Fight Dog Bite Injury Claims

Do 'Beware Of Dog' Signs Legally Protect Dog Owners From Dog Bite Injury Lawsuits?

Dog owners can be understandably concerned about the potential for their pet to injure someone on their property. It's one reason owners post "Beware of Dog" signs on their property. But how much legal protection do such signs provide?
Posted Signs May Work For Or Against You
As with any personal injury lawsuit, a dog bite injury case is specific to the circumstances surrounding it.
Here's A Look At How The Sign Can Work Both Ways:

1. The Sign Works In Favor Of The Dog Owner. Posting the sign in a visible location can work in the owner's favor by showing that the victim knew there was a risk and voluntarily assumed it by getting close to the animal. A common defense in dog bite situations is that the sign was placed as a warning to prevent an attack from occurring in the first place, if the victim ignored that warning, he or she should be held responsible for the damages or injuries incurred.

2. The Sign Works Against The Dog Owner. On the other hand, posting a sign may suggest the owner knew about the danger their dog presented. Plaintiffs can then try to use the sign as evidence that the owner was aware of their dog's vicious propensities. This argument is particularly compelling if the dog has previously attacked someone.

Dog Owners Face Strict Liability In Wisconsin

In Wisconsin, dog owners are held strictly liable for damages resulting from a dog bite injury or attack. Owners must pay for damages incurred by a person that is bit by their dog.  Damage are doubled if the owner "was notified or knew that the dog previously caused injury to a person.”
The strict liability test is very difficult to get around if you're an owner. Strict liability means that the owner could be held liable for the injuries regardless of whether or not he or she actually did anything wrong or knew the dog was a danger. The law covers any injury caused by a dog.  It doesn’t have to be a bite.

Law Firms In Madison, WI Can Help Assess A Dog Bite Case

If you have been involved in a dog bite case, as a victim, consult law firms in Madison, WI for advice. A personal injury attorney can assess your situation and explain your legal options. Be aware that there is a statute of limitations for dog bite injuries in Wisconsin. You only have 3 years from the time of the bite to bring a lawsuit, so if you want to pursue a case, do it before time runs out.
Contact the personal injury attorneys at Eisenberg Law Offices at 608-256-8356 to schedule a free consultation today.
This article was originally published at http://www.eisenberglaw.org/firm-overview/articles/fight-dog-bite-injury-claims/

Eisenberg Law Offices Criminal Defense Lawyer For Forgery

Fight Forgery Charges With Help From A Criminal Defense Lawyer

Forgery is a felony in all 50 states and at the federal level as well. Although considered a "white collar crime", forgery is a serious offense that may involve any of the following: making, altering, using, or possessing false writing in order to commit a fraud. We often think of forgery as signing another person's name on a check, but it also includes things like using another’s credit card, creating counterfeit money, or even writing a bad check.
For a society like ours that relies on the use and exchange of trustworthy documents, forgery is a serious crime. It affects businesses, individuals, and government agencies. It's because of the far-reaching consequences of forgery that it is so severely punished across the entire country.
Definition Of Forgery
Forgery is defined in several ways under the Wisconsin State Statutes. The statute covers written and oral falsities with the key qualifying criteria being "intent to defraud" another person or entity.

Forgery Charges And Penalties

Forgery can be charged as a misdemeanor or a felony, depending on the situation and the amount of money involved. Penalties range from 9 months in jail and a $10,000 fine for misdemeanors to 6 years in prison and a $10,000 fine for felonies. Even people who don't actually alter the item, but who try to use it can be charged and convicted of forgery.
Proving Forgery
Prosecutors must prove several facts in order to get a forgery conviction. They must prove that the person or persons: made, altered, used, or possessed a false writing in an effort to defraud. Let's break that down:

1. Made, Altered, Used, Or Possessed. This is the first element of forgery. It's more all encompassing than what we typically think of as forgery, which is often just making false writings. Altering documents can misrepresent the person whose name was used and altering the documents can affect the legality of them - both of which have serious consequences. Using or possessing forged documents is illegal for obvious reasons.

2. A False Writing. It's important to note that not all writings will meet the definition of forgery. To be considered a forged document, the writing must have legal significance and be false. To have legal significance the item must affect legal rights and/or obligations. So while signing a doctor's name on a prescription would be considered forgery, signing a friends' name on a letter likely would not.

The writing must also be false. It must be made up or altered so that the changes represent something the writing actually isn't.

3. In An Effort To Defraud. The final piece of the puzzle is the intent or effort to defraud another person or entity. This qualification actually helps to protect people who unknowingly pass forged items or documents from liability. Without intent, there can be no conviction.

