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Frequently Asked Questions (FAQ)



PERSONAL INJURY
WORKER'S COMPENSATION
FAMILY LAW

Do I Need a Lawyer?

Yes. The attorneys at Lawton & Cates, S.C. are experts in resolving automobile accidents and other personal injury claims. We can tell you if you are entitled to double damages in a dog bite case. We can work with your health insurance company to reduce or eliminate the amount you have to pay them. We have represented thousands of injured clients and know how to get you the best possible settlement.

How do you protect your rights
if you have been injured?

Call Lawton & Cates
800.900.4539 or 608.282.6200
or
Contact Us By e-mail At
Contact Lawton & Cates, S.C. as soon as possible. We can better investigate a case while evidence at the scene of the accident is fresh. Witnesses are better able to recall the incident shortly after it happens. Photographs preserving the scene are helpful in proving a case.

Medical Attention
Make sure the injured person receives the best medical care available and that there is no delay in seeking treatment.

Preserve All Documents
Be sure the proper authorities are contacted immediately and the appropriate reports are completed. Police should be contacted for automobile accidents and a supervisor or company official for work accidents.

Giving Statements
If you are asked to give a statement to the police, provide them with accurate and complete information. If you are asked to give a statement by an insurance company or agent, have them call your attorney at Lawton & Cates, S.C.

Carefully Review Everything You Sign.

If you do not understand the document, Do Not Sign It! Call your attorney at Lawton & Cates and we will review it and advise you.

Notify Insurance Carriers
Notify your insurance company even if you think you are not at fault since the other driver may have no coverage. Most companies require notification of an injury as soon as reasonably possible.

Preserve Damaged Property
Preserve any damaged property and any physical items that are related to the accident.

Keep Records
The injured person, a family member, or both should record the details related to the injury and the pain and suffering experienced. These are helpful both in seeking treatment for your injuries and recalling your injures at a later date.

Dealing With Claims Adjusters
Let us deal with the claims adjuster. If they call you, tell them to talk to your attorney at Lawton & Cates, S.C.

What Is A Fair Settlement?
The answer to what is a fair settlement varies for each client. You are entitled to have your car paid for at market value, not wholesale. You are entitled to get your medical bills paid. You are entitled to get your lost wages paid. You are also entitled to compensation for your pain, suffering and disability. The attorneys at Lawton & Cates, S.C. will work with you to determine how the injury has impacted your life. We will fight for you with the insurance company and, if necessary, we have the expertise to take your case to court.

How Long Do You Have To Decide Whether To Sue?
There are laws that limit your time to sue. If the statute of limitations expires, Yyou cannot bring a claim. Contact your attorney at Lawton & Cates, S.C. with your questions about the statutes of limitation.

Contact a personal injury Lawyer at
Lawton & Cates for a free initial consultation:

Worker's Compensation

3/31/09 - Workers Compensation
3/31/09 - Worker's Compensation

What Should You Do If You Are Injured At Work?
It is important to immediately report injuries to your employer. You should seek medical or chiropractic care for your injury.

What Kinds Of Injuries Are Covered By Worker's Compensation?
Wisconsin law covers injuries resulting from accidents or occupational diseases (example: hearing loss or carpal tunnel syndrome). A compensable injury may be physical, mental or both.

An injury must have occurred within the course of your employment. However, "employers take their employees as they find them." If a worker has a pre-existing condition that made them more susceptible to injury, this does not bar the worker from compensation.

How Much Will I Be Paid While I Am Off From Work?
There are caps on weekly compensation that change yearly. There is no compensation due for the first three days off from work. However, after you have been off for seven days, then those first three days will also be paid.

Will My Healthcare Expenses Be Paid?
You are entitled to have all medical and other healthcare expenses paid by your employer's worker's compensation insurance company. You must obtain permission from the insurer or self-insured employer before receiving out-of-state treatment, otherwise, your treatment may not be paid. If you are injured at work, you should tell your healthcare providers that your injury is work related. However, you should also give them the billing information of your health insurer. If the Worker's Compensation claim is denied, they can then bill your health insurance so that you are not left with an unpaid bill.

