Reasons Police May Want to Question an Innocent Person in Wisconsin

Should you answer questions from the Police?  Exercise Caution!

A few questions may seem like a minor thing, but when it's the police doing the questioning, you need to be careful about how you act and what you say. You may think the conversation is nothing, but there could be ulterior motives at play.
Witness or Suspect
It's possible that the police are questioning you because they think you can give them a little extra information about something that happened. Maybe they saw you in the vicinity and took a chance on asking if you'd seen anything, or maybe you lived next to someone they are looking for. This is not an unusual procedure; the police just want to talk to potential witnesses to get more information for their case.
However, there is always the possibility that the police have fingered you as the perpetrator of a crime, rather than just a witness. In these cases, it's not always obvious that the police are after you as they may act very friendly to get you to relax and give them information.
Before you think that you'd never commit a crime and then give away information to someone in a police uniform, remember two things: You may encounter undercover officers, and you might match the description of the suspect, even if you're not the actual suspect. The wrong attitude and words could get you into a lot of trouble.
What Not to Do
When a police officer asks to speak with you, and you know you haven't done anything wrong, it can be tempting to spill out everything you know. But there are still reasons why you need to be cautious about answering or saying too much. You don't want to obstruct an investigation. But if the questioning starts to get very personal or detailed, or you know that you match the suspect's description even if you aren't the suspect, tell the police you want to have a lawyer present while you answer questions.
At this point, contact Eisenberg Law Offices to speak with a lawyer and arrange for legal representation to be present when you finally do talk to the police. Investigators do need to check out all leads, but you should not put yourself in jeopardy as a result.
This post was originally published at https://www.eisenberglaw.org/reasons-police-may-want-question-innocent-person-wisconsin/

Documenting Expenses in Personal Injury Claims

Injured in an Accident? Be sure to document your expenses

Accidents are traumatic, and insurance companies and medical professionals are trained to treat you very gently in the aftermath. However, while it is important for you to take time to recover, you or someone you trust should be careful to document all aspects of the accident, from damage to lingering medical issues. Without documentation, you could find that your accident leaves a lasting mark on not only you, but your finances.
Why You Need Documentation
Documentation is necessary to prove to both insurance companies, and possibly to a court if the case goes there, that your injuries and financial claims are as serious as you've described. If you claim that your neck has constantly hurt since a car accident, for example, but you can't produce documentation of a doctor's visit that confirmed the injury, the insurance companies involved might doubt your claim and refuse to pay.
Sample Documents
Some of the documentation that you need to gather should be obvious -- repair receipts, pictures of car damage, medical bills and records from all related visits. You should also keep receipts and document all other out-of-pocket expenses that you incur. For example, if your injuries have prevented you from driving, and you had to take a cab or ride-sharing service to your doctor, you should document those trips as your damages could include the mileage or fares. You should also keep documentation that you had to be away from work or that you used up your sick and vacation time and had to take days off unpaid.
It's best to consult a lawyer about your accident; if nothing else, you'll at least get confirmation of whether you've done all that you could do. But if there are hints the case may end up in court, or if one of the insurance companies appears to be stalling, a lawyer at Eisenberg Law Offices can represent your interests and help you get the best outcome possible.
This post was originally published at https://www.eisenberglaw.org/documenting-expenses-personal-injury-claims/

What is drug paraphernalia? What is possession of drug paraphernalia?

Charged with Possession of Drug Paraphernalia in Wisconsin?

