Wrongful Death Claims | Law Firms In Madison WI

What Kind Of Damages Do Law Firms In Madison WI See Awarded In Wrongful Death Suits?

Wrongful death claims by law firms in Madison, WI are unique in that they are always made on behalf of someone else. The suits are dependent on someone's death. The premise for them is that that someone died as a direct result of someone else's negligence or through willful harm.
Wrongful death suits are brought for a variety of reasons. Sometimes, there is clear negligence on the part of the defendant and cases are brought to prevent similar tragedies from happening again. At other times, families suffer severe financial hardship as a result of the death and suits are brought in an attempt to help offset the financial struggles.

Damages Awarded In Wrongful Death Suits

Damages in wrongful death suits fall into two broad categories: Pecuniary and Punitive.

• Pecuniary damages are financial. They are an attempt to put a financial value on a person's life. These damages are awarded more frequently than punitive damages. These damages cover the financial losses brought on by the person's death. They can include much more than simply medical or funeral costs, often covering the loss of income that was provided by the deceased and emotional losses. They are commonly awarded in cases where a family member has died as a result of someone else's actions.

Pecuniary damages cover many things such as:

• The pain and suffering of the deceased prior to death and that of his/her dependents
• Medical costs
• Funeral and burial costs
• Loss of deceased's income
• Loss of inheritance
• Loss of the value of services provided by the deceased
• Loss of care, guidance, love, and companionship
• Loss of consortium

• Punitive damages are considered punishment for the defendant, not compensation for the victim's family. They are usually only awarded if the death resulted from a willful act or wrong and are intended to deter the defendant from acting in a similar manner in the future.

How Damages Are Awarded
There are many things that influence how damages are awarded. The courts look at information about the health, age, work history, and life circumstances of the deceased. Law firms in Madison, WI may present testimony from expert witnesses who provide their opinion on the needs of the deceased's dependents. All of this information is used to determine the financial worth of the deceased and award damages.

Who Can Apply For Damages?
Wrongful death claims are typically brought by close family members of the deceased such as spouses, parents, children and representatives of the deceased's estate.

Law Firms In Madison, WI Can Help You Claim Wrongful Death Damages

If you have lost a loved one due to another's negligence or actions, you may be able to bring a wrongful death claim. Contact Eisenberg Law Offices to meet with an attorney to discuss the situation in a free and confidential setting. We can help you try to make sense of the situation and explain your options to you. Free case consultations are available by calling us at 608-256-8356.

4 Questions For Car Accident Attorneys | Eisenberg Law

4 Questions To Ask Car Accident Attorneys Before Retaining Them

If you've been in a serious car accident, one of the first things you might do is speak with car accident attorneys. This is an important step, since hiring the right attorney can make all the difference in winning or losing your case. Many people start with referrals or online reviews, but don't let that be the only way you make a decision. Ideally, you will want to meet with the attorney first before hiring him or her. When you do, be sure to ask these 4 questions.

4 Questions That Can Help You Retain The Right Car Accident Attorneys

1. What kind of experience do you have with cases like mine?
   Attorneys have lots of different kinds of experience. Experience includes not just the amount of time the attorney has been practicing but also, and more importantly, the number of cases like yours that he/she has handled. A family law attorney who's been in business for 20 years won't be much help in an automobile personal injury case. They just don't have the right experience. So, even if your best friend swears up and down they know the perfect lawyer for you, if that lawyer doesn't have experience handling auto accident cases, you could be setting yourself up for failure. Say thanks but no thanks and keep looking for a lawyer who has the kind of experience you need; the closer their experience aligns with the specifics of your case, the better.

2. What are your fees?
   This is a legitimate question and one you should not hesitate to ask. You should know what hiring this attorney is going to cost you and how and when they expect to be paid. Attorneys have different fee structures and they can vary widely from one practice to another, even in the same city. Most personal injury lawyers will work on a contingency basis; they only get paid if you win your case and that payment will be a set percentage of your total award. Others will provide you with a set fee or hourly rate charges. Take advantage of free consultations to meet with different attorneys and learn about their different fee structures. Never agree to representation unless you very clearly understand the fee structure.

