Car Accident Attorneys See Rise In Prescription Drug Crashes

Car Accident Attorneys Cite Prescription Drug Abuse As Growing Cause Of Auto Accidents In Wisconsin

When we think of auto accidents, we usually think of drunk or distracted drivers or driver error, but a growing cause of auto accidents in Wisconsin can be traced back to prescription drug use. The Eisenberg Law Offices' car accident attorneys have seen a rise in such cases in Wisconsin. In fact, while alcohol-related car accidents and injuries are down in the state, drug-related traffic accidents are up by 200% compared to 10 years ago. Many of these accidents can be traced back to opioid use - both prescribed and not.

Drugged Driving Is Illegal In Wisconsin

Regardless of whether the drug is a legitimately prescribed drug or was illegally obtained, the effects of driving while under the influence of prescription drugs are startlingly similar to driving while intoxicated from alcohol. Car accident attorneys have seen firsthand that operating a vehicle under the influence of drugs, even prescription drugs, can be just as deadly as operating a vehicle under the influence of alcohol or illegal narcotics. This is because when prescription drugs enter the bloodstream, it can cause similar reactions to alcohol in the bloodstream, such as drowsiness, dizziness, and delayed reaction times.
Many people disregard the use of prescription drugs, thinking they are okay because a physician prescribed them. But if the side effects impair your ability to safely operate a vehicle, you should not drive with the medications in your system.
The effects are so serious that Wisconsin State Statute 346.63 makes drugged driving just as illegal as drunk driving in the state. In response, the state has increased officer training in detecting drugged driving, which means more enforcement and more arrests. You may find yourself charged with an OWI or DUID (driving while under the influence of drugs).
The safest course of action is to avoid driving while using prescription or even over-the-counter drugs until you know how they affect you and your ability to drive. This is particularly important if your doctor specifically tells you not to drive while using the medication. Keep in mind that even if you have the doctor's okay to drive or you feel fine, you can be held liable for any accidents or injuries that occur in an accident that you cause.

Consult Car Accident Attorneys For More Advice About Drugged Driving

As with DUI, police officers still must follow certain procedures to charge a driver with DUID or OWI related to prescription drugs. It is possible to fight prescription drugged driving charges, but you need the help of experienced car accident attorneys to do so.
If you have been involved in an accident or been pulled over for drugged driving, contact the Wisconsin auto accident attorneys at Eisenberg Law Offices in Madison. We can help you.
Contact Eisenberg Law Offices in Madison, WI to arrange a free and confidential consultation at 608-256-8356 or online.
This content was originally published at http://www.eisenberglaw.org/firm-overview/articles/car-accident-attorneys-see-rise-prescription-drug-crashes/.

Criminal Lawyer Madison | Statutes Of Limitation

Consult A Criminal Lawyer In Madison For Questions Regarding Wisconsin Statutes Of Limitation

Did you know that most crimes are subject to a Statute of Limitations? A Statute of Limitations is a state or federal law that specifies or restricts the time within which a lawsuit may be brought forth. Once the time period expires, a lawsuit cannot be filed. One of the first questions a criminal lawyer in Madison, WI will ask is no doubt, "How long ago did the incident occur?" The date will be one of the first considerations in whether or not you have a case.
Statutes of Limitation apply to both civil and criminal actions and are intended to protect defendants by preventing fraudulent or old claims from being brought forth after evidence has been lost or the facts have become obscured. In general, the more serious the crime, the longer the Statute of Limitations, but not every crime has a Statute of Limitations.
The only governing body with the authority to change the Statute of Limitations is the Legislature. A judge cannot adjust the Statute in order to allow a lawsuit to proceed.  However, Statutes of Limitation can be tolled or suspended. In Wisconsin, this falls under Wisconsin State Statute 939.74.
Wisconsin has Statutes of Limitation for both civil and criminal cases.

Wisconsin Statutes Of Limitation For Civil Lawsuits

Statutes of Limitation governing civil lawsuits in Wisconsin are covered by Chapter 893 of the Wisconsin State Statutes. Some of the most common civil claims and their limitations are:

• Battery: 2 years (Wisconsin State Statute 893.57)
• Contract (oral or in writing): 6 years (Wisconsin State Statute 893.43)
• False Imprisonment: 2 years (Wisconsin State Statute 893.57)
• Fraud: 6 years (Wisconsin State Statute 893.93(1)(b))
• Enforcing Court Judgments: 6 or 20 years (Wisconsin State Statute 893.40)
• Libel: 2 years (Wisconsin State Statute 893.57)
• Medical Malpractice: 3 years (Wisconsin State Statute 893.55(1m)(a))
• Personal Injury: 3 years (Wisconsin State Statute 893.54(1))
• Product Liability: 3 years (Wisconsin State Statute 893.54(1))
• Property Damage: 6 years (Wisconsin State Statute 893.52)
• Slander: 2 years (Wisconsin State Statute 893.57)
• Trespassing: 6 years (Wisconsin State Statute 893.52)
• Wrongful Death: 3 years (Wisconsin State Statute 893.54(2))