A Criminal Defense Lawyer At Eisenberg Law Offices Can Help You Fight Forgery Charges

Being charged with forgery is a very serious situation that requires the assistance of a criminal defense lawyer. Even if you have not been charged but are concerned how forgery laws affect the situation you find yourself in, consultation with a criminal defense lawyer is a smart move. Our attorneys will evaluate your situation and give you advice for moving forward.
Call Eisenberg Law Offices at 608-256-8356 to schedule a free consultation.
This article was originally published at http://www.eisenberglaw.org/firm-overview/articles/eisenberg-law-offices-criminal-defense-lawyer-forgery/

What is “drug paraphernalia”? What is “possession of drug paraphernalia”?

Charged with Possession of Drug Paraphernalia in Wisconsin?

In Wisconsin, drug paraphernalia can include anything that you could use to grow, cultivate, or use illegal drugs. It can include pipes, needles, scales, and razors, among other items. The statute does not define clearly what constitutes paraphernalia. A wide range of objects can be deemed to be drug paraphernalia. On the other hand, the statute requires that, to be guilty of possession of paraphernalia, you must have some intent to use the device for illicit purposes. If you have been charged with possession of drug paraphernalia, a Criminal Attorney in Madison WI to discuss your case.

Understanding the Statute
The statute outlawing possession of drug paraphernalia states that any possession with intent to use an item to ingest controlled substances is illegal. This can include razors, credit cards, or virtually any hollowed out object that allows for drug use. Because of the breadth of what can qualify, this charge usually comes with a charge for possession or use of the drug itself.
The primary requirement in the statute is intent. The circumstances and surrounding evidence make a difference in whether intent can be inferred. A credit card next to a baggie of cocaine, for instance, provides a greater likelihood of a finding of intent than a credit card in your wallet in another room.
Possession Charges Outside of Direct Use
You do not have to be using drugs directly to be arrested for possession of drug paraphernalia. If you have items on hand to help grow, manufacture, or ingest a controlled substance, that can be enough to trigger the statute as well. Thus, evidence that you are growing marijuana or manufacturing crystal meth, for example, can bring attendant items under the statute.
If you are charged with possession of drug paraphernalia, it can carry significant consequences in addition to any other drug charges you face. You need strong legal representation to help defend yourself. Eisenberg Law Offices can help protect you.
This post was originally published at http://www.eisenberglaw.org/possession-drug-paraphernalia/

What Is a Preliminary Hearing?

Your right to a Preliminary Hearing in Wisconsin

The state of Wisconsin offers those charged with a felony the right to a preliminary hearing, also called a prelim or preliminary examination. This portion of the court case happens early, within 10 to 20 days of the defendant's first appearance in front of the judge, depending on whether the defendant is in custody or not. What happens during a prelim is often a source of confusion for people who haven't been through it before. The criminal lawyers at Eisenberg Law Offices can walk you through the process and let you know what to expect.

Gatekeeping
In a way, the prelim is a gatekeeping function performed by the court. This is the time for the court to see if the case in question has enough evidence to actually go to trial. If the case is approved for trial, it's said to be bound over for trial.
Anyone involved in a felony case should be aware that hearsay is allowed during the preliminary hearing.
What Happens in a Prelim?
As mentioned, the state will provide some evidence, possibly including brief testimony from a witness, often a police officer. The defense has a chance to cross-examine the witness as well.
You too can have witnesses testify for you at a prelim, but again, now that hearsay is allowed, any defense testimony would come down to we-said-they-said. And if that happens, the court generally has to send the case to trial. Note that credibility of witnesses is not something that's considered at a prelim.
Additional Steps
After a prelim that results in being bound over for trial, there is an arraignment. This gives the state a chance to modify charges, and it gives the court a chance to ensure the defendant knows the exact charges against him or her. The arraignment is the point at which a plea, such as not guilty, is entered with the court.
This is a simplified look at preliminary hearings; in practice they contain a great amount of detail and require the help of a competent attorney. Please contact Eisenberg Law Offices to discuss representation for your case.
This post was originally published at http://www.eisenberglaw.org/what-is-a-preliminary-hearing/

Personal Injury Claims: How to Document Expenses

Document your Personal Injury expenses if you plan to make a claim

An accident can have effects that last much longer and reach much farther than you could ever imagine. One accident is all it takes to turn your life upside down. While monetary compensation can't bring back lost time, it can certainly help ease the financial burdens placed on you. However, you must document everything carefully. Here's how to document personal injury expenses so you and a Wisconsin personal injury lawyer can get you the compensation you deserve.

