Calculating Assault Damages | Injury Lawyers Madison

Injury Lawyers In Madison Discuss: How Much Money Can I Be Awarded In A Lawsuit For Assault?

Securing monetary damages for an assault involves the civil court system. The civil courts allow victims to sue their attackers for money. How much is awarded in an assault case varies greatly from case to case and even from state to state. In Wisconsin, your best course of action if you want to try to sue an attacker for damages is to consult with injury lawyers in Madison.
Understanding Damages
Damages, or monetary awards, are allowed in personal injury cases. Damages are absolutely essential to proving an injury claim. There are different types of damages that can be awarded in assault cases:  compensatory and punitive.

• Compensatory damages are an attempt to make the victim whole or return him or her as closely as possible to where they were before the injury happened.
• Punitive damages are awarded when the attacker intentionally and maliciously causes harm and are used to deter similar conduct from happening again.

Calculating injury damages is always determined on a case-by-case method. The damages that are awarded depend on the type and severity of the injuries sustained, the circumstances surrounding the incident, any medical expenses incurred, the long-term affects on the victim's health and well being, and even time lost from work.
All of these factors must be considered to arrive at fair compensation. While the immediate medical expenses and loss of wages are simple to determine, what is not so simple to figure out are any future medical costs and the pain and suffering the victim has and will go through as a result of the assault.

Consult Injury Lawyers In Madison To Determine Damage Estimations

Injury lawyers can help you organize and present your case. These attorneys are skilled at estimating damages, gauging the likely success of a case, and understand any special state limitations or caps on damages. An experienced personal injury attorney will be your advocate and will fight for your right to be compensated for your injuries, pain, and suffering.
If you have been injured by an assault and believe you are entitled to damages, contact the personal injury attorneys at Eisenberg Law Offices at 608-256-8356 or request a consultation online.
This post was originally published at http://www.eisenberglaw.org/calculating-assault-damages-injury-lawyers-madison/

Eisenberg Law | Madison Attorneys | Disorderly Conduct

Consult Madison Attorneys To Fight Wisconsin Disorderly Conduct Charges And Penalties

Disorderly conduct is a broadly written law in Wisconsin. This means the charge can cover many behaviors, some of which surprise even seasoned Madison lawyers, and it certainly can come as a surprise to the accused.
If this sounds familiar, you'll want to speak with the Madison attorneys at Eisenberg Law Offices to defend yourself against the charges, which include fines, penalties, and jail.

Disorderly Conduct In Wisconsin

A charge of disorderly conduct can arise as the result of many actions in Wisconsin. The crime can be committed by engaging in "violent, abusive, indecent, or unreasonably loud conduct" that tends to disturb or provoke others. While many actions can fall under this definition, the one thing that unites them is the fact that they tend to upset, anger, or annoy others.
While vague and open to interpretation, charges of disorderly conduct can still have long-lasting and far-reaching consequences. Disorderly conduct is classified as a Class B misdemeanor. It is punishable by up to 90 days in jail and fines of up to $1,000.
Similar Disorderly Conduct Laws
Similar and sometimes grouped in the same category as disorderly conduct is Unlawful Assembly. Unlawful Assembly is considered an offense against the public peace. You can be charged with unlawful assembly if you are a part of a group that tried to block access to buildings, roadways, schools, property, or dwellings. Failure to disperse when requested could lead to a Class A misdemeanor, up to 9 months in jail, and fines as high as $10,000.

Contact Eisenberg Law Offices' Madison Attorneys For Disorderly Conduct Representation

To fight disorderly conduct charges, you'll need the help of our Madison attorneys. Your attorney's job will be to demonstrate to the court that your actions did not fall under the definition of disorderly conduct and therefore, you should not be convicted of disorderly conduct.
Call 608-256-8356 to speak with an attorney at Eisenberg Law Offices today. Our attorneys will review your case, tell you what to expect, and give you an honest assessment of your situation.
This post was originally published at http://www.eisenberglaw.org/eisenberg-law-madison-attorneys-disorderly-conduct/

Law Firms In Madison WI Explain Search And Seizure

Consult Law Firms In Madison, WI To Determine The Legality Of OWI Traffic Stops And Searches