Wisconsin Statutes Of Limitation For Criminal Cases

The Statutes of Limitation for criminal offenses are covered by Wisconsin State Statutes Chapter 939.74. The most common criminal offenses and their Statute of Limitations are:

• Battery: 3 or 6 years (Wisconsin State Statute 939.74(1))
• Burglary: 6 years (Wisconsin State Statute 939.74(1))
• Arson: 6 years (Wisconsin State Statute 939.74(1))
• Disorderly Conduct: 3 years (Wisconsin State Statute 939.74(1))
• First & Second Degree Intentional Homicide: No limit (Wisconsin State Statute 939.74(2)(a))
• Sexual Assault: 6 years (Wisconsin State Statute 939.74(1))
• Receiving Stolen Property: 3 or 6 years (Wisconsin State Statute 939.74(1))
• Robbery: 6 years (Wisconsin State Statute 939.74(1))
• First Degree Reckless Homicide: No limit (Wisconsin State Statute 939.74(2)(a))
• Second Degree Reckless Homicide: 15 years (Wisconsin State Statute 939.74(2)(am))
• Theft: 3 or 6 years (Wisconsin State Statute 939.74(1))
• Child Sexual Assault (until the complaining witness is 35 years old)

Is Your Case Affected By A Statute Of Limitations? Consult A Criminal or Civil Lawyer In Madison To Find Out

If you are facing criminal charges or have a civil case and wonder if a Statute of Limitations will affect your situation, contact a lawyer at Madison based Eisenberg Law Offices for advice. We offer free and confidential consultations.
Call 608-256-8356 or contact us online.
This content was originally published at http://www.eisenberglaw.org/firm-overview/articles/criminal-lawyer-madison-statutes-limitation/.

Traumatic Brain Injury At Trampoline Parks

Trampoline Parks Pose Risk For Traumatic Brain Injury

Trampoline parks are popular places for kids (and adults) to burn off energy and have some fun, but they aren't without risk. One wrong fall on unsafe equipment could cause serious injury, as one family in Texas recently experienced. Their teenage son suffered traumatic brain injury after he fell through a hole in the trampoline canvas.
Traumatic brain injuries cause bleeding on the brain, skull fractures, and may cause cognitive decline and even personality changes. The family sued the trampoline park and eventually won an $11.5 million settlement to help pay for the son's long-term medical expenses and loss of faculties.
Negligence Or Accident?
Sometimes accidents are just that, accidents. And there is no rhyme or reason for the incident to have occurred. At other times, the property owner may have been negligent in their duty to maintain a safe environment.
Every place of business has a duty to provide a safe environment for its customers but that doesn't always happen. In the case of trampoline parks, things like worn netting or trampoline canvases that rip or inadequate side netting can cause patrons to fall off or through the trampoline. In those examples, the trampoline park would likely be found negligent in their duty to provide a safe environment.
If you are injured at an entertainment venue like a trampoline park, don't fall into the trap of thinking that just because you signed a liability waiver you can't pursue a lawsuit against the business. The waivers don't apply when business owners allow dangerous conditions to exist on the property.

Traumatic Brain Injury Attorneys Help You Fight For Your Rights

If you or a family member have been injured at a trampoline park or other type of entertainment venue and you think the injury happened due to unsafe conditions, contact a personal injury attorney at Eisenberg Law Offices. This is especially important if you have suffered a serious and life-changing event like a brain injury. If the business was negligent in its duty to provide a safe environment for guests, you may be entitled to compensation that can help pay for medical expenses, pain and suffering.
Contact Eisenberg Law Offices at 608-256-8356 or request a consultation online for a free case consultation.
This post was originally published at http://www.eisenberglaw.org/traumatic-brain-injury-trampoline-parks/.

Recognizing the Warning Signs of Daycare Abuse

Madison Personal Injury Attorneys shares the signs of daycare abuse

Sending a child to a daycare center is necessary for many parents who want to ensure their children are supervised appropriately. However, that means there is the risk that the child will be exposed to abuse at the daycare center. Most centers interact appropriately with all children. But you should know the signs of abuse so that you can identify it and report the abuse to the proper authorities.
Signs Can Be Subtle
Signs of abuse are often subtle and harder to spot, especially in younger children who might not have the language capability to describe what's going on. You may see more than a reasonable share of bruises or cuts dismissed as the result of falling off a swing, for example, or the child could seem to develop a number of illnesses, especially stomach pain, that would keep him or her home.
The child may seem unusually reluctant to go to daycare all of a sudden, or your child may also start acting out around other children, repeating the behavior he or she sees and experiences at the daycare center.
Also look for more incidences of nightmares, moodiness, or a reluctance to go to bed. Staying up may be a sign the child is trying to delay the next day -- and the next stint at the daycare center -- from beginning.
Report and Investigate First
You should ask the child's doctor to help determine the causes of injuries, illness, and behavioral changes. The problems you see could be due to other conditions. Those stomach problems or bruises that won't heal can indicate hidden health problems, or, the signs could really be due to abuse, but abuse perpetrated by a relative or family friend.
However, if the doctor determines the problems stem from abuse, likely at the center, you need to notify law enforcement and get a lawyer immediately. In Madison, Wisconsin, Eisenberg Law Offices can help you navigate the often-confusing world of courts and lawsuits dealing with child abuse. Your child deserves to be safe, and your lawsuit may be the one to help move abusive people away from children.
This post was originally published at http://www.eisenberglaw.org/recognizing-warning-signs-daycare-abuse/.