• Property damage: Photographs, insurance claim forms, and records of your correspondence with your insurance company are all necessary forms of documentation. Your insurance company will likely have photos as well; speak to your agent about getting copies. All correspondence should be in writing.
• Medical costs: Copies of all medical bills and photos of injured body parts are necessary to document the medical side of the accident. Record your travel expenses as you go to and from medical appointments. Also keep a journal, starting as soon as you can; many injuries show up on a delayed timeline, and your journal noting growing aches and pains could be valuable.
• Work losses: If any time was lost from work, be it time away from an office job or the loss of a freelance project, keep records of those as well. Print out all email correspondence and get copies of time-off slips from work.
• Emotional effects: In addition to a record of your physical aches, keep a record of any emotional effects you now have, even if it's been a while since the actual accident. For example, if you were rear-ended by a fast car, and you now panic if you see a car approaching from behind, note that. You could receive emotional damages.

You should also contact a personal injury lawyer as soon as you can. The lawyer will help you organize your documents and logs, along with fighting for proper compensation to make up for all your losses. Contact Eisenberg Law Offices to set up an appointment.

This post was originally published at http://www.eisenberglaw.org/personal-injury-claims-document-expenses/

Criminal Lawyer Madison | Reasonable Search | Dog Sniff

A Criminal Lawyer In Madison Explains What Constitutes Probable Cause For Conducting Dog Sniff Searches In Wisconsin

As we mentioned in a prior blog post, motorists are protected from unreasonable searches and seizure unless the officer has probable cause for doing so. If he or she has probable cause, a search may be legally conducted. This includes dog sniff searches to look for drugs that may be present in the vehicle.
But what constitutes probable cause in this situation? In the case of dog sniffing searches, probable cause can include anything that might tip off the officers that drugs are in the car. This may include:

• Smell or odor or drugs emanating from the vehicle.
• Evidence of drugs or drug paraphernalia in sight within the vehicle.
• Other suspicious behavior.

Every situation is different. In some cases, the odor may be enough to warrant probable cause. In others, the officer may need more evidence before there is enough probable cause to justify a search.
Reasonable Suspicion Must Exist
Whenever a driver is stopped, searched, and arrested, one of the first defenses a criminal lawyer will try will be to claim that the evidence uncovered in the search was obtained illegally. That is to say, that there was no reasonable probable cause to warrant the search that uncovered the evidence and therefore, the evidence should be thrown out.

Mount A Defense To Dog Sniff Searches With Help From A Criminal Lawyer In Madison

If you have been charged with a drug crime as a result of evidence obtained during a dog sniff search, contact a criminal lawyer at Madison's Eisenberg Law Offices for a free consultation. It's possible your search was improperly conducted and there may be ways to suppress the evidence against you and have your case dismissed.
Call us at 608-256-8356 or request a consultation online to discuss your case.
This post was originally published at http://www.eisenberglaw.org/criminal-lawyer-madison-reasonable-search-dog/

Slip And Fall Damages | Personal Injury Attorney Madison WI

Determine The Worth Of Your Slip And Fall Case: Hire A Personal Injury Attorney In Madison, WI

Suing after a slip and fall injury is a fairly common occurrence, especially when the victim's life has been irrevocably changed as a result of the incident. But is it always worth it? In some cases, yes. In others, no. Before you get your hopes up that a lawsuit will bring a windfall, consult Eisenberg Law Offices, a personal injury attorney in Madison, WI.
Our personal injury attorneys have decades of experience pursuing slip and fall claims and can help you determine if a lawsuit is in your best interests.
An Injury Does Not Automatically Guarantee A Settlement
One important point to keep in mind: simply suffering an injury in a slip and fall case isn't enough to win a settlement. Recovering damages in a situation requires both an injury to the victim and negligence on the part of the property owner. The four elements of negligence: duty, breach, causation, and harm, must be proven before compensation is possible.
Determining What Your Suffering Is Worth
Once you are certain you have a case, your next question might be to wonder how much you can expect to receive from a settlement. In other words, how much are your injuries and suffering worth?
There aren't any hard and fast ways to put a valuation on injuries. Your Eisenberg Law Offices personal injury attorney in Madison, WI will ask questions and investigate things like:

• The nature and extent of the injuries and the patient's current and future outlook. Severe and permanent injuries generally result in higher awards.

• The plaintiff's unique situation. How is his/her earning ability affected? How does the injury affect his/her family obligations?

• Will the plaintiff accept a settlement or go to trial? Trials bring higher risk but also the potential for higher rewards.