3. What are your impressions of my case?
   There's no way for an attorney to predict the outcome of your case (and they cannot guarantee an outcome) but it doesn't hurt to ask about their initial impression of your case. Qualified lawyers will be able to draw on their past experience with cases similar to yours to be able to discuss the strengths and weaknesses of your case. They'll also be able to tell you what to expect as far as legal proceedings and the time commitment involved in seeing a case through.

4. What is your communication style?
   You want to hire an attorney who is responsive to you. It also helps if they communicate in a style that is comfortable for you. Find out how he/she communicates with clients, how frequent the interactions are, and their communication preferences (email, phone, face to face, etc.). Make sure they either align with your expectations or you feel comfortable adjusting your expectations to their style. The biggest factor is making sure you feel confident that they will keep you apprised of what is going on with your case and get back to you in a timely manner.

Don't Forget To Question Yourself
The point of all of these questions is so you can answer the internal question, "How comfortable and confident am I with this attorney and his/her ability to handle my case?" This is the most important question because you want to hire an attorney you can trust and whom you feel will best represent you. You must be comfortable with them professionally and personally for the best success.

Contact The Car Accident Attorneys At Eisenberg Law For A Free Case Evaluation

The car accident attorneys at Eisenberg Law Offices bring over 30 years of experience in personal injury law to every case. We have extensive experience working with insurance companies to get clients the settlements they deserve so they can move on with their lives.
Contact Eisenberg Law Offices at 608-256-8356 for a free case consultation.

Tattoo Parlor Negligence | Wisconsin Personal Injury Lawyer

Consult A Wisconsin Personal Injury Lawyer If You Think A Tattoo Parlor Is Liable For Your Injuries

Tattooing has been around for a long time. Since the earliest of civilizations, tattoos have been a means for individuals and groups to express themselves or to commemorate life events. As tattoos and tattoo parlors have become more commonplace, there has been an increase in tattoo lawsuits.
The liability risks of tattoo parlors are many and varied, but only a Wisconsin personal injury lawyer can help you determine if a tattoo parlor was truly negligent and responsible for your injuries.

Negligence Must Be Proven
Pursuing a lawsuit is not as simple as claiming you've been injured. Some people try to sue tattoo parlors just because they aren't happy with the end result. Unfortunately, a lack of skill isn't a crime or negligence. Negligence is key to any liability lawsuit and it does exist in the tattooing industry. Tattoo parlors are regulated, must carry liability insurance, and usually require customers to sign a waiver before they will agree to provide the service.

Despite these protections, negligence can still occur. In order to prove liability for the injuries sustained you must be able to prove that the tattoo parlor was negligent in their duties to you.

4 elements must exist in order to prove negligence:

1. It must be established that the tattoo parlor had a duty to provide you with safe care. This includes such things as clean, maintained tools, safe, quality ink, and precautions taken by the artist to do you no harm.
2. There must be a breach of that duty to provide safe care. Perhaps the tools were not maintained or clean or the artist did not prep or care for your skin afterwards as he/she should have.
3. Causation. Something must have happened to cause the breach or injury.
4. You must have been harmed as a result of the tattoo parlor's negligence or lack of care.

If the parlor or artist fails to provide a reasonable standard of care and it results in harm to you, they can be held liable for damages.

Speak With A Wisconsin Personal Injury Lawyer At Eisenberg Law Offices

If you think you have been a victim of negligence by a tattoo artist or tattoo parlor, contact a personal injury lawyer at Eisenberg Law Offices. We have been proving personal injury representation for over 30 years. Call us at 608-256-8356 to arrange a free consultation.

Injury Lawyers Madison | Ski Resorts | Skiing Injuries

Injury Lawyers In Madison Explain When A Ski Resort May Be Liable For Injuries

Skiing is a fun pastime and a great way to stay active during our long Wisconsin winters. It's also a great way to get injured and sometimes it's through no fault of your own. Our injury lawyers in Madison review ski resort liability claims. Sometimes they have a basis in fact, sometimes they don't. Whether or not a ski resort is liable for injuries depends on how and where you were injured.

The How And Where Of Ski Resort Injuries

There are many ways and places that a skier could get injured at a ski resort.