Is it Illegal to Drink and Drive a Boat in Wisconsin?

Wisconsin Criminal Attorney explains Boating Under the Influence (BUI)

A nice day relaxing at the lake with barbecue and beer may sound like something that's harmless, but add a boat into the mix, and you have a BUI charge just waiting to happen. Boating under the influence is just like driving under the influence: illegal. While there are some key differences in terms of punishment, BUI is not something to take lightly.
They Know You Think It's Nothing
Wisconsin has a pretty robust drinking culture, so police, game wardens, and other officials are always on the lookout for potential BUI/DUI signs. Wardens and rangers in particular monitor the lakes and rivers because they know there's a perception that operating a boat under the influence is somehow less dangerous than driving under the influence.
It's not actually less dangerous, though, and boat operators are still subject to the same blood alcohol limit of 0.08. So just because you don't see a warden around doesn't mean they aren't out and about, looking for those boating under the influence.
Increasing Penalties
When you operate a boat in Wisconsin, you give implied consent to law enforcement to test you for drugs and alcohol. The first BUI offense carries fines, but it does not mean automatic jail time. You may still even get to keep your boating license, though you may have to undergo court-ordered education and testing. However, if you get another BUI charge within five years of that first one, your fines go up and then you face potential jail time.
And Then There's the Car
Even if you make it through your day at the lake without intervention from law enforcement, there remains the problem of getting home. If you get behind the wheel of a car while drunk, you will be subject to the same harsh penalties as anyone driving under the influence.
If you've been hit with BUI or DUI charges, contact an attorney immediately. Eisenberg Law Offices can help you with your case and provide experienced defense in court. If you want to continue to enjoy your boat, you need skilled legal assistance.
This post was originally published at http://www.eisenberglaw.org/illegal-drink-drive-boat-wisconsin/.

Madison Law Firms Warn Against Playground Accidents

Madison Law Firms Warn Against The Hidden Dangers Of Playgrounds

Summer may be a time to be carefree, but it's not without its dangers. Boating, swimming pool, and heat safety usually spring to mind first, but they are far from the only potentially dangerous situations parents need to consider during the summer. Madison law firms agree: one underrated, but far more common danger, is playgrounds.
Every year, the U.S. sees more than 200,000 playground related ER visits. Injuries include broken bones, fractures, open wounds, concussions, and traumatic brain injuries. While some injuries are the result of happenstance and could never be predicted, many others could be avoided or the injury minimized with a few precautions.
Common Playground Hazards As Seen By Madison Law Firms
Any type of active play comes with risk - and that's okay. Kids need to take risks to learn and grow. What they don't need is to take risks in a hazardous environment. By learning to recognize and avoid common playground hazards, parents and kids can be safe on playgrounds while still enjoying active play.
Examples Of Some Of The Most Common Playground Hazards Madison Law Firms Witness Include:

• Improper Or Inadequate Surfacing. Shock-absorbing surfaces help minimize injury. The most common type of cushioning surface are wood chips, but they must be at least 9 inches deep and extend out from the equipment in all directions for effective cushioning.
• Poor Maintenance. Exposed to our Wisconsin weather and frequent use, playground equipment erodes over time. For example, hooks and chains that hold up swings can break off, because they've degraded to the point that they cannot support the weight of a child. This has the potential to cause severe injury.
• Pinch Points. Any areas that sway or move can create a pinch hazard and damage fingers. Moving bridges are a good example of this.
• Head Entrapment. Improper spacing on equipment, between bars or railings can pose a risk if kids can get their heads or bodies into the opening, but not out. Playgrounds should be properly inspected to test for these dangers.
• Entanglement Hazards. Rope ladders, swings or the space between platforms and slides can cause children or their clothing to become entangled and pose a strangulation hazard.

Keep in mind that these dangers exist at public and private playgrounds. Your backyard play-set may even be more of a risk than a public playground. Take a good look at your playground equipment to make sure it's in good repair and doesn't pose an excessive risk to your children or their friends.
If your child is injured in playground accident and you think the property owner may be at fault, contact Eisenberg Law Offices at 608-256-8356 to see if you have a case.
This post was originally published at http://www.eisenberglaw.org/madison-law-firms-warn-playground-accidents/.

