You Will Need Legal Representation After a Motorcycle Accident

 

Talk to a personal injury attorney after a motorcycle accident to help protect your rights

Motorcycle accidents can be particularly devastating because riders have little exterior protection. As a result, medical costs and associated charges as the person recovers, especially if they may not be able to work, may be much higher, and insurance policies may not cover the entire cost. Lawsuits over these costs can be more contentious than you might expect. To increase your chances of getting proper compensation, you must have a lawyer helping you.

First, lawyers know when your case is a sure thing versus a no-go. They can spot evidence that will help you and point out flaws or holes in your case that could make you lose. You do not want to try to file a case by yourself or represent yourself as you might end up losing and being in a worse position.

Second, lawyers handle a lot of the work that goes into getting that compensation. They’ll gather evidence they need. You won’t have to do all of the legwork to file forms and get pictures of the accident scene, for example. You’ll be able to spend more time focusing on getting better instead of getting evidence.

Third, your lawyer will know whether a settlement offer is reasonable. Injury cases take a long time. Your lawyer can determine if it’s worth taking or refusing.

Fourth, your lawyer knows how to talk to the court and insurance company.

If you’ve been in a motorcycle accident, contact Eisenberg Law Offices at (608) 468-6595. Get the best legal representation possible to help win your case.

This post was originally published at https://www.eisenberglaw.org/you-will-need-legal-representation-after-a-motorcycle-accident/.

Responding to False Accusations of a Crime

 

Exercise caution after you’ve been falsely accused of a crime

Sometimes a fight or disagreement can get out of hand. In some cases, it goes beyond the heat of the moment into a false accusation against you. This can be frustrating, and can create real problems for you. If someone has accused you of something you didn’t do, respond carefully. If things escalate, it may be time to seek an attorney’s help.

Talking to the Police

Depending on what someone accuses you of doing, you may receive a visit from the police. You may be tempted to tell them everything. After all, if you didn’t do anything wrong, what can the harm be? If they have someone else’s story already, that unfortunately colors what they think going in. This may mean your innocent story sounds like a lie, or like incriminating information. Exercise your right to remain silent.

Giving Your Side of the Story

Even if you don’t talk to the police, you may want to tell your side of what happened to friends or strangers you encounter. Be wary of this. Just like the classic game of telephone, your story can sound different by the time other people tell what they remember you saying. If you have to go to court, anyone you talk to might become a witness against you. Keep quiet to protect yourself.

Finding a Legal Defense–Or Claim

The exception, of course, is your lawyer. If a false accusation turns into legal trouble for you, you need to contact an experienced attorney. Tell him or her what happened, and how it got to this point. An attorney can help with the criminal defense.

If you have been falsely accused of a crime, don’t talk too much, but don’t wait to see what happens either. Contact Eisenberg Law Offices online or at (608)256-8356 to schedule an appointment to protect your legal rights.

This post was originally published at https://www.eisenberglaw.org/responding-to-false-accusations-of-a-crime/.

Understanding Questions from Police at a Traffic Stop

 

How you respond to police questions during a traffic stop could result in you incriminating yourself

If you get pulled over, you will feel uncomfortable. The police officer who pulls you over knows this. Sometimes they intentionally intimidate you. Before you start answering them, remember that there is a reason for everything they ask you. Understanding the intent behind those questions can help you protect yourself and your legal rights.

How Are You Doing?

This feels completely innocuous. The officer who pulled you over is doing two things here. One is trying to get you to let your guard down; we all feel compelled to answer this kind of question in a friendly manner. Beyond this, it’s an opening for you to tell the officer you are tired, or to slur your speech if you have been drinking.

Where Are You Coming From?

Again, this sounds harmless enough. If you’ve been out with friends, or visiting a bar, or otherwise drinking or taking drugs, it can become a trap for you to incriminate yourself. Don’t be rude, but do not overshare in ways that give the officer a reason to suspect you of being intoxicated. Be careful not to say too much.

Any Issues With Your Vehicle?

This is getting into more dangerous territory. If you are driving an unsafe vehicle, you can get into legal trouble. The officer is trying to lead you into admitting a mistake that makes it unsafe for you to drive. Even a minor issue can give the officer a reason to inspect the vehicle.

Have You Had Anything to Drink?

If you’ve been having a pleasant conversation, this can sneak up on you. When you get pulled over, don’t talk about any alcohol consumption, even a single drink several hours ago. Remember that you do not have to answer.

Whether you share too much or not, a traffic stop can lead to trouble. If you’ve been arrested for an OWI or other traffic violation, an experienced attorney becomes critical. Contact Eisenberg Law Offices online or at (608)468-6595 to learn how we can help.

This post was originally published at https://www.eisenberglaw.org/understanding-questions-from-police-at-a-traffic-stop/.

Survival Actions for a Loved One's Death

Is it better to pursue a Wrongful Death case or a Survivor Action case?

If you have lost a loved one in an accident, you might consider bringing a lawsuit against those responsible. One consideration, though, is whose damages you are looking to recover. How you answer this question determines who can sue and what you may recover. In the end, an experienced personal injury attorney can help you understand your rights and the best course for your situation.

Wrongful Death

A wrongful death action in Wisconsin focuses on injuries to those left behind. Wisconsin law limits who can sue here. If there is a surviving spouse, no other relatives or heirs can file a wrongful death action. If not, the right falls to the children, then to parents, and then to siblings. Only the first available plaintiff in the hierarchy has standing in these lawsuits, so the ability of heirs to bring a claim is limited. Damages include lost financial support, emotional loss of your loved one, and other costs he or she has to bear due to the wrongful death.

Survivor Actions

A survivor action, in contrast, focuses on the injuries of the deceased. If he or she could have filed a lawsuit but is not alive to do so, their estate can sue on his or her behalf. This will include damages like medical costs, lost wages, and the pain and suffering that the deceased endured before his or her death. Any damages the estate recovers become part of what is distributed to the heirs, whether by law or under the person’s will.

Which Course Is Better?

In some cases, the damages available under a wrongful death action may be higher, but not available to most of the heirs of an estate. A survivor action passes to whomever is designated as an heir by will or statute. An experienced attorney can help you weigh the pros and cons for your lawsuit and file the action that will best help you get the compensation you deserve. To talk through your case, contact Eisenberg Law Offices online or at (608)256-8356.

This post was originally published at https://www.eisenberglaw.org/survival-actions-for-a-loved-ones-death/.

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4 Factors for Determining Your Car Accident Settlement

 

These factors will impact your Car Accident Settlement

When you are involved in a serious car accident, you need to get treatment for your injuries, deal with the property damage, and find a path forward. If someone else caused the accident, part of that path is compensation for your damages. Many factors go in to whether you can receive compensation, and how much you might receive. A personal injury attorney can help you navigate those factors and get the settlement you deserve.

1. Evidence of Fault

Fault for the accident serves as a threshold issue. If you are more than 50% responsible, you will not receive a settlement. Proving the other driver is completely responsible, or at least bears more than half of the fault, is the first step. The police report, witness accounts, camera footage, and other evidence from the scene all play a part in showing fault in the accident.

2. Medical Costs

Medical costs provide an important part of the settlement. Make sure you save records of examinations and treatments for your injuries. In Wisconsin, your damages include the cost of treatment, rather than just your out of pocket payments. Whether insurance covered the cost or not, you should include that in the evidence you share with your attorney.

3. Impact on Work and Life

Some injuries make it difficult or impossible for you to continue working, either temporarily or permanently. Wages lost are an important consideration. Your attorney can help you calculate what you would have expected to earn, and therefore what you have lost in work wages. In addition, losses for enjoyment of life, pain and suffering, loss of consortium, and the value of what you can no longer do at home all become part of the damages to which you are entitled.

