Don't Leave the Scene of a Car Accident Even if No One Was Hurt

 

You could face criminal charges if you leave the scene of an accident

Something that catches many off-guard is the issue of when one can leave the scene of a car accident. Common sense would say you shouldn’t leave until all parties have gotten what they needed, be that insurance information or medical help. Yet it’s not uncommon for people to just leave – basically making the accident a hit and run – instead of sticking around. They don’t want to get into trouble, is their thinking, but leaving can land them in an even bigger mess.

No Injuries Doesn’t Mean No Problem

In Wisconsin, leaving the scene of an accident you were involved in is either a misdemeanor or a felony, depending on whether or not the other driver is injured. In an accident where you damage property, or one in which there were no injuries, you could be charged with a misdemeanor that could get you a fine and potential jail time of up to six months.

It gets worse if the other party suffered injuries. If the injuries were minor, and you left (note that there is an exception for going to get help, but you have to return to the scene of the accident as soon as possible), you’d still be charged with a misdemeanor, but now you’d have to deal with a larger fine and up to nine months in jail.

If the injuries were considerable, and you left, you’d be looking at felony charges that could land you in jail for up to 10 years. Wisconsin takes hit-and-run accidents seriously.

If you’ve been involved in an accident and are accused of leaving the scene, you need legal representation now. You’ll need to show that you did stay at the scene, or that if you left, it was to seek help. Contact Eisenberg Law Offices at (608) 256-8356 to speak with an attorney.

This post was originally published at https://www.eisenberglaw.org/dont-leave-the-scene-of-a-car-accident-even-if-no-one-was-hurt/

Factors That Juries Use to Determine a Personal Injury Award

 

How much is your Personal Injury claim worth?

The potential for large awards in personal injury cases means plaintiffs have a chance to receive compensation that pays for their medical care, wage loss, and pain and suffering. However, actual awards aren’t always so big, and that can be a shock to someone who thought they had an airtight case. Awards are determined by looking at specific factors, and juries don’t arrive at these amounts lightly.

The Evidence Has to Be Clear

It’s one thing to present a jury with hospital bills, medical records, and wage loss when asking for an award; in those cases, the jury has hard numbers to go by. However, when you throw emotional harm, pain and suffering, loss of enjoyment of life, and other intangible amounts into the mix, the jury has to make judgment calls about how much money you’re entitled to. If the evidence isn’t that clear, then you may end up with a smaller award than you’d hoped to get.

Was the Jury Swayed by Emotion?

Sometimes an emotional appeal is best, and if the appeal convinces the jury that you deserve more money, then that will increase your award. But if your case isn’t that sympathetic, you may find that your award shrinks.

Restrictive Instructions

Judges instruct juries before deliberations, and the instructions may restrict what the jury can consider.

Jury Judgment Issues

Sometimes juries get it so wrong that the judge takes matters into his or her own hands and changes the award. The best way to ensure a fair award is to get as much evidence as possible to support your case.

Personal injury cases need excellent representation by an attorney who will seek out even the slightest bits of evidence to put together a great case. If you think you have a personal injury case, contact Eisenberg Law Offices at (608) 256-8356.

This post was originally published at https://www.eisenberglaw.org/factors-that-juries-use-to-determine-a-personal-injury-award/

Consequences of Theft Charges in Wisconsin

 

Being charged for Theft in Wisconsin is serious business!

Getting arrested for theft in Wisconsin carries significant repercussions for you. You probably expect this. What you might not realize is how broad theft can be. Understanding the nature of the crime, and the consequences a conviction brings, is important for anyone at risk of arrest. If you have been charged with a theft crime, you should consult an experienced criminal defense attorney immediately.

What Constitutes Theft?

Theft includes the combination of intentionally taking someone’s property without consent and intending to permanently deprive that person of the property you took. This includes stealing someone’s wallet or car, of course. Beyond that, if you borrow something and refuse to return it, that may be theft. If you trick someone out of money or transfer money or property out of an account without their consent, that also constitutes theft in Wisconsin.

