If You Have a Dog in Wisconsin, You're Liable for All Dog Bite Injuries

Wisconsin law states dog owners are responsible for costs associated with dog bite injuries — even if the owner did his or her best to prevent the bite. This is a “strict liability” state, meaning there’s no gray area where an owner’s actions might reduce any financial responsibility. For dog owners, that means they have to keep a close eye on their dogs and be extremely careful about where the dog can go, especially because “strict liability” applies to more than just bites.
When dogs cause problems, be they bites, scratches, or even running out in front of cars and causing accidents, the people affected by the dogs’ actions don’t always have the ability to protect themselves from the dogs. For example, a jogger who is suddenly bitten by a dog may not have time to take defensive action. Wisconsin adopted the strict-liability statute for this reason, so that those left with injuries or damage from a dog’s actions wouldn’t have to deal with the financial fallout.
Owners also need to note that if the dog has a history of biting and drawing blood, liability is doubled. In other words, if your dog has bitten someone in the past, you’ll owe even more this time around.
But that poses a problem for dog owners. Dogs aren’t always predictable; even well-trained ones can have their outbursts. Because the owner would have to pay for costs associated with anything the dog did or caused, it pays to keep a close eye on the animal. Make sure your dog can’t suddenly run out of the house, and put it through training classes so that its behavior is as good as possible.
If you have been bitten by a dog, contact Eisenberg Law Offices at (608) 256-8356.
This post was first published at https://www.eisenberglaw.org/if-you-have-a-dog-in-wisconsin-youre-liable-for-all-dog-bite-injuries/

Why Settling a Personal Injury Claim Can Be of Benefit

Personal injury lawsuits often end in settlements, and these can have both advantages and disadvantages. The benefits may outweigh those disadvantages, however, because a personal injury lawsuit can take a very long time and be emotionally and financially draining. A settlement offers a faster solution that could see you back on the road to recovery instead of caught in a cycle of waiting and medical debt.
Settling a personal injury claim can be done at any time while a case is pending or in process. If the defendant thinks that the case might end in your favor anyway, he or she could offer a settlement amount that will most likely be less than what you’re looking for — but it could be enough to cover what you need. You could get compensation much more quickly than if you waited and pursued the lawsuit. You could also avoid having much of your court award taken away by increasing costs. While you’d still have legal fees to pay after a settlement, the fees wouldn’t be quite as high as they would have been had you waited.
You don’t have to accept the first settlement amount that you’re offered. However, you do have to be realistic about what you can get. If you’re offered a settlement, discuss it with your lawyer before accepting or rejecting it to ensure that you’re making the right move.
If you’ve been injured and want to sue the person who caused your injury, contact Eisenberg Law Offices at (608) 256-8356. One of our attorneys can help you with the case and evaluate settlement offers to ensure you’re getting the right deal.
This post was first published at https://www.eisenberglaw.org/why-settling-a-personal-injury-claim-can-be-of-benefit/

Understanding Wisconsin Domestic Violence Law

Wisconsin takes domestic violence laws seriously. This comes from a place of wanting to protect the safety of all of its citizens. Still, if you don’t understand how this area of law works, you might find yourself in trouble for your actions or words. Before you get to that point, take the time to understand just what domestic violence means in Wisconsin.
Who Do These Laws Protect?
Domestic violence laws come into play between family members or any people living together. If you live with your spouse, your ex-spouse, your parents, or even a roommate, you may be subject to domestic violence charges. All that is required is an incident in which one person hurts or threatens another who lives with him or her.
What Is Domestic Violence?
You probably think of domestic violence when a man beats his spouse. This certainly qualifies, but it is only part of the picture. Domestic violence does not require physical harm for charges to be filed. It includes any of these incidents:

1. Any act intended to cause pain to another person;
2. Any act to intentionally impair someone; or
3. Any act that creates a reasonable fear in another person that physical harm will result.

None of these categories requires that someone is physically injured. Trying to hurt someone, or threatening to hurt someone, can qualify–and get you into a lot of trouble.
Legal Consequences of Domestic Violence
If someone calls the police about an incident in your home, they will determine whether any of the three categories of domestic violence has occurred. They will look at whether anyone is hurt, look at any criminal history for everyone involved, and assess the level of fear present. If you are arrested, you can face restraining orders, fines, and jail time. You also get a criminal record that will follow you for the rest of your life.
If you have been arrested for domestic violence, you need to take the charges seriously. The experienced lawyers at Eisenberg Law Offices can help. Contact us today, online or at (608)256-8356.
This post was first published at https://www.eisenberglaw.org/understanding-wisconsin-domestic-violence-law/

Getting a Lawyer After You Are Arrested

When you get arrested, your mind starts racing. You think about your friends and your family, about what you are going to do. Hopefully, you also think about contacting a lawyer. Before you do, though, you have some time to stop and plan. You don’t want to call the first attorney you hear about. Instead, do a little work and make sure you find the right person for your case.
Research Your Choices First
First, you need to look into lawyers who practice criminal law. If you are arrested in the Madison, Wisconsin area, you don’t want to call on an out-of-state lawyer who does not know the local laws or court rules. You also want someone who has a good reputation and works in criminal court; a great civil lawyer might be out of his or her element working against a prosecuting attorney.
Find the Right Experience
There is more to experience than just knowing the court and practicing in your area of law. You want someone who has handled your kind of case to represent you well. White collar criminal defendants deal with very different legal issues from domestic assault defendants or drug possession defendants. When your freedom and your criminal record are on the line, you do not want to work with someone who dabbles–no matter how smart or accomplished he or she is in another area of expertise.
Don’t Wait Too Long
While you want to get your choice right, you also can’t wait too long before you hire an attorney. The criminal law process works much more quickly than civil cases do, so you need to find strong representation. Ask friends and family to help you look into your options, and try to meet with an attorney within a few days of your arrest. That face to face meeting can help show you how well you can work with someone.
If you are looking for experienced representation after an arrest, contact Eisenberg Law Offices, online or at (608)256-8356. We have the experience and the knowledge you need for your defense.
This post was first published at https://www.eisenberglaw.org/getting-a-lawyer-after-you-are-arrested/

Recovering Costs for Physical Therapy After a Slip and Fall

Medical care costs more in Wisconsin every year. If you’ve been in an accident, your time in a hospital or visiting your primary doctor afterward is a big part of your costs, but it doesn’t end the story. Often, you have to go through ongoing treatment, including physical therapy. When you file a claim for your injuries, you don’t want to leave this out.
When You Need Physical Therapy
Hospital care and treatment often focus on the larger, structural issues you face when you are injured. Broken bones, lacerations, and other damage to your body are easy to spot. Physical therapy focuses on the soft tissue and the issues that lie under the surface. You may need to work to regain mobility in your legs, shoulders, or other joints and muscles in your body. It takes time, but it is a critical component to achieving full recovery.
Document Your Costs
When you go through physical therapy, you will need to identify your costs before you can recover damages. These damages include not just your out-of-pocket expenses, but the full value of the care you receive. Your receipts will show only what you pay; make sure you retain the breakdown of what this therapy costs before insurance and discounts. All of this helps you show the value of care you receive, and therefore the amount in damages that someone responsible for your injuries should expect to pay.
Finish First
If the person responsible is insured, the insurance company may make a settlement offer right away. This can be tempting; you may need the money, and having it in hand might make some short term problems go away. Remember, though, that insurance companies thrive by paying out as little as possible. If you need more physical therapy than you initially expect, a settlement removes your ability to recover your full damages.
Before you settle your injury claim, speak with the attorneys at Eisenberg Law Offices. We will help you get the recovery you deserve. Contact us online or at (608)256-8356 to learn more.
This post was first published at https://www.eisenberglaw.org/recovering-costs-for-physical-therapy-after-a-slip-and-fall/

When to Contact a Personal Injury Attorney

If you are injured in an accident, you need to think first about healing. As the medical bills and time away from work add up, it makes sense to think about whether you deserve compensation for your injuries. If someone else caused your injuries, it may be time to seek a personal injury attorney to help you.
Who Caused Your Accident?
One of the first questions to consider is who caused your accident. Sometimes accidents just happen, through your own distraction or bad luck. Often, though, someone else’s negligence or reckless behavior leaves you hurt and struggling. If another driver was intoxicated or speeding or creates dangerous conditions that make the other driver responsible, you need a lawyer. Similarly, if you are on someone else’s property and that person did not safely maintain it, you may be able to recover damages. Think about how your accident occurred, and if someone else is responsible, you should speak with an attorney.
How Badly Were You Hurt?
Not all injuries are worth the stress of a lawsuit. If you are not going to miss any work time, or you come away relatively unharmed, you may not need an attorney. On the other hand, keep in mind that your damages can include the cost of property damage, lost wages, and medical expenses. You may even have an adrenaline rush right after the accident that leaves you feeling fine, with the physical or psychological damage revealing itself later. Don’t assume that just because you feel okay right after an accident, you are fine.
What Do You Need to Know?
One of the biggest reasons to contact a personal injury lawyer after you are hurt is that you may not know your rights. Discussing your accident with an attorney can help you sort through what happened and understand the claims you may have against someone. If you have been injured and want to learn more, contact Eisenberg Law Offices, online or at (608)256-8356.
This post was first published at https://www.eisenberglaw.org/when-to-contact-a-personal-injury-attorney

Personal Injury Case For An Injured Child

3 Ways An Injured Child Personal Injury Case Differs From Adult Cases

If a child is injured due to the actions, or even inactions, of another party, his or her parent or guardian can pursue a personal injury case on the minor’s behalf. This is similar to how an adult who is injured by another party can pursue a personal injury claim to try and reclaim damages for their injuries. However, there are three ways in which a personal injury case involving a child differs from that of an adult:

1. The statute of limitations is longer for children than it is for adults.
2. The “standard of reasonableness” is applied differently.
3. Settlements awarded to the injured child are protected by the court.

The Statute Of Limitations Is Longer For Children Than It Is For Adults
Wisconsin, along with every other state, has a time period within which a personal injury claim must be filed. This is called a statute of limitations. Once the statute of limitations has expired, victims are unable to file lawsuits against the negligent party. In Wisconsin, the statute of limitations on a personal injury claim is generally 3 years from the date of the injury…if you are an adult. If the injured party is a child, the statute of limitations expires two years after the child turns 18.
The idea behind this extended statute of limitations is to allow the injured child a chance to decide for him or herself, as an adult, whether or not they want to file a lawsuit. 
The “Standard Of Reasonableness” Is Applied Differently
Every personal injury case applies the legal doctrine “standard of reasonableness” to determine fault in the case. This standard examines whether or not the decisions made by the victim were legitimate or reasonable, given the situation. As an example, if an adult is hit by a car while crossing the street, but did not look both ways before crossing, it could be argued that the pedestrian was partially at fault for the accident since he or she did not exercise reasonable care. This standard of reasonableness is harder to prove when the victim is a child and depends greatly on the child’s age.
In Wisconsin, the state has determined that anyone under the age of 7 cannot be found negligent under this standard. If the child is over the age of 7, the question becomes how we would expect a reasonable child of that same age to act in that situation. While this does protect young children from being held to adult standards, it forces adult jurors to gauge the “reasonableness” of a child, which can be challenging.

Settlements Awarded To The Injured Child Are Protected By The Court

The third way an injured child case is different from an injured adult case is in how settlements are awarded. If a settlement is awarded, parents do not receive the money. Instead, it is put into a protected account.  Parents must petition the court every time they want to withdraw funds. Although general child-rearing expenses are not covered by the fund, the money can be used for medical expenses or care related to the injury. Once the child turns 18, the money is released to him or her.