In Wisconsin, possession of drug paraphernalia carries significant penalties. Possession can bring a fine of $500 and a jail term up to 30 days, with a drug conviction that stays on your record for years. And if you are convicted of possession of drug paraphernalia with regard to methamphetamine, you are facing felony charges with up to six years in prison and a fine up to $10,000.00.
But it may not be clear to everyone what constitutes illegal possession. You may be arrested for something innocent, or have a valid defense against the charges. An experienced lawyer can examine your case and try to identify defenses for you.
Defining Drug Paraphernalia
Drug paraphernalia, in Wisconsin, consists of anything you would use to make or use an illegal substance. a credit card or straw that you use to cut amounts of heroin or cocaine, or a spoon and a lighter used to heat heroin, could be tools that help addicts use illegal drugs.
Possession of Drug Paraphernalia
For illegal possession charges, though, it is not enough that something could be used to take illegal drugs. Rather, the person arrested has to have intent for the object to be used with drugs. The police sometimes infer intent from evidence, of course; a credit card with traces of cocaine, or a spoon with traces of heroin, may show a purpose and intent of using them as paraphernalia to use drugs. On the other hand, with a clean implement, it may be more difficult for the police to demonstrate it was used as drug paraphernalia.
The system is stacked against anyone accused of drug crimes. You need a solid legal defense ready once you have been accused. The lawyers at Eisenberg Law Offices are experienced in criminal law and ready to help defend you against charges for possession of drug paraphernalia. Don't leave your defense to just anyone; contact us today so we can get you the protection you deserve.
This post was originally published at https://www.eisenberglaw.org/drug-paraphernalia-possession-drug-paraphernalia/

Arrested on Suspicion of Domestic Battery in Wisconsin? Here's What to Do Next

What should you do if you're charged with Domestic Battery in Wisconsin?

In Wisconsin, domestic battery includes any intentional infliction of physical harm on a spouse, ex-spouse, parent, or anyone with whom you are living. And that harm can consist of any physical act, injury, sexual assault, or illness.
Wisconsin treats these allegations seriously. If you are arrested on suspicion of domestic battery, you need to proceed carefully from there. If you react rashly, you can find yourself in more trouble later than when you are first arrested.
Time of Arrest
Any time you are arrested for a crime, you have the right to an attorney before you answer questions from the police. You should of course cooperate without resisting, but you should never make a statement without an attorney there to represent you. This is particularly true when you may be feeling emotional and defensive. To protect your rights, give yourself a chance to breathe, and get a lawyer who can help you.
72-Hour No Contact Order
After you are arrested, a 72-hour no contact order may be imposed. This is intended to both protect the person accusing you and to give you both time for tensions to cool. But no contact means no contact; beyond not seeing him or her, you cannot call, email, or text. Any kind of reaching out will subject you to potential fines and jail time, even apart from the allegations of abuse itself.
Prepare Your Evidence
Anything that shows what may have led to your dispute, or shows where you were and what you were doing, can serve as evidence for your trial. Find and save any receipts, social media posts, text messages, or any other information that sheds light on you and your relationship with the person against whom you are accused of committing domestic battery. The more you can provide, the more effectively your attorney can help you.
When you are arrested on suspicion of domestic battery, you need experienced counsel in your corner. The attorneys at Eisenberg Law Offices can help you protect your rights.
This post was originally published at https://www.eisenberglaw.org/arrested-suspicion-domestic-battery-wisconsin-heres-next/

Driveway Accidents: Who's Liable When Kids Get Injured?

Backover Accidents in your Driveway - who's responsible?

Car accidents do not just occur on the highway. Unfortunately, many accidents happen in driveways--and typically include small children. Backover accidents kill thousands of small children every year in the United States, when drivers fail to see a child near a car before they start moving.
But liability can depend on a number of factors. Depending on the circumstances, the driver, the homeowner, or even the vehicle manufacturer may be liable for injuries a child suffers.
Driver Liability
The most obvious source of liability for a driveway accident lies with the driver. Anyone driving a vehicle has a duty of care to those around him or her, and when a driver strikes a child in the driveway, he or she has clearly failed to meet that duty. Further, the possibility of a child playing around the vehicle should be a known risk. When accidents occur, liability begins with the driver who hit a child.
Homeowner Liability
While the driver may be the clearest liable person, the homeowner has duties of care as well. Some homes may have dangerous conditions that contribute to the accident: obstacles that block sightlines or ice in the driveway that causes the vehicle to slide. Most homeowner's policies cover accidents that occur on the premises, and that liability coverage comes into play if the homeowner does not remedy conditions that contribute to the accident.
Vehicle Manufacturer Liability
Finally, if something goes wrong with the vehicle which contributes to the accident, the manufacturer can face liability as well. This of course depends on the circumstances; if the driver has not maintained his or her brakes, the manufacturer generally will not face liability for a brake failure. But if the vehicle is equipped with a rear camera or motion detector, and that device fails, the manufacturer may be partially liable for any accident that could have been avoided with properly-functioning equipment.
Driveway accidents can create liability from multiple sources. If your child has been injured in a driveway accident in the Madison, Wisconsin area, contact Eisenberg Law Offices for experienced representation.
This post was originally published at https://www.eisenberglaw.org/driveway-accidents-whos-liable-kids-get-injured/

