PERSONAL INJURY - AUTOMOBILE / MOTORCYCLE ACCIDENTS - PRODUCTS LIABILITY - MALPRACTICEWORKMAN'S COMPENSATION - DOG BITES - PREMESIS LIABILITY - LITIGATION - EEOC CLAIMSDISCRIMINATION - EMPLOYMENT LAW - CRIMINAL DEFENSE - FELONIES - MISDEMEANORS - TRAFFICOWI - DRUNK DRIVING - FAMILY LAW - DIVORCE - PATERNITY - ADOPTION - CHILD SUPPORTCUSTODY/PLACEMENT/VISITATION - SOCIAL SECURITY DISABILITYHetzel & Nelson LLCAttorneys at Law411 N. River RoadWest Bend, WI 53090Practice Areas - Hetzel & Nelson LLC, Attorney at Law in West Bend, WIThe following provides information regarding the types of cases the HETZEL & NELSON LLC Law Office typically handles. HETZEL & NELSON LLC Law Office can provide assistance with these or other areas. The information is provided for informational purposes only, and is not legal advice, and should not be substituted for discussing your case with an attorney licensed to practice law in the State of Wisconsin.HETZEL & NELSON LLC Law Office assumes no liability for the content of this website.Injury CasesEvery day, good people are injured through no fault of their own. Lately, TV and Radio ads, paid for by large corporations and insurance companies have tried to brainwash people into thinking it is greedy to file a lawsuit.The real problem is that many corporations and insurance companies value the bottom line, over the safety and well-being of everyday people.To complicate things, the legislature in Wisconsin has made it increasingly more difficult to recover your losses, by applying damage caps, and statutes of limitation which are difficult to comply with.If you are injured in a car or motorcycle accident, a slip & fall, a construction accident, a dog bite, medical malpractice, or by a defective product, the first step is to get medical treatment. The next step is to consult with an attorney. If you can not go to an attorney's office, your attorney should come to you.The insurance company liable for your injuries will likely attempt to contact you shortly after the incident. You are not obligated to give them a statement or sign a medical authorization or see their doctor. In fact, you should not do any of those things without first consulting with your own attorney.Many insurance companies will encourage you to settle your claim for a fast payment. Do not assume that you are getting a fair settlement. Insurance companies are in business to make money.Most injury cases will settle before trial. However, it is important to retain an attorney who has trial experience, and can help you get a fair settlement.Injuries at Work - Workers' CompensationOverviewIn Wisconsin, most employers are required to carry workers compensation insurance, or be self-insured in the event an employee is injured during the course of his or her employment. Workers compensation is not a fault-based system. If you are injured at work, regardless of fault, you may be entitled to compensation. Because workers compensation is not fault-based, insurance companies often attempt to deny claims based upon "pre-existing conditions" or attempt to attribute injuries to "accidents outside the work place". They also generally will try to rush an employee back to work before they may be fully healed.If You Are Injured at Work. . .The first step is to report the injury to your employer. This report must be made within 30 days of the injury and should be made at the time of the injury, if possible. If the injury is caused by exposure, such as carpal tunnel or hearing loss, you should report it as soon as you are informed by your doctor that work exposure may be the cause of the injury. After your report has been made, you have up to 12 years from the date of the injury to request a hearing, however, in most cases a denial of benefits should be contested as soon as possible.Do I Need an Attorney and How Much Will it Cost?This is a difficult question for anyone, much less someone who is unable to work and has medical bills accumulating. Attorneys' fees are regulated by the Department of Workforce Development at 20% of the amount of benefits recovered.The insurance carrier has a staff of adjusters, attorneys, doctors and nurses trained in the law of workers compensation. It is there job to minimize insurance expenses, which means to deny claims, and get injured workers back to work quickly. If you are injured at work, and the insurance company has denied your claim, or is pressuring you back to work, you should consult with an attorney.At Hetzel & Nelson LLC Law Office, the initial consultation, by phone or in person, is always free, and you will receive an honest opinion as to the merits of your case.SidebarWorkers Compensation Insurance Carriers make money by denying claims. You may be the victim.Criminal DefenseBeing charged with a crime is an extremely stigmatizing event. Many times, mistakes are made, and innocent people are charged. Even if you have