6 Facts About Wisconsin Personal Injury Law | Eisenberg Law

 

Personal Injury Law: 6 Fast Facts From a Wisconsin Attorney

Personal injury law centers around negligent or reckless behavior and the injuries that result from those behaviors. Unfortunately, cases are not as straightforward as many Wisconsin residents expect. Simply being injured is not enough to make a personal injury claim. To successfully settle a personal injury claim, the element of negligence must be proven and there must be a proven connection between the negligent action and the resulting injury. This is just one fact about Wisconsin personal injury law. Below, we share six more personal injury facts.

Wisconsin Personal Injury Law Facts

1. It is a Wide-Ranging Law. This field of law covers more than car and truck accidents. It also covers, slips and falls, wrongful death, traumatic brain injuries, pedestrian and bicycle accidents, and even dog bites.
2. Lawsuits are Presented in Civil Court. Personal injury cases are civil cases , not criminal ones. Cases are presented to the judge or jury who will find the defendant liable or not liable for the injuries. Your personal injury attorney will present evidence in the case. If the judge/jury believes the defendant to be more than 50% liable, they will owe you damages.
3. There is a Time Limit to File a Claim. Wisconsin has a three-year statute of limitations on personal injury cases, two years on wrongful death. In the vast majority of cases, you must file your claim within two or three years from the date of the injury in order to seek compensation for it.
4. Cases Can Take a Long Time to Resolve. If there is overwhelming evidence, a personal injury case can be resolved quickly, but this is the exception rather than the rule. Most cases span months or even years before they are resolved. In general, the more severe the injury, the longer the case will take to resolve. .
5. Every Case is Unique. One reason cases can go on for so long is because every case, every accident, every injury, and every person is unique. Your personal injury attorney will need to examine every piece of evidence in your case and examine every report, every medical diagnosis and every bill to determine your claim amount. Although this takes time, the outcome will be more likely to meet your immediate and long-term needs.
6. Legal Expertise Matters. Attorneys who specialize in personal injury law build stronger cases and secure higher compensation amounts for their clients than those who don’t have this expertise. They are familiar with the ins and outs of personal injury arguments, evidence collection, case building, and the court system. All of this works to your advantage in a claim.

Contact Eisenberg Law Offices for Personal Injury Representation in Wisconsin

Unexpected, alarming, and possibly financially devastating, a personal injury can upend your life. But recovery is possible with help from a qualified and experienced attorney. The personal injury attorneys at Eisenberg Law Offices work with victims to prove that their injuries were the result of someone else’s negligence, ascertain the cost of those injuries to the victims, and secure financial compensation to help victims recover. We file claims and manage the legal process on behalf of our clients so they can focus on recovering from their injuries.

If you have been injured and you think it was due to someone else’s negligence or reckless behavior, contact our office to arrange a free and confidential case consultation. You pay us nothing unless we win your case.  We can examine your situation, explain your options, and provide you with an honest assessment of your chances of recovering damages.

Contact Eisenberg Law Offices at 608-256-8356 or info@eisenberglaw.org to schedule your free, no-obligation consultation.

This post was originally published at https://www.eisenberglaw.org/6-facts-about-wisconsin-personal-injury-law-eisenberg-law/.

The Penalties For 5th And 6th OWI In Wisconsin

 

What to Know About the Penalties for 5^th and 6^th OWI in Wisconsin

Wisconsin has always maintained an aggressive stance against drunk driving. In 2016 and 2020, the penalties for 5^th and 6^th OWI in the state increased. Since that time, a conviction for a 4^th OWI is a felony while a conviction of 5^th or 6^th OWI carries hefty new minimum and maximum penalties.

5th and 6th OWI Is a Class G Felony

Prior to 2016, 5^th and 6^th OWI convictions were Class H felonies in Wisconsin. Today, they are Class G felonies. This new classification increased the fines and prison sentences for a conviction. The new penalties for 5^th and 6^th OWI are:

• A penalty fine ranging between $600 and $25,000.
• 18 months to ten years in prison.
• Loss of driver’s license.
• Installation of ignition interlock device (IID).