Your life can change dramatically after a car accident. Before you agree to a settlement amount, take the time to meet with an experienced attorney who can help you understand all you are entitled to receive. Contact Eisenberg Law Offices online or at (608)256-8356 to learn more.

This post was originally published at https://www.eisenberglaw.org/4-factors-for-determining-your-car-accident-settlement/.

Self-Defense Laws In Wisconsin | Common Self-Defense Tactics

 

Applying Self-Defense Laws in Wisconsin

One of the most common defenses to assault, homicide, and violent crime in Wisconsin is self-defense. However, the self-defense laws do not provide blanket protection. A defendant must be able to prove that he or she had a genuine fear for their life or of suffering great bodily harm, and that was why they responded with deadly force. Courts and juries must take into account the specific circumstances surrounding the incident for self-defense to be justified. Below are three examples of self-defense laws that may be considered in Wisconsin cases.

Three Common Self-Defense Considerations

1. Duty to Retreat. Wisconsin does not impose a “duty to retreat” on the public, but a defendant’s ability to retreat from the situation prior to the use of deadly force will often be considered in self-defense cases, particularly if the defendant was the instigator. Juries are often asked to consider whether the use of deadly force was the only option left available to the defendant or if the defendant had an opportunity to remove themselves from the situation, i.e. retreat, before it escalated. If the defendant did have an ability to retreat and did not do so, a jury is less likely to accept the self-defense argument.
2. The Castle Doctrine. Wisconsin has the Castle Doctrine rule, which falls into self-defense laws. The Castle Doctrine applies if a person is on their own property, such as a home, vehicle, or place of business, and uses deadly force against an intruder. In order for this self-defense argument to work, the intruder must have been present on the property after unlawfully and forcibly entering it. The Castle Doctrine cannot be used against an invited guest, for example. The Castle Doctrine also does not apply if the property owner pursues the intruder off of the property.
3. Stand Your Ground Laws. Stand Your Ground laws are similar to the Castle Doctrine in that they both apply to the use of deadly force on private property. As long as you have a legal right to be in that location, were not the instigator, and don’t provoke the confrontation, and the other party continues to threaten you, you are within your rights to use deadly force under Stand Your Ground laws. The difference between Stand Your Ground and the Castle Doctrine is location. The Castle Doctrine requires the intruder to be inside the property; Stand Your Ground laws do not. Intruders can be outside of homes, businesses, or vehicles. The wrench in this self-defense argument is that Wisconsin does not have a Stand Your Ground law. However, the defense argument can be made that the victim was simply protecting themselves in fear of their life.

Meet With a Wisconsin Criminal Defense Attorney at Eisenberg Law Offices

The criminal defense attorneys at Madison’s Eisenberg Law Offices work throughout the state to defend victims who are suddenly facing charges for using self-defense. Contact us to arrange a free case consultation so we can review the facts of your case, evaluate your options, and build a strong defense for you.

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

This post was originally published at https://www.eisenberglaw.org/self-defense-laws-in-wisconsin-common-self-defense-tactics/.

Avoid Bike Accident Injuries In Madison, WI | Bike Safety

 

Staying Safe on the Roads in Bike-Friendly Madison, WI

Madison, WI is one of the most bike-friendly cities in the Midwest. The city offers a bike-sharing program, is continually investing in new bike trails, and promotes commuting by bike. Unfortunately, increased bike riding equates to an increase in automobile-bicycle accidents and bike accident injuries.

Bike accident injuries are especially concerning because bicyclists are completely exposed and, other than a bike helmet, are entirely unprotected. Riders are almost always thrown from their bicycle upon impact causing severe and catastrophic injuries and even death in some cases.

With warmer weather on the way, now is the perfect time to review safe biking tips.