Your Potential Penalties

The penalty for a theft conviction depends in part on the value of what is stolen. If the value is less than $2,500, the crime is a misdemeanor. A misdemeanor conviction brings up to nine months in prison and a $10,000 fine.  If the value is between $2,500 and $10,000, it is a felony and the penalty is three to six years in prison and a $10,000 fine. If the value is above $10,000, the penalty increases to up to ten years in prison and a $25,000 fine. In addition, a conviction for theft will cost you many opportunities, and if your employer learns that you have been convicted of theft, it will probably cost you your current job as well.

Mounting a Legal Defense

If you have been arrested for theft, you need a strong legal defense. At Eisenberg Law Offices, we have deep experience in criminal defense, including defending against theft charges. Don’t leave your legal needs to just anyone. Contact us online or at (608)256-8356, to discuss your case today.

This post was originally published at https://www.eisenberglaw.org/consequences-of-theft-charges-in-wisconsin/

How to Defend Against Disorderly Conduct Charges

 

If you’ve been charged with Disorderly Conduct, contact a Criminal Defense attorney

If you are in an emotional or excitable situation, it may not take long for things to get out of hand. A potential catchall crime Wisconsin police may apply is “disorderly conduct.” All it takes is a complaint and a police decision for you to be charged. If you face disorderly conduct charges, you should contact a lawyer immediately.

Defining Disorderly Conduct

In Wisconsin, disorderly conduct charges apply to any behavior determined to be violent, abusive, unreasonably loud, or disruptive. It can come out of an argument, a party, or a fight. If someone reports you as causing a disturbance, whether to arrest you falls on the officer who responds to the situation. 

Potential Penalties

Disorderly conduct is a misdemeanor. Still, it carries significant penalties. If you are convicted, you now have a criminal charge on your record. Beyond this, you can be fined up to $1,000 and have to spend up to 90 days in jail. Your current job, future prospects, reputation, and personal freedom are all at risk once you are arrested.

What to Do Next

If you are arrested, the police read you your rights. Take these seriously. Cooperate with the officers, but do not admit to any conduct or wrongdoing without an attorney present. Look for an experienced criminal defense attorney who can help you understand your rights and provide a defense for you. You may be able to get your charges dismissed or reduced. Sometimes this means accepting a plea deal for a lesser charge, while other times you will need a strong defense at trial. In either case, you need a lawyer who understands the law and the criminal defense system to help you through this frightening experience.

If you have been arrested for disorderly conduct, Eisenberg Law Offices can help. Contact us online or at (608)256-8356, and we will provide you the experienced, vigorous defense you need.

This post was originally published at https://www.eisenberglaw.org/how-to-defend-against-disorderly-conduct-charges/

How to Avoid Accidental Injuries in the Winter

 

Tips for preventing injuries in Wisconsin winters

Winter brings the fun of snow to Wisconsin. In addition, it brings special dangers if you are not careful. Slip-and-fall injuries, driving accidents, and hypothermia are some of the risks you face throughout the winter months. Follow these steps to avoid injuries when the snow and ice come.

Protect Yourself on Foot

Icy sidewalks and pathways are part of life in a Wisconsin winter. Whether you can see it or not, ice often coats the outside areas you walk. At home, take the time to spread salt on your driveway, sidewalk, steps, and any other areas you walk. The right shoes also matter; boots or athletic shoes with good tread can help protect against slipping. Take shorter, more deliberate steps, and give yourself more time to do whatever you are doing. One bad step can lead to painful injuries.

Drive Safely

Before you get into your car, make sure the vehicle is ready. Fresh tires are critical to staying on the road and avoiding other drivers or pedestrians. Check your brakes and your antifreeze levels to ensure you are road-ready. Once you do hit the road, be ready to drive more slowly than usual, and leave extra space between your vehicle and others on the road. No matter how experienced you are in winter driving, both slippery conditions and other drivers on the road pose risks for you. Never assume that a winter accident can’t happen to you.

Guard Against the Cold

Finally, being stuck out in the cold for extended periods can lead to frostbite and hypothermia. Keep track of time when you are outside, and dress in layers that protect your head, hands, and feet. If you and your kids are playing outside, it gets all too easy to stay out too long. Listen to your body, and avoid situations that prevent you from going inside when needed.

All the precautions in the world do not let you avoid every accident. If someone else’s negligence causes your winter injuries, we can help. 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-avoid-accidental-injuries-in-the-winter/

Can I Sue for My Child's Wrongful Death in Wisconsin?

 

How to file a Wrongful Death lawsuit in Wisconsin for the death of a child

Losing a child is devastating to any parent. Even worse is the feeling when someone else’s actions caused your child’s death. When this happens, you face both emotional and financial pain. If your child dies due to someone else’s actions, you may have a claim for wrongful death.

What Is Wrongful Death?

In Wisconsin, you can file a lawsuit for wrongful death when someone’s “wrongful act, neglect, or default”causes a death. It takes the place of a personal injury claim your child would have if he or she survived. You have many of the same considerations that you would have in a personal injury suit; you must show that the other person owed a duty of care for your child; the person failed to fulfill that duty; and that failure caused your child’s death.

When Can You Sue?

The statute of limitations for wrongful death in Wisconsin is two years if the death was caused by a car accident. Otherwise, it is three years. That said, the time begins running at the time of the event that led to the child’s death. If you wait too long, you may lose the right to recover damages.

Damages Available

In a wrongful death suit, you can recover damages for both economic and non-economic losses. This includes the cost of medical care and funeral and burial expenses, but it may also include other damages that are less obvious. Your attorney can help you understand what you are entitled to receive.  No amount of money can ever replace a lost child. Still, you have a claim of recovery for some of the losses you suffer.

If you have lost a child due to someone else’s action or inaction, contact Eisenberg Law Offices, online or at (608)256-8356. We will give you the experienced, compassionate legal guidance you need.

This post was originally published at https://www.eisenberglaw.org/can-i-sue-for-my-childs-wrongful-death-in-wisconsin/

Drug Charges In College | Wisconsin Drug Defense

 

Facing Drug Charges in College is No Laughing Matter

College is often a time of freedom and experimentation, pushing boundaries and trying new things. For some students, that includes drugs. However, don’t let the fact that you’re a student lull you into a false sense of security. You can face drug charges on multiple counts as a student at a Wisconsin college or university. 

Multiple Jurisdictions Results in Increased Punishments

Students who are charged with drug possession, dealing, or trafficking on a campus are often arrested by campus police. This can exacerbate your situation as you may face criminal drug charges based on school codes and the Wisconsin state criminal code. In those situations, you can expect to face repercussions to your college career as well as your permanent public record.

The University of Wisconsin system classifies drug possession as a non-academic misconduct, which is subject to disciplinary actions such as:

• A written reprimand
• Disciplinary probation
• Removal from a current course
• Enrollment restrictions
• Suspension
• Expulsion

You may face one or multiple actions, depending on your situation.

You’ll also face State of Wisconsin criminal charges, which are complex and differentiated based on the controlled substance in question. The state maintains five different schedules for controlled substances with each schedule carrying its own penalties.

• Schedule I drugs includes LSD, PCP, heroin and THC.
• Schedule II substances include cocaine, opium, codeine, morphine, amphetamines and methadone.
• Schedule III, IV, and V drugs are sometimes non-narcotic and may be prescribed for medical purposes.

The state criminal code also considers past offenses when assigning penalties. First offenses carry less severe penalties than subsequent offenses, but they are not light. Even the lightest of drug charges, a misdemeanor charge, which you’ll face for marijuana, can result in 6-12 months of jail time and $1,000-$,5000 in fines.

Don’t Let Drug Charges Derail Your Future Plans

Any conviction for drug possession, even the most minor, can upend your plans for your career and your future. Do not make the mistake of thinking you’ll receive leniency because you are a college student. Protect your future with help from the drug defense attorneys at Eisenberg Law Offices in Madison, Wisconsin. We will examine the evidence to ensure your rights were and are protected throughout the process. There are a number of defense avenues we can explore, depending on the specifics of your case.

Contact Eisenberg Law Offices to arrange a free case consultation by calling 608-256-8356 or emailing info@eisenberglaw.org.

This post was originally published at https://www.eisenberglaw.org/drug-charges-in-college-wisconsin-drug-defense/

Establishing Fault In A Car Accident | Comparative Fault WI

 

3 Factors Used in Establishing Fault After a Car Accident

Asking “Who was at fault?” after a car accident is a natural reaction since fault is used by insurance companies to determine which driver and their insurance provider is responsible for damages, and the driver at fault might even find themselves on the receiving end of a personal injury lawsuit.