Cold Weather Driving Tips

Madison Accident Attorney provides Winter Driving Tips

Winter weather brings special perils to your driving experience--in Wisconsin as much as almost anyplace else in the country. To avoid car accidents and other driving problems, make sure you are ready for everything nature throws your way. Getting yourself and your vehicle ready can save you many problems that drivers face in cold weather.
Prepare Your Vehicle
Most people know that good tires are essential for navigating the roads during a Wisconsin winter. Unfortunately, this is just one step in proper preparation. Before winter weather takes hold, you should always get a tune-up. This includes a diagnostic look at your vehicle's major systems, and can identify problems with the electrical and mechanical parts of your car.
In addition, basic maintenance matters. You need to ensure your antifreeze is fresh and full to protect your engine against the coldest temperatures. And just in case traffic crawls to a stop, make sure you have a full tank of gas every time you go out.The more you do to avoid being stranded, the better.
Drive with Care
Once you start to drive, you need to take extra precautions to avoid an accident. When snow or sleet enter the picture, you cannot drive as fast, or as close to the drivers ahead of you, as you do in warmer months, Give yourself extra time to get where you are going, so you aren't tempted to push the envelope. Even if the road does not look icy, black ice can wreak havoc. Don't assume you can stop or turn quickly.
Further, you always need to wear your seat belts, but this becomes even more critical in cold weather. No matter how many precautions you take, you cannot fully control the actions of other drivers. Take steps to protect yourself.
Winter Accidents
No matter how careful you are, there are some vehicle accidents you cannot avoid. Still, the more careful you are, the better you can protect yourself. Prepare for every time you need to drive, and make sure you pay attention to what other drivers are doing. It will help keep you and other drivers safe.
This post was originally published at https://www.eisenberglaw.org/cold-weather-driving-tips/

How Insurance Policy Limits Affect Legal Cases

How Insurance Policy Limits Affect Personal Injury Cases

People carry various types of insurance to help protect them from the financial costs of the unexpected. Auto insurance can help cover the cost of car damages and medical bills, for example. What many people don't realize is that most coverage is subject to insurance policy limits.
A policy limit is the maximum amount that an insurance company will pay out under the policy, even if the damages/costs exceed that limit. Insurance companies set policy limits to 1) limit their financial liability in the event of an incident and 2) be able to provide affordable coverage for policy owners.
How Policy Limits Can Affect A Personal Injury Case
In a personal injury case, the defendant's insurance company will pay out under the policy if the plaintiff is successful. What many people are surprised to learn is that those payouts have a cap, due to the insurance policy limits. This leads to many instances where the defendant's insurance coverage is not enough to cover the total cost of the damages suffered by the plaintiff.
Fortunately, victims do have alternative options that can help them cover the costs of damages, beyond what is provided by the defendant's insurer.
Alternatives To Explore For Help Covering Accident Damages
When medical bills and damages exceed the amount recoverable due to policy limitations, victims may be able to secure compensation by other means, such as:

• Health Insurance Coverage

Victims who have health insurance coverage can usually use it to pay for medical expenses. However, health insurance providers may require reimbursement if you are awarded damages in court.

• Medical Provider Negotiations

Victims who are facing extremely high medical bills and who have run up against policy limits may be able to negotiate a payment plan and/or discounted rates with their health insurance provider. The likelihood of this happening is enhanced when you have an attorney advocating for you.