some culpability, an attorney can help make sure your rights are protected, and that you are dealt with fairly.Misdemeanors and FeloniesMisdemeanors are crimes punishable by one year or less in the county jail. Felonies are crimes that carry a maximum sentence of one year or more in state prison. Both types of charges can have ramifications above and beyond jail time.Help from Day OneAn attorney can help from the moment you realize you are in trouble. If you are contacted by law enforcement, you may wish to contact an attorney to make sure you are treated fairly. This can prevent you from being taken into custody and having to spend time in jail, awaiting a bond hearing.An attorney can help secure your release from jail during the duration of your case. In felony cases, an attorney should represent you at a preliminary hearing, to make sure the state has probable cause to charge you with the alleged crime.No Substitute for Trial ExperienceYou should make sure that the attorney you have retained has trial experience, and is willing and capable of having the matter tried before a jury. If the District Attorney does not provide a fair offer, a jury trial may be the only way to clear your name. Trial experience could mean the difference between going home, or going to jail.SidebarEarly intervention can sometimes prevent charges from ever being issued. While you should always be cooperative with the police, an attorney can make sure that your rights are being adequately protected.Family LawWhether you are contemplating a divorce, need a paternity determination, or want to adopt the children from your spouse's previous marriage, family law can often be much too complicated to try to handle without the help of an attorney.Going Pro Se, or Using One LawyerIn an effort to save money, some couples will try to handle their divorce without an attorney, or jointly seek the advice of just one attorney for both parties. Sure, we could all afford to save a little money.Unfortunately, most of the time, both parties end up having to go out and retain their own attorney, in addition to money spent on forms, or on a single lawyer. It would be great if people could resolve their differences without outside help, but if that were the case, you probably wouldn't need to file for divorce. Once a conflict arises in these cases, the lawyer can't represent either party, and usually if one side gets an attorney, the other follows suit.Many IssuesSometimes, in short-term marriage with no children, and not a lot of money, a divorce can be handled quickly, and without much expense. However, when minor children are involved, and the marriage is somewhat lengthy, many issues arise.What are the tax consequences? Do I have a right to my husband's retirement benefits? Who is responsible for health insurance for the children? Am I entitled to a portion of my wife's home business, which I have helped establish? What about child support or family support? Do I need a restraining order? All of these are questions an attorney can help answer for you.It Doesn't Have to be DifficultThe end of a relationship can be emotionally draining. Tying up legal ends does not need to be done. However, it is important to make sure that you're receiving a fair result to the end of your marriage.If you are in need of a lawyer with courtroom experience, Hetzel & Nelson LLC Law Office can help.SidebarCases involving spouses, children, and family members can be the most contentious situations. An attorney can provide guidance, and an understanding of the proceedings, which will help you get through these difficult times.Traffic OffensesStandard ViolationsMost people during the course of their lives will at some point receive a traffic citation. Traffic citations can be costly propositions both in terms of the fines levied and increased insurance premiums.Should I Contest the Citation?Regardless of whether you are guilty of the infraction or not, it is a good idea to contest citations. Most agencies which issue traffic citations are willing to lower point totals, reduce fines, or amend moving violations to non-moving violations simply because you have contested the citation. These reductions can help keep insurance premiums lower and may help a motorist keep his or her license.Can an Attorney Help?Retaining the services of an attorney can make a difference regarding a traffic citation. First, it may allow you to miss the court proceedings, which are often during work hours, or late in the evening. It shows the prosecutor that you are serious about contesting the citation. Many citations are incorrectly written or charged, and the attorney may be able to get the citation dismissed outright.At Hetzel & Nelson LLC Law Office, the Initial Consultation is always free, and you will receive an honest assessment as to the merits of your traffic citation defense.SidebarProtecting your right to drive