You Can Get out of OWI Charges, and Here's How

The phrase used in Wisconsin for driving under the influence of a substance is Operating While Intoxicated (OWI), and it's a serious charge that could end your driving days, at least for a while. For the most part, challenging OWI charges involves trying to get a more lenient sentence. Yet it is possible to have the Wisconsin OWI charges dismissed entirely through a few strategies.
Audio and Video Recordings Show What Happened
Did the officer who arrested you say you were slurring your words and acting belligerent? Was there a body cam video that showed you were able to speak clearly and that you cooperated with the officer? Any sort of evidence that shows that the officer's report was not accurate can help exonerate you. It may not be the only piece of evidence needed, but it plays a big role, especially when the video and audio are very clear.
How Accurate Is the Police Report?
In addition to directly contradicting the officer's claims through recordings, you could be able to point out parts of the report that are inconsistent. Was the location correct? Did the officer note your correct car model and license plate? What other problems can you find with the report that you can prove are inaccurate? If the report is not completely truthful, that's a point in your favor because it shows the charges may be based on a false arrest.
Suppressing Evidence Through the Court
Normally, suppressing evidence is difficult. But you can legally do it by having your lawyer file something called a motion to suppress evidence. If granted by a judge, this basically marks evidence as inadmissible due to a problem, such as illegal search or illegal arrest. If you can show that the report was not accurate and that your behavior was not as bad as the officer claimed it was, you might convince a court to find that the evidence is inadmissible.
Don't face OWI charges alone. Contact an experienced OWI lawyer at Eisenberg Law Offices to start working on your case.
This post was originally published at
https://www.eisenberglaw.org/you-can-get-out-of-owi-charges-and-heres-how/

If You've Been in a Bike Accident, You Need Legal Advice Now

A bike is a lightweight vehicle compared to cars, and if you've been in an accident while on your bike, you might think that the resulting insurance claim would be easy to resolve. That is not always the case when bikes are involved in accidents. In most cases, you will need legal help, and anyone involved in an accident while on a bike, even if the claim and their recovery seem to be going well, should seek legal advice. This ensures that you're really getting the right amount of compensation.
People Don't Always Follow Laws
Wisconsin has done a fair amount to warn drivers to stay away from bicycles and to look before opening car doors, even passing a law that would fine drivers who "doored" bikes, or who opened car doors right into the path of an oncoming cyclist. However, people don't always follow those laws, and it's still very common for bikes to be "doored." Cars also run red lights, other bicyclists may not be paying attention, and pedestrians can appear out of nowhere, giving you little time to stop.
If you've been in a bike accident, you should remain on the scene and trade information, take pictures, and notify the police. Wait for the police to come out and make a report, and ask for medical attention if you need it. Should the other party flee and turn the accident into a hit and run, you should try to get contact information from witnesses.
Don't try to navigate this on your own. Contact Eisenberg Law Offices and speak to a lawyer who can help you. Bike accidents are a world apart from your typical car accident, and you need to be sure you're covering all your bases.
This post was originally published at
https://www.eisenberglaw.org/if-youve-been-in-a-bike-accident-you-need-legal-advice-now/

Defending Against a White Collar Crime Investigation

Many crime investigations are obvious. A robbery, assault, or other criminal act leaves little doubt as to why police officers are looking into people around the scene. The questions will be clear and the reasons for them clearer.
With white collar crime, though, you may not know. You get a call from an investigator about purchases or other transactions, and it may seem like you are just talking about ordinary business dealings. Invariably, though, this is part of a criminal investigation into you or your business.
Potential White Collar Crimes
Often, investigations into financial transactions surround allegations of fraud, embezzlement, or money laundering. All of these involve sending or receiving money for something other than a fair exchange, and often to either steal or cover up an illegal transaction.
The penalties for this kind of criminal activity can be severe. The company can face fines, lost business licenses, and a host of other sanctions that can create problems for years to come. Individuals can face fines and prison time. Accordingly, you need to take any investigation into your financial dealings seriously.
Protecting Yourself and Your Company
When you get the call from an investigator, you may not know whether this is about you personally, the organization, or both. The person calling may threaten you if you don't cooperate, or try to offer you a deal to turn over whatever information they want to see. It can even seem like your only option is to do what you are told.
Before you talk to an investigator or turn anything over, know that you have a right to talk to an attorney. You do not have to give any information without doing so, particularly if that information may be incriminating.
When you receive a call from investigators regarding a White Collar criminal investigation, you should reach out to an attorney before you provide any information. Do not refuse to cooperate, but let them know you need to speak to counsel before you talk to them. Eisenberg Law Offices has experienced white collar defense counsel who can help you protect your rights.
This post was originally published at
https://www.eisenberglaw.org/defending-against-a-white-collar-crime-investigation/

When Is a Resort Responsible for Your Injuries?

