Common Terms In A Personal Injury Case | Eisenberg Law

Common Terms You'll Hear In A Personal Injury Case

Personal injury cases are complex and time-consuming in the best of situations. To make matters even more complicated, they can be difficult to understand if you don't have a legal background. Judges and lawyers will toss terms back and forth as they discuss a case, present evidence, or question witnesses. That doesn't mean you'll understand what is going on.
To help promote understanding of your personal injury case, we've developed this primer on common terms you may hear as your case moves through the legal system. We hope it will help you better understand what's going on and give you more confidence in your legal situation.

Common Personal Injury Legal Terms

• Complaint. Complaint is another term for the lawsuit. To pursue a lawsuit, you'll file a personal injury complaint with the court clerk, pay filing fees, and then begin the lawsuit process. Complaints contain specific information, including details about the incident, a demand for compensation, and a request for a trial.
• Plaintiff.  The plaintiff is the person who files the lawsuit. If multiple people have been injured in the same instance, there may be multiple plaintiffs.
• Defendant. The defendant is the one who is being sued. When a plaintiff files a lawsuit, he or she must identify whom they believe is responsible for the plaintiff's injury or damages. If more than one person or organization is responsible, several defendants may be named.
• Party.  Party is a generic, non-specific identifier used to refer to either the defendant, the plaintiff, or other included person or entity.
• Negligence. Negligence is a term that is used to describe a situation when someone fails to act in the way the law requires them to act. Failing to act with prudence and care can cause injury to others and may lead to a personal injury lawsuit. Proving negligence is central to winning a personal injury lawsuit.
• Damages. Damages refers to money that is asked for or awarded in a personal injury lawsuit.
• Torts And Tortfeasors. A tort is a wrong that has been committed against a plaintiff. A tort refers to a specific type of lawsuit involving one person committing a civil harm against another. A tortfeasor is another name for the person who caused the other person's injuries (the defendant), or who performed the act that lead to the lawsuit.

Let Eisenberg Law Assist You In Your Personal Injury Case
The services of a personal injury attorney are essential to securing an optimal outcome in any personal injury lawsuit. These situations can be trying and difficult to prove, even when the evidence seems straightforward. The personal injury attorney's at Madison's Eisenberg Law Office have experience in a wide variety of personal injury situations from car accidents to medical malpractice to slip and fall situations. We work with clients throughput Wisconsin and have extensive experience representing plaintiffs who are trying to collect from insurance companies.
To discuss your personal injury case with one of our attorneys, contact us at 608-256-8356 or email Info@EisenbergLaw.org.
This post was originally published at https://www.eisenberglaw.org/firm-overview/articles/common-terms-personal-injury-case-eisenberg-law/

Criminal Defense Attorney | Plea Deals In Wisconsin

Consult A Criminal Defense Attorney Before Accepting A Plea Deal

We've all heard about plea deals or plea bargains in legal cases. These are situations that occur when you or your attorney agree to plead guilty to a lesser offense in exchange for the prosecutor reducing the more serious charge or charges against you.
On the face of it, they seem to be a good option, but that's not necessarily true. Deciding whether or not to accept a plea deal is not always so cut and dried and may not be in your best interests. This is where the advice of a criminal defense attorney becomes important. An experienced attorney will be able to assess the situation and advise whether the plea deal makes sense for you or not.

How Plea Bargains Work

You, your attorney, or even the prosecutor may be the first to suggest a plea bargain. Prosecutors and judges like plea deals because they help move cases through the system faster. Defendants like plea deals because they can avoid being convicted of a more serious crime and remove the uncertainty of a trial. You know what the outcome will be as soon as the deal is offered instead of having to spend weeks or months waiting for a trial and a jury verdict.
The judge always has the final say on the sentence.  So, even if the prosecutor offers a deal, that does not mean the deal will go through.

Negotiating A Plea Deal                                                                                                                       

It can be tempting to negotiate a plea deal yourself, but this is a bad idea. Any time you have been charged with a felony, you should hire a criminal defense attorney to represent you. The stakes are simply too high to try and go it alone. If a plea deal is offered, don't jump at it right away. You should at least consult an attorney before accepting or rejecting the offer, but it will be even better for you if you let the attorney handle negotiations on your behalf. A criminal defense attorney has the skills and experience needed to negotiate a plea bargain including less jail time, a lesser charge, and reduced court fines and fees.
Keep in mind that you are innocent until proven guilty! You absolutely do not have to accept the prosecutors offer on the spot, nor should you cave in to pressure to accept the deal when you know you are innocent of the crime.