Staying Safe When Biking in Madison, WI

1. Dress for Visibility. Help drivers see you by dressing in high-visibility clothing. Reflective strips provide added visibility on dark days or early morning or evening commutes. Add lights and reflectors to the bike for additional protection.
2. Avoid Distractions. Remaining aware of your surroundings to prevent accidents from occurring in the first place. Don’t get distracted by your phone and avoid using earbuds or listening to music.
3. Plan Your Route. Choose your route ahead of time and focus on routes that provide added protection, such as dedicated bike routes or routes with less vehicle traffic and lower vehicle speeds.
4. Give Way. Part of the reason we advise keeping your ears free of earbuds is so that you can hear cars coming up behind you. If you hear a vehicle that seems to be driving too fast, accelerating, or has squealing brakes, you can pull off to the side of the road until it has passed.
5. Obey the Rules of the Road. Bicycle riders must follow the traffic rules of the road throughout Wisconsin. This means riding with the flow of traffic, stopping at stop signs, signaling turns, and yielding the right-of-way as appropriate.

Compensation for Bike Accident Injuries is Possible

Biking is great exercise and a very effective mode of transportation in Madison, WI, but it does require extra vigilance from bicyclists and drivers alike. When bike accident injuries occur due to negligence or reckless driving by a vehicle operator, the injured bicyclist may be eligible for financial compensation to help pay for their medical costs and other losses.

If you have been injured in a bicycle accident, contact the personal injury team at Eisenberg Law Offices to discuss your situation. We offer free consultations to evaluate your case and determine if you are entitled to damages.

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

This post was originally published at https://www.eisenberglaw.org/avoid-bike-accident-injuries-in-madison-wi-bike-safety/.

Wisconsin Felony Classes | Eisenberg Law Criminal Defense

 

An Explanation of Wisconsin Felony Classes

Wisconsin classifies a felony as any crime that carries a maximum sentence of  one year or more in the Wisconsin State Prison System. There are nine Wisconsin felony classes. These classes are defined by letters ranging from A to I, with A being the most serious and I being the least serious.

Understanding Wisconsin Felony Classes

Wisconsin felony classes are ranked according to the severity of the crime. Consequently, the punishments are most severe in Class A felony cases and less severe as the classifications move from A to I.

• Class A felonies are the most serious crimes and include homicide. Class A punishments often carry lifetime sentences and include severe consequences for repeat offenders.
• Class B felonies carry punishments of up to 60 years in a Wisconsin state prison. These are the second most severe crimes committed in the state and include 2^nd Degree Intentional Homicide and 1st Degree Reckless Homicide.
• Class C felony convictions are punishable by up to 40 years in state prison, carry a maximum fine of $100,000, or both. Examples include: Arson, OWI Vehicular Homicide with a Previous OWI Conviction, and Causing Death by Administering, Making, or Selling Schedule I or II Narcotic Drugs as well as certain drug possession charges.
• Class D felony convictions can include prison sentences of up to 25 years, a maximum fine of $100,000, or both. Examples include: Hit and Runs that include a fatality, OWI Vehicular Homicide or 2nd Degree Reckless Homicide, and certain drug delivery charges.
• Class E felonies may include punishments of up to 15 years in state prison, a maximum fine of $50,000, or both. Examples of Class E felonies are: Hit and Run Involving Great Bodily Harm, Aggravated Battery Causing Great Bodily Harm Intentionally, Possession of Schedule I or II Narcotics or 3-10g of Amphetamines or Flunitrazepam or Possession of Cocaine (5-15g) With Intent to Sell, and Possession of Marijuana (10kg Or More) With Intent to Sell.
• Class F felonies carry punishments of up to 12 and a half years in state prison and/or fines of up to $25,000. Examples include: 1st Degree Reckless Endangerment, OWI Causing Great Bodily Harm, Stalking Involving a Weapon, and several weapons and drug charges.
• Class G felony convictions may be punished by up to 10 years in state prison and/or a maximum fine of $25,000. Examples include: 2nd Offense Strangulation, OWI 5th Offense, 2nd Degree Reckless Endangerment, Homicide by Negligence with Firearms or Motor Vehicles, Possession of a Firearm with a Previous Felony Conviction, as well as theft and drug delivery charges.
• Class H felony convictions are punishable by up to 6 years in state prison and/or a maximum fine of $10,000. Examples of Class H Felonies include: 4th Offense OWI, OWI with a Minor Under the Age of 16 in the Vehicle, Second OWI Causing an Injury, Strangulation, False Imprisonment, Felony Bail Jumping, Aggravated Battery Causing Great Bodily Harm, theft, destruction of public and private property, weapons charges, and drug charges.
• Class I felonies are punishable by up to 3 and a half years in state prison and/or fines up to $10,000. Examples include: Aggravated Battery Causing Substantial Bodily Harm, Threatening Stalking, Theft, Arson, and Destruction of Property, and certain drug charges.

