Eisenberg Law Offices | Law Firms in Madison WI

Eisenberg Law Offices | Law Firms in Madison WI

Friday, January 24, 2020

Car Accident Aftermath: How to Deal With Your Insurance Company


Some tips for dealing with your insurance company after a car accident

Your insurance company is usually on your side when you get into an accident. However, the sheer amount of communication you have to initiate and track -- not to mention the records and other paper trails you may have to obtain or monitor -- can make you feel like the opposite is true. The process of filing an insurance claim and recouping costs does not have to be that complicated, and if you know what to do when you contact your agent, your experience can be much more efficient.
Once you get your agent on the phone, tell them exactly what happened. Even if the accident is your fault, you really don't want to leave out information. If there is a police report, the agent will get a copy -- and they'll find out what happened anyway, which will result only in more calls that you have to make.
But telling the agent exactly what happened is about more than just those calls -- whatever you tell the insurance company and the police go on record, and if you end up suing another party involved in the accident, you want your records to be as complete and as accurate as possible.
Speaking of records, get copies of whatever the police and the insurance company create. You'll want copies of the police report, any pictures you took, any insurance claim forms, and more. It's better to have those now in case you do decide to go to court; you'll save time because you won't have to hunt down records to show your lawyer.
Your agent should help you get the compensation you need according to what your insurance policy allows. If you need more, say for huge medical bills that exceed your and the other party's auto insurance coverage, you may have to head to court. If you decide that's the best option, speak with a lawyer at Eisenberg Law Offices at 608-256-8356. You want to confirm that your case has a good chance of winning -- and to do that, you'll need all those records you created earlier.
This post was originally published at https://www.eisenberglaw.org/car-accident-aftermath-how-to-deal-with-your-insurance-company/

Wednesday, January 22, 2020

White Collar Crime Is More Serious Than Many Realize


In Wisconsin, white collar crimes are taken seriously

White collar crime tends not to involve violence -- in fact, it has a reputation of being almost "boring" to the average person -- and that means that many don't realize that white collar crime is serious. Most people understand that fraud and embezzlement are not minor, but there is a disconnect between perception and reality when it comes to these types of financial crimes. However, white collar crime definitely is not as minor as its reputation makes it seem.
Crimes that fall under the white-collar label are financial and usually seem almost unobtrusive -- you don't know anything's gone wrong for a while. Fraud, embezzlement, and tax evasion are examples of white collar crime.
Fraud can range from creating fraudulent charities or impersonating financial institutions to setting up fake rental ads and taking people's deposits. Insurance fraud has been around for a while, and a range of fraud perpetrated over the internet is now a common occurrence. Embezzlement involves skimming or diverting funds from their intended purpose or destination and using those funds for personal gain. You often hear of cases such as when someone at a foundation siphons hundreds of thousands of dollars from the foundation's general fund over 20 years, but embezzlement can be a one-time event as well.
As for tax evasion, that's exactly what it sounds like -- someone trying to avoid paying taxes through illegal tactics. There's nothing wrong with taking deductions, using tax-deferred accounts, and making other tax-saving moves allowed by law, but you can't hide income or willfully misreport profits and losses. Additional types of fraud involve hiding assets in bankruptcies, forging checks, and other money-related illegalities.
Courts treat fraud and other white collar crime seriously, and if you're facing these charges, you need help immediately. Contact Eisenberg Law Offices at 608-256-8356 to speak with a lawyer.
This post was originally published at https://www.eisenberglaw.org/white-collar-crime-is-more-serious-than-many-realize/.

Monday, January 20, 2020

Penalties for Probation Violation in Wisconsin


Wisconsin probation violation penalties

After you are convicted of a crime, one of the best outcomes you can get is probation. Whether this comes in lieu of jail time or after you serve part of your sentence, it can feel like freedom. Unfortunately, you still have conditions you have to meet to keep that freedom. Violating your probation can lead to a longer probation or even jail time.