Drunk Driving Accidents in Madison WI

Hit by Drunk Driver in Madison WI? Know your Rights

It is not unusual, in Madison or any other part of Wisconsin, for people to unwind in the evening or the weekend with a beer or other alcoholic beverage. The problem, of course, comes when someone drinks and then gets into a car. According to the Wisconsin Department of Transportation, driving under the influence of alcohol remains the greatest controllable factor contributing to crashes in the state.
Alcohol-Related Accidents in Wisconsin
Wisconsin's alcohol-related accidents have declined significantly over the last 40 years. Still, operating under the influence is a significant problem. In 2015, Wisconsin reported:

• 190 alcohol-related driving deaths;
• 2,872 alcohol-related injuries in crashes; and
• one person killed or injured every 2.9 hours on Wisconsin roadways.

Most people believe these accidents will not happen to them, but unfortunately, you have about a one in three chance of being involved in an alcohol-related accident sometime in your life.
Your Legal Rights
Driving is part of everyday life in Madison, Wisconsin. You should be able to commute to and from work, go out with friends or family, or just enjoy a relaxing drive without worrying about your safety. People who drive while they are intoxicated take that away from you; they add dangers that you should not have to fear when you are out.
If a driver injures you while he or she is under the influence of alcohol, he or she will face criminal charges. But you have the right to pursue civil damages too. When the other driver was impaired, you can sue even if the driver has been convicted of those criminal charges. Wisconsin is not a no-fault insurance state, so demonstrating the other driver was intoxicated will go a long way toward helping you show he or she was at fault. You can get compensation for your injuries, directly from the other driver or through his or her insurer.
If a drunk driver has injured you or a loved one, Eisenberg Law Offices is here to help. We will take the time to understand your case and help you get the compensation you deserve.
This post was originally published at http://www.eisenberglaw.org/drunk-driving-accidents-madison-wi/

How Do I Collect Money After a Judgment?

Madison Law Firm explains how to collect your judgment

Seeing a case through trial requires patience and energy. When you get a verdict and win a judgment against the defendant, you will rightly feel like celebrating. But the hard work and time you put into your case has not ended just yet; you still have to collect your judgment. If the defendant does not pay voluntarily, you will need to take steps to recover the money owed to you.
First, Talk to the Defendant
Ideally, you can just receive your judgment amount without having to start a new fight. If the money comes from the defendant's insurer, that company will have a process to pay out. If the defendant is paying personally, he or she may be able to provide payment right away and let you both move forward. But if the person is either unable or unwilling to pay what he or she owes, you have additional options.
Garnishment
One way to obtain payment on a judgment is to file a garnishment. You can garnish the person's bank account, other financial assets, as well as from people who owe the defendant money, to get to funds the person already has or will have. Alternatively, you can file for garnishment of the person's wages. This requires a certain percentage of that person's paycheck to be directed to you until the judgment is fully paid.
Writ of Execution
A writ of execution allows you, through the court and the sheriff's office, to seize property from the defendant to pay for the judgment. The defendant can claim exemptions on some property, and this is at times a complicated process. But it can provide a way for you to be made whole if the defendant is unable to pay out on the court's judgment.
You're Almost There
After your trial, waiting longer to get the money the defendant owes can be frustrating. At the Madison Law Firm of Eisenberg Law Offices, we will help find the most effective way to collect your judgment, and work with you to help you get the money you deserve.
This post was originally published at http://www.eisenberglaw.org/collect-money-judgment/

Safest Vehicles for Teen Drivers

Madison Personal Injury Lawyers identify best cars for Teens

If your teenager is ready to start driving, you are probably terrified. New drivers in Madison, Wisconsin face at times busy roads. You may want to look for a small, more easily maneuverable car, or a larger vehicle that can better withstand the impact of a crash. Whatever category you choose, though, solid options exist for you to help keep your teen driver safe.  The Madison Personal Injury Lawyers at Eisenberg Law Offices provide guidance for the best cars for your teen drivers.
What to Look For
Teen drivers, no matter how careful they are, need to develop experience to become excellent drivers. When they are new to the road, they may be nervous or reckless, either of which can spell disaster. To help protect them, you should avoid extremes in the vehicles you choose. Compact and subcompact cars provide maneuverability but may not provide enough frame protection between the driver and another vehicle on impact. A very large vehicle can be clumsy and difficult to operate for less experienced drivers.
Similarly, you want a vehicle with enough speed and acceleration to help avoid an accident. Merging on highways in and around Madison can create problems for new drivers trying to avoid other drivers. But too much horsepower can be too much temptation, or just be difficult to control for the novice behind the wheel. You should be seeking moderate power, a solid construction, and added safety features when you select a vehicle.
Top Selections
The Insurance Institute for Highway Safety has identified the top safety choices in different categories for you to select for your teenage driver.