Consult a Personal Injury Attorney If Your Child Has Been Injured

These are just three common examples of how personal injury lawsuits may be different for children as opposed to adults; there may be other factors that can influence the case, which is why a consultation with a personal injury attorney is essential to securing a favorable outcome. If your child has been injured and you are wondering if you have a case, contact the personal injury attorneys at Eisenberg Law Offices in Madison, WI to arrange a free consultation. Contact Eisenberg Law Offices at 608-256-8356 or Info@eisenberglaw.org to arrange your consultation today.
This post was first published at https://www.eisenberglaw.org/personal-injury-case-for-an-injured-child/

Wisconsin Bond Conditions And Criminal Charges

Bond and Bail as They Relate to Criminal Charges in Wisconsin

Bond and bail are two terms related to criminal charges that are used almost interchangeably in Wisconsin. However, they are two separate and distinct issues, though it is possible for the accused to be assigned both bond and bail.
Bail and bond are used to:

1. Ensure the defendant appears in court,
2. Protect others from harm brought by the defendant, and
3. Prevent witness intimidation.

Bail
Bail or "cash bail" is a term that refers to an amount of money that must be paid in order to be released from jail until the accused is required to appear in court. A judge sets the bail amount, which is only used if the judge determines that the accused would be unlikely to report to court "of their own recognizance" or on their own honor. Judges must take into account the ability of the accused to afford the bail and should set it only "in the amount found necessary to assure the appearance of the defendant."
Bond
Bond refers to a set of conditions that must be met by the accused in order to retain their freedom while awaiting trial. Different cases have different conditions. For example, if you are charged with an OWI, you may be restricted from driving if you have consumed any alcohol at all or within a certain period of time before you get behind the wheel. Those facing domestic abuse charges may be restricted from contacting their accuser. If the Wisconsin bond conditions imposed are not met or are ever disregarded by the accused, he or she can find themselves back in jail until the trial date arrives or may even face new charges.

How a Judge Sets Bond and Bail

Judges take several factors into account when deciding whether or not to set bond and/or bail. The first question they will consider is, "How likely is it that the defendant will appear for trial?" To determine the likelihood of the defendant's appearance, judges will consider:

• Where the defendant lives and his/her ties to the community.
• The defendant's history and whether or not there is a history of missed court appearances.
• The severity of the criminal charges against the defendant.

As an example, a defendant who lives locally, owns a home in the community, has children in the local schools, and a job in the area is far less likely to flee the charges than one who lives out of state. The defendant who lives locally may be released without cash bail, whereas the one who lives in another state may have to post cash bail.   
A judge will also consider the defendant's criminal background and whether or not he or she has missed court dates in the past. A defendant who has faced criminal charges in the past and missed court dates is more likely to be required to post cash bail than one who has not faced charges before or one who has faced charges but adhered to their court dates.
A judge will also consider the type and severity of the criminal charges levied. More serious charges or those that threaten another person will likely lead to bond and/or cash bail requirements. The logic is that the more serious the charge, the more likely the defendant will flee.

Criminal Defense Attorneys Can Help Reduce Wisconsin Bond Conditions and Bail Amounts

One of the most common reasons defendants first contact the Eisenberg Law Offices criminal defense attorneys is because they cannot meet the bail or bond requirements set against them. This is absolutely the correct action to take. A criminal defense attorney can file a bond modification motion which asks the court to reduce the bail amount. There is no guarantee that the amount will be reduced, but a skilled attorney will be able to argue the facts of the case in your favor and give you a fighting chance. It is possible that the judge will review the case, change his/her mind and reduce the bail amount or even remove it entirely.
Similarly, if Wisconsin bond conditions are proving to be particularly problematic for the defendant, an Eisenberg Law attorney can use the bond modification motion to ask for a modification of the bond conditions. This can be especially helpful for defendants who are most at risk of being charged with additional crimes if they cannot adhere to their bond conditions.
Wisconsin bond conditions and bail amounts add complexity to criminal charges. Depending on the requirements set, they can be unattainable or incredibly cumbersome for some defendants. If you are facing criminal charges in Wisconsin and are struggling with the bond or bail requirements, contact Eisenberg Law Offices right away for help. When contacted before the initial court appearance, we can often help get bond and bail requirements reduced or eliminated.
Contact Eisenberg Law Offices at 608-256-8356 or email info@eisenberglaw.org to schedule a free consultation.

