Demarb Brophy, LLC2020-12-09T21:11:49Zhttps://3162597.findlaw1.flsitebuilder.com/feed/atom/WordPress/wp-content/uploads/sites/1101749/2018/10/cropped-demarbsymbol-512-512-blue-32x32.jpgOn Behalf of DeMarb Brophy LLChttps://3162597.findlaw1.flsitebuilder.com/?p=493772020-12-09T21:11:49Z2020-12-09T21:11:44ZMotor vehicle crashes account for almost half of all spinal cord injuries in the U.S. every year.The level of recovery depends on the location and severity of an injury. SCI treatment can become extremely expensive and can last for a lifetime.
About SCI
The spinal cord carries impulses from the brain to other parts of the body. An injury that occurs to any part of the spinal cord can cause either temporary or permanent damage and disrupt this important function.
The diagnosis
There are two types of spinal cord injury. A complete SCI will cause the loss of all feeling below the site of the injury, while with an incomplete SCI, some feeling and the ability to function remains. Keep in mind that spinal cord injury is not always recognizable immediately following a vehicle crash. In addition to potential loss of mobility, symptoms might include the altered sensation of heat or cold, issues with breathing and coughing, loss of bladder or bowel control or even digestive problems. This is why prompt medical attention is essential. A doctor will conduct a physical examination and order imaging tests such as a CT scan, an MRI and a myelogram, which is an x-ray of the spine. Once a diagnosis is available, treatment can begin.
Hope for recovery
Currently, doctors have no way of reversing spinal cord damage, although ongoing research shows encouraging results. Meanwhile, spinal cord injury can affect your life in many ways. Among the goals of rehabilitation are to help restore basic bodily functions and to assist with the promotion of nerve cell regeneration. Medical expenses can mount swiftly. However, if your SCI results from a crash caused by a negligent driver, you have the right to expect full and fair compensation to cover your medical expenses, lost wages and more.]]>On Behalf of DeMarb Brophy LLChttps://3162597.findlaw1.flsitebuilder.com/?p=493612020-09-10T22:30:52Z2020-09-10T22:30:52ZBesides a breath test, one common way police officers will gather evidence of intoxication is through a series of field sobriety tests. Getting a better understanding of these test before you’re asked to perform them on the side of the road can help you know what to expect and understand flaws that may help your defense.
Here is an overview of the three different sobriety tests approved by the National Highway Traffic Safety Administration:
Walk-and-turn test: During the walk-and-turn test, suspects must walk in a straight line by taking heel-to-toe steps — nine to be exact. Then, after nine steps in one direction, they will turn on one foot and walk back with nine more steps.
One-leg stand test: Through the one-leg stand test, a police officer will ask a test taker to stand on one foot. To perform this test correctly, the suspect needs to hold their foot up about six inches above the ground while counting for 30 seconds.
Horizontal gaze nystagmus test: Through this test, the suspect must follow a small object with their eyes as a police officer moves it back and forth in front of them.
Throughout each test, the police officer conducting the traffic stop will look for any hints that the driver might be impaired. During the walk-and-turn and one-leg stand tests, one clue of impairment might be loss of balance. Through the horizontal gaze nystagmus test, the officer will look to see if the suspect’s eye jerks seem normal or if they seem to be more dramatic than normal. And through all three tests, failure to follow the specific set of instructions the police officer gives may be a sign the driver is drunk.
Since the steps to these tests are highly detailed, it’s possible that a police officer might leave out an important part when they instruct suspects through them. And because they are highly physical, suspects could have health condition, like a balance disorder, that doesn’t allow them to complete sobriety tests with ease.
Thankfully, first-time offenders won’t be sentenced to jail time in Wisconsin, but having to pay fees for your mistake, facing higher insurance rates and driver’s license revocation can all cause major inconveniences. It’ll be helpful to speak with an experienced criminal law attorney before choosing to fight off an OWI charge by yourself.