One of the first questions law firms in Madison, WI will consider when a client comes to them with an OWI (operating a motor vehicle while intoxicated) traffic stop and search case is whether or not the stop and search was legal. There's no clear-cut answer as to the legality of such searches because every traffic stop is different with unique circumstances surrounding it.
OWIs Do Not Require A Search Warrant
The general public is made to understand that search warrants are required in order for police to search their property, but that protection doesn't extend to vehicular searches. In cases involving vehicles, police only need "probable cause" to conduct a search right then and there. "Probable cause" is one of those intentionally vague legal terms that necessitates that each case be examined individually to determine if the search was legal or not.
Even so, police must still have some facts or evidence upon which to base their search. Law firms in Madison, WI are in agreement: you cannot be stopped and undergo a search for no reason at all.
Examples Of Probable Cause
If you are pulled over by a police officer, he or she must have a reason for stopping you. In the case of OWI, stops are usually initiated based on police observation of your inability to drive the vehicle, a traffic or equipment violation. Probable cause in those instances are things like: swerving, weaving, erratic or dangerous driving.
Once the officer has stopped you and engaged in conversation, probable cause for a search may arise. This might include the sight or smell of alcohol or drugs, but it can even be a seemingly innocent answer to a question the officer has asked you. The most common of these questions is, "Do you know why I stopped you?" While this may sound like a reasonable way to begin a conversation, it's also a way for the officer to obtain an admission of guilt from you ("I was weaving."). Once you admit guilt in this manner, he or she has even more probable cause to search you and the car.
Searches After The Stop
If the officer has deemed that probable cause exists, it's likely that both you and the car will be searched. This is especially true if you have been arrested. If you have been arrested it is perfectly legal for the officer to conduct a search of your person. The law even considers it reasonable since doing so:

• Disarms suspects,
• Preserves evidence, and
• Ensures officer safety.

During a search officers can:

• Order you and your passengers to exit the vehicle.
• Ask for your drivers' license, vehicle registration information and proof of insurance.
• Search the vehicle in order to obtain the VIN number.
• Use a K-9 unit to sniff for any illicit substances.
• Frisk the driver and passengers for weapons under certain circumstances.
• Search the vehicle if the officer establishes probable cause that there may be illegal substances or items within it.

Protect Your Rights With Help From Law Firms In Madison, WI

Even though vehicle searches don't qualify for the same search and seizure protections as property searches, drivers still have rights and police officers must respect those rights. If you think your OWI stop and search was conducted illegally, contact the criminal defense attorneys at Eisenberg Law Offices in Madison, WI.
Call 608-256-8356 to schedule a free consultation today.
This post was originally published at http://www.eisenberglaw.org/firm-overview/articles/law-firms-madison-wi-explain-search-seizure/

Car Accident Attorneys Help With Lawsuits And Settlements

After An Accident: File An Insurance Claim Or Pursue A Lawsuit With Help From Car Accident Attorneys?