Taken together, this information can help your attorney determine how much you can expect to be compensated for your injuries.
Consult An Eisenberg Law Offices Personal Injury Attorney In Madison, WI
Only an experienced personal injury attorney can determine if it is worthwhile to pursue a slip and fall case and give you an idea of what your recovered damages may be. Contact Eisenberg Law Offices at 608-256-8356 or request a consultation online to discuss your case.
This post was originally published at http://www.eisenberglaw.org/slip-fall-damages-personal-injury-attorney-madison-wi/

Madison DUI Attorney discusses Implied Consent in Wisconsin

Blood Alcohol Concentration test - Madison DUI attorney provides advice

If you are stopped by a police officer for operating a vehicle while intoxicated, you may initially want to refuse a blood, breath, or urine test for blood alcohol concentration. Unfortunately, though, that does not usually help you. The reason for this is Wisconsin's implied consent law. This law provides that in Wisconsin, anyone who is arrested with probable cause to believe he or she is intoxicated is required to submit to a test of his or her blood alcohol concentration.
Defining Implied Consent
Ordinarily, consent means you actively choose to allow something to happen. And if you are stopped for suspicion of operating under the influence of alcohol, you have an initial choice of whether to consent to a blood, breath, or urine test. If you do not give your consent, the police officer will issue a refusal citation, which carries a loss of driving privileges for up to three years, regardless of whether you are convicted of OWI.
Probable Cause
If a police officer determines that he or she has probable cause to believe you are operating a vehicle while intoxicated, you are subject to arrest. The officer can make a determination of probable cause on many factors. Driving erratically, slurred speech, an odor of intoxicants, admitting to drinking, or failing a field sobriety test all provide reasons for the officer to arrest you. Refusal to take field sobriety tests can also provide probable cause for the officer to arrest you.
The Benefits of Cooperation
Whether you are pulled over while driving or simply approached while sitting in a running car, the police officer has the ability to arrest you if he or she suspects you have been drinking. Be polite and respectful, and if you are arrested, contact Eisenberg Law Offices for help with your OWI case.
This post was originally published at http://www.eisenberglaw.org/implied-consent-wisconsin/

Who Is Liable If My Child Is Injured at School?

Personal Injury Attorney Madison WI discusses School Injuries

Across the country, injuries happen at schools every day. Most of these are minor, the kinds of bumps and bruises that do not even slow your child down. But when something more serious happens, you need to know where to go for help. Depending on the severity of the injury and how it occurred, the school and other individuals involved may be liable to you for damages. A Madison WI personal injury attorney helps you determine who is responsible for your child's school injuries.

The School
Your child's school has a duty to provide a safe place for all of its students. If it fails to do so, and its failings result in your child being hurt, it will be liable for damages. This can include the school knowing of a bully who presents dangers to other students, knowing about faulty playground equipment, or serving your child food that it knows is unsafe.
This includes not only what the school actually knows, but also what it should know. The school is responsible for information that you provide, and information that its teachers should know. Injuries that come from dangers it was in position to know about create the grounds for a finding of negligence, and liability for the school.
Individuals at the School
If someone at the school acts recklessly or willfully to hurt your child, this also creates liability. A teacher or aid who physically injures a child, through actions that are negligent, dangerous, or intentional, creates liability for that person in addition to what the school faces.
Parent of the Child Who Caused the Injury
Finally, if another child hurts your child, the parents of the minor child causing the injury face liability. The parents of a school bully are therefore liable for up to $5,000, plus reasonable attorney's fees, for each incident that results in victims' injuries under Wisconsin law.
When school injuries go beyond the everyday accidents kids get in to, you need to know how to protect your right to recovery. Contact Eisenberg Law Offices for help getting the recovery you deserve.
This post was originally published at http://www.eisenberglaw.org/liable-child-injured-school/

What to Bring to Your Personal Injury Legal Consultation

Personal Injury Lawyer Madison WI identifies facts to know for your case

When you suffer a personal injury, you probably know you should consult a lawyer who can help protect your rights. But the lawyer does not work magic that advances you directly from an injury to a settlement or a verdict in your favor. Your results depend on the facts of your individual case, and how those facts work to demonstrate the liability of those responsible for your injury. The attorney conducts an investigation to help bring the helpful facts forward, but you can assist immensely by being prepared before you visit.
Medical Records
After any accident, you should seek medical assistance immediately. You need to take care of yourself before you worry about anything else. Once you have the care you need, you should collect all the documentation of your diagnoses, treatment, and prognosis. This evidence is important to establishing the severity of your injuries and the damages that you are entitled to recover.
Accident Report
If you are involved in an auto accident, the police create a report of the incident. Always call the police after a car crash. Similarly, if you are injured on the property of a business, the company generally prepares paperwork that outlines the facts that led to the injury. These routine, official reports provide valuable insight into the accident and help your attorney develop your case. Further, they can serve as evidence if your case goes to trial, so giving your attorney a head start in reading official reports helps move the ball forward in case preparation.
Notes
Finally, any notes that you write down after you are injured become invaluable to your attorney. Over time, your memory of specific details will fade. It may be months or even longer before your case goes to trial, so your written account matters. It gives you something you can use to help your memory and gives your attorney a fresher understanding of what happened.
The more prepared you are when you visit your Madison WI personal injury attorney, the more he or she can do to assess your case and get you the recovery you deserve.
This post was originally published at http://www.eisenberglaw.org/bring-personal-injury-legal-consultation/