Ways to Violate Your Probation

Any time a court places you on probation, it orders conditions you have to meet. Part of this includes checking in with your probation officer, appearing in court at scheduled times, and staying within a specific area during your probation. Violating any of these conditions can get you into trouble.
Other violations can also give you problems. Probation gives restrictions against both criminal activity and some social activity. Your probation order may prohibit you from contacting certain people, and will certainly prohibit drug use, possession of weapons, and committing other crimes.

Penalties for Probation Violations

The court has some discretion in imposing penalties for violating your probation. At a minimum, you can expect to have your probation extended beyond its original period. You can also have new terms added to your probation, giving you even more to keep track of doing. The judge can also revoke your probation and impose jail or prison time.
The easy way to avoid going back to jail is to stick to the terms of your probation. This requires discipline and attention to detail. If you do violate those terms, though, you should work with an experienced criminal defense attorney.
If you are in the Madison, Wisconsin area, Eisenberg Law Offices can help you with your probation violation charges. Contact us online or at 608-256-8356 to help protect your rights and preserve the terms of your probation.
This post was originally published at https://www.eisenberglaw.org/penalties-for-probation-violation-in-wisconsin/.

Friday, January 17, 2020

OWI Charges When You Are Below the Legal Limit

You can still be charged for an OWI if you are below the limit

Wisconsin, like most states, has a threshold blood alcohol content that defines legal intoxication. That limit, .08, is the point at which you will automatically be found legally intoxicated. Unfortunately, testing below that level may not be enough to free you of OWI charges. If you are arrested for an OWI, you will need to work with an experienced criminal defense attorney.

What OWI Really Means

OWI stands for operating while intoxicated. One measurement of intoxication is the legal limit for blood alcohol content. If you take a breathalyzer or blood test and measure higher than .08, you may be found guilty. There are other ways to measure intoxication, though. Every individual is different. Some people will be impaired at lower levels, and police officers will look for signs before they give a test.
When a police officer pulls you over, he or she often conducts field sobriety tests. They look for signs like slurred speech, slow movements, and loss of balance. If you show any of these signs of intoxication, you can be arrested even without testing at the legal limit

Building Your Legal Defense

If you are arrested for OWI, this can be frustrating. Remember that there is no level of safe drinking and driving. If you have had even one drink, there is a good chance that it will affect your judgment and your driving ability. Even if you are below the legal limit, driving when you are impared remains illegal.
On the other hand, being below the legal limit gives you room to argue. An experienced criminal defense attorney might look at whether the police officer was justified in pulling you over or testing you. He or she can also challenge whether the police officer conducted the field sobriety tests appropriately. Being under the legal limit may not save you, but it gives you a chance.
If you are in the Madison, Wisconsin area, Eisenberg Law Offices can help with your OWI defense. If you are arrested when you are below the legal limit, contact us online or at 608-256-8356 to build your defense.
This post was originally published at https://www.eisenberglaw.org/owi-charges-when-you-are-below-the-legal-limit/.

Wednesday, January 15, 2020

Personal Injury Claims When You Are Partially At Fault

How to determine fault for a personal injury claim

Accidents happen. When they do, figuring out whose fault it was can be complicated. You may have made a mistake, and it can leave you believing that you can't do anything about it. Fortunately, this is often not the case. An experienced lawyer can help you with your personal injury claim, even if an accident was partially your fault.

Sharing the Blame

It can be too easy to blame yourself for an accident. On the highway, you may have reacted too late to another driver's actions. You may look away for a moment and slip and fall on someone's property. In these situations and many others, the other party will try to blame you for your own injuries. This approach can discourage you from even filing a claim--which is exactly what they want. If you accept all the blame, you won't recover for someone else's negligence.