]]>On Behalf of DeMarb Brophy LLChttps://3162597.findlaw1.flsitebuilder.com/?p=493542020-09-08T05:01:31Z2020-09-08T05:01:26Zdays after a crash, you must remain aware of any signs of illness or injury, especially since these symptoms may point to a traumatic brain injury. While most of these injuries occur due to a blow to the skull, an event that causes your head to shake violently may do the trick. Discover what a traumatic brain injury means for you now and in the future.
Subtle symptoms
After a crash, your body may send you subtle clues that there is something wrong. You may sleep all the time or not at all. Your vision may blur or your ears ring. All of these point to your brain misfiring due to an injury. Do not ignore these symptoms, especially if they accompany a headache that intensifies.
Brain injury
When the brain sustains an injury, either by impact or by shaking, it may take days or weeks to get back to normal. Only a doctor can diagnose and suggest a course of treatment for a traumatic brain injury. It is worth noting that in the most severe accidents, those in which a direct blow to the head occurs, the brain may suffer permanent damage. The long-term consequences may include:
Memory loss
Seizures
Paralysis
Difficulty speaking
Limited brain function
The most severe traumatic brain injuries lead to permanent disability and an early death. After a crash of any magnitude, you should receive a complete physical to ensure you do not have an underlying injury.]]>On Behalf of DeMarb Brophy LLChttps://3162597.findlaw1.flsitebuilder.com/?p=493512020-08-17T17:43:29Z2020-08-17T17:42:51Zreported by Wisconsin Public Radio, a survey released by the University of Wisconsin-Oshkosh showed that Wisconsin businesses were finally starting to see income gains in July, marking the first time since April those numbers were in the black compared to a year ago. Specifically, “they saw a collective $11 million gain in income compared to July 2019”, representing “an improvement from the losses they have seen throughout the pandemic”.
Things are not as rosy for businesses that rely on travel and tourism to survive, especially during the traditionally busy summer months. Chicago’s new travel restrictions are throwing another wrench into a tourism sector already reeling from the effects of the pandemic, including a sharp decrease in business travel and a stay-at-home order earlier this year.
Chicago Mayor Lori Lightfoot issued a travel restriction late last month that requires anyone traveling from Wisconsin to Chicago to quarantine for 14 days. As reported by the Milwaukee Journal Sentinel, this has the tourism industry concerned about losing the business of visitors from the Chicagoland region who frequently flock to Wisconsin locations such as Lake Geneva. If they are unwilling or unable to quarantine for two weeks upon return to Chicago, they may decide to scrap their Wisconsin travel plans this year.
Will they be able to survive this down year and bank on a recovery in 2021 when cooped up families hit the road in search of recreation and adventure? We all hope so but 2020 has taught us that even the best forecasts can be quickly wiped away by the unexpected.
For businesses accumulating debt as a result of this lost year, choosing the right debt relief option can make all the difference in their ability to achieve the best possible outcome. We offer a variety of business debt relief options, including reorganizations and workouts, Chapter 11 bankruptcy and receiverships.]]>On Behalf of DeMarb Brophy LLChttps://3162597.findlaw1.flsitebuilder.com/?p=493442020-06-18T20:16:30Z2020-06-18T20:00:07ZIn the Badger State, if you have a blood alcohol concentration above 0.08%, it is against the law to drive a motor vehicle. If an officer suspects you of operating one while intoxicated, you are vulnerable to a variety of criminal and other consequences.To confirm your BAC is over the legal limit, an officer may ask you to breathe into a testing device. While these devices are usually accurate, they are not infallible. Here are four reasons your OWI breath test may give a false-positive result.
1. You are trying a fad diet
For many, the ketosis diet is a fast way to shed a few unwanted pounds. This diet, which induces the body into producing ketones, may wreak havoc on the accuracy of an OWI breath test. Likewise, if you eat ripe fruits, protein bars or dairy products, the breath test’s results may not be reliable.