What Other Benefits Am I Entitled To Receive?
If you have a permanent injury there are other benefits to which you may be entitled.

These include:

  • Permanent Partial Disability payments;
  • Vocational Rehabilitation;
  • Loss of Earning Capacity payments;
  • Other penalties, such as safety violations and disfigurement payments.

What Should I Do If My Worker's Compensation Claim is Denied?
Contact Doug Phebus or Victor Arellano who have extensive experience handling worker's compensation claims. First consultations are free. Our attorneys will be able to tell you whether or not you have a viable claim and if legal representation is in your best interests.

Contact a Worker's Compensation Lawyer at
Lawton & Cates for a free initial consultation:



Family Law

WHAT ARE THE BASIC ISSUES IN A DIVORCE?
Wisconsin is a no-fault divorce state. This means that the court is not interested in why a party is seeking a divorce. The court must be convinced that the marriage is irretrievably broken. In other words, the court will grant the divorce if there is no reasonable prospect that the married couple can reconcile their differences.

Mar. 24th 2009 Podcast - Divorce: Ginger Murray

WHAT SHOULD I LOOK FOR IN A GOOD DIVORCE LAWYER?
According to the Divorce pamphlet produced by the State Bar of Wisconsin: "Contrary to what many people believe, good divorce lawyers don't push their clients into full-scale war. This only leaves behind damage and resentment that can linger for years. The best outcome is a divorce that allows two people to begin to heal and get on with their lives. Toward that end, divorce attorneys help their clients settle their divorce, if at all possible, rather than go to trial."

Custody: Who has the authority to make major decisions for a child?. "Major decisions" include consent to marry, consent to enter military service, consent to obtain a driver's license, authorization for non-emergency health care and choice of school and religion. If both parents have equal decision-making authority, this is called "joint legal custody." If one parent has the right to make major decisions, this is called "sole legal custody."

Physical Placement: The person who has physical placement makes decisions regarding the child's care while the child is physically placed with that him or her. These decisions must be consistent with major decisions made by the person(s) having legal custody.

Child Support: Payments made from one parent to another for the purpose of assisting in the costs of raising the child(ren). Support calculations can be complex and vary based on the amount of time each parent has placement of the child(ren) and the level of income of either or both parents.

Maintenance: Formerly called alimony, maintenance is a payment from one spouse to the other. When determining if maintenance should be awarded, the court will consider: the length of the marriage; the age and health of both spouses; the property division; the education of each spouse; the standard of living of each spouse and the likelihood that each is or can be self-supporting; tax consequences; agreements between the spouses; the contributions of each spouse toward the other or the family; and other factors the court deems relevant. Maintenance can be awarded for a fixed amount of time or indefinitely.

Property Division: The court will attempt to divide the marital estate equally between the spouses. The marital estate consists of assets and debts acquired during the marriage. There are rules that allow certain property to be excepted from the marital estate: inheritance, gifts, etc..

How are Child Support Calculations Made?

  1. If one parent has primary placement, the court typically orders child support based on the following guidelines:
    • One Child: 17% of gross income
    • Two Children: 25% of gross income
    • Three Children: 29% of gross income
    • Four Children: 31% of gross income
  2. If the parents share placement, the courts will consider the amount of child support mom would pay for the child(ren) for the time the child(ren) are with dad and offset that figure by the amount dad would pay for the time the child(ren) are with mom.
  3. The court may use alternative formulas for high and low income child support payers.
  4. Either parent may argue for deviation from these standard calculations.

What Other Considerations Should Be Discussed With An Attorney?
Other procedures that may require a Family Law Attorney, include the following:

  • Adoption
  • Paternity
  • Post Judgment Modifications
  • Domestic Violence Cases

Contact a Family Law attorney at Lawton & Cates for a free consultation: