Three Major Reasons Not to Share a Prescription

 

Know the potential ramifications of sharing your medical prescription

When you and your friend or family member take the same prescription or have the same medical condition, sharing a prescription may seem harmless. Maybe you’re stretching out a prescription before the next refill is allowed by your insurance company, or you’ve noticed that your friend’s anxiety level has gotten so bad that he might benefit from some of your anxiety medication. While well-intentioned, sharing prescriptions is not a good idea for several reasons, with these three chief among them.

It Might Not Be Medically Appropriate

Despite appearances, your friend or family member might not be able to take your prescription successfully due to a difference in medical conditions that you don’t know about. The other person may have a contraindicating condition that renders the prescription ineffective or even dangerous to them.

Also, your dose may not be appropriate for their condition; they may need a bigger or smaller dose (this is a big risk when you’re sharing just because the other person seems like they could use some of the medication).

It Might Be Too Short a Course

For medications with limited treatment times, such as antibiotics that you’d take for a specific number of days only, you may be providing the person with too short a course to effectively destroy the infection they have (not to mention you having leftover antibiotics means you likely didn’t take the full course, which can lead to creating antibiotic-resistant bacteria).

You Could Be Charged and Held Liable

Medications can have side effects such as drowsiness, and if you give them to someone who subsequently causes damage, such as an accident, you could be held partially liable for the damage. You could also be charged with illegally distributing drugs, especially if the medications are controlled, which is a special category of medication that receives stricter scrutiny and has tougher prescribing requirements.

If you’ve been accused of or charged with distributing drugs because you shared a prescription, don’t delay in getting legal help. Contact Eisenberg Law Offices at (608) 256-8356 to speak with an attorney.

Big Rigs and Semi Trucks Can Cause Devastating Accidents Each Year

 

What to know if you’ve been injured in an accident involving a semi truck

Whether you call them semis or big rigs, large trucks are one of the bigger dangers on the road. This is not necessarily because of the truck drivers, but because of the nature of these large trucks and how they respond to the driver’s control. Combine these heavy vehicles with smaller cars zipping around them, and you have a problem. When these trucks are in accidents, it can be difficult to tell whether the driver, truck manufacturer, or another vehicle or driver were at fault. What is clear, however, is that the aftermath of the accident can be long-lasting.

Why Truck Accidents Can Be So Devastating

Trucks are generally limited to slower speeds than passenger vehicles when on the highway. While that can help a little when the truck driver needs to slow down, it doesn’t completely erase the need for extra braking time, nor does it make the truck any easier to maneuver out of the way of a sudden obstacle. These trucks are heavy by themselves; when they’re loaded down with cargo, they become even heavier. The force of this weight makes it very hard to stop the truck quickly. This means that if the truck driver has to brake suddenly to avoid an accident, the weight of this truck is going to barrel into whatever is in front of its path as it tries to slow down.

Another issue with trucks is that drivers may be tired and not have the fastest reflexes. Even if the drivers aren’t driving drowsy (which can have similar effects to driving drunk), if they’re tired and not responding as quickly as they would when they weren’t tired, braking time and the ability to maneuver out of the way could be compromised.

Truck accidents can create long-term problems for the people involved, and you’ll need a good lawyer if you’ve been injured in an accident with a truck. Contact Eisenberg Law Offices at (608) 256-8356 to discuss your case.

Drivers Fleeing from Officers in Wisconsin

 

You could face substantial penalties if you flee from an officer in Wisconsin

No one ever wants to get pulled over. If you see a police car’s lights behind you, you still have to stop. If you do not, you will face penalties that depend not only on what you do, but on what happens next. To avoid significant penalties on top of your ticket, make sure you cooperate with the police on the road.

Failure to Stop

If a police officer tries to pull you over and you keep going, you face charges for failing to stop for a police officer. This is a misdemeanor in Wisconsin. If you are convicted, you face up to nine months in jail and a fine up to $10,000.

