How Much Time Does Wisconsin Give Me to File an Injury Claim?

Generally, you have 3 years to file a personal injury claim

Wisconsin has a hard-and-fast rule about time limits for filing an injury lawsuit. The clock on the statute of limitations typically starts running once the injury occurs. In most cases, you have three years to file an injury lawsuit, whether the injury resulted from a motor vehicle accident or from someone else's negligence. This three-year limit is reduced to two years if there is a death.
Even if you're not sure about filing a lawsuit, you should speak with an attorney as quickly as possible so that you don't miss that two- or three-year deadline. Once it runs, there is no recourse. Time passes very quickly, and gathering the evidence needed to file a lawsuit can itself take up a lot of that time. Contact Eisenberg Law Offices at 608-256-8356 to speak with an attorney.
This post was originally published at https://www.eisenberglaw.org/how-much-time-does-wisconsin-give-me-to-file-an-injury-claim

How Juvenile Incarceration Affects Youth

Know the impacts of Juvenile Incarceration

If your child is facing juvenile charges in Wisconsin, you are likely worried about the present moment. What happens if he or she is incarcerated? Will your child be safe? While these are important concerns, you need to think about that child's future too. Studies show many harmful effects that juvenile incarceration creates as children grow. Avoiding time locked up can be critical to your child's development and future.
Health Impacts
Mental and physical health issues can arise after very little time incarcerated. According to a study by the journal Pediatrics, "How Does Incarcerating Young People Affect Their Adult Health Outcomes," even one month of incarceration for juveniles can lead to symptoms of depression in the adult years. Greater periods of incarceration lead to more mental and physical health problems, to the point of even having basic functional problems as adults.
Future Development
Health is not the only area that incarceration affects. According to a 2015 study by The Quarterly Journal of  Economics, juveniles who spend even one to two months incarcerated are less likely than their peers to ever return to school after they are released. If they do return, they are less likely to graduate and more likely to be placed in special education classes. When they become adults, they are also far more likely than their peers to be incarcerated again.
What This Means for You
Placing kids in juvenile detention does more than just teach them a lesson about responsibility or right and wrong. It impacts their health and their future prospects in ways from which they may never recover. While this gives reason to think about juvenile justice reform, you have a more immediate need: protecting your child.
At Eisenberg Law Offices, we have experienced criminal defense attorneys who will help look out for you and your child. We will meet with you and discuss your case, then help plan the defense approach that is best for your family. To learn more, contact us today online or at 608-256-8356.
This post was originally published at https://www.eisenberglaw.org/how-juvenile-incarceration-affects-youth/

What Can You Do After a Conviction?

You have some options after a criminal conviction

Sometimes things do not go your way in a criminal trial. You may feel you have received an unfair sentence, or you might think the conviction itself is wrong. It is not easy to get a second chance, but there are rules in place to let you ask. If you need to ask the court for relief after you are sentenced, working with an experienced criminal defense attorney can help you.
After a Guilty Plea
Sometimes defendants plead guilty as part of a plea deal with the prosecutor. In exchange for choosing not to fight the charges against you, you can agree to a lesser charge. The prosecutor may even recommend a more lenient sentence for you. Unfortunately, it does not always work in your favor. If the court gives you a harsher sentence than you believe you should receive, you can ask for reconsideration of the sentence, or in some situations can withdraw your guilty plea. You have to act quickly, so working with an experienced attorney gives you the best chance to get relief.
After a Criminal Conviction
After you are convicted, you may appeal to a higher court if you feel the trial court made a serious error. This can include requesting a less harsh sentence, a new trial, or reversal of your conviction.
You have a limited amount of time to file an appeal, so you cannot afford to wait. In addition, you have to show a good reason that the conviction was wrong. This can include errors in application of the law by your judge or jury, or ineffective assistance of counsel by your trial lawyer.
You Need Experienced Help
Neither of these processes is easy. If you want to file an appeal, you need an attorney who will take the time to fully understand your case, and has the experience to represent you on your appeal. Contact Eisenberg Law Offices online or at 608-256-8356 to learn more.
This post was originally published at https://www.eisenberglaw.org/what-can-you-do-after-a-conviction

