Expunged Juvenile Records | Wisconsin Criminal Defense

 

Expungement of Juvenile Records in Wisconsin

Wisconsin juvenile crimes are particularly disturbing. It can be alarming to learn the age of the perpetrator and many people often wonder how the juvenile’s future will play out. They aren’t alone in wondering about this. Doctors, judges, and prosecutors have all wondered how age impacts a juvenile’s actions, particularly now that medical research suggests that the human brain is not fully developed until the age of 25.

But even if a defendant’s age is under 25, age alone cannot be used as an excuse for the dismissal of charges or leniency in sentencing. A crime is still a crime, after all. One advantage that juveniles have that adults do not have is that juvenile records may be expunged.

Juvenile Record Expungement Under Wisconsin Law

Individuals who qualify as juveniles at the time of their crime may make a request to have their records expunged. Expungement removes your name from the criminal records of the case but does not overturn your conviction. Having your name removed from the case records can make it easier to secure a job, enroll in a college or university, or find housing.

Juvenile records can be expunged in Wisconsin under certain conditions. These include:

• The applicant was under 25 years of age when the crime was committed.
• The crime was a misdemeanor or a low-level, non-violent felony.
• Guilt was admitted and the punishment was fully completed, including probation terms.
• The potential consequence for the crime had a maximum imprisonment period of up to six years.

Each of the conditions listed above must be met in order to request a records expungement.

2021 Ruling from the WI Supreme Court

In June 2021, the state Supreme Court tightened the rules related to juvenile records expungement. The Court ruled that sentencing judges could not give leniency when expunging a young adult’s record if that same person violated any condition of their punishment or probation sentence. The decision was not unanimous with the dissent arguing that judges should have some discretion in leniency taking into account how large or small the infraction committed by the juvenile during their sentencing term was and how it affected their punishment.

Contact Eisenberg Law for Help with Juvenile Records Expungement

Expungement can be very effective in helping a young adult clear the path toward a more successful future. If you or a family member are interested in having juvenile records expunged, contact Eisenberg Law Offices in Madison, Wisconsin for help. We can help you understand how expungement works, determine if you or your loved one is eligible for expungement, and file the request and represent you to the judge.

Learn more about expungement in a private and confidential meeting with one of our criminal defense attorneys. Call 608-256-8356 or email info@eisenberglaw.org to schedule a free consultation.

This post was originally published at https://www.eisenberglaw.org/expunged-juvenile-records-wisconsin-criminal-defense/.

OWI 2nd Offense in Wisconsin | Wisconsin OWI Attorney

 

Received an OWI 2^nd Offense in Wisconsin? Here’s What to Expect

Anyone who receives an OWI 2^nd offense in Wisconsin can expect harsher fines and penalties than what they received for their first OWI offense. First OWIs are considered a civil offense in the state, but a second OWI is a criminal offense with no exceptions. It is possible to receive up to 6 months of jail time, fines up to $1,100, and the loss of your driver’s license for 12 months.

OWI 2^nd Offense Penalties

If your first OWI occurred within the past 10 years, the penalties for your 2^nd OWI will be more severe. A second OWI conviction may see you penalized with:

• 5 days to 6 months in jail. The amount of days you are incarcerated is doubled if there was a passenger under the age of 16 in the vehicle when you were stopped for OWI.

• $350-$1,100 in fines. These are the minimum and maximum fine amounts for an OWI 2^nd offense. If you have a BAC of .17% to .199%, the fines double. They triple if the BAC is .20% to .249%. Fines quadruple if the BAC is .25% or higher.

• Mandatory substance abuse treatment. All OWI convictions include mandatory substance abuse assessment from an approved facility within the driver’s county of residence. This assessment must occur within 72 hours of the conviction. Upon completion of the assessment, a driver safety plan will be developed and the driver may be required to undergo substance abuse treatment, OWI classes, or other programs.

• Loss of Driver’s License. It is possible to lose your license or have it suspended if chemical analysis shows a prohibited BAC level or drug content. At a minimum, the driver’s license will be suspended for 6 months, but the time may be increased if you refuse BAC testing. A judge may also suspend your license for 12-18 months plus confinement length if you are convicted of 2^nd OWI in court. This runs at the same time as the 6-month test failure suspension; it is not an additional 12-18 months on top of that. The revocation period may be doubled if there was a passenger under 16 in the vehicle with you.

• Ignition Interlock Device (IID). Once your license has been reinstated, you will have to install an ignition interlock device (IID) on all vehicles that are titled or registered in your name. The device will remain in place for 18 months to two  years. This cost of IIDs is approximately $1,000 per year, per vehicle.

Additional Consequences of a Second OWI in Wisconsin

It is costly to be charged with an OWI. In addition to the legal penalties mentioned above, other expenses and consequences related to a second OWI in Wisconsin are:

• The cost of alcohol and drug assessment and the subsequent driver safety plan.
• The cost of an occupational license and reapplication fees.
• Mandatory SR22 high-risk auto insurance.
• Higher life insurance and health insurance rates
• Lost time off work
• Impound fees.

Contact a Wisconsin OWI Attorney if You Have Been Charged

If you have been charged with an OWI, whether it is your first or second offense, protect yourself by seeking help from the OWI attorneys at Eisenberg Law Offices. We offer free and confidential consultations and are committed to helping our clients minimize the fallout from OWIs.