If convicted, you might have to pay fines, serve in prison, or both.

Wisconsin’s Presumptive, Two-Part Prison Sentence

The state has a presumptive prison sentence for a 5^th or 6th OWI conviction. This means that unless the court specifies otherwise, the defendant will face at least 1 year and 6 months of initial confinement in a state prison.

The state also has a two-part prison sentencing structure consisting of confinement and extended supervision through the Department of Corrections. This is similar to probation or probationary supervision. This two-part sentencing structure means that anyone convicted of 5^th or 6^th OWI will serve time in prison and have a term of extended supervision. The question is how long each portion of the sentence will last.

This is where help from a qualified OWI attorney from Eisenberg Law becomes invaluable. Some trial courts and judges are quite strict and you are all but guaranteed to be sentenced to at least18 months in prison, plus probationary supervision. Other courts and judges believe the statute provides them with the discretionary ability to issue a shorter sentence, but still prison, if it is in the best interests of the community and does not harm anyone. Your Eisenberg Law attorney will use their knowledge of Wisconsin OWI statutes and the court system to obtain the most favorable outcome for you.

Fighting 5th and 6th OWI Charges

Despite the severity of the charges, it is possible to fight the 5^th and 6^th OWI charges successfully. In some cases, Eisenberg Law Offices clients have seen their charges reduced or even dismissed. Our Madison law office specializes in building strong defenses that limit the effect an OWI conviction can have on your life.

It all starts with a free consultation. During this no-obligation meeting, we will examine your case, explain the charges against you, and discuss your options. This early intervention is crucial to building an effective defense strategy, particularly when you consider the severity of the penalties for 5^th and 6^th OWI in WI.

If you are facing an OWI, regardless of whether it is your first or your sixth offense, effective defense is possible. Contact Eisenberg Law Offices at 608-256-8356 or info@eisenberglaw.org to discuss your legal options in a free, confidential, and no-obligation consultation.

This post was originally published at https://www.eisenberglaw.org/firm-overview/articles/the-penalties-for-5th-and-6th-owi-in-wisconsin/.

Example Of Unlawful OWI Stops In Wisconsin

 

Examples of an Unlawful OWI Stop in Wisconsin

Did you know that it is possible to have undergone an unlawful OWI stop in Wisconsin? If you have been charged with OWI, you should be aware of this possibility and how it may affect your arrest.

What is an Unlawful Arrest?

Unlawful arrests happen when an officer arrests someone without having probable cause or without following Wisconsin state laws and procedures. We do see this happen from time to time with OWI cases. In those situations, the judge may dismiss the case if the defending OWI attorney can prove through due diligence that it was an unlawful arrest. Below we share three examples of an unlawful OWI stop.

3 Examples of an Unlawful OWI Stop

1. You Weren't Drunk. The legal limit for blood-alcohol concentration (BAC) levels in WI is .08%. However, if you have three prior convictions, the legal limit is .02%.  It is illegal to drive in the state with a BAC of .08% or higher. If you were stopped and charged with OWI and your BAC was less than .08%, it may be considered an unlawful stop.
2. The Sobriety Tests Were Invalid. Field sobriety tests and chemical tests are both used by law enforcement officers to determine if a driver was intoxicated or not. However, these tests must be administered in a specific manner, and you must have been read your rights, in order to be valid. If the test is declared invalid, your arrest may be invalid as well.
3. There Was No Probable Cause or Reasonable Suspicion. The U.S. Constitution protects the public from unreasonable search and seizure by government agents. As it relates to driving violations, the law enforcement officer must have had probable cause, believing the driver was intoxicated and/or had reasonable suspicion that a violation of the law was committed, in order to pull you over. If they did not have this probable cause, it may have been an unlawful stop.

Are You Facing OWI in Wisconsin? Contact Eisenberg Law For Help

If you are facing an OWI and have questions about the charges against you or wonder if you are doing all you can to present your best defense, contact Eisenberg Law Offices for a free case review. We will review the facts of your case to determine if the stop was unlawful or if you have any unexplored defense options.

