Who pays the personal injury expenses for a hit and run accident?

Accident Injuries from a hit-and-run driver are the responsibility of your insurance carrier

Hit-and-run accidents are frustrating because they leave behind damage and injury -- and no one for your insurance company to contact. When the person who hit you drives off without giving you or witnesses any information, it may seem like you're stuck with the bill for all car repair and medical costs. In Wisconsin, this is not necessarily the case. A hit-and-run driver is technically responsible for an accident, but if you can't find the person, your uninsured motorist coverage might take over.
Per Wisconsin law, if someone hits you and does not stick around, that person is liable for the accident once you or the police find them. But what if you never find them? While witnesses and security videos from nearby businesses and homes are often the keys to locating a hit-and-run driver, they aren't 100 percent guaranteed to reel the driver in. Even if you do eventually find the person, your bills will become due in the meantime.
A court case from 2010 holds your answer. That year, the Wisconsin Law Journal reported that a court had decided that the definition of a hit-and-run driver was not as cut and dried as it seemed. A family had sought uninsured-motorist coverage after an accident that left their son injured. He had been hit, the driver asked him if he was injured, and he said no, so the driver left. However, it turned out there were injuries -- accident injuries often take some time to show up because of the masking effect of adrenaline after an accident -- so the family wanted coverage for bills from their insurance company.
While the claims were denied at first, the court ruled that insurance coverage didn't dovetail well with the criminal definition of hit and run. It decided that a reasonable -- that word is important -- expectation of the insured would be to receive coverage. The upshot is that, if you don't have the other driver's information, you may be able to get your bills covered through your uninsured motorist coverage.
If you need help dealing with a hit-and-run driver who has been caught or getting coverage under an uninsured motorist policy, talk to Eisenberg Law Offices about your options. You should not have to be stuck paying all these bills because of someone else's actions.
This post was originally published at https://www.eisenberglaw.org/who-pays-the-personal-injury-expenses-for-a-hit-and-run-accident

5 Things to Know When Choosing a Felony Attorney in Wisconsin

When faced with felony charges in Wisconsin, know what makes a good felony attorney

Felonies are serious, and when you go to choose a felony attorney to represent you in court, you must choose wisely. Interviewing the attorney is recommended so that you find someone with whom you get along professionally. Choosing the wrong attorney, even if the attorney seems skilled at first, potentially affects your chances of a successful court outcome.
What Experience Does the Attorney Have in the County Where You'll Be in Court?
Do not assume that any Wisconsin attorney will do. You need an attorney who practices in the county in which you'll go to court. That attorney will be more familiar with that county's court system and may know more about how individual judges react.
How Responsive Is the Attorney to Your Questions and Fears?
Does the attorney brush off fears you have? Does he or she interrupt you all the time? Or does the attorney listen to you and explain why he or she does not think there will be a problem? This is a scary situation for you, and you need someone who will take your fears seriously.
How Does the Attorney Think Your Case Will Play Out?
How optimistic, realistic, or pessimistic is the attorney, and why? If you feel the attorney has already convicted you mentally -- or if you think the attorney is suspiciously optimistic and offering nice-sounding predictions that he or she can't back up with laws or precedents -- you may want to check out other attorneys.
What Has Been a Typical Outcome in Felony Cases for This Attorney?
You need to know the attorney's track record for felony cases. A long list of losses is an obvious sign to switch to someone else.
How Much Does the Attorney Rely on Plea Bargains?
If you are not guilty but the case still looks tough, how much will the attorney be willing to fight for your acquittal versus telling you to settle for a plea bargain to avoid a trial?
If you need a felony attorney in Madison, contact Eisenberg Law Offices immediately. You need skilled representation and should not wait to find someone who can help you.
This post was originally published at https://www.eisenberglaw.org/5-things-to-know-when-choosing-a-felony-attorney-in-wisconsin

Madison WI Bicycle Accident Injury Attorneys

Before you accept an injury settlement, talk to the bicycle accident injury attorneys at ELO

In Wisconsin, bicycling provides exercise and open-air enjoyment for thousands of people every year. Unfortunately, a bicycle also provides much less protection than a vehicle. If you encounter a careless driver, you might find yourself in danger. Still, you have as much right to be out on a bicycle as anyone else has to be in a car. When a driver or someone else causes an accident with you on your bicycle, you should contact an experienced attorney to get compensation for that driver's negligence or recklessness.