If you've been involved in a car accident you might automatically assume it's time to file an insurance claim. But that's not always the best course of action. Sometimes a lawsuit and trial will get you a better settlement than accepting the insurance settlement.
Deciding whether or not to sue someone after being in a car accident is a big decision and one that isn't entered into lightly. Consulting with the car accident attorneys at Eisenberg Law Offices in Madison is the best way to decide if suing the other driver for damages is the right course of action.
Arguments For Suing The Other Driver
The biggest reason drivers pursue lawsuits against the other driver is because they hope to obtain a higher settlement in court than what they could obtain by dealing directly with the insurance provider. Simply going through the typical insurance claim process might not result in enough compensation to cover all of your expenses, like medical bills, lost wages, pain and suffering.
It's also possible that settling with the insurance company too early in the recovery process will result in inadequate compensation for your needs. Insurance companies are businesses and business try to protect their bottom lines, often by settling early and for lower amounts than are reasonable.
In either of these cases, it might be in your best interests to take the other driver to court to attempt a more favorable settlement. Car accident attorneys are wonderful resources in these types of situations. They will look at the evidence, your injuries and damages, any medical bills you've incurred, and any lost wages or change in lifestyle that has occurred as a result of the accident. Armed with all of this information, a seasoned attorney can advise you on your best course of action: sue or file a claim.
2 Actions To Take, No Matter What
Whether you ultimately end up suing the other driver or not, you should still document everything and speak with a car accident attorney.
Insurance companies and car accident attorneys will want as much evidence as they can get in order to move forward and make decisions on your situation. Make sure you take pictures of the scene of the accident and the resulting damage, keep copies of all related bills and expenses like property damage and medical bills, and keep a running tab of any wages you're missing out on by being laid up with an injury. All of this information can be used as evidence to bolster your case and increase your settlement offer. It also provides you with some hard numbers so you can see just how much damage you've sustained and how much money you should receive.
Speaking with car accident attorneys is a good idea whether you pursue the matter in court or through an insurance claim. When a lawyer represents you, you have an expert on the law explaining the facts and advocating for you. They know what to say and how to say it, which can give you more leverage during negotiations and improve your chances of obtaining a more satisfactory settlement.
Deciding To Sue
So, do you sue or not? Start your decision-making by considering the total economic cost of the accident to you. You should be able to determine this based on the evidence you've collected and your attorney's insights. You want to recover at least this amount of money. If the insurance settlement offer is less than your total economic cost, you have a big incentive to take the other driver to court.
Car accident attorneys specialize in these types of disputes and have a clear idea of how much you could obtain by going to court. You can compare that to the settlement being offered by the insurance company and decide which route is the best course of action for you.

Eisenberg Law Offices - Car Accident Attorneys Are Here For You

The car accident attorneys at Madison's Eisenberg Law Offices are experienced attorneys who will fight hard to secure you adequate compensation for your total losses - both economic and non-economic.
Contact Eisenberg Law Offices at 608-256-8356 to schedule a free consultation.
This post was originally published at http://www.eisenberglaw.org/firm-overview/articles/car-accident-attorneys-help-lawsuits-settlements/

Checklist: What to Do if You're Pulled Over for OWI in Wisconsin

Criminal Defense Attorney Madison WI provides these tips if you are pulled over for OWI in Wisconsin

Being pulled over by police never feels comfortable. If you have been pulled over for operating a motor vehicle while intoxicated (OWI), it can be downright scary. The consequences for a conviction are severe, and can affect you for years to come. You can help yourself even before finding a criminal defense attorney Madison WI by following some basic guidelines.
1. Pull Over Carefully
You need to keep yourself calm and pull over as though this is just a routine stop. If you do not, you risk providing probable cause for the police officer to require a sobriety test, search your vehicle, or arrest you on the spot.
2. Remain Calm
Similarly, take a deep breath and relax. Sit up straight and respond to the police officer's questions respectfully. While you don't want to talk excessively, you need to answer any questions asked. Erratic behavior will only create suspicion, and potentially create probable cause. Look the officer in the eye and be polite.
3. Cooperate
While you may refuse the field sobriety test, you need to be polite and respectful in doing so. Usually, it's best to take a break or to submit if requested by police. Moreover, you may be arrested when you refuse. This can be embarrassing and frightening, but you need to cooperate with the officer arresting you. Never fight or resist the police. You will lose the battle.
4. Contact an Attorney
As soon as possible, contact a criminal defense attorney in Madison, Wisconsin. You need to understand your rights, and have someone protecting them. The consequences of an OWI conviction in Wisconsin are severe, so you need someone on your side sooner rather than later.
If you have been arrested for OWI in the Madison area, you should not leave your fate in the hands of the police or take it on yourself. Contact the professionals at Eisenberg Law Office; we have the experience and ability to protect you in an OWI case.
This post was originally published at http://www.eisenberglaw.org/checklist-pulled-over-for-owi-wisconsin/