• Best midsized car: Dodge Avenger
• Best large car: Volvo S-80
• Best small SUV: Mitsubishi Outlander Sport
• Best mid-sized SUV: Volvo XC-90

All of these are solid cars that provide great protection, with good value in a used vehicle for your teen. Still, before you make your choice, try out a few options. You need a vehicle in which your teen can be comfortable as a driver, with the size, weight, and power that fits him or her. Investing in a safe option for your teen can help protect him or her during the early driving years.
This post was originally published at http://www.eisenberglaw.org/safest-vehicles-teen-drivers/

Personal Injury: 5 Things to Know About Drowning Accidents

Drowning Accidents - stay safe to avoid Personal Injury

Madison, Wisconsin is home to no fewer than five lakes residents and visitors enjoy during the summer months. While you can enjoy them for boating, swimming, or fishing, you need to be aware of the dangers they can represent. Understanding the risks and dangers you face can go a long way toward keeping you safe in the water and avoiding personal injury.
1. It's More Common Than You Think
On average, about ten people die every day in drowning accidents. The accidents are more frequent in the summer when more people are out in the water, so you need to be careful every time you go out.
2. Everyone Should Learn to Swim
Swimming is an important skill to learn. The more you do to protect yourself and your family, the better your chances of avoiding becoming part of the statistics. Take lessons and practice so you are ready when you get into the water.
3. Start Early
Drowning is the leading cause of accidental death among children ages one to four. Keep an eye on your kids, whether you are out swimming, on a boat, or just relaxing on one of Madison's many parks and beaches. Young children may not be able to protect themselves, and all you need to do is lose track of them for a moment.
4. You Don't Need Deep Water
According to the International Life Saving Federation, four out of every ten drowning deaths begin less than two meters from shore, and in less than one meter of water. You may believe that staying in shallow water protects you, but all you need is enough water to submerge your face for drowning to be a possibility.
5. Negligence Can Play a Role
If you are in a pool that does not have drain covers, or a lifeguard is on duty and fails to respond properly, you may have a claim for liability. Do all you can to protect yourself and your family, but if someone else's negligence caused an accidental drowning, you can count on Eisenberg Law Offices to represent you.
This post was originally published at http://www.eisenberglaw.org/personal-injury-5-things-know-drowning-accidents/

All About Probation From A Criminal Defense Attorney

All About Probation From A Criminal Defense Attorney

If you've been arrested and convicted of a crime, you may assume you are going to jail. But that's not always the case. In some situations, your criminal defense attorney may argue for probation. But what is probation and is it something you should pursue?
Defining Probation
Probation is a court-mandated order that is applied only in certain circumstances and comes with specific terms and conditions for the defendant. It is offered as an alternative to jail.
Probation Can Be Ordered In Two Different Ways:

1. The court withholds sentencing and orders probation instead.
2. The court imposes a sentence of jail time but stays it for the period of probation.

Defendants are still found guilty of a crime, but the sentence is suspended or not imposed for the duration of the probation period. If the defendant violates his/her probation, it can be revoked and the original sentence reinstated or jail or prison time ordered.
Probation allows an offender to remain free in the community, maintain his/her job, and reduces strain on the jail system. Some first-time offenders may even be able to have their record expunged, or cleared, after successfully completing their probation.
Conditions Of Probation
Probation does come with its own set of requirements. Anyone who is placed on probation will have to report to a Department of Corrections probation officer for the entire length of his or her probation. Meetings will occur at set times, perhaps weekly, perhaps more or less frequently. Other conditions of probation may include:

• Paying fines or restitution.
• Performing community service.
• Appearing at scheduled court appearances.
• Refraining from using illegal drugs or excessive alcohol.
• Avoiding certain people and places.
• Not traveling out of state without first clearing it with the probation officer.
• Submitting to drug and/or alcohol testing.
• Participation in rehabilitation classes.
• Keeping the probation officer informed of any changes in name, address, or contact information.

The conditions imposed and the length of the probation will relate to the type of criminal offense committed. Your probation officer will go over the terms of your probation with you and you'll have to sign a document acknowledging that you understand the terms.
Violating Probation
Violation of probation occurs when any of the rules or conditions included in the probation order are violated, broken, or ignored. When this happens, the probation officer determines if you get a warning or if probation revocation procedures are commenced.  If the department tries to revocate you and the judge feels that you violated the terms of your probation, you may end up with additional probation terms, fines, revoked probation, and/or jail or prison time.
Once it has been determined that you violated your probation, you will likely end up in jail on something called a probation hold. You'll stay in a county jail while an investigation into the situation takes place.
You Cannot Post Bond To Get Out Of A Probation Hold, But You May Be Released In Other Ways:

1. Your criminal defense attorney may petition for your release under certain rare circumstances.

2. Your criminal defense attorney applies for an Alternative to Revocation (ATR). ATRs come in many forms and receiving one depends on the circumstances that led to your probation violation and your criminal history. Examples of ATRs include: sanctions, alcohol or drug treatment, anger management counseling, domestic violence treatment, or some other form of treatment.

3. Your probation may be revoked. Based on your history and the circumstances, you will be granted a hearing to contest the revocation request. Your probation officer will have to prove that you violated the terms of your probation while you and your criminal defense attorney contest the allegations and argue that the violation does not warrant revocation.