Learn more about our services and how we can help you by calling 608-256-8356 or emailing info@eisenberglaw.org.

This post was originally published at https://www.eisenberglaw.org/example-of-unlawful-owi-stops-in-wisconsin/.

Wisconsin Car Crash Statute of Limitations Is Three Years

 

How Late Is Too Late To File A Car Crash Claim In Wisconsin?

There are many matters to take care of after a car crash: doctor visits, car repairs, scheduling time off from work and the list goes on. The very last thing on your mind may be filing a car accident claim. However, due to the statute of limitations in Wisconsin, you need to consider filing a claim sooner rather than later.

A Three-Year Statute of Limitations

Wisconsin has a three-year statute of limitations for car crash claims, two years if someone dies in the crash. That means you must file your claim within 3 years from the date of the accident in order to attempt to obtain compensation. If you miss this deadline, you become ineligible to file a claim or lawsuit at a later date, no matter the circumstances. If you are a minor, you have until your 19^th birthday to file a lawsuit.

This can have devastating consequences for accident victims who may discover that they have been permanently injured, require extensive medical care, or have lost their ability to do their job because of the car accident.

Meeting with a car accident attorney shortly after the event is the best way to gauge the validity of your case within the statute of limitations time frame.

How A Car Crash Attorney Helps Victims

The earlier an accident attorney becomes involved in an accident claim, the better your chances of obtaining compensation. Wisconsin injury attorneys help accident victims advance their claims in a variety of ways, such as:

• Confidential case reviews provide insight and direction for the claim from day one.
• Legal advice from the very start of the case can help you present a comprehensive claim and avoid common mistakes.
• A trusted resource to explain the claims process and guide you through it.
• A third-party to act as your representative and intermediary when dealing with insurance companies and other parties, including the court system.
• A thorough investigation into the facts and circumstances of the accident.
• A professional analysis of your injuries and the effects on your life in order to arrive at an accurate claim amount that fully compensates you for your losses.

There is no reason not to contact an Eisenberg Law accident attorney right away. Our accident attorneys work on a contingency basis, which means they do not get paid until the claim is settled and their clients do not have to pay any upfront costs to file the claim.

It would be far worse to try and manage the process yourself only to become overwhelmed with the process or, even worse, miss the statute of limitations deadline.

When Is It Too Late To Call Eisenberg Law Offices?

Eisenberg Law Offices is here to help you recover from a car crash. If it has been less than three years from the date of your accident, contact us. We may be able to help you if there is still enough time to fully investigate the accident and build the case of a strong claim.

Schedule a free and confidential case consultation at Eisenberg Law Offices by calling 608-256-8356 or emailing info@eisenberglaw.org today.

This post was originally published at https://www.eisenberglaw.org/wisconsin-car-crash-statute-of-limitations-is-three-years/.

Motor Cycle Accident Risks And Personal Injuries

 

The Top 7 Motor Cycle Accident Crash Risks

Once the snow melts, the lure of the open road hits and motorcycles start showing up on Wisconsin roads. Unfortunately, along with motorcycles come motor cycle accidents and personal injuries. Some accidents can be attributed to negligence, others occur for seemingly no reason.

Whether you drive a car, a truck, or a motorcycle, it’s important to be aware of motor cycle accident crash risks so you can drive defensively and do your best to prevent them and the personal injuries that come with such accidents.

7 Common Motor Cycle Crash Risks

Erratic and aggressive driving are obvious crash risks, but other less well-known risks can be equally as damaging to a motorcyclist if an accident occurs. Seven of the most common are:

1. Gravel and Road Hazards. Road conditions are more impactful on motorcyclists than other drivers. Gravel, uneven pavement, and road debris are much more dangerous to anyone on a motorcycle than they are to people in autos and trucks. There simply isn’t the same amount of protection. Motorcyclists can lose control easier than drivers in vehicles if the roads are gravel or slippery and may suffer serious personal injuries if debris bounces off the road and hits them. Give motorcyclists extra space in suspect road conditions.
2. Weather Conditions. Weather conditions play a role in all types of vehicle accidents, whether a motorcycle is involved or not. Even without snow or ice, wet roads can be slippery. Fog can obscure your line of sight, and puddles can hide dangers like potholes. Although you may be able to avoid serious damage or injury in a car, a motorcycle is a different story. The risk of severe personal injuries is very high in bad weather.
3. Sudden Stops. Following cars too closely is a major risk for a motor cycle accident. If the driver in front has to slam on their brakes and the motorcycle is following too closely, they risk crashing into the back of the vehicle or in some cases, getting thrown from their bike if the front wheel locks up. Drivers of cars and motorcycles should all give each other extra space when motorcycles are on the road.

3. Getting Hit From Behind. If motorcyclists are hit from behind, it can be deadly for them. There is no bumper or crumple zone to protect them, as there is in cars. Other drivers need to pay attention when driving behind a motorcycle and maintain a safe distance.
4. Head-On Collisions. Head-on collisions are particularly deadly for motorcyclists. These types of accidents usually occur at high speeds which accounts for the damage they do. Never turn in front of a motorcycle unless you are certain you have the space and time to do so safely. These vehicles travel much faster than they appear to and don’t have the same stopping ability as cars and trucks.
5. Impaired Driving. Drinking and riding is a leading cause of motor cycle accident fatalities. Drunk drivers have less control over the motorcycle, poorer judgement, and delayed responses all of which can make it harder to safely navigate road conditions and traffic, resulting in accidents and personal injuries.
6. Drivers Don’t See Motorcyclists. The biggest risk for motorcyclists comes from other drivers. So many accidents happen simply because the vehicle driver did not see the motorcycle. Motorcycles are small and they move fast. It is very easy to miss them in your mirrors even when you are paying attention. Add in distracted driving and the risk of not noticing them increases exponentially.

Safe Roads Are Everyone’s Responsibility

All drivers have a responsibility to keep Wisconsin roads safe – for cars and motorcycles. Motorcyclists can protect themselves by learning how to safely operate their bikes and by following the rules of the road and adjusting for conditions. Other drivers can do their part by being aware of their surroundings, not engaging in distracted or risky driving habits, and giving motorcycles space when they do see them.

Personal Injuries After a Motor Cycle Accident? Contact Eisenberg Law Offices

If you have been injured after a motor cycle accident and need help filing your claim or are wondering if someone else’s negligence is responsible for your personal injuries, contact Eisenberg Law Offices in Madison for help. We help motorcyclists file and settle personal injury claims throughout the state.

Schedule a free case consultation by calling 608-256-8356 or emailing info@eisenberglaw.org.

This post was originally published at https://www.eisenberglaw.org/firm-overview/articles/motor-cycle-accident-risks-and-personal-injuries/.

Ignition Interlock Device | OWI in Wisconsin

 

Fast Facts About Ignition Interlock Devices in Wisconsin

OWI convictions are costly. If convicted, you will pay fines and face penalties. One of the penalties is to install an ignition interlock device (IID) on every vehicle owned by or registered to you.

In this post, we cover four common questions about IIDs in Wisconsin.

4 Questions About IIDs in Wisconsin, Answered

• 1: What Is an Ignition Interlock Device? An ignition interlock device measures your breath-alcohol concentration and locks the vehicle’s starting mechanism if the concentration is too high. IIDs are required as a condition that allows you to keep your license after an OWI conviction. The IID effectively operates as a “breathalyzer” for the vehicle.
• 2: When is an IID Required? IIDs are required to be installed for a minimum of one full year from the time of conviction and/or reinstatement of driving privileges. Wisconsin judges order the installation of ignition interlock devices for:

• ALL repeat offenders.
• ALL first-time offenders with a BAC of 0.15 percent or higher.
• ALL drivers who refuse to provide a breath or blood sample for a chemical test at a traffic stop.

