more fully assess the extent of your injuries and damages is vital to being fully compensated.

The other driver’s insurance company will also likely want you to give a statement that is recorded. This insurance company does not represent you and does not have your best interests in mind. This statement could be used against you later. You have no obligation to give a statement to the other driver’s insurer. If you do give a statement, you are entitled to a copy of the statement and we recommend securing one as soon as possible.

If you are involved in a motor vehicle collision, the attorneys at Anderson O’Brien are here to help. We have decades of experience representing those injured in motor vehicle accidents to ensure that they are protected. We are only a call away.