2. You have a medical condition
While some medical conditions may change the way your body processes alcohol, others may also confuse a breath test. This is common with gastrointestinal disorders, where the body produces excess acid. Furthermore, if you have diabetes, an OWI breath test may conclude your BAC is over the legal limit when it is not.
3. You want good hygiene
Feeling fresh and clean is one of life’s simple pleasures. If you use mouthwash, cologne, perfume or lotion, though, you may find yourself in handcuffs after failing an OWI-related breath test. That is, environmental contaminants, like many of the hygiene products in your daily personal care regimen, can interfere with the accuracy of the test’s results.
4. The officer makes a mistake
While most BAC breath tests are easy to use, officers may make mistakes when administering the test. To ensure accurate results, an officer must give you detailed instructions and closely monitor you. Similarly, the officer must regularly calibrate the testing device and store it properly.If an officer neglects any of these responsibilities, you should not blindly accept the test’s results. Rather, you should consider using testing anomalies to defend yourself against OWI charges.]]>On Behalf of DeMarb Brophy LLChttps://3162597.findlaw1.flsitebuilder.com/?p=493412020-06-16T12:09:25Z2020-06-16T12:08:16Zaccording to the Milwaukee Journal Sentinel.
Like most business owners in Madison, we are supportive of the protests and unequivocally agree Black Lives Matter. Still, small businesses are bearing the brunt of the property damage. As reported by the Wisconsin State Journal, “almost every business on the street (State Street), from new ventures to those that have been around for decades, has been hit by graffiti, broken windows, or looting.”
Businesses with property damage should immediately examine their insurance policies. Most Wisconsin businesses carry insurance that covers, among other things, damage causes by riots, fires, and civil unrest. Like any situation involving an insurance claim, it’s crucial to document the damage and make a claim as soon as possible.
“We’re All In” small business grants are now available to small businesses in Wisconsin. Funded by the federal Coronavirus Aid, Relief and Economic Security (CARES) Act., grants can be used to assist with the costs of business interruption, employee wages, even mortgages. Applications must be submitted during the period of June 15-June 23.
Some businesses will have to explore options for debt relief, both in and out of courts. Bankruptcy is an option, but is not the only option for achieving debt relief. For example, terms of debts can be renegotiated or Chapter 128 of the Wisconsin Statutes may be employed to allow a business to continue operating while undergoing an orderly winddown.
As you continue to navigate this period of turbulence you can turn to our firm’s experienced attorneys for guidance. We work with your creditors and, if necessary, can assist you with filing a bankruptcy case, or we can serve as a Chapter 128 Receiver. We understand the time and care you have put into your business and can help you explore all available options for getting you back on the path to profitability.]]>On Behalf of DeMarb Brophy LLChttps://3162597.findlaw1.flsitebuilder.com/?p=493372020-05-14T12:55:51Z2020-05-14T12:54:41Zwondering how they will manage to make ends meet and keep a roof over their heads as they continue to socially distance. Low consumer confidence threatens to reduce the impact of opening up the economy, all as a combination of financial and safety concerns make a long recession appear certain.
With so much bad economic news and no end in sight, what can a business do if debts and lack of cash flow threaten their solvency? In Wisconsin, businesses can consider both bankruptcy options, including Chatper 11 and the new Chapter 5, and Chapter 128 receiverships. Chapter 128 receiverships are a non-bankruptcy option for obtaining debt relief via the appointment of a receiver, the sale of company assets and the discharge of debts.
A business going through either a Chapter 11 bankruptcy or a Chapter 128 receivership can continue to operate and provide services to their customers while working to sell their assets as a going concern and simultaneously resolving associated debt obligations, liens, and other entanglements. In a Chapter 128, a receiver is appointed to manage the process, while in a Chapter 11 bankruptcy, most often the company’s management stays in control. Chapter 128 always results in a sale, whereas Chapter 11 can result in either a sale or a reorganization plan.