Contributory Negligence in Wisconsin

Fortunately, the law recognizes that more than one person can be at fault. Wisconsin, like most states, does not keep you from recovering when you are partially responsible for an accident, unless a court finds that you are more than fifty percent responsible for what happened. That means that if another person was at least as responsible for your accident as you, you can recover damages.
In these situations, courts reach a decision on how much responsibility you bear, and reduce your damages accordingly. If your mistake made you forty percent responsible, for example, any damages you suffer will be reduced by that amount. In that scenario, a $1 million damages determination would leave you able to recover $600,000 from the other party.

Getting Experienced Legal Help

None of this is simple. After an accident, you need legal help from experienced attorneys who can not only help you understand your case, but break it down and show a court that your mistake does not outweigh the negligence of others. For help in Madison, Wisconsin, contact Eisenberg Law Offices, online or at 608-256-8356. We will help you get the recovery you deserve.
This post was originally published at https://www.eisenberglaw.org/personal-injury-claims-when-you-are-partially-at-fault/.

Monday, January 13, 2020

What to Do After an Accident with a Semi-Truck

Any accident you experience on the road is scary. Accidents with semi-trucks, though, create particular dangers for you. The large vehicles, traveling at highway speeds, can cause a lot of damage when something goes wrong, and often leave other drivers with significant injuries. If you have been in an accident with a semi-truck driver, you need to protect yourself and your legal rights.

How Accidents with Semi-Trucks Happen

Truck drivers often work long hours driving. This can leave them tired and prone to mistakes. Even professional drivers can get into trouble in these situations. If something goes wrong, whether hitting a patch of ice on a Wisconsin highway or having a tire blow out, these large vehicles and their trailers lose control, veering into other traffic. Depending on what the driver is hauling, the contents can spill and create all kinds of other hazards as well.
Unfortunately, when a semi-truck loses control, you may not be able to avoid a collision. These accidents will often destroy your vehicle and cause serious injuries to you and others traveling with you.
Protecting Your Legal Rights
The most important thing after a semi-truck accident is to seek medical help. Treat your injuries and take care of yourself and those with you. Your health and well-being need to come first. That said, make sure you get documentation of your injuries, treatment, and costs. Keep track as well of the time you need to recover and any lost work, because all of this is part of what you can recover.
As soon as you can, get the information on the other driver, his or her insurance coverage, and the employer. Semi-truck drivers usually work for a trucking company. If the accident occurs in the course of their employment, both the driver and the company will be liable for your damages.
The legal framework for your recovery can be complicated. Before you try to work out a settlement with the driver's insurance company, contact an experienced personal injury attorney. Eisenberg Law Offices is here to help in the Madison, Wisconsin area, online or at 608-256-8356.
This post was originally published at https://www.eisenberglaw.org/what-to-do-after-an-accident-with-a-semi-truck/.

Friday, January 10, 2020

Second Offense OWI | Wisconsin Second Offense Penalties


Penalties for Second Offense OWI in Wisconsin


It should come as no surprise that the penalties associated with a second offense OWI in Wisconsin are more severe than those for a first offense OWI. One of the reasons for this is because first offenses are considered civil offenses/violations while second offenses are a criminal offense/violation without exception. This naturally leads to more severe repercussions.

Criminal charges for a second OWI include jail time, monetary fines and loss of driver's license for up to 18 months, but specifics depend on the circumstances of the situation.

Possible Penalties For Second Offense OWI


An OWI is considered a second offense in Wisconsin if the driver has received a prior OWI conviction in the last ten years. Although the state has set minimum and maximum penalties for the offense, the judge in the case will determine the actual sentence handed down, but it will be within the minimum and maximum ranges. This may include:

·         Jail time ranges from five days to six months. The range is doubled if there was a passenger under 16 years of age in the vehicle at the time of the offense.

·         Fines range from $350 to $1,100 for second OWI convictions. This minimum and maximum doubles with a BAC of .17% to .199%. It triples for a BAC of .20% to .249% and quadruples for a BAC of .25% or higher.