Fight Felony Charges With Help From Eisenberg Law Offices

If you are facing felony criminal charges in Wisconsin, contact our team right away to discuss your situation. Time is of the essence in building a strong defense. We offer free consultations to help you obtain the legal advice you need to protect yourself from damaging felony charges.

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

This post was originally published at https://www.eisenberglaw.org/firm-overview/articles/wisconsin-felony-classes-eisenberg-law-criminal-defense/.

 

Rear-End Auto Accident Medical Costs | Wisconsin Personal Injury

 

Paying For Medical Costs After a Rear-End Auto Accident

Personal injury claims that result from rear-end auto accidents in Wisconsin are paid by the at-fault driver's insurance. These claims include coverage of medical bills and expenses. When the accident is a rear-end auto accident, there is often an automatic assumption that the driver who hit the car in front of them is at-fault. However, this is not always the case and sometimes, even rear-end accidents can result in a shared liability situation. When liability is shared between the two drivers, determining who pays for medical expenses is less clear-cut and recovering compensation takes longer.

Payment Options for Medical Costs

After an accident, you will have to cover your immediate medical expenses either through your health insurance  or out-of-pocket. These expenses will be added to the total value of your personal injury claim.

In addition to your health insurance, there are three other sources of potential coverage for medical expenses:

1. Medical Payments Coverage. This auto insurance coverage is not required in Wisconsin, but it must be offered to policyholders. It is an addition to your own auto insurance policy. If you have this coverage, it can help pay for your medical care regardless of fault.
2. The Other Driver's Insurance. If the other driver is at-fault for the accident or has a greater liability than you, his or her insurance is responsible for damages under their liability coverage.
3. Uninsured/Underinsured Coverage. Underinsured and uninsured motorist coverage is available through your own auto insurance policy. This coverage can be used to cover expenses incurred from an accident with a driver who was underinsured or who did not have insurance. Wisconsin requires drivers to carry underinsured motorist coverage (UIM) of at least $25,000 per person and $50,000 per accident, but does not require drivers to carry uninsured motorist (UM) coverage.

Covered Damages

Victims are eligible for compensation for a variety of damages in a rear-end auto accident in Wisconsin. These include:

• Medical expenses
• Lost wages if you missed work while recovering
• Loss of future earning capacity
• Pain and suffering
• Emotional anguish
• Loss of enjoyment of life
• Loss of consortium

Strengthen Your Rear-End Auto Accident Claim With Help From The Personal Injury Attorneys at Eisenberg Law Offices

The Wisconsin personal injury attorneys at Eisenberg Law Offices are here to help injured car accident victims navigate the insurance claims process and receive compensation for their medical costs. We represent our clients by:

• Investigating the accident and related injuries.
• Gathering evidence to support your case.
• Ensuring a fair and thorough analysis of liability.
• Helping you determine damage amounts and compensation requests.
• Acting as your representative with insurance companies and other third parties.

If you were injured in a rear-end auto accident, contact us to arrange a free consultation. We can help you determine if you have a personal injury case and how much compensation you may be eligible to receive.

Call Eisenberg Law Offices at 608-256-8356 or email info@eisenberglaw.org to arrange your no-risk, no-obligation consultation.

This post was originally published at https://www.eisenberglaw.org/firm-overview/articles/rear-end-auto-accident-medical-costs-wisconsin-personal-injury/.