People flock to resorts for vacation time every year.  You look forward to relaxing and enjoying golf, spa days, or whatever else is available. Unfortunately, accidents at these locations happen all too often. If you are injured in an accident at a resort, you may have a right to sue for damages.

Common Injuries at Resorts

Slip and fall or trip and fall accidents occur every day. A resort may have loose mats, wet or worn surfaces, or uneven ground. Any of these can create hazards. In addition, old equipment or even unsafe furniture can cause problems for you.
If something breaks or trips you, you can suffer significant head, neck, muscle, or bone injuries. Falls may seem innocuous enough, but falling the wrong way can lead to medical costs, recovery time, and sometimes even permanent injuries.

When Is a Resort Liable?

A resort owes you a duty to keep its premises safe. Its management knows guests will be using the grounds, and has a duty both to be aware of the conditions there and to maintain the property in a way that is safe for you and others. Failure to do so is negligence.
If a resort does not properly maintain its property, and you are injured as a result of that failure, you can sue for damages. This can include medical costs for your injuries, lost wages, loss of enjoyment or affection, pain and suffering, and other kinds of losses you suffer as a result.
The resort will likely defend itself against a lawsuit, and has lawyers on call to help it do so. It may offer a settlement to compensate you, but that settlement is designed first to protect the resort itself. While you may be tempted to take the offer for quick compensation, you will probably miss out on recovering damages owed to you. If you are injured at a resort due to its negligence, contact Eisenberg Law Offices to learn how we can help.
This post was originally published at
https://www.eisenberglaw.org/when-is-a-resort-responsible-for-your-injuries/

Hiring a Motorcycle Accident Lawyer in Madison, Wisconsin

Driving a motorcycle in Wisconsin can provide an exhilarating experience. Riders love the rush of air on the open roads, and the sense of freedom riding provides. Still, riding can create much greater risks of injury than you have driving a car. If you are injured in a motorcycle accident, you will need a good Wisconsin Motorcycle Accident lawyer to help get you the compensation you deserve.
Motorcycle Injuries and Liability
Because a motorcycle does not provide the structural protection you get from a car, a crash on a motorcycle leaves you more likely to be injured. Further, the injuries you suffer are usually more severe. A crash can leave you exposed to cuts, broken bones, and injuries to your head and neck.
If another driver's negligent driving causes your injuries, you may have a right to compensation. You will need to show that the other driver was not only at fault, but more at fault than you for the accident.
Insurance Disputes
Most of the time, a liability policy for the other driver will pay for damages to your motorcycle, as well as medical costs you incur. All drivers in Wisconsin are required to carry liability insurance, specifically so you can be compensated in an accident. The insurance requirement is meant to make compensation for accidents relatively quick and smooth.
Before you accept a settlement, though, you should meet with an attorney to discuss your case. Insurance companies often offer quick settlements that cover some, but not all, of the damages you suffer. They may take into account your immediate injuries and damage to your motorcycle, but not include other damages like lost wages, the value of what you do at home, or other losses you suffer. The greater your injuries, the less likely an insurance settlement will be enough to compensate you for all of the damages you suffer. The attorneys at Eisenberg Law Offices can protect your right to full compensation for your injuries.
This post was originally published at https://www.eisenberglaw.org/hiring-a-motorcycle-accident-lawyer-in-madison-wisconsin/(opens in a new tab)

Can I File a Wrongful Death Claim for My Loved One?