Truck Accident Liability Extends Beyond The Driver

How Truck Accident Liability May Not Be Due To A Negligent Truck Driver 

Trucking accidents are some of the most devastating of roadway accidents. Commercial trucks are much larger than passenger cars and trucks which often results in severe, life-threatening injuries to drivers and passengers of these smaller, more lightweight vehicles. Sometimes, the accident is the result of a negligent truck driver, but at other times, the truck driver is just as much a victim as those in the other vehicle.
Determining Liability
A trucking accident case starts with determining truck accident liability. There are many different parties who may have some responsibility for the accident, so a thorough investigation is necessary in almost every case. The process involves gathering evidence, interviewing witnesses, reviewing police reports and employment records to determine just who may have played a part in the accident.
Parties Who May Be Responsible For Truck Accident Liability
Circumstances in every truck accident differ, which is why it is so important to examine all of the facts surrounding the case and the situation that led to the accident. In some situations, it is possible for more than one party to be held liable for the accident. Those parties include:
A Negligent Truck Driver. A negligent truck driver may be found to be responsible for the accident – in total or in part. In general, truck driver liability involves reckless actions on the part of the driver, such as:

• Speeding
• Distracted driving
• Driving under the influence of drugs or alcohol
• Driving while fatigued
• Violating traffic laws
• Violating Federal Motor Carrier Safety Administration regulations

Truck Driver's Employer. The truck driver's employer can be found liable for the accident in two different ways. The first is through the principle of vicarious liability. This principle holds that an employee's negligence is passed on to the employer. The second way the employer could be held liable is if the employer's independent actions contributed to the accident. Those may include:

• Failure to conduct background check screening on the driver to ensure a safe driving record.
• Failure to properly train the driver.
• Failure to monitor the driver's actions.
• Failure to conduct routine drug testing.
• Requiring the driver to work hours that exceeded federal regulations.
• Failure to maintain the vehicle.

Product Manufacturer. In some cases, truck accident liability can be traced to a defect in the truck itself. In this situation, the truck manufacturer, or the manufacturer of the defective component, could be held liable. Defective components might include:

• Brakes
• Tires
• Steering columns
• Axles

Cargo Loaders. If a third party loads the truck and improper loading contributed to the accident, that third party loader could be responsible for the accident. Improper tie-downs and off-balance loads can both result in items moving around during transit. Trucks and trailers can be thrown off-balance, cargo may come loose and fall onto the road or hit other vehicles, causing an accident or property damage.
Maintenance Crew. If a third party conducts maintenance on the truck and maintenance was neglected, repairs ignored, or repairs made incorrectly and the accident happens because of a maintenance issue, the maintenance party could found liable for the accident.
Other Parties. Depending on the situation, there are several others who could be bear some fault for the accident. These include:

• Brokers
• Shippers
• Receivers
• Roadway maintenance departments

Consult A Truck Accident Lawyer For Help Obtaining Compensation
Those involved in a truck accident often have very serious injuries that require significant care and rehabilitation. Determining truck accident liability is crucial to securing adequate compensation to help victims pay for their recovery from the accident. The last thing you want to do in this situation is leave the case to chance and hope for the best. That will backfire on you and you are very unlikely to receive all of the compensation you are due.
The best approach is to consult an Eisenberg Law Offices personal injury attorney who is experienced in proving truck accident liability and advancing claims. We can help you determine liability and pursue the maximum amount of compensation for your injuries.
We offer free consultations to accident victims, which can be arranged by calling 608-256-8356 or emailing Info@eisenberglaw.org.