is extremely important. How often do we use our vehicles on a daily basis? Once your license is gone, it is very difficult and expensive to successfully get it back.SMALL CLAIMSNot So SmallTo most people, $5,000 is a lot of money. Many times, if you are the defendant in a small claims action, the plaintiff may be an insurance company or collections agency that will have an experienced professional handling the case. If you are the plaintiff, you probably have a lot at stake, because you are asserting that the defendant owes you some debt.Can an Attorney Help?Sometimes, hiring an attorney, and spending thousands of dollars seems to defeat the purpose of pursuing or defending a small claims action. However, in some instances, an attorney can be of great assistance at a minimal charge.If you consult with an attorney, make sure the initial consultation is free. Inquire what it will cost to hire an attorney to get the results you are looking for. Ask the attorney what your chances are of successfully litigating the lawsuit.If you feel that you may need the assistance of an attorney, you probably do.SidebarMany collections, repossessions and evictions are small claims actions with big stakes. Discuss your options with an attorney.OPERATING WHILE INTOXICATED - (DRUNK DRIVING)What To Do If You Are StoppedThere are no simple solutions when you are stopped and the officer believes you may be intoxicated. You may have heard rumors or stories about what to do, but the simple truth is that there are no easy answers. The first thing to do is be polite with the officer. Defensive motorists are much more likely to be cited.If the officer suspects a motorist is intoxicated by alcohol or other drugs, the officer may request to administer battery or field sobriety tests. These tests vary from department to department across the State of Wisconsin, but may include the Horizontal Gaze Nystagmus Test (follow the flight with your eyes), One Leg Stand Test, Heel to Toe Walk Test, Touch Your Nose Test, Alphabet Test (without singing), etc. These tests are used to gain evidence against a motorist suspected of OWI.During the stop, and throughout the admission of these tests the officer will note the smell of alcohol on your breath, whether your eyes are bloodshot, your speech is slurred, and whether you have full balance. If you have any doubt about your ability to complete field sobriety tests, I would recommend that a motorist refuse them. This refusal may be used against a driver in court, but you can be assured that failure to perform well on the tests will also be used.After field sobriety tests, most officers in Wisconsin will request that a motorist take a preliminary breath test, or PBT. This is a small device with a straw that a motorist blows into, which can detect the presence of alcohol. PBT results are highly inaccurate and are not admissible in court. You may refuse to take a preliminary breath test, however, your refusal may be used in court as evidence against you.The Chemical Test and Implied ConsentIn Wisconsin, when you apply for a driver's License, every person signs a form that grants consent to have your blood, breath or urine checked for the presence of alcohol or other drugs. Therefore, when an officer stops a motorist and requests that you submit to a chemical test of your blood, breath or urine, a failure to comply will result in the loss of your driving privilege.This test could take the form of a blood draw at the hospital, a breathalyzer test at the police station, or the taking of a urine sample. Because a loss of license is automatic for most refusals, a motorist should consent to a chemical test. Results for blood or urine may not be immediately knownA Serious OffenseDrunk driving is a serious offense. Failure to contest a first drunk driving charge will automatically result in the suspension of your driving privilege for a minimum of 6 months. Additionally, the fines can be staggering. On second and subsequent offenses, jail time is often recommended by the district attorney's offense, and required by law. In Wisconsin, a fifth or subsequent offense is considered a felony.Can an Attorney Help?When you are charged with drunk driving, the ramifications almost always warrant the services of an attorney. Many times there are defenses available that could help get the charges reduced or dismissed, but it is imperative that you protect your license from the beginning.At Hetzel & Nelson LLC Law Office, the Initial Consultation is always free, and you will receive an honest assessment as to the merits of your drunk driving defense.Been Hurt in a DUI Accident?We recommend working with attorneys that have extensive experience in both personal injury and criminal law when a DUI is involved. Our partners at KaplunMarx Philadelphia Attorneys and Allentown personal injury attorneys help develop cases the right way when DUI's are involved.