Fleeing or Eluding

Beyond failing to stop, if you try to avoid the police officer, the charge moves from misdemeanor failure to stop to being a Class I felony for fleeing or eluding. This can include speeding up, turning sharply from the road, or other maneuvers to attempt to escape the pursuing officer. Conviction here can mean up to three and a half years in prison and a fine up to $10,000.

Fleeing with Property Damage

From here, penalties can increase if your attempt to escape leads to an accident. If you hit another vehicle while fleeing the police, your potential felony becomes a Class H. This can bring you a prison term of up to six years, along with a fine up to $10,000.

Fleeing with Great Bodily Harm or Death

If you injure another person while fleeing, the penalties become even steeper. Fleeing an officer and causing great bodily harm is a Class F felony. Conviction brings up to twelve and a half years in prison and a $25,000 fine. If the person dies, the charge becomes a Class E felony, with up to fifteen years in prison and a $50,000 fine.

When you see the police behind you, pull over; the consequences only become worse if you do not. If you face charges for fleeing the police, you need a strong defense. Contact Eisenberg Law Offices online or at (608)256-8356 to get help.

Is Your Battery Charge a Misdemeanor or a Felony?

 

These factors determine if a Battery charge is a felony or a misdemeanor in Wisconsin

A battery charge in Wisconsin depends on two elements: an intent to cause bodily harm and the actual bodily harm that occurs. Whether the state charges the crime as a misdemeanor or a felony depends on how much harm you cause. No matter what level of battery charge you face, you need an experienced criminal attorney to defend you.

Intent

For a conviction on any battery charge, the state must prove that you intended to cause bodily harm to someone. The court will determine this based on what you do and on the circumstances. An intent to defend yourself is different from an intent to cause harm. Once you act in a way that is meant to hurt someone, the charge depends on how much damage you do.

Bodily Harm

Bodily harm means anything that causes the other person physical pain, injury, or illness. If you intend to cause bodily harm and do cause it, it is a Class A misdemeanor in Wisconsin. This brings potential penalties of up to nine months in jail and a $10,000 fine.

Substantial or Great Bodily Harm

In Wisconsin “substantial bodily harm” means an injury that can require stitches, staples, or a tissue adhesive. It also includes loss of consciousness, lost teeth, or broken bones. If you cause substantial bodily harm, battery becomes a Class I felony. This means a penalty of up to three and a half years in prison and a $10,000 fine.

“Great bodily harm” is a step further, with a substantial risk of death, permanent disfigurement, or permanent loss of function. This brings a Class H felony, with penalties of six years in prison and a $10,000 fine. If the court finds that you intended to cause great bodily harm, that elevates your charge to a Class E felony, with potentially fifteen years in prison and a $50,000 fine.

Any battery charge in Wisconsin is serious. If you have been arrested and charged with battery, you need legal help today. Contact Eisenberg Law Offices online or at (608)256-8356 to let us get started on your defense.

Technology and Distracted Driving

 

The technology to prevent you from getting distracted can be distracting itself

You know not to text and drive. You may even be using technology to get around the problems of distracted driving. Unfortunately, these can create their own problems if you let them. Focusing on technology instead of the road is still distracted driving. Don’t let your anti-distraction technology pull your attention away from the road.

Additional Displays

One way car manufacturers try to pull drivers away from their smartphones is to place a display screen on the dashboard. Instead of looking in your hand or in your lap, you simply look forward to see your navigation system or music options. This may seem safer, but it still has you looking at a console–and away from the road. Pulling your attention away from your primary task makes accidents more likely,

The Dashboard Touchscreen

Looking away is one form of distraction. When your console includes a touchscreen, it reduces not only your focus, but your motor functions too. It may feel safer to reach forward to press the screen than to scroll and search on your phone, but the kind of distraction still matters. Pushing your attention to searching for a song or radio station, or adjusting your navigation while you drive, distracts you and makes your driving less safe.