When To Reject A Plea Deal

Sometimes it's just not in your best interest to accept a plea deal. It's okay to reject the deal that is offered if it isn't right for you. It may seem to be the easier route to just accept the deal and move on, but if your attorney thinks the prosecutor's case is weak, the evidence is lacking, or the deal isn’t fair, he/she may advise you to reject the deal and go to trial. If that is your attorney's recommendation then he/she must believe you stand a strong chance of beating the charges.
Don’t rush to judgment and reject the deal out of hand, either. Take some time to think about it, discuss your options with your attorney and your family, and get answers to any questions you have.
Contact the team at Eisenberg Law Offices for more information about plea deals or criminal defense. We can be reached at 608-256-8356 or Info@EisenbergLaw.org.
This post was originally published at https://www.eisenberglaw.org/firm-overview/articles/criminal-defense-attorney-plea-deals-wisconsin/

Madison Personal Injury Attorney | Witness Testimony

Personal Injury Attorney Explains The Importance Of Witnesses In PI Cases

Most people have no idea how a personal injury case proceeds or what is required to achieve a fair  settlement or win a jury trial. It starts with a lot of prep work and evidence collection, one of the most important of which is the witness statement.
There are three types of witnesses in personal injury cases: first-hand witnesses, lay witnesses, and expert witnesses.
First-hand witnesses are people who saw the accident or negligence occur in person. They were on-site and watched the event unfold. These types of witnesses are crucial to helping determine if negligence was a factor in the incident. The challenge with this type of witness is obtaining a statement right away. It's very common for witnesses to forget what they saw or to lose details as time goes by. For this reason, your attorney will likely ask if there were any witnesses as soon as he/she takes the case. This is so that they can obtain a statement before memories fade or people begin to question what they saw. If you are ever involved in a PI situation, try to get witness statements at the time of the incident. This will help your lawyer build a case.
Lay witnesses are people who saw the victim after the fact. These may be friends, family members, or co-workers who witnessed the effect that the incident had on the injured party and/or how the incident changed the injured person's life. Lay witnesses are important in establishing damages or the worth of the claim.
Anyone who watches television law shows has heard of expert witnesses. These are professionals who are called in during a trial to provide opinions based on the facts of the case. They are important in explaining complex issues to juries, and providing their professional opinion on specific questions, issues, or evidence.
Trust An Eisenberg Law Personal Injury Attorney To Work With Your Witnesses
Witness testimony can be crucial to obtaining a favorable outcome to your case. The personal injury attorneys at Eisenberg Law Offices work closely with witnesses to secure accurate testimonies and critical details that help build our client's cases.
Learn more about working with an Eisenberg Law injury attorney by calling us at 608-256-8356 or emailing us at Info@EisenbergLaw.org.
This post was originally published at https://www.eisenberglaw.org/madison-personal-injury-attorney-witness-testimony/

Fighting Drug Charges From Search And Seizure In WI

Search And Seizure: When Can A Police Officer Search A Vehicle?

It sounds surprising, but many Wisconsin drug charges and arrests result from routine traffic stops. Since police officers don't have the right to automatically search a vehicle when they stop it for a traffic violation, how does this happen?
Reasonable Suspicion
Although officers cannot search a vehicle "just because", they can search it if they have reasonable suspicion that drugs are inside the vehicle. Reasonable suspicion may be the smell of drugs or the sight of drugs or drug paraphernalia. An officer may also search the vehicle is he or she feels their safety is a risk or if he/she suspects another crime has been committed. In doing the search, they may turn up drugs and you might find yourself facing drug charges.
Even so, this type of search and seizure isn't always legal. Sometimes, the accused's 4^th Amendment rights are violated by the search, making the search, and resulting seizure, illegal.
In every situation, how and why a search was conducted should be closely examined. Any mistake in procedure could violate the driver's rights and may be reason enough to have the evidence suppressed or the charges dismissed.

You Have The Right To Decline A Search And To Fight Drug Charges

If you are stopped by police for a traffic violation and they ask to search your vehicle, you have the right to say “No” and decline the search and you should say “No.” If you are stopped by police and let them consensually search your vehicle and are now facing charges, contact Eisenberg Law Offices for advice. We'll review the situation, the way the evidence was collected, and the evidence itself and recommend a course of action that makes the most sense for you.
Please don't panic. Not everyone who is charged is actually guilty of the crime and there are many defense strategies available that can help you beat the charges. If you are facing charges resulting from search and seizure in Wisconsin, contact Eisenberg Law Offices right away at 608-256-8356 or email us at Info@EisenbergLaw.org.
This post was originally published at https://www.eisenberglaw.org/fighting-drug-charges-search-seizure-wi/