Economic and Non-Economic Personal Injury Damages

Determining the value of your Personal Injury claim

Personal injuries come around in all kinds of ways. You can be injured while driving, on someone's business or personal property, or even on your own property. If someone else causes your injury through negligence or recklessness, you can file a claim for damages. Before doing so, it helps to understand just how a court or insurance company thinks and speaks about those damages. Broadly speaking, they fall into two categories: economic and non-economic damages. Measuring these damages together will help show you the value of your claim.
Understanding Economic Damages
Economic damages are the out-of-pocket losses you incur that connect to specific dollar amounts. The cost of your medical bills and any property damages fall into this category. Similarly, lost wages and funeral expenses fall into this category. These damages do not just involve what you have already suffered; they also go into the future. Any future wage loss or medical costs, for example, will count as economic damages you can recover. Your attorney will work with you and experts who can help you calculate these damages.
So What Are Non-Economic Damages?
After an accident, you may suffer losses that don't come with a specific price tag. This can include pain and suffering, loss of consortium, loss of companionship, and other damages that you have, but may have trouble quantifying. This is where an experienced personal injury attorney is critical to your claim's success. He or she can help you understand what the accident has really cost you, and help you recover those damages in your claim.
Bringing It All Together
In most personal injury cases, economic and non-economic damages both figure in to what you should seek. In the Madison, Wisconsin area, Eisenberg Law Offices has the experience to help you understand the losses your personal injury caused, and then work with you to get the most value for your claim. To learn more, contact us online or at 608-256-8356.

How to Value Your Motorcycle Accident Claim

Get help valuing your Wisconsin Motorcycle Accident claim

Motorcycle accidents often lead to significant injuries and property damage costs. If someone else causes the accident, you can expect their insurance company to come to you quickly with an offer. Avoiding the cost and time of litigation may be tempting. Before you accept any offer, though, you should see an experienced personal injury attorney. By talking you through your case, he or she can help you understand the value of your claim.
Injuries You Sustain
If you suffer serious injuries, your claim will be worth more. This takes into account not only your current medical costs, but future costs as well. Your injuries may impact your ability to work and your ability to enjoy your home life. Before you consider an offer, make sure you understand not only how severe your injuries are, but what you are really missing because of them.
Expenses
Your accident probably caused damage to your motorcycle, which you may need to repair or even replace. Your hospital bills certainly come into play as well. Other expenses can build, too. Childcare, lost wages, transportation costs, and many other costs large and small affect the value of your claim. Don't just look at the obvious bills your accident creates.
Pain and Suffering
You have likely heard about pain and suffering claims in lawsuits. Still, it often takes your own accident to show you how significant this can be. A serious accident can leave you in frequent or constant pain. You may suffer from mood shifts, anxiety, and other emotional struggles. Putting a price tag on this kind of suffering may seem strange, but it does become part of your claim's value.
Liability Offsets
Before you get to damages, you do have to show someone else was liable. If you were partially at fault, your award may be reduced. Working with an experienced attorney can help you understand the true value of a motorcycle accident claim. Contact Eisenberg Law Offices online or at 608-256-8356 to learn more.
This post was originally published at https://www.eisenberglaw.org/how-to-value-your-motorcycle-accident-claim/

Presentencing Investigations In Wisconsin

How The Presentencing Investigation Affects Sentencing In Wisconsin

Judges in Wisconsin are charged with determining the appropriate sentence for convicted offenders. They take many facts into consideration as they make a determination. The most influential facts come from the current case, but this is not the only information used to make sentencing decisions. Judges can also order a presentencing investigation or PSI. PSIs are comprehensive reports about the defendant's history and background, particularly in regard to previous brushes with the law. Some attorneys and judges consider the PSI to be the single most important document influencing judicial sentencing decisions.

The Presentencing Investigation Does Influence Judicial Decisions

PSIs gives judges a glimpse into the lives of defendants. The use of these reports began long ago when activists fought to understand the motivations behind criminal behavior in the hopes that alternative forms of treatment could correct the behavior and reduce incarceration and recidivism rates. Today, the judicial system relies on PSIs in a similar manner by sharing the defendant's history with the judge so he or she can recommend an appropriate course of action; one that will provide the best chance of rehabilitation.
A PSI will reveal facts about the defendant's childhood that may have influenced the actions today, such as growing up in an abusive household. The report might also reveal that the defendant has a mental illness or, if undiagnosed, that mental illness runs in the family. This information helps the judge determine whether or not the defendant might be helped by treatment programs in addition to or instead of a jail sentence. 
In felony cases, the judge will closely examine any past criminal history and may factor that into the sentencing. For example, if a group of young men are guilty of felony home invasion and one of them has no prior record while the others have a history of criminal activity, the judge may be more lenient on the one without a record of past crimes.

Wisconsin Defense Attorneys Help Defendants Navigate A PSI

PSIs play an important role in sentencing, but they aren't the only factor that judges take into account. A strong defense and sentencing argument by a skilled criminal defense attorney can make all the difference for the defendant's future. If you are facing criminal charges in Wisconsin, contact the defense attorneys at Eisenberg Law Offices in Madison.
Arrange a free consultation by calling 608-256-8356 or emailing Info@eisenberglaw.org today.
This post was originally published at https://www.eisenberglaw.org/presentencing-investigations-in-wisconsin/

Compensation For Bike Accident Injuries In Madison, WI

Compensation For Bike Accident Injuries

Biking is a great way to get some exercise, enjoy the fresh air, and get around towns and cities like Madison, WI, but it's not without risk. That risk can come from busy and congested roads, distracted drivers, poorly maintained sidewalks, or even rain and ice. The chance of bike accident injuries is much higher than the chances of sustaining injury in a car because bicyclists are completely exposed and unprotected, unlike vehicle drivers and passengers. When bicyclists do get injured, those injuries are also usually more severe than injuries sustained in a car accident. That can lead to more hospital stays, higher medical bills, longer treatment plans, and more time off from work.
These financial burdens occur on top of medical burdens that may already be straining the victim and his or her family. There are a few different avenues victims can explore to obtain compensation to help mitigate the financial strain of bike accident injuries: homeowner's insurance policies, health insurance policies, auto insurance policies, and personal injury claims.