Voice Commands

You don’t have to look or reach away from the road to be distracted. Vehicle manufacturers introduced voice commands and Bluetooth connections to help drivers keep looking forward while they attend to other matters. This seems great, but it still removes your mental focus from where you need it to be. A phone conversation or a virtual assistant request requires mental energy that keeps you from thinking about the drive itself. Safe driving requires your eyes and your mind, and using voice tech in the car takes your mind away from what you are doing.

Distracted driving is about more than just texting and internet surfing. If you have been injured by a distracted driver, you have a right to recover damages. Contact Eisenberg Law Offices online or at (608)256-8356 to learn how we can help.

Dangers on Rural Roads in Wisconsin

 

Car accidents on Wisconsin’s rural roads

When you think of driving accidents, you likely worry about interstate highways. On a sheer volume and velocity basis, this makes sense. Still, rural roads create dangers very different from what you see on main roads and highways. If you or other drivers aren’t careful, you can find yourself in accidents more damaging than in the areas you might expect.

Less Room to Maneuver

Rural roads tend to be two-lane roads, giving you less room for error if you need to adjust quickly. Those lanes tend to be narrower than those on main highways, and come with twists and turns you would not expect elsewhere. Put it all together, and you have much more potential for trouble than you might have on the interstate. If you or another driver is going too quickly, hit an ice patch, or have an animal wander into the road, these conditions limit your ability to maneuver around the danger.

Unfamiliar Territory

Rural roads give further complications when you aren’t in an area in which you typically drive. You’ll find the lighting more sparse and the turns more severe. Whereas on a highway you have signs and markings letting you know where you are most of the time, here you may get lost easily. This creates distractions and stress that lead to driving errors.

Harder to Get Help

If you are in an accident, timely treatment for injuries makes a big difference. On a rural road, you will usually be farther away from a hospital or a police patrol, costing you time that you don’t have. These accidents will often create more problems simply because you are so removed from potential help.

Accidents don’t just occur on busy highways. If you have been injured on a rural road due to someone else’s negligent driving, you should be able to count on excellent legal representation for your claims. Contact Eisenberg Law Offices online or at (608)256-8356 to learn how we can get you the recovery you deserve.

Bail Jumping Penalties | Wisconsin Bail System

 

Bail Jumping Penalties in Wisconsin

The Wisconsin legal system operates under the assumption of innocence until proven guilty. Due to this system, offenders may be released from jail after their arrest but before they see a judge or have a trial. In many cases, there are conditions associated with their release, which may include bail.

Common Bail Conditions

Although bail is the term used to describe the monetary amount paid for release, it can include other conditions that must be adhered to for the individual to remain free. If any of the conditions are violated, it may be considered “bail jumping” and the offender can expect to face bail jumping penalties.

In addition to a monetary payment, bail terms can include some or all of the following, or other conditions determined by the court:

• Prohibiting the use of alcohol or drugs
• Releasing the person into the custody of a person or organization that will supervise them
• Prohibiting or restricting travel during the release period
• Prohibiting weapons possession
• Prohibiting the person from committing further crimes
• Requiring the offender to return to court when scheduled
• Prohibiting contact with the victim of a crime

Failure to comply with the conditions of bail is a violation of the law, and offenders can expect to be incur bail jumping penalties.

Bail Jumping Penalties

Violations of any bail terms are considering bail jumping and will incur penalties in Wisconsin. Penalties typically result in misdemeanor or felony charges, depending on the original charge for which the defendant was granted bail.

• Class A misdemeanor conviction penalties include up to 6 months imprisonment and/or a fine of up to $10,000.
• Class H felony conviction penalties include up to 6 years in prison and/or a fine of up to $10,000.

Misdemeanor and Felony Defense at Eisenberg Law

If you are facing a misdemeanor or felony charge in Wisconsin, contact the criminal defense attorneys at Eisenberg Law Offices. We can help you defend yourself against the charges to obtain the most favorable outcome possible.