Criminal Defense Attorney
As you can see, a criminal defense attorney can be very helpful in probation situations. Your attorney will help you navigate the process from start to finish. He/She will be your advocate during the initial hearing, throughout your probation, and if any violations arise. One of their biggest roles is as a negotiator. Defense attorneys are used to working with the courts, judges, probation officers, and the district attorneys' office. You are far more likely to secure a positive outcome with an attorney on your side than if you were to leave your fate up to the court system.
If you have any questions or concerns probation, probation violations, or probation holds contact the team at Eisenberg Law Offices in Madison, WI to arrange a free, confidential consultation. We can be reached at 608-256-8356 or online.
This post was originally published at http://www.eisenberglaw.org/firm-overview/articles/probation-criminal-defense-attorney/

Personal Injury Lawyer | Madison WI | Emergency Car Kits

Personal Injury Lawyer In Madison, WI Shares Important Items To Keep In Your Car

Wisconsin is known for its harsh winters and unpredictable weather, but it's also a popular state in which to vacation. Tourists crisscross the state all year round and most of them visit by car. The combination of weather, lots of drivers on the road, and plain, old bad luck make car accidents and breakdowns inevitable. That's where emergency car kits become important. While we typically associate car kits with winter weather driving, they really are something you should always have in your car and ready to use.
Being stranded for a significant amount of time is definitely less common than it used to be. Thanks to cell phones and in-car tools like GPS and navigation/communication services like OnStar and Sirius XM, emergency responders can locate disabled cars and assess injuries faster than ever before but that doesn't mean you don't need a car emergency kit.
As any personal injury lawyer in Madison, WI will tell you, while you may not be able to avoid an accident or breakdown, you can minimize damage and protect yourself from further injury during the aftermath if you are well-prepared.
Stocking Your Car Kit
Car kits should contain a variety of items to keep you safe during unexpected breakdowns or weather conditions. AAA Wisconsin recommends that all cars carry:

• Booster cables
• Cell phone and car charger (did you know you can buy solar powered cell phone chargers now? They are great for emergencies!)
• Fold-up shovel
• Tow rope and bungee cord
• Sand or kitty litter
• Flashlight with extra batteries
• First aid kit
• Emergency flares
• Non-perishable food like energy bars and bottled water
• Blanket or sleeping bag
• Multipurpose tool (screwdrivers, pliers, knife, etc.)
• Duct tape

We also suggest paper maps, tissues or paper towels, paper and writing utensils, an umbrella or rain jacket, extra clothes, gloves, and comfortable shoes to the list. The most worrisome types of automobile incidents are those that involve being stranded for long periods of time, particularly during a Wisconsin winter! That's why food, water, and shelter in the form of the car and blankets or sleeping bags are such an important part of the car kit.

Were You Injured In A Car Accident? Consult A Personal Injury Lawyer In Madison, WI

We are fortunate that automobile technology has improved and we are more connected.  There are more travelers on the road than ever before, so it is easier to get help when we need it than in generations past. Even so, accidents still happen. If you find yourself involved in an automobile accident, contact an Eisenberg Law Offices personal injury lawyer in Madison, WI at 608-256-8356 or online.
This post was originally published at http://www.eisenberglaw.org/personal-injury-lawyer-madison-wi-emergency-car-kits/

Car Accident Attorneys | Low-Impact Collision Dangers

Madison Car Accident Attorneys Help Explain Low-Impact Collision Dangers

Although high-speed car accidents garner the most media attention, low speed collisions are actually much more common. Low speed collisions occur under 15 miles per hour, leave no skid marks, and cause only minor property damage. That doesn't mean they are any less dangerous. Any car accident, no matter at what speed it occurred, can result in injuries, property damage, and emotional distress.  Low-impact injuries in particular seem to be more often ignored or dismissed by insurance carriers. When a low-impact collision claim is ignored, dismissed, or denied your best course of action is to contact our Madison WI car accident attorneys for assistance.
Our attorneys help drivers and passengers navigate the insurance and legal systems to secure the compensation they may need to move forward after such an accident.
Low-Impact Injuries
The forces involved in car accidents are substantial, even at low speeds. A 2,000 pound automobile hitting another car at just 10 mph can exert 3.7 tons of force! This is extremely hard on an occupant's body, particularly the back and neck. Car accident attorneys often work with victims who suffer from soft tissue damage, whiplash, and more.
Common Low-Impact Injuries Include:

• Whiplash
• Muscle injuries
• Cervical spine damage
• Blurred vision
• Hemorrhaging
• Nerve damage
• Back injuries
• Concussion and mild TBI
• Broken bones
• Lacerations
• Bruising
• Ligament damage
• Emotional stress

What To Do If You Are Involved In A Low Impact Accident
If you are involved in a low-impact collision, you should seek medical attention right away, even if you feel fine. Sometimes, you may not feel the effects of low-impact injuries for days after the accident and if you want to pursue a legal claim or an insurance claim, doctor's evidence will help provide proof of injury and help determine the value of your claim.
The next thing you should do is contact the attorneys at Eisenberg Law Offices in Madison, WI. Our personal injury attorneys will investigate your case and examine the evidence to help determine the value of the compensation you are due for your injuries. You should also contact a car accident attorney if you are being denied by the insurance company or pressured to drop your claim. We can present evidence that proves you have been substantially injured in a low-impact collision.