Madison WI Attorneys - Top Causes of Personal Injury to Children

Madison WI Attorneys discuss the top causes of Personal Injury to Children

The injury of a child is a terrifying thing. Even a minor injury can seem so much worse because of the child's size and comparative fragility. Unfortunately, personal injury in children is all too common, and not just in the form of scrapes after falling off a bike. The Centers for Disease Control has statistics on the leading causes of fatal and non-fatal injuries for different age groups. For kids, the results show a high number of preventable causes.
Statistics for 2014
For children, the leading causes of unintentional non-fatal injuries were falling, being hit by something, bites and stings, overexertion, cutting, and motor vehicle accidents. Unintentional fatal injuries included motor vehicle accidents, drowning, and suffocation, among others.
Sometimes these are due to true accidents, but in all cases, the cause -- and whose responsibility it was for preventing the accident -- need to be investigated. The police need to rule out malicious intent (murder disguised as an accident is not just a mystery novel trope), but they also need to see the chain of events, and that's where Madison WI attorneys come in.
Liability and Punishment
At the heart of the matter is negligence. Was this something that could have been prevented? How easy would it have been to prevent the accident? For example, a faulty part in a car leading to the car going out of control and hitting a child could be the carmaker's fault (because of the defective part), or it could be the fault of the parents of the child (not watching the child and letting him or her run onto a busy street).
Establishing liability is crucial if the case is going to court. In the above example, you don't want to blame the driver if the car malfunctioned beyond the driver's control and the child ran out into the street at the wrong moment while the driver was using all best efforts to stop the car. On the other hand, you don't want to blame the parents if the driver was drunk and couldn't take the right actions to stop the car, instead swerving onto the family's lawn.
If your family has been unfortunately involved in an accident that resulted in injury to a child, contact Madison WI attorneys before going to court. This is a delicate situation that requires skill and tact.
This post was originally published at http://www.eisenberglaw.org/top-causes-personal-injury-children/

Criminal Lawyer Madison defines Drug Transportation

Criminal Lawyer Madison WI answers the question: What is drug transportation?

Getting involved with drugs is never a good idea to begin with, and getting involved to the point where you're delivering them is even worse. Any distribution of a drug can get you charged with possession with intent or delivery of a drug. A criminal lawyer in Madison can help you if you are charged with delivery or possession with intent to deliver a controlled substance.
Distribution and Trafficking
Distribution of drugs is what it sounds like: selling drugs you know are illegal. While some might say you could claim the drugs were yours (thus reducing the charges to mere possession), if the police think otherwise, you could face delivery charges.
Penalties vary. It's difficult to predict exactly what you'd face in court as a penalty should you be convicted because the type of drug, the amount, and the circumstances in which it was found -- not to mention the general attitudes of the particular police and judge you deal with -- can all influence the outcome of your case.
Professional Help
Attitudes toward drugs may be changing in the country, but that does not mean you'll be able to mount a self-defense based on popular opinion. You need to have a good criminal lawyer helping you navigate the courts. If you are in need of a good criminal lawyer, Madison residents can contact Eisenberg Law Office to arrange for a consultation.
This post was originally published at http://www.eisenberglaw.org/criminal-lawyer-madison-defines-drug-transportation/

4 Questions to Ask Madison Personal Injury Lawyers

Madison Personal Injury Lawyers can answer your questions

Personal injuries happen every day, in crashes on the road, in the home, and out in the community. If someone else's negligence or recklessness caused your injury, you should see a lawyer to help determine your rights. The lawyer will ask questions to help him or her understand your situation. But this is also your chance to learn. During your initial meeting, you should ask any potential Madison personal injury lawyers some basic questions.

1. How Long Have You Practiced?

A new attorney can do a good job for you. But many aspects of trying a case involve understanding the law and the court system. This puts an experienced lawyer at an advantage. You should look for legal representation from someone who can give you the benefit of his or her experience.

2. Have You Handled Cases Like Mine?

Not all experience is created equal. If you are injured in an auto accident, someone who has had twenty years drafting wills, but has tried few accident cases may not be as prepared for your case as someone who has spent ten years trying auto accident cases. Your case has specifics that will differentiate it from others, and you need Madison personal injury lawyers who can deliver what you need.

3. What Should I Expect?

Some lawyers will try to tell you the case is easy, or that you have nothing to worry about. Confidence is a good thing, but you should go in with open eyes. There are no sure things in litigation, and your Madison personal injury lawyers should never tell you otherwise. You should also have a chance to be involved in the process; your attorney should make this a dialogue rather than dismissing your questions or concerns.