Bicycle Accident Statistics in Wisconsin

In 2016, on average, a bicyclist in Wisconsin was killed or injured every 10.2 hours. This included 849 riders injured and 11 killed that year, most of which came because someone failed to yield the right of way on a turn or a traffic signal. 
You can protect yourself in some ways by making sure you obey the traffic rules and avoid bicycling while intoxicated. Drivers have a duty to watch where they are going and avoid driving too close, but the more you can do to keep yourself out of harm's way, the better your chances of riding safely and without incident. Wear your bike helmet and focus on what you are doing at all times.
Protecting Your Rights
Unfortunately, no matter how careful you are, you cannot prevent every accident. Drivers make mistakes or lose focus, and there may be nothing you can do to keep yourself safe in those circumstances. If someone else causes your accident and you suffer injuries as a result, you have the right to be compensated for your injuries. Your losses include not only your medical care and property damage, but also any other economic losses you suffer because of the accident.
The driver's insurance company will usually try to either dispute its duty to pay or offer a quick settlement to avoid paying as much as your injury is worth. Before you accept a settlement, talk to an experienced attorney in Wisconsin. This will help you protect your right to get the recovery you deserve.
This post was originally published at https://www.eisenberglaw.org/madison-wi-bicycle-accident-injury-attorneys

Bail Conditions and No-Contact Orders - what you need to know

Understand your bail conditions, especially a no contact order

When people are arrested and post bail, they often think of the bail as offering freedom. But this is not necessarily true. If you are arrested for some crimes, including domestic violence or some drug charges, you may have conditions posted on your bail. One of the most common are no contact orders, which limits how close you can be to certain people after you post bail. Violating a no-contact order brings its own penalties and consequences, so you need to understand your duties to ensure you don't create more legal problems for yourself.

Consequences of No-Contact Orders

If you are given a no-contact order, this generally means you cannot have any kind of contact with the person or people named in the order. In a domestic violence case, for example, you may be ordered not to come within 500 feet of the person who accused you. You may also be ordered not to make contact, either directly or through anyone else, with a potential witness to litigation. 
If you violate a no-contact order, you will be charged with an additional offense, bail jumping. This will create more problems for you: you will find it harder to be released on bail again, and face additional fines and jail time. And it will make defending yourself against the original charges that much more difficult. 
Adjusting When You Can't Go Home
Sometimes, a no-contact order means you cannot go home for the period of the order. Depending on the order and who it covers, you also may have to stay away from someone with whom you normally work. Your freedom when you post bail does not include the right to resume your life as though everything is normal. You are still under conditions of bail and have to adjust accordingly.
If you have been arrested and released under a no-contact order, don't take chances. Your Madison criminal defense attorney can help you understand your rights and how you can find ways to live your life even if you can't go home. Contact the experienced attorneys at Eisenberg Law Offices to learn more.
This post was originally published at https://www.eisenberglaw.org/bail-conditions-and-no-contact-orders-what-you-need-to-know

Wisconsin's new 4th OWI law - what you should know

Arrested for 4th OWI in Wisconsin?  Here's what you should know

As of January 1, 2017, Wisconsin OWI law has changed for a fourth offense. If you have been convicted of three offenses, no matter when in your life they occurred, a fourth offense counts as a felony. The penalties for felony OWI charges are steeper, and the impact on your life going forward can be severe. If you are arrested for a fourth offense OWI, then, you need strong, experienced legal representation to protect you.