1. At the Resort. Just like hotels and other businesses, the ski resort can be held liable for injuries that occur on the property. Ski resorts have a duty to keep the resort safe and in good condition. Basic steps like maintaining ice-free walkways, keeping equipment in good condition, and maintaining the lifts and slopes are expected of ski resorts.

2. On the Ski Lift. Ski lift accidents are extremely common and, sometimes, the resort is to blame. Some resorts require skiers to sign a waiver before using the equipment, lift, or slopes to limit their liability in case an accident occurs. But if the accident was the direct result of poor maintenance or unsafe machinery, that waiver can be tossed out by a court.

3. On the Slopes. Waivers apply on the slopes too. Skiing comes with inherent risks, but skiers also have a duty to be safe when participating. Anyone who exhibits dangerous behavior or negligence that causes another person to be injured could be held personally liable for the injury. Ski resorts have a duty to keep the slopes, trails, and runs in safe condition.

Injury Lawyers Madison Can Help You Evaluate Your Case

There are many factors that come in to play in ski resort liability situations. Get advice from the injury lawyers at Eisenberg Law Offices for help navigating a ski injury claim. Call us at 608-256-8356 to arrange a free consultation and discuss your legal options.

Wisconsin Assembly Bill 201 Demands Drivers Stop and Investigate Incidents

Governor Scott Walker signed numerous bills into law at the Wisconsin State Capital on Wednesday, March 30, 2016. Included in the bevy of laws is Assembly Bill 201, which addresses hit and run accidents throughout the state.

Assembly Bill 201 was enacted to help prevent individuals from using the excuse that they neglected to stop because they did not know what they hit in a hit-and-run incident. The bill requires that drivers involved in an accident must stop and “reasonably investigate” the scene to determine what they struck. If they driver determines that his crash resulted in injury, death, or damage to a vehicle, he must stop and offer assistance and his pertinent information. Prosecutors are no longer required to prove that the driver in a hit-and-run incident was aware that they caused injury, death, or damage to a vehicle.

This law was enacted based on a hit-and-run incident in which a 20-year-old young man was killed. The driver in the crash insisted that he believed he hit a garbage can and, as a result, did not stop to investigate or render aid. The man’s parents played a large role in the passage of the bill.

Approximately 500 individuals are killed and 40,000 injured on Wisconsin roadways each year. Victims of hit-and-run incidents, DUI accidents, and crashes due to driver distraction or other errors must not allow themselves to be victimized by insurance adjusters. Far too often, adjusters call upon injured parties shortly after accidents, offering paltry settlements that may not even cover medical bills. It is important to contact a Madison personal injury attorney soon after your accident to help you receive a fair settlement.

The experienced attorneys at the Eisenberg Law Offices work to support our clients. We offer fair valuations of cases and do not promise things we cannot deliver. We support injured parties so that they can be proactive in their recovery, both physically and financially. For more information and a free consultation, contact the Eisenberg Law Offices at 608-256-8356.

April is National Distracted Drivers Awareness Month

Thousands die each year due to distracted drivers, yet millions of Americans still drive while distracted by talking or texting on their cell phones. In Wisconsin, texting while driving is illegal, and talking on a cell phone in a construction zone is punishable with a fine. Although many individuals are aware that talking on a cell phone or texting while driving is dangerous, there are many other distractions that can occur, including:

• Smoking-related distractions (getting a cigarette out of the package, lighting the cigarette, disposing of the ashes)
• Pets or other moving objects in the vehicle (to avoid this distraction, secure all pets in a carrier, pet car seat, or crate while riding in the car)
• Using various controls in the car (GPS, cruise control, adjusting the mirrors, changing the station on the stereo)
• Adjusting heat/air conditioning
• Eating and drinking (at best, eating or drinking limits you to just one hand on the steering wheel)
• Passengers in the vehicle (talking to friends or children, handing toys or items back to children, looking in the backseat to monitor behavior, making eye contact with a passenger while talking)
• Outside events (it is critical to stay aware of your surroundings, but try to keep your vision on the road ahead of you the majority of the time – remember that rubbernecking is dangerous)
• Sleepy driving or driving while preoccupied (if you are struggling to remain focused on the road, find a safe place to pull over and rest)

The National Safety Council encourages all Americans to put aside their distractions while they drive. Distracted driving can result in accidents, injuries, and even death. And penalties for distracted driving and cell phone use, especially, continue to rise. As Madison personal injury attorneys, we have helped the victims of distracted driving. We have seen firsthand how distracted driving can cause grave injuries and can devastate families.