Contact The Car Accident Attorneys At Eisenberg Law Offices For Advice And Representation

If you have been injured in a low-impact collision and need help or want to pursue an insurance or a legal claim, contact the personal injury attorneys at Eisenberg Law Offices at 608-256-8356 or request a consultation online for a free case consultation.
This post was originally published at http://www.eisenberglaw.org/car-accident-attorneys-low-impact-collision-dangers/

Types of Compensation for Personal Injuries

Personal Injury Compensation - what can you ask for?

If you're considering suing due to a personal injury, you need to be aware of the types of compensation you may be eligible for. There are two main types of damages that you may ask for, but be aware that Wisconsin is a contributory negligence state, which means your financial award may be lower than expected depending on your action or inaction when you were injured. It's essential that you have a skilled lawyer on your side should you go to court.
Compensatory Damages
Compensatory damages are those that reimburse you for both incurred and projected losses. These include medical bills, lost wages, other out of pocket expenses, and other quantifiable amounts of money. These can also include future projected costs, such as future medical and wage loss. Compensatory damages also include awards for pain and suffering, which is not the same as punitive damages. Wrongful death also qualifies for compensatory damages.
Punitive Damages
Punitive damages are, as the name suggests, essentially punishment for causing the accident that injured you. Punitive damages become a factor if the defendant did something that was outrageous when causing your accident.
Contributory Negligence
If the court finds that you are partially responsible for your injury, your damages may be lower than you requested. For example, if you were in a car accident that was partially your fault, you may not get the full amount of damages that you asked for.
Working with a skilled attorney who understands Wisconsin's personal injury laws is vital if you want the best chance of recovering damages. The attorneys at Eisenberg Law Offices can help you put your case together and determine a reasonable award request. Contact us to schedule a consultation.
This post was originally published at http://www.eisenberglaw.org/types-compensation-personal-injuries/

Quantity and Quality in Criminal Drug Charges

Fighting Drug Charges - Madison WI Criminal Attorney

The severity of a drug charge depends on the quantity and the type of drugs found on the person in question. If you've been arrested for a drug-related offense, your charge will be based on the type of drug and the amount you had on you. You could face multiple charges, too, if you were carrying more than one drug. In order to fight charges like these, you need the help of a skilled criminal attorney in Wisconsin to keep those charges as mild as possible.
Quantity as a Factor
Someone who has a drug with the intent to use it themselves is likely to carry much less of the drug than someone who intends to sell it. However, Wisconsin law realizes that there is no single dividing line between the two. For each drug, there are different types of felonies that depend on the amount you had on you, and the penalties get more severe as the amounts go up.
Sometimes it is obvious that not all of the drugs on a person were for that person's own use. But for more moderate amounts, the question of possession versus intent to distribute is harder to pinpoint. This is where legal representation can help you because the more your charges stay on the side of possession, the better the chance you have of getting a lighter sentence.
It's vital that you contact a Wisconsin attorney, such as Eisenberg Law Offices, as soon as possible if you're facing any sort of drug charges. Your future depends on good legal representation.
This post was originally published at http://www.eisenberglaw.org/quantity-quality-criminal-drug-charges/

Preventing Dog Bite Injuries: Tips to Teach Your Children

Teach your children how to avoid dog bite injuries

Most people think of dogs as friendly, lovable pets--and most of the time, that description fits. Still, many dogs are also powerful animals that can be dangerous. Worse yet, most victims of dog bite injuries and attacks are children. You can never completely prevent dogs from attacking, but you can teach your kids some basic tips to help.

1. Steer Clear of Unknown Dogs

This one can be hard for kids, but you should teach them that, just as they should never approach strangers, they should avoid dogs they don't know. Dogs get frightened and defensive around people they do not know, and that often leads to preventable attacks.

2. Be Nice

When children run toward dogs, tease them, or throw things at them, dogs may feel they are being attacked. Teach your kids not to provoke animals, and that can go a long way toward avoiding problems.

3. Look for Warning Signs

Most dogs do not attack without giving some physical warning that they are feeling uncomfortable or threatened including the following:

• stiff body
• growling
• flattened ears
• licking lips
• fidgeting
• avoiding eye contact
• staring too intensely
• tail between legs or standing straight

If your child sees any of these signs, he or she should be cautious and avoid moving too close to the dog.

4. Use Careful Confidence

When your child sees a dog that appears dangerous, his or her natural instinct is probably to run. Unfortunately, that can make things worse with an excitable animal. The better approach is to quietly walk away from the dog. The conventional wisdom that dogs can sense fear holds, but even more, they can react to fast movements and attack. Teach them to walk quietly and confidently away.
There Is No Guarantee
These tactics can help children avoid dog attacks. Still, sometimes nothing can prevent an agitated animal from attacking. Do all you can to protect your child, but if he or she is ever attacked, Wisconsin law lets you recover your damages. Eisenberg Law Offices will help you get the recovery you deserve.
This post was originally published at http://www.eisenberglaw.org/preventing-dog-attacks-tips-teach-children/

How Long Do I Have to File a Personal Injury Claim in Wisconsin?