Attorney Rebecca DeMarb represents businesses struggling financially in Wisconsin and the surrounding area. In addition, she serves as a receiver throughout Wisconsin. This includes her recent appointment as a receiver over the assets of Quality Assembly & Logistics, LLC. Her appointment was crucial to the ability of the Marinette, Wisconsin business to continue providing essential services during the COVID-19 crisis. She has served as the Receiver and the Company’s counsel in numerous matters, both inside of and outside of court, where she has successfully helped businesses emerge from under insurmountable debt, helped creditors minimize losses and enabled business to find new ownership, new capital, preserve legacy and get a fresh start, thereby saving jobs and even communities.
Chapter 128 or Chapter 11 may be the answer you are looking for as you navigate this tough economic climate. You can count on our firm to provide you with the advice you need to make an informed decision about the way forward.]]>On Behalf of DeMarb Brophy LLChttps://3162597.findlaw1.flsitebuilder.com/?p=493292020-04-22T14:46:39Z2020-04-22T14:46:19ZOn Behalf of DeMarb Brophy LLChttps://3162597.findlaw1.flsitebuilder.com/?p=493242020-03-11T18:00:16Z2020-03-11T18:00:15ZHow the device works
An ignition interlock device is something you install on your vehicle that prevents it from powering up until you produce a sufficient, alcohol-free breath sample. You should also expect to have to provide periodic breath samples while using the vehicle, which prevents users from potentially having someone else blow into the device to start the car. You also have to pay for the installation and ongoing maintenance of your device for as long as you have it, which may add up to a considerable sum.
Who needs the device
How may you know if you should expect to have to install an ignition interlock device following an operating while intoxicated conviction? All repeat-OWI offenders in Wisconsin must install an ignition interlock device for a set period. Similarly, if you were a first-time OWI offender and your blood alcohol concentration was 0.15% or higher, you will also need the device. If authorities stop you and you refuse to provide a breath or chemical sample, this, too, warrants the installation and use of an ignition interlock device.
Once a judge orders you to use an ignition interlock device, you cannot drive any other vehicle that does not have a device installed on it. Tampering with the device in any manner, or having someone else blow into it on your behalf, has the potential to lead to additional serious legal trouble.]]>On Behalf of DeMarb Brophy LLChttps://3162597.findlaw1.flsitebuilder.com/?p=493112020-01-02T23:19:33Z2020-01-02T23:19:31Zdistracted driving accidents every year.
In an attempt to minimize the number of people who die in car accidents, some states enacted legislation prohibiting the use of hand-held cellphones while driving. Many people have started using hands-free devices as a safe alternative to hand-held cell phones. Studies show, however, that even hands-free devices are not safe to use on the road.
A look at the study
In a study published by AAA, researchers measured the amount of cognitive distraction caused by hands-free cell phones in comparison to other activities. Researchers asked participants in the study to use a simulator vehicle, as well as a car equipped with devices to monitor heart rate, eye movement, brain activity and response time. Researchers asked drivers to also engage in the following tasks while driving:
Maintain a conversation using a hand-held cell phone
Maintain a conversation using a hands-free cell phone
Listen to the radio
Compose an email using voice-activated technology
Listen to an audiobook
Have a conversation with a passenger in the vehicle
The results showed that using a hands-free cell phone is only slightly less distracting than using a hand-held device. Hands-free cell phones caused a significant amount of cognitive distraction. Enough to cause a serious car accident.
Understanding cognitive distraction
Cognitive distraction occurs when a driver focuses on something other than the road ahead. According to the NSC, the brain cannot concentrate on two complex tasks at the same time. Instead, the focus bounces back from one task to the other. While the driver focuses on one task, she or he cannot think about another. This may result in delayed response time to other vehicles, pedestrians, stop signs, traffic signals and objects in the road.
The safest way to drive is with minimal distractions. Experts urge drivers to avoid using any type of cellular device while behind the wheel.]]>