4. What Strategy Do You Recommend?

Here too, you should both have a chance to be involved and get a sense that your attorney has a strong plan. Some lawyers try immediately to get a settlement on injury cases, even before they fully understand the case or your injuries. The best lawyers hold settlement as one possibility, but do not depend on it while they gather facts and prepare.
If you have been injured, Eisenberg Law Offices has the experience and expertise to represent your interests. Contact us today to find your best Madison personal injury lawyers.
This post was originally published at http://www.eisenberglaw.org/4-questions-ask-madison-personal-injury-lawyers/

How to Compare Madison Law Firms

Madison Law Firms - make your choice count

All lawyers and all law firms are not created equal. When you are injured or need criminal defense assistance, you should take the time to look at what the different Madison law firms have to offer. Your legal circumstances may differ from someone else's, so you need to make sure that you are getting not only an excellent lawyer, but the right representation for your own needs.
Practice Areas
Some firms specialize in corporate law, while others focus on personal injury or criminal defense, and others do mainly trusts and estates work. Take the time to review the websites and advertising information for different Madison law firms. A great estate lawyer will not be your best choice in a personal injury case. Before you start calling or visiting with lawyers, make sure you understand the kind of practice in which their firms engage.
Experience
A fledgling law firm isn't necessarily a bad one, and individual lawyers at a firm often start by learning from the more established members. You should learn as much as you can, though, about how many cases like yours firm members have handled, and what kinds of outcomes they have achieved. While every case is different, you want to find someone who knows how to get great results in the kind of case you have. More experience is a definite benefit; an experienced attorney knows how to handle the intricacies and nuances that trying a case brings.
Community Involvement
Some attorneys separate themselves from the community, while others embrace it. If you are looking at Madison law firms, you should look for someone who not only exists within the Madison area, but is a part of it. Involved attorneys care more about the people they represent, and the reputation their work has in the community. From a practical standpoint, they also know the courts, judges, and other lawyers who will be involved in their cases. This deeper level of understanding tends to yield benefits for the clients with whom they work.
If you are looking at Madison law firms for your personal injury or criminal defense case, Eisenberg Law Offices stands ready to provide excellent representation. We will put our experience and expertise to work to get the results you need.
This post was originally published at http://www.eisenberglaw.org/compare-madison-law-firms/

3 Ways a Wisconsin Personal Injury Lawyer Can Help After an Accident

Contact a Wisconsin Personal Injury Lawyer when you've been injured

If you have been in an accident, the world can seem like it is spinning out of control. Your car or property, your own health, and the concerns of your loved ones all shoot through your mind. And when you have attorneys sending you mail the moment after you have been injured, it can get even more confusing and frustrating. Fortunately, some people are here to help you sort it out. When you reach out to a good Wisconsin personal injury lawyer, you can start moving toward returning some order to your life.
1. Put Your Thoughts in Order
Your injury came as a result of a series of events that likely still seem like a blur. Sitting down with an experienced Wisconsin personal injury lawyer gives you a chance to talk through those events, with someone who understands what you are going through. He or she will ask you questions to guide you through it all, and start the process of helping you understand what happened, and then deal with it.
2. Understand Your Rights
Part of the process involves understanding just what rights you have. You may have been called by an insurance company offering a quick settlement, or you could be fighting your instinct that "accidents happen." If someone else's negligence or recklessness caused your injuries, you don't have to just accept the first offer or write it off as a learning experience. An attorney can help you talk through your injuries and how they are affecting you. He or she understands the law and how it applies to you and your accident, and will help you understand what options are available.
3. Help You Recover for Your Injuries
When someone else caused your accident, those rights include the right to recover damages for your injuries. You are entitled to the medical and other cost of your injuries, lost wages, and compensation for pain and suffering. Before you agree to less than you deserve, take the time to talk to an experienced Wisconsin personal injury lawyer at Eisenberg Law Offices. We can help you sort through what happened, and will work with you to get you the recovery you deserve.
This post was originally published at http://www.eisenberglaw.org/3-ways-wisconsin-personal-injury-lawyer-can-help-accident/