What is the Deadline for filing Personal Injury claim in Wisconsin?

If you are injured in Wisconsin, you cannot wait indefinitely before you bring your claim. The state imposes statutes of limitation, or legal limits on the time between when you are injured and when you can file a claim. This protects both you and those responsible for injuries, but it can be tricky to navigate.
Reasons for Statutes of Limitation
One immutable truth about people is that memories fade over time. You may remember an injury well, but given enough time, some of the details start running together. Witnesses and defendants will also forget important information along the way. A statute of limitation helps protect you from losing some of the key facts you need to prove your case.
In addition, it protects someone from being sued years down the road for an injury they may never have even known about. These limits help keep the courts from being tied up with stale cases and help everything develop more efficiently.
Three Years in Most Cases
For most personal injury cases, you have three years from the date of the accident to file a claim. Be careful to distinguish between when you discover the injury and when the accident occurs. If you learn six months after an accident that you have suffered a serious injury, the clock started running when the event occurred.
Exceptions
A key exception comes when the responsible party is actually a governmental entity like a city, county, or township. In those cases, you must give written notice of your claim within 120 days of the accident. After the notice, you may only have six months to file your claim.
If the injury occurs to a minor or someone with a disability, the time limit can be extended to up to one year after the person injured reaches 18 or recovers from the disability. If the person has a mental disability, though, the time period can only extend to five years.
Your personal injury claim cannot wait indefinitely. If you are injured in Wisconsin, Eisenberg Law Offices will give you the attention you need to file on time.
This post was originally published at http://www.eisenberglaw.org/long-file-personal-injury-claim-wisconsin/

Can I Appeal a Court Decision or Judgment?

Appeal a Court Decision in Madison WI

Sometimes a trial leads to a verdict with which you do not agree. A jury will not always find in your favor, even if it seems like you should win your case. But what can you do if you feel strongly that the court got it wrong? In some situations, an appeal can help you get the legal relief you need.
The Facts Cannot Support the Verdict
The trial court, whether you are in a criminal or civil case, is responsible for hearing and interpreting the facts of your case. The jury, or the judge if you do not have a jury, can determine which witnesses are most believable and which evidence matters most.
Sometimes, though, after both sides present their cases, the facts simply do not add up to the verdict. The judge might have excluded key evidence, or there may simply be a missing piece of information that the jury would have needed to reach its verdict. If the facts cannot have led to the result the court reached, you can appeal.
The Judge Got the Law Wrong
Sometimes, judges make mistakes. While appeals courts cannot re-determine facts that come out at trial, they can correct errors in how the judge applies the law to your case. When the judge gets the law wrong, you can appeal on those grounds. Your lawyer can identify the statutes misinterpreted and preserve the record through objections, and then prepare your appeal.
Getting the Process Right
Your lawyer will lodge objections during your trial to help sort out problems with evidence or the other attorney's tactics. This helps preserve a record and lay the foundation in case you need to appeal. After that, you must file a motion with the trial court and then file your appeal with the appellate court.
To manage the appeals process correctly, you need to work with experienced attorneys. Eisenberg Law Offices will work to get you the best result the first time, but stands ready to help with your appeal when needed.
This post was originally published at http://www.eisenberglaw.org/can-appeal-court-decision-judgment/

Can I Sue for Boating Accident Injuries?

Wisconsin Boating Accident - can you sue?

Boating season in Wisconsin brings excitement to explore the waterways. Unfortunately, the season also brings injuries: in 2016, for example, Wisconsin saw 108 boating accidents that led to 74 accidents and 21 deaths. If you are injured in a boating accident because someone else was negligent, you have a right to recover damages.
Injuries as the Boat Operator
When you operate a boat, you must prove that the other boat operator bears greater responsibility for the accident than you do. Part of how you can show this is through the accident report. Wisconsin law requires boat operators to file a report within ten days of any accident that involves injuries, death, or more than $2,000 worth of property damage. When you file a report, you create a record that helps demonstrate fault. This might include whether the other boat operator was drinking or underage, how the accident occurred, what the conditions on the water were, and any other information that helps assess who was at fault. If you hit a large wake in a no wake zone or identify other problems with the other boat owner's operation, you have grounds for claiming negligence.
Injuries as a Passenger
Often, injuries in boating accidents involve passengers on the boat. If you are in an accident as a passenger, you have potential claims against both the person operating your boat and the person operating the other boat. You need to demonstrate that one or both operators failed to exercise proper care. If you are thrown from the boat because of reckless operation, for example, you have a potential claim against the driver of your boat. In a collision, either or both operators could be found responsible.
Claims for boating accidents boil down to a question of who failed to act with the care that was required. This may be the person operating another boat or the one in which you are riding. In either case, Eisenberg Law Offices can help you work through the details to help you get the recovery you deserve.
This post was originally published at http://www.eisenberglaw.org/can-sue-boating-accident-injuries/