After you lose a loved one, you need time to grieve and manage the changes in your life. If your loss comes from someone else's negligent or intentional act, you may have a right to sue for wrongful death. An experienced Madison attorney can help you understand your rights in a Wisconsin wrongful death action.
Basis for the Claim
Before you can file a wrongful death claim, your loved one has to die due to someone's negligence or intentional behavior. Further, it has to be someone who owed a duty of care to your loved one. This duty is not necessarily specific to the person who passed. It can include a duty to maintain property, to drive responsibly, or take safety precautions at a work site.
Importantly, in Wisconsin an award can be offset by contributory negligence. If a jury finds the person who died was more than 50% responsible for an accident, you will not be awarded damages in the case.
Whom Do You Sue?
Depending on how the death occurs, you may be able to sue an individual, a company, or sometimes even a government agency. It comes down to who owed a duty and failed to fulfill that duty. Your attorney will listen to your story and learn what happened and how, and will help you identify which party or parties to sue in your wrongful death action.
Who Can File?
In Wisconsin, generally immediate family members or partners of the deceased can file a wrongful death action. You can recover for losses such as medical costs, funeral costs, and the loss of support for a minor child or spouse. In addition, you can recover for the value of services the person used to perform, lost love and companionship, and loss of consortium.
If you have lost a loved one due to someone else's negligence or intentional act, you can file a wrongful death action. Contact Eisenberg Law Offices today for help with your claim.
This post was originally published at
https://www.eisenberglaw.org/can-i-file-a-wrongful-death-claim-for-my-loved-one/

When The One Facing Domestic Abuse Charges Is The Victim

April is Sexual Assault Awareness Month, bringing to light and raising awareness of sexual violence against both women and men. Raising awareness and broaching discussions about the issue is the best way to help individuals and couples understand what a healthy relationship looks like and what actions could be seen as red flags.
How the Accused Could be a Victim
Although most of our awareness and discussions about sexual violence focus on the victim, the accused may be a victim as well. Our criminal defense attorneys have found themselves involved in situations where a person is facing sexual or domestic abuse charges as an act of revenge or as a way to personally harm the accused, not because a sexual assault actually occurred. This is a dangerous game to play since such charges can affect a person's reputation and livelihood and a conviction will follow them for the rest of their life, in many cases even dictating where they can live and work.
These are just a few of the reasons that we want to remind others that allegations of assault and abuse are very serious charges – for both the victim and the accused. There are two sides to every story.  Fortunately, our legal system is set up to allow both sides to share their side of the story.

We Help Fight Domestic Abuse Charges

Anyone who has been accused of sexual assault or physical abuse or is facing charges should consult a criminal defense attorney immediately. This is not the time to leave the issue up to chance. There is very little room for error in such cases since the repercussions are so devastating and long-lasting. If you have been accused, you have the right to a fair trial, which will give you a chance to provide evidence and share your side of the story and ensure your rights are protected throughout the entire ordeal.
Even if the allegations are true, representation by a skilled criminal defense attorney can yield a better outcome for you such as reduced charges or a plea deal. An outright dismissal is even possible if no evidence is found to support your accusers' claims.
To learn more about fighting domestic abuse charges in Wisconsin, contact Eisenberg Law Offices in Madison. We will listen to your side of the story, review the evidence against you, and advocate on your behalf to achieve the best possible outcome. We offer free, confidential consultations and represent clients throughout Wisconsin.
Call Eisenberg Law Offices today at 608-256-8356 or email Info@eisenberglaw.org to schedule.
This post was originally published at
https://www.eisenberglaw.org/when-the-one-facing-domestic-abuse-charges-is-the-victim/

5 Ways To Support Your Wisconsin Personal Injury Claim

When a person is injured due to what they believe was someone else's actions, they have the right to file a personal injury claim. Our Madison, WI attorneys often see personal injury lawsuits arise out of car accidents and slip and fall cases, but they can also arise from incidents like dog bites, boating or swimming pool accidents, nursing home abuse and even medical negligence. Filing a lawsuit after you've been injured because of the actions or inactions of another party isn't inappropriate or mean; sometimes it's the only way to secure the financial compensation you need to move forward with your life.
A personal injury claim can help victims obtain compensation for medical expenses, lost wages, and pain and suffering.  Even though fault for the injury seems obvious to you, the legal system may not see it that way. Even with representation by our team of Madison, WI personal injury attorneys, there are several ways victims can help build their case.
Five Ways To Support A Personal Injury Case

• Obtain Medical Treatment. Always seek medical care after an accident or injury if you have any pain at all.  This will help establish a link between the accident and the injuries and will document the extent of the injuries, which may be questioned by insurance companies.

• Take Pictures. A picture is still worth a thousand words. Take photos of the accident scene and  your injuries, like bruises and cuts, to provide visible proof of the setting and aftermath. Try to obtain photos from different angles and make sure the images are time- and date-stamped.

• Keep Physical Evidence. Physical evidence can help prove what occurred, so you'll want to keep it as is until your attorney advises otherwise. In some cases this may mean holding off on car repairs or retaining soiled or bloody clothing until your attorney has reviewed the damage.