• Underinsured or Uninsured Motorist Coverage.

Drivers who carry UM or UIM coverage through their car insurance provider may be able to recover damages against that amount if the defendant's policy limits are insufficient to cover all of your expenses.
Eisenberg Law Offices Personal Injury Attorneys Can Help You Secure Compensation After An Accident
If you have been injured in an accident of any kind, contact the personal injury attorneys at Eisenberg Law Offices in Madison for advice. We will examine your case and recommend a course of action based on the evidence and the insurance policy limits you may be facing. Together we can help you recover from the accident and get back on your feet with minimal damage to your financial situation. We have over 35 years of experience in personal injury cases and offer free, no obligation consultations to help you understand your situation and make a decision about if and when to take the case to court.
Contact Eisenberg Law Offices for a free case evaluation by calling 608-256-8356 or emailing Info@EisenbergLaw.org.
This post was originally published at https://www.eisenberglaw.org/firm-overview/articles/insurance-policy-limits-affect-legal-cases

When To Hire A Madison Family Law Attorney

When To Hire A Madison Family Law Attorney

The question of when to hire a family law attorney comes up more often than you'd expect. Many people don't realize how much an attorney can help them early on in a case and wait too long to get legal representation. Others don't realize that they are able to hire a family law attorney because there is no requirement to do so in Wisconsin. However, it's a good idea to consult an attorney any time you find yourself involved in a family law matter.
Family Law Areas Of Focus
The Eisenberg Law Offices Madison family law attorneys help clients in many different areas of their family life including: marriages, civil unions, domestic partnerships, pre-nuptial agreements, divorces, maintenance, adoptions, paternity suits, child support, child custody and placement, guardianships,  termination of parental rights, and children in need of protection and services (CHIPS) cases.

When To Hire A Family Law Attorney

If there is one piece of advice we can give, it is to hire an attorney early in the process. Although there isn’t a right or wrong time to hire a family law attorney, the earlier the attorney gets involved, the stronger he or she can make your case. Having more time to prepare is always better than having less time. You can hire an attorney at any time, both before and after you have started the family law action.
Specific situations make hiring a family law attorney especially important. These include:

• Domestic Violence Or Abuse.

Victims of domestic abuse should consult an attorney. In addition to acting a buffer between the abuser and the victim, the attorney can provide advice regarding statutory protections and can help put protective measures in place for the victim and any at-risk children.

• Contested Issues Involving Children.

Any situations involving disagreements about child custody, placement, or support should be handled by an attorney. The chances of the two parties coming to an amicable agreement on their own are slim.

• Complex Financial Issues.

If there are unique or complicated financial issues or significant assets involved, hiring an attorney will ensure a more equitable resolution. Owning a business, being self-employed, having substantial gifts, inheritances, or marital assets, and pre- or post-nuptial agreements are all examples of situations that would benefit from an attorney's guidance.

• Your Spouse Has Hired An Attorney.

Always hire an attorney to represent you if your spouse or ex has hired one. It will ensure a more level playing field and you'll have someone looking out for your best interests.
Contact a Madison family law attorney at Eisenberg Law Offices for help with domestic situations. Call 608-256-8356 or email Info@EisenbergLaw.org to schedule a free case consultation.
This post was originally published at https://www.eisenberglaw.org/hire-madison-family-law-attorney/.

Child Custody FAQs | Child Custody Questions

Child Custody Questions Answered

Child custody cases often initially create more questions than answers. Parents and guardians are eager to understand the nuances and legalities involved in such cases and how to best position themselves and protect their children’s interests as the case progresses.
The Eisenberg Law Offices family law attorneys have compiled a few of the more common questions and concerns parents have when it comes to Wisconsin custody situations. Read through the questions and answers below to get a better idea of what to expect during a custody case and then contact our team with follow-up questions.
Common Custody FAQs

