How to Have Juvenile Criminal Records Sealed

People who have prior juvenile criminal records and who meet specific requirements can have those records sealed. This does not erase the records, but it does seal them so that the person does not have to report them. This gives the person a boost when applying for a job or apartment as he or she no longer has to tell about the charge, potentially opening up more opportunities that might have otherwise been cut off.
Sealing and Expungement
In Wisconsin, you may also hear sealing called expungement. However, because the terms can have slightly different meanings depending on context, always be sure that you and the other parties involved know what your goal is. In general, sealing means making a record inaccessible, but not erasing the record; expungement means to "strike or obliterate from the record all references to the defendant's name and identity."
For juvenile crimes in Wisconsin, expungement is the more likely process. If you want a record expunged, you must have successfully completed or complied with all of the conditions of your sentence or dispositional order. You must also be at least 17 years old when you request the expungement; if the criminal offense happened when you were under 25, you can be eligible for expungement if your sentence was less than six years.
Note that meeting those requirements does not guarantee expungement. The court has to confirm that cleaning up your record and allowing you to stop reporting your record will benefit society and not create new potential for harm. Certain felonies may not be expunged.
Be aware, too, that if you get in trouble again, your old records could be used against you.
If you're interested in having an old juvenile criminal record expunged, contact Eisenberg Law Offices at (608) 256-8356. Set up a consultation with one of our attorneys to confirm that you qualify for expungement and to find out more about the paperwork and process this involves.
This post was originally published at https://www.eisenberglaw.org/how-to-have-juvenile-criminal-records-sealed

Legal Procedures After You Have Been in a Hit-and-Run Accident

Steps to take if you’re involved in a hit-and-run accident

Hit-and-run accidents are frustrating because the lack of information regarding the at-fault driver can make getting proper compensation difficult. When major damage or injury are involved, that can result in you not having enough money to complete repairs or pay for treatment. Insurance companies understand that this is a difficult situation, but that doesn't help if your own insurance has limits that prevent you from receiving enough money. You need information about the other driver to really get the right compensation. After a hit-and-run accident, you need to do what you can to help identify who it was who hit you.
If you are conscious and able to move after the accident, try to take pictures of the scene and try to see the license plate of the other car if possible (this is admittedly difficult if the other person takes off immediately). If there were witnesses, try to get their contact information and have them speak with police.
Adjacent businesses may have security camera footage of the accident, or nearby traffic cameras may have captured the accident and some identifying details. In fact, looking for nearby video is likely to be one of your best options because so many places have security cameras, live webcams, and more now.
If you have uninsured motorist (UM) coverage, your own insurance policy may provide you with coverage for the crash.
As soon as you can, call the police and get medical treatment. The police can investigate the scene of the accident, and they're more likely to be able to find local video of the area. Keep copies of all records, and contact a lawyer.
If you've been injured or are dealing with property damage from a hit-and-run accident, call Eisenberg Law Offices at (608) 256-8356. Don't assume that you can't get the compensation you need after an accident where the at-fault driver has fled.
This post was originally published at https://www.eisenberglaw.org/legal-procedures-after-you-have-been-in-a-hit-and-run-accident

Recovering Damages from a Distracted Driver

Distracted Driving is more than texting

Anyone paying attention to news in recent years has heard about the dangers of texting and driving. This is part of a much larger problem: distracted driving. This can include not only trying to text on the road, but also eating, drinking coffee, putting on makeup, or turning to talk to others in the car. If a distracted driver has caused an auto accident, you are entitled to recover damages.

Dangers of Distracted Driving

On the highway, vehicles are moving at speeds over 60 or 70 miles per hour. It does not take much distraction at those speeds to create an accident, whether running into a slowed vehicle or veering out of a traffic lane. Even in slower city traffic in a downtown area like Madison, crowded streets leave little room for drivers to look away and recover.
Unfortunately, distractions loom everywhere. Leaning over to sip a coffee or turning to look at something on the side of the road can lead to an accident. If you are driving around a distracted driver, it can leave you helpless to avoid an accident.

Recovering Damages from a Distracted Driver

People are injured every day by distracted drivers. If this happens, you may have trouble getting the person to admit fault. You don't see what is distracting them most of the time, so you may feel like you have to rely on that person being honest about the distraction that caused the accident.
There are tools your attorney can use. The police report may yield some information about the cause of the accident. In addition, after you bring a suit against the other driver, your attorney can use the discovery process to request phone records, depose the other driver, and investigate the real cause. Working with the experienced team at Eisenberg Law Offices can help you get the answers as to what happened, and recover damages for injuries a distracted driver caused you.
This post was originally published at https://www.eisenberglaw.org/recovering-damages-from-a-distracted-driver

Recovering Personal Injury Damages for Pain and Suffering

If you’ve experienced a personal injury, don’t ignore compensation for Pain and Suffering

If you have been injured or heard about a personal injury lawsuit, the phrase "pain and suffering" has undoubtedly come up. The words have clear meaning, but they can feel mysterious when it comes to damages in your case. To recover damages by this measure, you need to prove not only that you are hurt, but that these damages continue to impact your life.

What Are Pain and Suffering Damages?

Pain and suffering damages are separate from your economic damages. Your economic damages include items you can calculate: lost wages, medical bills, property damage, and other costs that you can tally. You collect invoices, wage statements, and other paperwork to present as evidence, either for a settlement discussion or for trial.
Pain and suffering is more subjective; it relates to your quality of life after the injury. It includes both physical and mental pain, and focuses on your ability to enjoy life. If your personal injury leaves you disfigured, dealing with chronic pain, or unable to work or play comfortably, your case is worth more money.

How Do I Prove Pain and Suffering?

Demonstrating your pain and suffering can be complicated. After an accident, the insurance company may not want to include it in a settlement offer. Still, these are real consequences of an injury, and you deserve compensation. You can demonstrate these damages by providing not only the medical bills and accident reports, but other evidence that shows what you are going through. Pictures from the accident, reports from your employer about time missed from work, and statements from yourself and others who know you can all help show that your injuries and damages go beyond what hospital records will show.
If someone else's negligence has caused your injuries, you have a right to compensation for all of the harm that person created. An experienced personal injury attorney can make the difference in getting you the full compensation you deserve. Contact Eisenberg Law Offices in the Madison, Wisconsin area to learn more.
This post was originally published at https://www.eisenberglaw.org/recovering-personal-injury-damages-for-pain-and-suffering

What to Know About Statutory Rape Charges in Wisconsin

Statutory Rape Charges in Wisconsin are serious - what should you know?

When the term "statutory rape" is heard, most people think of a consensual sexual relationship involving an 18 or 19 year old and a teen who is under 18. There's a tendency to think it's no big deal since the sexual activities were consensual and the ages are so close together, but the reality is that any type of sexual activity with a minor could result in statutory rape charges in Wisconsin. Depending on the situation, the of-age adult could face misdemeanor or felony charges and, in any situation, a conviction may require the person to register as a sex offender.
Wisconsin defines statutory rape by age, based on the premise that children under 18 are not capable of giving informed consent. The law further divides statutory rape into three separate categories, based on the minor's age.

3 Situations That Could Lead to Statutory Rape Charges in Wisconsin

1. Sexual intercourse with a child 16 or older. Sexual intercourse with a child 16 or older is classified as a Class A misdemeanor, regardless of whether the sexual contact was consensual. A conviction at this level carries with it up to $10,000 in fines, up to 9 months in jail, or both. There are exceptions if the minor is married to the of-age partner.
2. Second-degree sexual assault of a child. Any form of sexual contact with a child aged 13 to 15 could lead to charges for second-degree sexual assault of a child. The charge and subsequent conviction are based on the age of the minor at the time of the sexual contact This is a Class C felony that carries penalties of up to $100,000 in fines, 40 years in prison, or some combination of both.  Consent is not an issue.
3. First-degree sexual assault of a child. This first-degree charge may occur when there is sexual contact between a minor under 13 years of age and a defendant of any age. This is a Class B felony carrying a penalty of up to 60 years in prison.

Defend Yourself Against Statutory Rape Charges

There are very few ways to get out of statutory rape charges in our state. Claiming that the victim misrepresented his or her age will not assist in having the charge dismissed.  Mistake as to age is no defense.  The best course of action is to contact an experienced sex crimes attorney at Eisenberg Law Offices in Madison. Our attorneys will ensure you are fairly represented and that you get a chance to tell your side of the story to help secure the best outcome possible.
If you or a loved one are facing statutory rape charges in Wisconsin, call Eisenberg Law Offices at 608-256-8356 or email Info@eisenberglaw.org to arrange a free consultation with a sex crimes attorney.
This post was originally published at https://www.eisenberglaw.org/what-to-know-about-statutory-rape-charges-in-wisconsin

Wisconsin Car Accident | Questions To Ask Your Doctor

Questions to Ask Your Doctor After a Wisconsin Car Accident

The aftermath of a car accident can be chaotic. There may be police reports to file, insurance claims to make, and vehicle damage to repair. If you're feeling okay, with no obvious signs of injury, you may not even consider going to see a doctor, but this is just as important as making an appointment to have your car repaired.
A post-accident medical check-up can uncover injuries that are invisible to the eye or take time to make themselves known, like concussions, spine and neck injuries, and soft tissue injuries. A check-up can determine if you are fit to go back to work right away or if you need time to recover and will also help support any insurance claims you might make, particularly if you are trying to recover damages for lost wages or an inability to work.

Concerns And Questions To Ask Your Doctor After an Auto Accident

When talking to your doctor after a vehicular accident, it's important to be as thorough and honest as possible.

• Share with your doctor any and all symptoms you are experiencing and ask for clarification or explanations about things you don't understand.
• If injuries are discovered, ask about your recovery outlook and whether or not the injuries could lead to complications over time.
• Find out if you are restricted from any activities and for how long.
• Accept the doctor's recommendations for further testing, imaging exams, medication, rest, or referral to a specialist or physical therapist.

It's important to follow all of your doctor's recommended treatments and activities, not only because it will help you recover quicker and more fully, but also in case an insurance company tries to deny your claim by downplaying your injuries or claiming the injuries were not related to the accident, but rather to your own actions or inactions.
Medical reports and documentation are extremely helpful when dealing with auto accident insurance claims. They provide documentation of injuries, providing evidence as to why you are filing the claim. Be sure to collect copies of your medical records, doctor's notes and referrals, and prescriptions.

Eisenberg Law Offices Can Help You File Insurance Claims

Seeing the doctor is just one step in your post-accident recovery. Filing an insurance claim is another. Filing car accident insurance claims is a notoriously challenging process, especially when there are injuries involved. Insurance companies may try to offer you a settlement or even harass you if you don't take their first offer. You do not have to deal with these headaches on your own. The auto accident attorneys at Eisenberg Law Offices can manage the insurance claims process for you, handling all communications, advising you on the fairness of settlement offers, or recommending a course of legal action.
If you've been in a car accident and have questions about the insurance claims process or are experiencing difficulties getting your claim paid, contact Eisenberg Law Offices at 608-256-8356 or Info@eisenberglaw.org to arrange a free consultation.
This post was originally published at https://www.eisenberglaw.org/wisconsin-car-accident-questions-to-ask-your-doctor

Pre-Existing Conditions In Personal Injury Cases

Pre-Existing Conditions and Personal Injury Claims

There is a common myth that a pre-existing condition will affect your ability to collect compensation in a personal injury case. This is untrue. If you are able to prove that the new injury is unrelated to the pre-exiting condition or that the new injury has made the pre-existing issue worse, then you can still file a personal injury claim for compensation.
Attorneys rely on the so-called "Eggshell Skull Rule" in cases that involve pre-existing conditions. This legal concept states that just because the victim was more susceptible to injury due to a pre-exiting condition, it does not mean that the one who caused the new injury or made the old injury worse is immune from liability. The rule applies even if the defense proves that someone without a pre-existing condition would not have suffered an injury under the same circumstances.
Anytime an injury is caused by another person's negligence, the victim may be entitled to compensation, but it is best to meet with a personal injury attorney to determine if you have a case and what the claim will be.

Building a Personal Injury Case When Pre-Existing Conditions Are Present

It's an undeniable fact that insurance companies, defense attorneys, and the at-fault party will use any and all arguments possible to reduce or deny a personal injury compensation award. This includes claiming that any injuries you suffered in an accident are the result of a pre-existing condition and not the result of the accident.
If you have a pre-existing condition – of any kind – tell your attorney about it right away, even if you think the condition cannot possibly affect your claim. Chances are very high that the condition will be brought up during your case. If your attorney is aware of the issue ahead of time he or she can incorporate that into your legal strategy. Your attorney will have to prove:

• That the new injury was not caused by or related to your existing injury OR
• That the new injury caused your existing health problem to worsen.

Being aware of the condition ahead of time also allows your attorney to review the facts of the injuries and how they may or may not relate to the current personal injury case. Your attorney will examine:

• Which parts of the body are affected by both the old and the new injuries.
• The amount of time that has passed between the two injuries.
• Your recovery status related to the pre-existing condition.
• Whether or not the new injury affected the pre-existing injury or condition.

Common Pre-Existing Conditions

There are many different types of pre-existing conditions that may affect your case, but some tend to become aggravated by new injuries more than others. These include:

• Degenerative Disc Disease causes discs in the spinal column to deteriorate. It's often age-related. A fresh injury from a car accident or a slip and fall can cause the condition to flare up, impacting mobility and even affecting your ability to work.
• Back injuries are very common work-related injuries and can be aggravated by heavy lifting, slips and falls or car accidents.
• Neck injuries may be caused by a car accident, slip and fall, or work injury and can, unfortunately, be very easily aggravated by new trauma.

Consult a Personal Injury Attorney at Eisenberg Law For Help

If you have been injured in an accident and think you have a personal injury case but are worried about a pre-existing condition being used against you, contact the accident attorneys at Eisenberg Law Offices in Madison, WI. During a free, no-obligation consultation we help you determine if you have a case or not and advise you on next steps. We bring over 35 years of experience to each case and have a long history of successfully securing accident compensation for our clients.
Call Eisenberg Law Offices at 608-256-8356 or email Info@eisenberglaw.org to arrange your free consultation.
This post was originally published at https://www.eisenberglaw.org/pre-existing-conditions-in-personal-injury-cases/

Personal Injury Claims And Photo Evidence

Support a Personal Injury Claim With the Right Photo Evidence

Any time a personal injury claim is filed, there is a need for credible evidence. Evidence supports the claim, providing proof that the victim deserves compensation and even helping to establish the exact amount of that compensation. Reports are often presented as evidence.  Police reports, eyewitness reports, medical reports...they all play a role in advancing a claim. In the case of car accidents, photographic evidence is also crucial to supporting a personal injury claim.
Photos can show not only the aftermath of an accident and the damage done, but may also be able to help investigators determine how an accident happened and establish fault. Given the prevalence of smartphones and their built-in cameras, it's easier than ever for anyone involved in a car accident to provide photo documentation, but the photos are only useful if they provide the right kind of evidence.
Tips For Taking Evidence Photos
Any pictures that you take in the aftermath of a car accident could potentially be used as evidence to support a personal injury claim. With that in mind, here are some tips for taking accident photos:

• Take Photos Soon After the Accident. As soon as you are out of danger and able to, start taking photos. The sooner you start taking photos, the more accurate they will be. If you wait, there's a chance that evidence could be moved during the clean-up or on purpose.
• Take Time Getting the Right Shot. Don't snap photos randomly. Take time to make sure the image is clear and in focus. Get the shot from different angles and perspectives.
• Take a Variety of Photos. Try to capture the entire scene as well as important close-ups. General photos can help set the stage while close-up images answer specific questions, such as what caused the accident. Try to take photos that will best support your claim.

Taking Photos of Car Accidents
Photos from car accidents should clearly show the damage to your car as caused by the at-fault party. Here are some ways to show that damage:

• Take photos of the accident location from various angles, close and far. Include pictures of accident debris.
• Take photos of the damage done to both cars, again, from close-up and far away.
• Take photos of any traffic signs and traffic control devices at the scene and approaching the scene.
• Take photos of your injuries at the time of the accident. Continue taking photos of your injuries as they heal

Compensation Awards Are Possible
If you are injured in a car accident due to someone else's actions, you may be eligible for compensation. The first step is to meet with an auto accident attorney to review your case and examine the evidence. The attorneys at Eisenberg Law Office are here to help you recover the compensation you deserve and help you recover from your accident.
Contact Eisenberg Law Offices at 608-256-8356 or Info@eisenberglaw.org to discuss a free case consultation.
This post was originally published at https://www.eisenberglaw.org/firm-overview/articles/personal-injury-claims-and-photo-evidence/