Changes to Wisconsin OWI Law

Before the most recent change in law, a fourth OWI would be a misdemeanor offense if it had been at least five years since your last OWI. The penalties were still significant; a misdemeanor OWI brings a fine of $600 to $2,000, and a sentence of from 60 days to one year in jail. You would also lose your driver's license from two to three years.
Now, though, the fine for a felony OWI ranges from $600 to $10,000. In addition, you face a minimum of six months in jail. Even if your last OWI was a decade ago or more, you will face these felony charges and, if convicted, have your life changed forever.
Defending Yourself
Given the harsh penalties in place, your first defense is of course not to drive a vehicle when under the influence of drugs or alcohol. If you are pulled over, though, be sure to cooperate with the officer; resisting or refusing a breathalyzer test will only make your situation worse. But if you are arrested and charged, you need a strong, experienced attorney on your side. That attorney will talk with you about your arrest, and help you understand both the consequences of a conviction and the rights you have and the defenses you can raise in a trial.
A fourth OWI conviction in Wisconsin brings harsh penalties for you that affect your job, your family, and your life. If you have been arrested with prior OWI convictions on your record, contact Eisenberg law offices for the best legal representation available.
This post was originally published at https://www.eisenberglaw.org/wisconsins-new-4th-owi-law-what-you-should-know

The Do's And Don'ts Of Co-Mingling Wisconsin Marital Property Assets

How to keep gifts and inheritances from becoming Marital Property Assets

One of the first things you'll hear from a Wisconsin divorce attorney is that Wisconsin is a "community property" state. What does this mean for marital property and asset distribution? In essence, it means that the court views all of your assets as being jointly owned and will divide property and assets equally between spouses. This is true even if only one spouse is named on a deed, title, debt, etc.
Two of the exceptions to this rule relate to inheritances and gifts. In either situation, it is possible for the asset to be considered “individual” property and safe from division during a Wisconsin divorce, but you'll need to document why the asset should be excluded.  You can do this by proving that it was kept separate from marital assets.

The Do's And Don'ts Of Co-Mingling Assets

Even individual property can be considered marital property if it wasn't managed in a certain way. If you receive a gift or inherit assets during the marriage and wish to keep those assets separate from the marital assets:
DO:

• create a separate bank account for those assets;
• invest gifted or inherited funds in a separate investment or retirement account in your name only;
• obtain proof/documentation from the estate of the deceased that specifically shows what was left to you;
• obtain documentation of substantial gifts received stating that the gift was intended solely for you;
• make sure that any gift received by you is given to you alone, and not also to your spouse.

DON'T:

• deposit inherited or gifted funds into a joint bank or investment account;
• use inherited or gifted funds to purchase marital assets or property;
• hold title to an inherited or gifted asset in both your name and your spouse's name;
• pay marital debts with inherited or gifted assets.

A Word About Personal Injury Settlements and Marital Property

In some cases, personal injury settlements may be considered separate property. In order to avoid having personal injury settlements treated as joint property, follow the same guidelines for gifted or inherited assets to avoid the appearance of co-mingling.

Consult An Eisenberg Law Attorney For Wisconsin Divorce Advice

If you have been gifted or have inherited funds, property, or other assets and wish to keep them separate from marital property, consult a family law attorney at Madison's Eisenberg Law Offices for advice on how to prevent co-mingling with marital assets. Call 608-256-8356 or email Info@EisenbergLaw.org to arrange a free consultation.