1. How Long Should I Remain In The Family Home? In general, it is best to remain in the family home with the children until you have been ordered to move out. This assumes that it is safe for you and the children to remain there and that there isn't a history of domestic violence. Willingly leaving the children with your spouse and moving from the family home during a custody dispute can be interpreted as a lack of commitment to your children, which can hurt your chances of receiving the custody order you've requested.
2. Do Wisconsin Courts Prefer Mothers Over Fathers When Deciding Custody Cases? Historically, courts do seem to favor mothers over fathers when making custody and placement decisions. However, no state laws demand that mothers be favored over fathers. The situation is changing. Courts are increasingly awarding fathers more placement with their children as society demands equal consideration for both parents.
3. Are There Advantages To Joint Custody and Shared Physical Placement? There is quite a bit of research that suggests joint custody and shared physical placement has fewer negative impacts on children than sole custody with limited visitation. When children can see both parents regularly, they are better equipped to adapt to the changes divorce brings to their lives and retain a sense of family. Unless there are strong reasons for you to seek sole custody and primary placement, it is almost always better for the children if the parents agree to joint custody and shared physical placement .
4. Does The Primary Child Custodian Also Receive Maintenance? In most situations, the primary custodian will receive child support to help pay for the costs associated with raising the child. However, child support and maintenance are two different things. Maintenance is meant to help ex-spouses pay for costs not associated with the child. That means maintenance and child support cases will need to be made separately and will be awarded or denied separately.

Contact Eisenberg Law With Child Custody Questions

There are many questions that can arise in child custody cases and each case is different. If you have any questions about your child custody case or need representation, contact Eisenberg Law Offices in Madison, WI for help. We will advise you of your parental rights and ensure you and your children's best interests are well represented.
Contact Eisenberg Law Offices for a free case consultation at 608-256-8356 or by emailing Info@EisenbergLaw.org.
This post was originally published at https://www.eisenberglaw.org/firm-overview/articles/child-custody-faqs-child-custody-questions/

Navigating Hit And Run Accidents In Wisconsin

Navigating Hit And Run Accidents In Wisconsin

Any type of car accident can cause victims to feel frustrated, but hit and run accidents in Wisconsin are some of the worst at evoking feelings of helplessness and discouragement. An accident is considered to be a hit and run if the offending driver purposely leaves the scene of the incident without providing any contact information. Hit and runs can involve two moving vehicles, a moving vehicle and a stationary vehicle, or even a moving vehicle and a bicyclist or pedestrian.
Leaving the scene of hit and run accidents in Wisconsin is a criminal offense and drivers who do so can face fines and penalties even if there weren't any injuries.

An Upward Trend Of Hit And Run Accidents In Wisconsin

Hit and run accidents are on the rise in Wisconsin - and around the country. This is in marked contrast to the decline in the overall number of vehicular accidents. This upward trend may be due in part to a higher number of drivers who are not carrying insurance on their vehicles. Rather than being caught driving drunk or without insurance, they flee the scene and leave victims to deal with the situation on their own.

What To Do If You've Been Involved In A Hit And Run Accident

If you find yourself the victim of a hit and run accident take these steps:

1. Don't leave the scene. Instead, contact the police and try to gather as much information as possible. It's important to file a police report to help you during the claims process.
2. If you see the vehicle that hit you, try to identify the make, model, color, and license plate number. This can help the police locate and identify the car.
3. Talk to witnesses, if there are any. Ask for names and contact information so you or the police can get in touch with them later.
4. Take photos. Take pictures of the scene and your vehicle. Note the date, time, location, and damages sustained.

Seek Advice From A Personal Injury Attorney If You've Been Injured In An Auto Accident

Many hit and run accidents happen when no one is around to witness the accident, but sometimes a hit and run accident does lead to a personal injury, particularly for pedestrians, motorcyclists, and bicyclists. If you have been injured in a hit and run accident in Wisconsin, contact Eisenberg Law Offices in Madison for advice and representation.
We offer free case consultations and represent clients throughout Wisconsin and northern Illinois. Call 608-256-8356 or email Info@EisenbergLaw.org to learn more about our services.

This post was originally published at https://www.eisenberglaw.org/navigating-hit-run-accidents-wisconsin/.