Wisconsin Search and Seizure Laws – Warrantless Hidden Video Surveillance

Hidden Video Surveillance - special search and seizure laws in Wisconsin

Under both the United States Constitution and the Wisconsin Constitution, citizens have a right to protection against unreasonable searches and seizures. Generally, police cannot use evidence they obtain through illegal means. In the case of hidden surveillance cameras, though, your rights are a little more complicated. You will need to work with an experienced attorney to make sure your rights are protected.
The Fourth Amendment
The Fourth Amendment protects citizens' "persons, houses, papers, and effects" against "unreasonable searches and seizures," and requires probable cause before a warrant can be issued. For information collected by a hidden surveillance camera, this leaves questions open as to what constitutes personal "effects," and whether viewing information collected by a camera legally constitutes an unreasonable search.
The Mendoza Case
In United States v. Mendoza, a federal court in Wisconsin held that surveillance cameras installed to observe marijuana plants on private property did not violate the Fourth Amendment, even though they were installed without a warrant. This relied on the Supreme Court's "open fields doctrine," which holds that an open field not immediately connected to a house is not part of someone's effects, and is therefore not included in the Fourth Amendment protections.
This decision has some important limitations. If the field had been a fenced-in yard or otherwise adjacent to a house, surveillance cameras might not be allowed without a warrant. If you have personal items where a camera is on display, or if the camera aims inside the house or your vehicle, the Fourth Amendment protects you from a camera installed without a warrant.
Interpreting the Constitution requires working through difficult, arcane language that courts still argue about more than 200 years after it was first written. If you are arrested based on footage collected on a surveillance camera, you need experienced, expert legal representation. At Eisenberg Law Offices, we are here to help.
This post was originally published at https://www.eisenberglaw.org/wisconsin-search-seizure-laws-warrantless-hidden-video-surveillance/

4 Ways a Personal Injury Lawyer Can Help You

Know how a Madison WI Personal Injury Attorney can help with your case?

Hiring a personal injury attorney often seems like an obvious step to take if you've been in an accident. It is always a good idea to consult with an attorney instead of assuming you won't need one. Here are 4 ways in which a personal injury attorney can help you with your injury claim.
Take Over Much of the Communication
After an accident, you need to concentrate on getting better and getting your car fixed, not on arguing with insurance companies. If any problematic issues arise regarding communication, leave those to the attorney.
Spot Attempts to Limit Your Claim
Good insurance companies want cases to be settled fairly, even if their clients were to blame. However, some agents try to limit what you can get by pressuring you into not taking legal action. Your attorney can spot these tactics quickly.
Determine Suitable Financial Offers
Whether you want to negotiate a larger settlement or you're just trying to get enough to pay your medical bills, the attorney can determine how much you should get at a minimum. He or she can also advise you on whether you should settle or go to trial.
Gather Evidence
If you do go to court, you'll need evidence and may need testimony from qualified expert witnesses. The attorney should be the one to gather the evidence and hire the experts to ensure you the best possible outcome.
If you've suffered an injury, contact Eisenberg Law Offices to discuss your case. Ensure you're getting the compensation you need to heal and move on.
This post was originally published at https://www.eisenberglaw.org/4-ways-personal-injury-lawyer-can-help/

Do I Have to Hire an Attorney in the City Where I Live?

Madison Wisconsin Attorney explains if you need to find an attorney where you live

Hiring an attorney if you live in a reasonably sized city is usually a simple matter, but for those in smaller communities, the supply of attorneys may be so limited that residents need to look elsewhere. This can create a dilemma because there is a persistent idea that people need to hire attorneys who live in the same city, or at least in an adjacent community. This is not the case, however, because an attorney who is licensed to practice in a state can practice anywhere in that state.
Transportation Issues
It's certainly easier to work with an attorney who lives in the same city or an adjacent one because the travel time will be shorter. However, a lot of business with an attorney can be done via telephone and email. While clients would be best off meeting with an attorney in person at least a few times, many appointments do not need to be face to face.
When looking for an attorney, potential clients should concentrate on skill, experience, and cooperation, rather than proximity. It does a client no good to have an attorney who is down the street but who has little experience with the type of case in which the client is involved.
If you're in need of an attorney in Madison Wisconsin, contact Eisenberg Law Offices. Our attorneys have extensive experience with personal injury, criminal defense, and family law and can help you no matter where you live in the state.
This post was originally published at https://www.eisenberglaw.org/hire-attorney-city-live/

What Is Lifeguard Negligence?

Drownings in Wisconsin - what is the duty of the lifeguard?