Establishing fault in a car accident is not always simple or obvious. Insurance adjusters and attorneys will take a hard look at three factors when trying to determine fault: traffic laws, no-doubt liability situations, and police reports.

Complicating matters even more is the fact that Wisconsin operates under a comparative negligence or shared fault law. This means that more than one party involved in the accident could bear partial fault for the accident. This can affect the outcome of claims and personal injury cases by reducing the claim or case value amount by the same percentage of the applicant’s fault amount. For example, if you are found to be 35% at fault for the accident, your  claim is reduced by 35%. Professional legal representation is even more important in states like Wisconsin due to these types of shared fault laws.

Using Evidence to Prove Fault

Establishing fault usually requires proving that a driver was acting in a negligent or careless manner and that the accident occurred due to those actions.

• Traffic laws are always examined in proving fault. These “rules of the road” outline the rights and responsibilities of drivers, including rights-of-way, following distance, speed limits, and more. If it can be proven that a driver violated a traffic law, that person is much more likely to bear fault for the accident.
• No-doubt liability situations are those that insurance companies view as uncontestable. Examples include rear-end collisions and accidents involving a left turn. In both of those situations, the rules of the road require certain following distances (rear-end collisions) or actions (yielding to oncoming traffic) be followed. Accidents involving either of those situations indicate that the driver was not demonstrating an appropriate level of care and was therefore acting negligently. It is not a guarantee that the driver will be found liable, but it does lend support to the argument that they are at fault.
• Police reports provide reliable third-party evidence and can indicate whether any traffic laws were being violated at the time of the accident. They may also provide additional helpful information such as driver behavior, weather conditions, or extenuating circumstances such as construction activity or line-of-sight obstructions.

Eisenberg Law Offices Can Help In Establishing Fault

The car accident attorneys at Eisenberg Law Offices help people who have been in vehicle accidents by gathering evidence, including interviewing witnesses, to support or defend their position. If you need help establishing fault or negotiating an insurance claim, contact our team and take advantage of our free case consultation to better understand your situation and your legal options.

Call Eisenberg Law Offices at 608-256-8356 or email info@eisenberglaw.org to arrange a free case consultation.

This post was originally published at https://www.eisenberglaw.org/establishing-fault-in-a-car-accident-comparative-fault-wi/

Wisconsin Sex Offender Registration | WI Sex Crimes

 

Sex Offender Registration Requirements in Wisconsin

Sexual offenses are considered a criminal crime in Wisconsin, and offenders are subject to the additional burden of sex offender registration. This type of registration is unique in the criminal code as similar registries are not required for most other crimes. If you are convicted of a sex crime in the state, you may be required to register with the Wisconsin Sex Offender Registry.

The registry is available to the general public through the Wisconsin Department of Corrections, Sex Offender Registry website. The information is used by police and law enforcement agencies, neighborhood watch groups, and victims to search for offenders by name or by geographic area.

Who is Required To Register as Sex Offender in Wisconsin?

Whether or not you will be required to register depends on the circumstances of your conviction, as some convictions have mandatory registration requirements and others do not. It is even possible for those convicted of other crimes that are not specifically considered sex crimes but which may have a sexual motivation to be required to register.

Wisconsin Statute 301.45 governs sex offender registration. Registration is mandatory for these convictions:

• First, second, or third-degree sexual assault of an adult
• First or second-degree sexual assault of a child
• Repeated acts of sexual assault of the same child
• Sexual exploitation by a therapist
• Sexual exploitation of a child
• Trafficking a child
• Forcing a child to view or listen to sexual activity
• Incest involving a child
• Child enticement
• Use of a computer to facilitate a child sex crime
• Soliciting a child for prostitution
• Sexual assault of a child placed in substitute care or by school staff
• Exposing a child to harmful materials
• Possession of child pornography

Other crimes may be subject to mandatory registration as well if the court determines that the circumstances warrant it. Some examples include: battery, criminal trespass, false imprisonment, intimidation, lewd and lascivious behavior, solicitation, stalking, or crimes that carry sexual implications and motivations.