Parents Are Liable In Car Accidents

 

Are Parents Liable If A Car Accident Is Caused By A Teen Driver?

Parents are nervous enough once their teenagers start driving, when a car accident is caused by a teen driver, their anxiety can be compounded by worries about injuries and accident liability. They have good reason to worry since it is possible for parents to be liable for the accident in Wisconsin.

4 Things to Know About Teen Driver Laws in Wisconsin and Parent Liability

1. Teens must be sponsored. The State of Wisconsin requires parents to sponsor their teen driver through a learner’s permit. By becoming a sponsor, you automatically agree to accept “joint and several” liability for the teen’s actions. If a car accident is caused by the teen driver, parents are liable.

• Sponsors must carry auto insurance. Sponsors are required to maintain the state’s minimum amount of auto insurance coverage; most decide to add their teenager drivers to their existing insurance policy until the teen turns 18 and is eligible for his/her own policy.
• Liability coverage follows the driver, not the car. If your teen is responsible for the accident, insurance will provide liability protection.
• Parental assets may be at risk. In some cases, a car accident caused by a teen driver can put the parent’s personal assets at risk. Anyone who is injured in the accident could file a personal injury lawsuit to attempt to recover compensation for their injuries. They are allowed to claim losses up to $300,000 or the limits of your liability insurance coverage, whichever is greater.

Parents Can Support Safe Driving

Teens are inexperienced drivers, and inexperienced drivers often get into accidents. Parents can help minimize risk by ensuring their young drivers get as much time behind the wheel while under parental supervision as possible. The more practice they have under the watchful eyes of a parent, the better. Parents should model responsible driving themselves and also:

• discuss safe and unsafe driving habits with their teens
• set limits on the use of cellphones or other driving distractions
• limit the number of passengers allowed in the vehicle while the teen is driving
• allow the teen to practice driving in all types of weather conditions

Speak With A Car Accident Attorney If A Car Accident Is Caused By A Teen Driver

Help is available to families involved in a teenage driving accident. Contact a car accident attorney at Eisenberg Law Offices to determine if the parents are liable for the accident and to ensure the teen is fairly represented in a liability claim. Wisconsin operates under a shared fault law, which means both parties involved in the accident may share responsibility.

Contact us for help navigating the insurance claims process, filing a personal injury claim, and determine whether there is parental liability for a car crash.  Please take advantage of our free consultations to discuss your case with an experienced lawyer.

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

3 Factors That Influence Drug Crime Penalties In Wisconsin

 

Wisconsin Drug Crime Penalties Are Influenced By These 3 Factors

Some of the most common criminal charges in the State of Wisconsin involve drug crimes. Penalties may occur at the state or federal level and vary widely from case to case based on the drug involved, the circumstances of the crime, and the criminal history of the accused. However, the drug crime penalties assessed often hinge on just three factors.

Three Factors That Affect Drug Crime Penalties and Sentencing

1. The Type of Drug Involved. Like the federal government, Wisconsin categorizes illegal drugs based on their potential for abuse, their medical value, and their safety. Drugs that are considered highly addictive, unsafe, and/or without medical value are classified as Schedule I drugs. Examples include: heroin, cocaine, LSD and ecstasy. Categories of drugs range from Schedule I (most severe) to Schedule V (least severe). Drug crime penalties are partially based on which Schedule of the drug was in your possession.
2. The Amount or Weight of the Drug. The next consideration is how much of the drug you had in your possession. Small amounts that indicate the drug was only for personal use face lower penalties than higher amounts, which can be an indication of intent to sell or distribute. Drug crimes result in felony charges that become more severe based on the number of drugs in your possession. Felony charges range from Class I, which is the lowest and least severe charge to Class C, which is the most severe charge. Each higher class results in a more serious charge and more severe drug crimes penalties than the lower class level. Class G and F felonies, for example include prison sentences that range from 10 to 12 and a half years and fines of up to $25,000 while a Class C felony carries up to 40 years of prison time and fines of up to $100,000.
3. What Was Being Done with the Drug. The final factor that affects penalties is what was being done with the drug. Examples include:

• Possession
• Distribution/Selling
• Manufacturing (ex. meth labs)
• Drug trafficking
• Cultivation (ex. growing marijuana)
• Possession of drug paraphernalia
• Selling drugs within 1,000 feet of a school, playground, or other places where children assemble

Simple possession is the least serious crime with drug sales and distribution, manufacturing, or trafficking being the most serious. The more serious charges often include a combination of charges, compounding the penalties faced.

Meet with a Drug Defense Attorney in Madison, Wisconsin

Drug crimes are felonies, which can lead to a permanent criminal record that affects your life for years to come and devastates your finances. Do not leave your defense to chance. Contact the drug defense attorneys at Eisenberg Law Offices in Madison, Wisconsin to mount a strong defense that minimizes drug crime penalties and protects your reputation.

We offer free case consultations so you can learn more about the charges against you and your defense options.

Call Eisenberg Law Offices at 608-256-8356 or email info@eisenberglaw.org to schedule a consultation today.

Uninsured Motorist Claims For Personal Injuries In WI

 

Filing an Uninsured Motorist Claim For Personal Injuries

Although Wisconsin law requires drivers to carry liability insurance, there are those who disregard this and drive without insurance. People who receive personal injuries in accidents with uninsured or underinsured Wisconsin drivers or in a hit-and-run accident may not have financial recourse through the responsible party, but they can turn to their own auto insurance coverage to help pay for the injuries or damages suffered via an uninsured motorist claim.

Uninsured and Underinsured Motorist Requirements

Wisconsin requires drivers to carry a minimum of $25,000 in Uninsured Motorist (UM) coverage per person and $25,000 per accident Bodily Injury coverage. Your Uninsured Motorist coverage protects you from uninsured/underinsured drivers. If you want to file an uninsured motorist claim, you file it with your own insurance company who will pay your claim. Uninsured Motorist claims can include:

• Present and future medical expenses
• Lost wages
• Pain and suffering

Your policy coverage will pay for personal injuries sustained by you and/or your passengers if you are injured by an uninsured driver or a hit-and-run driver provided you have sufficient coverage. Your coverage even protects you as a pedestrian or bicyclist who is hit by another driver. The one thing this coverage does not provide compensation for is property damage. However, this may be provided by your policy's Collision Coverage.

Underinsured Motorist (UIM) coverage is another option. It is not required by Wisconsin, but it is available to policyholders as an additional coverage option. UIM provides increased Bodily Injury benefits for those injured by a driver who  does not have enough insurance.

If the at-fault driver has coverage but is underinsured, you can file an initial claim against his or her policy to recover some damages and then file a claim against your own policy to obtain supplemental damages.

Safety Responsibility Law

Wisconsin's Safety Responsibility Law was created to protect those who were harmed by uninsured motorists. Accidents that cause injury, death, or property damage of more than $1,000 must be reported to the police. If the uninsured driver was determined to be at-fault, the DMV could suspend his or her license and vehicle registration if the driver does not take any action to rectify the situation.

Filing a Claim for Personal Injuries and Damages

Filing an uninsured motorist claim for personal injuries and/or damages can be complex and confusing, especially if the other driver has some coverage but not enough coverage to pay for your losses. The Eisenberg Law Offices car accident attorneys can help you file claims against your own auto insurance policy or pursue personal injury claims against the other driver to ensure you receive the coverage you need to recover after the accident. We can represent you in all insurance communications to ensure you obtain the coverage to which you are entitled.

We offer free consultations so you can learn about your options and what to expect from the process. We work on a contingency basis, which means we do not get paid unless you recover compensation through your claim.

Arrange your free, no-risk consultation by calling Eisenberg Law Offices at 608-256-8356 or emailing us at info@eisenberglaw.org.