Best Criminal Defense Lawyer In Madison WI

3 Must-Have Qualifications Of The Best Criminal Defense Lawyer In Madison, Wisconsin

When faced with criminal charges in Madison, one of the first things you'll need to do is find a criminal defense attorney. But not just any criminal defense attorney will do; after all, you are fighting for your reputation, your freedom, and an outcome that will affect the rest of your life. You want to find the best criminal defense lawyer in Madison, Wisconsin.
The trouble is, there are so many attorneys to choose from; how can you find an attorney who is most likely to help you build your best defense?  As it turns out, there are a few qualifications that can help you narrow down the list considerably. Here are three qualifications your attorney must have.
Your Criminal Defense Attorney Must:

1. Have Experience Winning Cases Like Your Own. An attorney with a strong track record of winning cases is definitely going to catch your eye, but pay attention to the types of cases they have won. You want to hire an attorney who has experience with both criminal defense in general and with your specific type of case, in particular. Attorneys that have this experience should have no qualms about sharing that experience with you. One who hems and haws or tries to redirect the conversation probably isn't the right choice.

2. Understand Your Situation And Communicate Well. One common complaint about lawyers is that they talk over their clients' heads or don't talk much to the client at all! This is not helpful. The best criminal defense lawyer in Madison, WI will be able to grasp your situation and explain it and your defense options to you in a way you understand. He or she should be able to answer your questions in laymen's terms, explain the evidence against you, and the consequences you face. They should check in with you frequently to make sure you understand what is going on at every step of the case.

3. Make You Feel Comfortable. The best attorneys are empathetic to their clients' plight and get along with their clients. Take the time to meet with the attorney who will be representing you in person. Those who fully invest in their clients will be available for these meetings and will make you feel at ease. Always listen to your gut. If you don't feel comfortable with an attorney, keep looking. You are placing your life in this person's hands. You need to have a high level of confidence in their abilities and trust them to advocate for your best interests.

Find The Best Criminal Defense Lawyer In Madison WI At Eisenberg Law

If you are facing criminal charges in Wisconsin, contact Eisenberg Law Offices right away. Our criminal defense attorneys have over 35 years of experience handling criminal cases of all types.
Call Eisenberg Law Offices at 608-256-8356 or email Info@EisenbergLaw.org to schedule a free, no-obligation case consultation.
This post was originally published at https://www.eisenberglaw.org/best-criminal-defense-lawyer-in-madison-wi

Avoiding Personal Injury In Boating Accidents

Summer Is Coming! Here's How To Avoid Boating Accidents

After the long winter, many Wisconsinites are looking forward to taking the boat out of storage and getting out on the water – and we can't blame them! Fishing, waterskiing, and recreational boating are a favorite pastime for Wisconsin residents and tourists alike, but boating does come with its own set of dangers. From property damage to personal injuries to drowning, boating accidents can create life-altering changes in your life.
To help prevent boating accidents and injuries, our Wisconsin accident attorneys have compiled this checklist of boating safety tips.

7 Tips To Help Prevent Boating Accidents

Keep these safety tips in mind as you head out to the waterways this summer.

1. Watch The Weather. Mother Nature is fickle and can change on a dime in Wisconsin. Strong winds, lightning, and rain all pose a danger to boaters so be sure to check the weather before you get out on the water and frequently throughout the day to avoid unexpected dangers.
2. Create A Boat Checklist. Just as you probably have a winter car kit, a boat kit will help you be prepared if the unexpected happens. Create a checklist to make sure the boat is always stocked with the equipment you need such as lifejackets, extra gasoline, a first aid kit, blankets, rain gear, and emergency flares.
3. Tell People Where You're Going. Always let at least one person know where you plan to be and for how long. Similar to how you might "call when I get there", this step can help authorities find you faster if you are reported missing.
4. Wear A Lifejacket. We cannot stress this enough! Wearing a lifejacket should be as second nature as wearing your seatbelt in the car. Even the most skilled swimmer can become injured or discombobulated if they somehow end up in the water. Lifejackets are the single best way to prevent drowning deaths or injuries from taking in too much water.
5. Become A Strong Swimmer. Anyone who is going to be out on the water should have basic swimming skills, but the stronger a swimmer you are, the better. Local community centers and the YMCA offer swim classes for everyone from infants to adults. If you're not confident about your swimming ability, sign up for a class or start practicing at the pool on your own.
6. Skip The Alcohol. Alcohol isn’t only a danger on the roads, it's equally as dangerous on the water and is one of the leading factors in boating injuries and deaths. It's best for everyone on board to avoid alcohol, but at the very least, the captain should avoid drinking alcohol to ensure the safety and well-being of the passengers.
7. Know The Boat. If you are renting a boat or borrowing it from a friend, take some time to get to know it. Learn how to operate it properly, where all safety gear is stored, and how to operate the radio if it has one. If you plan to take a boat out often, sign up for a boating course to become a qualified and competent captain.