Registering as a Sex Offender in Wisconsin

If you are required to register as a sex offender in Wisconsin, you will need to provide:

• Full name and any aliases
• Identifying information (date of birth, gender, race, hair color, etc.)
• Information regarding your conviction
• The terms of any probation or supervision
• Vehicle information
• Employment or school information
• An annual update of the registration information

Most offenses require sex offenders to remain on the registry for 15 years after discharge from probation, supervision, or parole. In very serious cases, the offender may remain on the registry for life. Examples include:

• First or second degree sexual assault of an adult or child
• Repeat acts with a child
• Acts with a child in substitute care
• Violent acts under Chapter 980
• Two or more convictions of the same sexual offense

Sexual Offense Charges Require a Strong Defense

A conviction for sexual offense and sex offender registration can have a devastating impact on your life – now and in the future – in the form of job losses or missed employment opportunities, loss of housing, and loss of friendships and personal relationships. Presenting a strong defense against the charges is vital to protecting your future and your reputation. Trust Eisenberg Law Offices and our sex crime attorneys to help you. Our attorneys represent clients throughout the State of Wisconsin and northern Illinois to protect them from the most serious repercussions of their actions.

Arrange a free case consultation with an Eisenberg Law Offices criminal defense attorney by calling 608-256-8356 or emailing our team at info@eisenberglaw.org.

This post was originally published at https://www.eisenberglaw.org/firm-overview/articles/wisconsin-sex-offender-registration-wi-sex-crimes/.

Eisenberg Law Free Consultation | WI Personal Injury

 

Gain An Understanding Of Your Personal Injury Case With a No Obligation  Free Consultation

Anytime a person is injured as a result of another person's negligence, there is a possibility of obtaining compensation for the injuries through a personal injury case. Many of these cases involve settlement offers from insurance companies, but those offers are sometimes much lower than what the injured party could receive if they had proper legal representation.

Too many people shy away from reaching out to a personal injury attorney because they think that they can't afford it. In reality, personal injury attorneys, including those at Eisenberg Law Offices work on a contingent basis – we do not get paid unless you receive a settlement or judgment in your favor.

Another reason people don't consider legal help is simply a lack of knowledge; they don't know that they have a personal injury case or that they have a case that deserves a larger settlement than what is being offered.

Our free consultation can help address all of these issues.

What You Can Expect From A Free Consultation At Eisenberg Law Offices

We offer free consultations to all potential clients because we think it’s important that you have a full understanding of your legal situation before you make any decisions. During a consultation, we can answer your questions to help you understand the compensation process and can provide guidance on what your case is really worth or discuss your chances of obtaining a settlement offer.

The more prepared you are for this consultation, the better. Complete documentation related to the case and your injuries will help our attorneys understand the situation and the nuances of the case, which helps us provide a complete explanation of your legal options. Any and all of the following documentation should be brought to the meeting to help us develop an understanding of the situation:

• Accident/police reports
• Accident scene photos
• Witness statements
• Communications from insurance companies or other parties involved in the accident
• Bills and invoices related to property damage
• Bills and invoices for medical treatment and prescriptions.
• Communications between you and your employer regarding your inability to work due to the accident and/or injuries sustained.
• Your personal insurance information.
• Power of attorney documents, if you are meeting with us on behalf of someone else.
• Notes containing your recollection of the accident and any challenges you have faced in the aftermath.
• Health insurance information.
• Your automobile insurance information.

This information will help the attorney determine if recovery is an option, which compensation avenues are available to you, what kinds of damages you will be able to recover, and in what amounts. If the injury has prevented you from working, for example, you may be able to recover compensation for lost wages.

At the end of the free consultation, you will have a good understanding of your legal options and will have learned a bit about our attorneys and whether or not you want to proceed with Eisenberg Law Offices representing you in a personal injury case. All of our consultations are completely confidential and come with no obligation to retain us.

Comprehensive Personal Injury Law Firm

Eisenberg Law Offices has been representing clients in Wisconsin personal injury cases for over 35 years. We have experience in a wide range of cases including, but not limited to:

• Auto, truck, and motorcycle accidents
• Bike and boating accidents
• Slip and fall accidents
• Wrongful death cases

If you have been injured and are wondering what legal options exist for you, contact Eisenberg Law Offices at 608-256-8356 or by email at info@eisenberglaw.org to arrange a free case consultation.

This post was originally published at https://www.eisenberglaw.org/firm-overview/articles/eisenberg-law-free-consultation-wi-personal-injury/.