• 3: How Much Does it Cost to Install an Ignition Interlock Device? It is up to you to bear the cost of installing the devices on your vehicles. Prices vary by model and are influenced by the make and model of the vehicle they are installed in. Average installation costs in Wisconsin are $100. However, the devices have monthly fees and require bi-monthly calibration, both of which are added expenses. In general, it costs approximately $1,000 to maintain the IID for a year in one vehicle. When it comes time to remove the device, there is an additional charge associated with that. The state does offer assistance for people experiencing financial hardship.

• 4: Where Do I Get an IID? You will need to find an IID service center to obtain the device. Ignition interlock devices are leased from the service center provider. The lease agreement typically includes installation, monthly service, and removal costs. Any additional costs such as calibration or resetting the device after a violation are assessed separately.

Learn more about IIDs and where to find an installer, here.

Retain Driving Privileges After OWI With Help From Eisenberg Law Offices

If you are facing an OWI, don’t face the charges alone. Besides the legal repercussions, a conviction is expensive. The team at Eisenberg Law Offices is available to help you fight the charges against you and minimize the legal fallout.

Contact our Madison law office for a free consultation where we can discuss your particular situation in detail and advise you of your options. Call 608-256-8356 or email info@eisenberglaw.org to get started.

This post was originally published at https://www.eisenberglaw.org/ignition-interlock-device-owi-in-wisconsin/.

Q And A With A Wisconsin Car Accident Lawyer

 

Questions And Answers From a Car Accident Lawyer

Hiring a Wisconsin car accident lawyer can be a daunting thought, but it is a smart move that will only help you. If you have been involved in a car accident and suffered injuries of any kind, an attorney can make sure you are treated fairly, that your claim is handled in a timely manner, and that you receive the full claim amount to which you are entitled.

The most important service an accident attorney provides is to deliver peace of mind. Hiring an experienced attorney to manage your claim means you can focus on recovering from your injuries while they handle the intricacies of the claim.

Q&A With A Car Accident Lawyer

• What is the first thing an accident victim should do after a car accident?

If you have been in an accident, always get medical attention right away, even if you feel fine. After an accident, adrenaline is high and you may not feel injured until later. Car accident injuries are also insidious. They may not show up immediately and it can take weeks or months before you put two and two together that what you are feeling today may be connected to a fender bender you had 3 weeks ago. A medical exam shortly after the accident can help identify any of these hidden injuries. Plus, you will be better able to get the care you need if and when pain does rear its ugly head.

We also always advise accident victims to get pictures of the damage to their vehicle and to preserve any evidence they have such as medical reports and bills. Keeping notes or journaling about your recovery process can help document the changes the injury has had on your life and be used to build an injury case.

• How long does it take to settle cases?

How it takes to settle a case is variable. Accident cases depend on several factors, including the type of injuries you have suffered. You may receive an early settlement offer from the insurance company but be forewarned that these offers may be inadequate for your recovery needs. We always advise clients to speak with a Wisconsin accident lawyer before accepting any such offer. We conduct a thorough analysis of your needs to determine the most appropriate claim amount and will advocate for you to receive the full amount you are due.

• Can I get compensated for my injuries?

Yes. Most people know they can be compensated for any necessary repairs to their vehicle after an accident, but compensation for your injuries is also possible and is a primary consideration in car accident cases. You can obtain compensation to pay for medical bills, lost wages, and property damage, and you can also obtain compensation for pain and suffering and emotional distress.

• When should I file a personal injury claim?

Wisconsin has a 3-year statute of limitations on personal injury claims, including car accidents. The statute of limitations is two years for wrongful death actions.  This means that you must file a personal injury claim within 3 years from the date of the accident to obtain compensation. If you try to file after this time, your case will be dismissed and you will have lost any chance of obtaining compensation for your injuries.

Contact Eisenberg Law Offices For Help With Your Claim

Meet with a Wisconsin car accident lawyer at Eisenberg Law Offices for help filing a car accident claim. We will guide you through the legal process, negotiate with insurance providers, and advocate for you to receive the full claim amount which you are due. 

Arrange a free consultation by calling 608-256-8356 or emailing info@eisenberglaw.org.

This post was originally published at https://www.eisenberglaw.org/q-and-a-with-a-wisconsin-car-accident-lawyer/.