Protection Through Insurance Policies

Insurance policies are intended to protect policyholders from these sorts of unexpected occurrences. Auto insurance policies will cover bike accidents involving a motor vehicle.  Homeowner insurance may cover your injuries if another bicyclist or pedestrian is at fault for the accident.  Similarly, if you have auto insurance, you may be covered for bike accidents if you carry medical payments coverage. If you've been injured by a negligent motorist, you can apply for compensation under their auto insurance policy. Finally, there is health insurance. This is likely going to be your first course of insurance protection since you'll use it as soon as you see a doctor for your injuries. Again, if you have specialty coverage such as medical payments through your health insurance, apply that to your bike accident; these coverages apply to both car and bike accidents.

Filing a Personal Injury Claim for Bike Accident Injuries.

A final option is to file a personal injury claim. If it can be proven that another person's action or even inaction led to your accident, you may be able to file a lawsuit to obtain compensation for your injuries. To see if your accident qualifies for a personal injury claim, contact the personal injury attorneys at Eisenberg Law Offices in Madison, WI for a free consultation. We will ask you about the facts of your situation and be able to tell you if you have enough cause to pursue a personal injury claim.
Contact Eisenberg Law Offices at 608-256-8356 or by email at Info@eisenberglaw.org to schedule your free personal injury consultation in Madison, WI.
This post was originally published at https://www.eisenberglaw.org/compensation-for-bike-accident-injuries-in-madison-wi/

Lifetime License Revocation For 4th OWI In Wisconsin

Automatic Lifetime License Revocation Follows 4^th OWI In Wisconsin

The years 2016 and 2018 saw big changes to Wisconsin's OWI penalties. As a result of 2016's Senate Bill 455, a 4^th OWI in Wisconsin is now considered an automatic Class H felony, regardless of the amount of time that has passed since the 3^rd OWI conviction. Prior to the change, a 4^th OWI was considered a misdemeanor, unless it occurred within 5 years of the 3^rd OWI charge.
In 2018, Senate Bill 135, now Wisconsin Act 172, made the penalties for a 4^th OWI offense or higher even more severe with a lifetime license revocation if the previous offense was within 15 years. The lifetime revocation may also be applied if a driver has two convictions for felony vehicle-related crimes.

More Severe Penalties For Fourth OWI In Wisconsin

Along with changing a 4^th OWI from a misdemeanor to a felony, the new laws also come with more severe penalties. At a minimum, a conviction carries with it:

• Not less than $600 in fines
• Imprisonment of at least 6 months
• Or both

The new maximum penalties for 4^th OWI in Wisconsin include:

• Up to $10,000 in fines
• Imprisonment of up to 6 years
• Or both

The penalties for operating a vehicle after license revocation have increased to:

• $2,500 in fines
• One year in jail
• or both if the revocation was the result of an OWI-related offense

Second offenses increase the penalty to as much as $10,000 in fines, one year in jail, or both.
In addition to the fines and penalties listed above and the possibility of a lifetime license revocation, 4^th OWI offenders will be unable to obtain an occupational license, though they can apply for license reinstatement 10 years after their conviction. Reinstatement requires applicants to file and maintain proof of financial responsibility for the future and they cannot have been convicted of any other OWI related offense during the prior 10 years. 45 days before the request for reinstatement, offenders must undergo an assessment for use of drugs or alcohol.

Don't Risk A Lifetime License Revocation

The loss of a driver's license for life will have a devasting impact on most drivers. When coupled with a felony conviction, the repercussions are even direr. A 4^th OWI conviction will change your life in all areas, from your career choices and living options to even just the simple freedom of getting around. If you are facing OWI charges in Wisconsin, whether it is your first offense or a subsequent offense, it is vital to your future that you speak with an OWI attorney at Eisenberg Law Offices.
Our OWI attorneys can help you fight the charges by examining the evidence against you and the procedures used to arrest you to ensure you were treated in accordance with the Constitution.
If you are facing OWI or DUI charges in Wisconsin, schedule a free consultation with Eisenberg Law by calling 608-256-8356 or emailing Info@eisenberglaw.org today, so we can start building your defense.
This post was originally published at https://www.eisenberglaw.org/firm-overview/articles/lifetime-license-revocation-for-4th-owi-in-wisconsin/.