Happy Boating From The Accident Attorneys At Eisenberg Law Offices
The accident attorneys at Eisenberg Law Offices are just as eager to enjoy Wisconsin's lakes and rivers this summer as you are. Keep these tips in mind to enjoy safe and responsible boating all summer long!
This post was originally published at https://www.eisenberglaw.org/firm-overview/articles/avoiding-personal-injury-in-boating-accidents

Understanding The Personal Injury Insurance Claim Process

The first step in any personal injury claim process is filing an insurance claim. Although the process is straightforward, it can seem intimidating because so few people ever have to do it. The added stress of being injured or financially in need can make the process even more taxing.
To ease any fears or reservations you may have about initiating a personal injury insurance claims process, we've put together this explanation of what to expect.
Walkthrough Of An Auto Accident Claim
We chose an automobile accident as our example because it is one of the most common situations in which you may want to file an insurance claim.
Step 1: Notification
The first step in any personal injury claim process is to notify your insurance company about the accident. At the time of the accident, you should have exchanged personal information, including auto insurance information, with the other driver. To notify your insurance company, you simply call your agent or the number provided on your insurance card. Once you've notified the insurance company, they will ask you for some information about the accident and set up a claim. You'll be given a claim number and someone will be assigned to your case.
Step 2: Investigation
The insurance company representative of the at-fault party is called a claims adjuster. He or she will begin an investigation of the claim to uncover facts and details of the case. They may call you even after you've given your statement to the insurance company. They might also contact witnesses or review police reports to obtain the information they need. The investigation process can move very quickly or may last a long time, depending on the complexity of the situation. You may offer up any additional information you might have, such as medical records, to support your case. Medical records are often required if you are seeking compensation for any injuries you sustained in the accident.
Step 3: Negotiation And Payment
Once the investigation has been concluded and fault determined, the insurance company will offer a settlement. A settlement is a payment that is intended to compensate you for any losses you may have suffered as a result of the accident. One important point to note: you do not have to accept the insurance company's settlement offer. You can try to negotiate for a higher amount if you feel the amount offered does not adequately cover your losses.
Seek Legal Advice From Eisenberg Law Offices In A Personal Injury Claim Process
There are many benefits to hiring an attorney when you are planning to file a personal injury claim.
Trying to resolve the claim yourself is fraught with danger.  The other person’s insurance company is not your friend.  They will try and give you as little money as possible.

• An attorney can handle the entire process on your behalf, greatly reducing the stress and apprehension you may be feeling.
• A personal injury attorney will be familiar with the claims process and know exactly what kind of evidence will best support your case and how to present it.
• A personal injury attorney can possibly prevent a court battle by negotiating a settlement on your behalf.
• Legal representation is crucial to securing a positive outcome.

If you are ever involved in an auto accident or a personal injury case of a different type, please contact Eisenberg Law Offices in Madison for a free case consultation. We can help you determine the best course of action before you begin the personal injury claim.
Arrange a free, no obligation case consultation by calling 608-256-8356 or emailing Info@EisenbergLaw.org.
This post was originally published at https://www.eisenberglaw.org/firm-overview/articles/understanding-the-personal-injury-insurance-claim-process/