·         An Alcohol and Drug Assessment is mandatory for all OWI convictions in Wisconsin. An assessment will be made and drivers may be required to complete additional treatment, OWI classes or other rehab programs based on the results of that assessment.

·         Up to 18 months driver's license revocation is possible.   

·         Ignition Interlock Device (IID) will be ordered for at least one year upon reinstatement of the driver's license or occupational license.

·         Other consequences include the cost of alcohol and drug assessment programs, mandatory high-risk auto insurance rates, potentially higher life and health insurance rates, time off work, impound fees, and more.

Protect Your Future With Help From Eisenberg Law Offices' OWI Attorneys


The costs associated with a second OWI in WI can easily reach into thousands of dollars and the impact on your life can be ruinous. This is why it is so important to have an experienced OWI defense attorney representing you if you are charged with an OWI. The Eisenberg Law Offices' OWI attorneys can help by arguing for a reduced sentence or may even be able to help you avoid conviction entirely.

If you are facing OWI charges in Wisconsin, whether it is your first or second OWI or more, contact our team at 608-256-8356 or by emailing Info@eisenberglaw.org to arrange a free consultation. Your future is too precious to leave to chance.
This post was originally published at https://www.eisenberglaw.org/second-offense-owi-wisconsin-second-offense-penalties/.

Wednesday, January 8, 2020

Personal Injury Liability In Multiple Vehicle Accidents

Determining Liability for Personal Injury Claims in a Multiple Vehicle Accident

On the face of it, a multiple vehicle accident can appear to be the fault of the last driver in the chain, but in reality, any of the drivers could be at fault, even more than one of them. This is because multi-vehicle accidents often occur due to a combination of factors – weather, speed, traffic on the roads, time of day, and road conditions - as well as driver actions. Drivers themselves range from newly licensed to those with decades of driving experience and from professional or commercial drivers to those who drive only occasionally.
These are just a few of the reasons why a personal injury claim about a multi-vehicle accident requires investigation and a thorough examination of evidence. There are simply too many factors at play to easily determine who is liable for the accident.

Factors That Influence Multiple Vehicle Accident Liability

Personal injury attorneys will examine all of the above-mentioned factors and more to determine liability in a multi-vehicle accident. This helps ensure the client is given access to all areas of potential compensation and that the party that is liable is held responsible for their actions. In general, you can expect your attorney to investigate:
  • All drivers involved in the accident. Attorneys will try to ascertain the driver's actions and behaviors leading up to the accident to determine if those actions or behaviors may have contributed to the accident.
  • All vehicles involved in the accident. Faulty equipment or vehicle malfunction can cause accidents or contribute to the injuries sustained. For this reason, attorneys will always look at the vehicles' repair and maintenance histories to find out if there was any mechanical issue that may have influenced the accident.
  • Site conditions. The location of the accident and conditions of the site at the time of the incident will also be examined. Construction activities, delivery trucks that block line of sight, and road conditions can all contribute to an accident and may indicate that someone other than a driver is at least partially liable for the accident.
If you are ever involved in a multiple vehicle accident for which you pursue an injury claim you should expect your attorney to examine these factors and more to successfully advocate your position. Your attorney can even interact with insurance companies on your behalf if you feel you are wrongly denied compensation or are offered a payout that is unacceptable.

Let Eisenberg Law Advocate For You

There is no reason to be intimidated by a multi-vehicle personal injury claim when Eisenberg Law Offices is on your side. Our personal injury attorneys have decades of experience investigating claims, building arguments, dealing with insurance companies, and navigating the legal process to help our clients recover financial compensation after car accidents.
If you or a loved one has been involved in a car accident or is having trouble managing the insurance claims process, contact Eisenberg Law Offices at 608-256-8356 or by emailing Info@eisenberglaw.org. We can help make sure the facts are investigated and that you receive fair treatment throughout the process.
This post was originally published at https://www.eisenberglaw.org/personal-injury-liability-in-multiple-vehicle-accidents/.