• Gather Data. Collect data and contact information from the other parties and witnesses to the accident. You'll also want to request a copy of the police report and keep a file of your medical reports, tests, prescription records, and bills, as well as employment records that show time off after the accident.

• Keep Quiet. One thing you do not want to do after the accident is talk about it. Do not discuss your case in public or on social media as anything you say can and will be used by insurance companies to try and deny or lessen your claim. Don't share photos of yourself working out if you're in the middle of a case in which you are claiming to be too injured to work. And, don’t lie about your injuries. 

The Strongest Action You Can Take
The strongest action you can take to build your personal injury case is to contact the personal injury lawyers at Eisenberg Law Offices in Madison, WI. Do this as soon as possible after the accident so we can help collect and preserve evidence and start building your case immediately.
If you think you have a personal injury claim, contact Eisenberg Law Offices today at 608-256-8356 or at Info@eisenberglaw.org to arrange a free, confidential consultation.
This post was originally published at https://www.eisenberglaw.org/5-ways-to-support-your-wisconsin-personal-injury-claim/

Wisconsin Car Accident Attorney | After a Car Accident

What To Do After A Car Accident, An Attorney's Advice

No one plans or expects to be involved in a car accident. They happen very quickly, are surprising, and can be extremely traumatizing for both those involved and for witnesses. After a car accident, you may experience a range of emotions from shock and confusion to anger or despair. It's very easy during this time to make poor decisions as a result of not thinking clearly due to the stress of the situation.
You should know, however, that Wisconsin has strict laws regarding what to do after a car accident. Failure to follow the law can make the situation worse and lead to charges and fines. A car accident attorney will always advise you to be aware of the law and follow it to the letter to avoid putting yourself in a worse situation.

What To Do After A Car Accident In Wisconsin

Wisconsin law is very clear about what is expected of anyone involved in a car accident. The most important thing to remember is to stay at the scene. You and anyone involved in the accident should remain at the scene until law enforcement arrives. Leaving before the police arrive to take a report can be considered a hit-and-run, which can lead to hit-and-run charges, fines, and even jail time.
While waiting for officers to arrive, you can help anyone who needs it, call 911, and share contact and insurance information with other drivers. Be sure to write down car makes and models and VINs as well. This is also a good time to take pictures of the scene and the damages sustained to the cars or property involved in the accident.
Witnesses are not immune from these requirements. If you witness an accident you should remain on the scene as well, offer help as best you can, call 911, and help those who were involved in the accident.
Determining Fault
Wisconsin is not a "No-Fault" state. That means that someone will have to be determined to be at fault for the accident. Whoever is at fault is the one who will pay for the damages and expenses related to the accident. This payment is handled through the at-fault driver's auto insurer.
To determine fault, officers and insurance companies will look at the evidence and talk to the witnesses.  You can help support your case by taking pictures, collecting witness statements, and going to see your doctor. Many people skip seeing their doctor because they "feel fine" after the accident. This is a mistake. Many auto accident injuries are soft tissue injuries or even musculoskeletal injuries that aren’t readily apparent. That, plus the adrenaline that spikes after an accident, can make you feel okay, even if you really do have an injury.
Seeing a doctor shortly after the accident serves two purposes:

1. It can catch hidden injuries before they have a chance to get worse, and
2. It provides evidence of your injuries in case they are ever called into question by the insurance company.

Pictures, statements, and medical records all play a crucial role in personal injury car accident cases because they help prove the extent of the damages and injuries, which helps insurance adjusters and juries, if it gets to that point, determine fair payouts.
The Rideshare Question
The increase in the number of rideshare programs raises some complications if they are involved in an accident. Rideshare drivers are considered independent contractors and must carry two different types of insurance. This can affect passenger claims if the rideshare vehicle is involved in an accident. If you are involved in an accident with a rideshare vehicle, either as a passenger or as another driver, follow the same general recommendations as above and contact a car accident attorney right away to establish solid footing for the claim.

Contact A Car Accident Attorney At Eisenberg Law After An Accident

If you have been injured or your vehicle or property has sustained damages in a car accident, contact the team at Eisenberg Law Offices In Madison, Wisconsin. We can help you navigate the claims process, prove your case to establish fault or avoid fault, or advise you on your right to pursue compensation.
Call us at 608-256-8356 or email Info@eisenberglaw.org to schedule a free, confidential consultation.
Originally published at https://www.eisenberglaw.org/firm-overview/articles/wisconsin-car-accident-attorney-after-a-car-accident/