If you have been injured by a distracted driver, contact the Eisenberg Law Firm right away. Our experienced Wisconsin car accident attorneys will work diligently to get you the compensation you deserve.

CDC Birth Injury and Death Reports Staggering

In February, 2016, the Centers for Disease Control (CDC) released statistics on infant mortality in the United States. For every 1,000 live births, there are 5.96 deaths. Some of the causes of death represent genetic or chromosomal malformations. In these cases, nothing can be done to save the life of the infant. Still, an alarming number of deaths are associated with often preventable disorders.
The top ten causes of infant mortality are:

1. Congenital malformations and chromosomal abnormalities
2. Premature birth and/or low birth weight
3. Maternal complications during pregnancy or childbirth
4. Sudden infant death syndrome
5. Accidents
6. Complications of the placenta, umbilical cord, or membranes
7. Bacterial sepsis, or an infection of the blood
8. Respiratory distress
9. Diseases of the circulatory system
10. Neonatal hemorrhage

Thousands of families face the devastating loss of a newborn each year. Sadly, some of these deaths could have been prevented with proper care during childbirth, delivery, and the postnatal period. Complications of the placenta, umbilical cord, or membranes, for example, may be managed if caught in time. Maternal complications, too, can often be managed appropriately to avoid infant mortality.

The vast majority of obstetricians and obstetrical medical personnel are well-trained, diligent, and competent. Sometimes, however, in the rush of labor and delivery, errors occur. These errors may result in injuries such as abrasions or minor nerve damage, more significant injuries that result in cerebral palsy or disabilities due to hypoxia, or even death. When such incidents occur, medical professionals must be held accountable for their actions.

Our Madison personal injury lawyers at the Eisenberg Law Firm understand that the birth of a child should be a time of extreme joy and happiness for a family. We know from CDC statistics, however, that a number of children die or suffer injuries due to complications during and shortly after childbirth. Our team of injury lawyers in Madison, Wisconsin work diligently to determine exactly what actions (or lack thereof) led to the injuries or death of your newborn. If a medical professional is responsible, we will do everything in our power to hold them accountable for their actions. We recognize that no amount of money can ever compensate for the loss of a child or a lifetime of disabilities, but we believe that seeing justice served provides solace for many families. If you have experienced the death of a newborn and believe that medical professionals may be to blame, contact the Eisenberg Law Firm today online or at 608-256-8356.

Eisenberg Law Offices Injury Lawyers In Madison WI

Should You Have A Judge Or Jury For Your Personal Injury Trial? Injury Lawyers In Madison Weigh In

If a personal injury case goes to court, you might have your choice of the case being heard in front of a judge or jury.  Either side can request a jury.  The only way a judge will decide is if both sides agree to have the judge hear the case without a jury.  There are pros and cons to each scenario and it may require consultation with the injury lawyers at Madison's Eisenberg Law Offices to determine the best solution.

The Case For The Judge
The judge has deep knowledge of the law on his or her side. A judge will likely be better able to understand the issues at stake and won't be as easily swayed by the emotions involved in such cases. If the case is particularly complex or involves difficult legal issues, you may not want to risk going in front of a jury of 12 people who won't or might not fully understand the situation. A judge can cut through the complexity to evaluate the injustice and make a decision in cases that may be too confusing for the average layperson.

The Case For The Jury
The advantage of the jury trial is that you'll be heard by 12 persons, not just one decision-maker.  Juries may be more sympathetic than a judge but juries may also be biased against plaintiffs asking for money.  Simple, straightforward cases that can be told in compelling ways do better in front of juries.

Count On Injury Lawyers In Madison For Advice
Personal injury lawyers are your best resource for deciding between a judge and a jury trial. These professionals have spent years in front of judges and juries, arguing cases and fighting for their clients' rights. They will know which situation would work out more favorably for your specific situation.

If you are involved in a personal injury case, contact the Eisenberg Law Offices personal injury lawyers for advice and representation. We offer free consultations and represent clients in all types of personal injury cases. Call us at 608-256-8356 to arrange your consultation.