Residents and visitors in Wisconsin look forward to swimming every summer. While the lakes and pools in Wisconsin give you an opportunity to cool off and enjoy the sun, they also provide dangers to swimmers. To protect against drownings and other injuries, pool owners are required to have a certain number of lifeguards on duty. But what if the lifeguards fail to help? If a lifeguard performs negligently and you or a loved one is injured, you have a potential claim against the owner.
Duties of Lifeguard and Pool Owner
Wisconsin law requires lifeguards to maintain specific certifications and training to work. This creates a duty for both the lifeguards and the pool owner who employs them; if a lifeguard is not properly trained in CPR, for example, and that leads to a preventable injury or death, the pool owner can be liable for not providing properly trained personnel.
In addition, the lifeguard's job is to observe the pool and look for potential problems. For this reason, Wisconsin requires a minimum number of lifeguards based on the surface area of the pool. If fewer lifeguards are assigned, the owner is negligent. If the lifeguard fails to see or address a problem and that results in an injury, the lifeguard and owner can also be liable.
Your Case for Negligence
Negligence exists when someone fails to fulfill his or her duty to someone else. It leads to liability if that negligence caused an injury to someone else. In the swimming context, many factors play in to accidental drownings or injuries. Still, when a pool owner employs a lifeguard who fails to protect swimmers, liability against the lifeguard and the owner can often follow.
An experienced personal injury lawyer will help you work through the morass of facts and obtain the recovery you deserve. If a lifeguard's negligence led to injuries or worse for you or a loved one, Eisenberg Law Offices can help. Contact us today to learn more.
This post was originally published at https://www.eisenberglaw.org/what-is-lifeguard-negligence/

Can Battery Victims Sue for Money?

In Wisconsin someone who physically assaults another is subject to criminal charges for battery. But an arrest and charges under the criminal statute does not prevent you from filing a civil lawsuit as well. In fact, Wisconsin law provides specifically for a civil action against someone who commits a battery against you.
Conviction Is Not Required
Civil lawsuits bring a different burden of proof than a criminal trial. Specifically, a criminal conviction requires a prosecutor to prove actions beyond a reasonable doubt, while civil liability only requires proof beyond a "preponderance of the credible evidence," meaning a jury need only decide it is more likely than not that the person committed the act. If the person is convicted under the battery statute, this is proof that he or she intentionally caused your injuries or other damages. But the lower standard of proof means that failure to convict on the criminal charges need not mean you cannot prevail in a civil case.
Determining Your Damages
On the other hand, a criminal conviction requires only that the person committed battery. To prevail in your civil case, you must show not only that the person did something wrong, but that he or she caused damage to your person or your property. This means you should be prepared to demonstrate any physical injuries you suffered, and any repair costs or damage assessments to property affected. Your recovery will depend on economic damages you suffered, including any lost wages, medical bills, and the value to your family of anything you are no longer able to do at home.
Your ability to collect money in a civil suit for battery depends on your ability to prove both that the person acted intentionally and that the act created damages. Working with an experienced Madison-area personal injury lawyer is critical to establishing your case. If someone has assaulted you, contact Eisenberg Law Offices to learn how you can get the compensation you deserve.
This post was originally published at https://www.eisenberglaw.org/can-battery-victims-sue-money/

Madison WI Roof Falls and Liability

Homeowner negligence for roof fall

When people work on rooftops, falls and injuries will sometimes occur. In some respects, this represents a hazard of the job. Still, when a homeowner's negligence leads to an injury, the homeowner can be liable for damages related to the fall. The circumstances of the accident will help determine the extent of this liability.
How Negligence Occurs
A staple of personal injury law is that when a hazard is obvious and avoidable, a person who injures himself or herself cannot recover damages for failing to avoid the condition. If you fall off the edge of the roof because of your own carelessness, you likely will not recover. On the other hand, if the roof has slick spots or structural weaknesses that are not apparent, these can represent hazards for which the homeowner is responsible.
A good example comes when there is a soft spot in the roof. This may not be obvious until you step in the wrong place. If the homeowner did not warn you of the structural defect, you can injure yourself, and the homeowner may be liable for the injury.
Insurance and Liability
In many cases, the homeowner's insurance policy covers liability for injuries to workers or to others on the property. You may have an opportunity to settle a claim through that policy. However, insurers function on a model that depends on paying out as little money as possible. Before you accept a settlement offer, you should understand the full extent of your injuries and the damages you have sustained. If you contact Eisenberg Law Offices, we will help you talk through and understand your claim, and make sure the insurer cannot trick you into accepting less than your claim is worth. If you have been injured in a rooftop fall, contact us to get the experienced representation you deserve.
This post was originally published at https://www.eisenberglaw.org/madison-wi-roof-falls-liability/