Call 608-256-8356 or email info@eisenberglaw.org to schedule your free consultation.

This post was originally published at https://www.eisenberglaw.org/owi-2nd-offense-in-wisconsin-wisconsin-owi-attorney/.

Car Accident Damages | Wisconsin Accident Attorneys

 

Maximizing the Damages Collected After a Car Accident in Wisconsin

Wisconsin law allows victims of a car accident to collect compensation, called damages, from the responsible party via a personal injury claim. Our auto accident attorneys represent victims who are trying to rebuild their lives after an accident. We help our clients determine the appropriate claim amount by examining the economic losses that they have suffered as well as the non-economic losses.

Economic losses or expenses are fairly straightforward. These amounts are easily quantified and include things such as property damage, medical bills and recovery costs, or lost wages. Non-economic losses do not always have a clearcut dollar amount associated with them but are just as important in “making the victim whole” again as economic losses. Non-economic losses include pain and suffering.

There isn’t an easy way to determine the damage amount a victim should claim. Attorneys and insurers examine evidence from the accident and the severity of the injuries suffered and use that information in a formula to determine the compensation amount that should be awarded.

Examples of Damages Awarded in Wisconsin Car Accident Cases

What kinds of damages can be awarded in a car accident case? There are many different types and some of them include subcategories. This is another reason why it is so important to have a qualified injury attorney representing you. Your attorney will exhaust all opportunities for compensation to help you receive the maximum amount of damage compensation possible. Compensation may be awarded for:

• Medical Expenses. This includes past, present, and future expenses. The bill starts adding up from the moment the accident occurs and may include ambulance service, ER bills, follow-up care, rehabilitation, prescription medication, surgeries, as well as medical tests and lab work. You may also be able to obtain compensation for your travel costs to and from medical appointments. If the injury is long-lasting or permanent, your attorney will fight to make sure your future medical expenses are included in the settlement.

• Lost Wages. If you missed work due to your injuries and recovery, you may apply for reimbursement for those lost wages as well as any benefits you may have lost, such as used vacation or a sick day, or PTO. If the injuries were so severe that you can't even do your job anymore, you may be able to receive compensation for lost future income and benefits.

• Additional Non-Economic Losses. In addition to pain and suffering, other noneconomic losses include: worsening of previous injuries, emotional harm, loss of enjoyment of life, and loss of companionship.

Eisenberg Law’s Wisconsin Car Accident Attorneys Are Here For You

If you have been injured in a car accident in Wisconsin, contact the accident attorneys at Eisenberg Law Offices for advice and representation. We can advise you of your legal options and manage your claim for you to ensure to receive the maximum amount of damages awarded that is possible.

Contact our team at 608-256-8356 or info@eisenberglaw.org to schedule a free case consultation.

This post was originally published at https://www.eisenberglaw.org/car-accident-damages-wisconsin-accident-attorneys/.

Eisenberg Law Personal Injury Cases | Madison, WI Law Firm

 

The Types of Personal Injury Cases Handled by Our Madison, WI Law Firm

Our Madison, WI injury attorneys handle a wide variety of personal injury cases. These cases range from the commonplace, like auto accidents and slip and fall cases, to the less common animal bite injuries, to the extraordinarily serious wrongful death cases.

The personal injury attorneys at Eisenberg Law Offices understand that the injuries suffered in these kinds of cases can cause physical and emotional strain. Our attorneys work for victims to help them recover damages in the form of compensation to help victims and their families move forward in their lives after an accident.

Personal Injury Cases at Eisenberg Law Offices

Personal injury claims take many forms and our team of Madison, WI injury lawyers have broad depth and experience in these types of cases. Specifically, the Eisenberg Law Offices team handles the following types of personal injury cases:

• Animal bites
• Car accidents
• Construction site accidents
• Motorcycle accidents
• Pedestrian and bicycle accidents
• Premises liability/slip and fall accidents
• Truck accidents
• Wrongful death

What to Expect From Your Madison, WI Attorney

Our attorneys will conduct their own examination of the evidence and circumstances surrounding the accident to determine how much compensation you are eligible to receive from the injury incident. Your attorney will look at accident reports, medical reports and bills, insurance and repair estimates, lost wages, and more. We don’t stop at the economic hardships you have suffered. We consider the extent and severity of your injuries, how it has affected your life and ability to work, and even how much treatment and care you are expected to need in the future. 

Taking all of these current and future financial needs into account, we also consider the intangibles or non-economic damages you have suffered such as pain and suffering or emotional turmoil. The economic costs and the non-economic costs are then calculated and combined to arrive at the dollar amount you will claim in your personal injury case.

As a Wisconsin personal injury attorney, we work on a contingent basis. There are no upfront fees and we are only paid if we win you a settlement.

Fighting for Your Right to Compensation

At Eisenberg Law Offices, our goal is to secure the best possible outcome for you based on your needs. We will negotiate with insurance companies, analyze evidence, represent you in court, and fight for you to receive the amount of compensation to which you are entitled to your injuries.

To learn more about services or to meet with a personal injury attorney in private, call 608-256-8356 or email info@eisenberglaw.org.

This post was originally published at https://www.eisenberglaw.org/eisenberg-law-personal-injury-cases-madison-wi-law-firm/.

Credit Card Fraud in Wisconsin | Eisenberg Law Offices

 

Examples and Consequences of Credit Card Fraud in Wisconsin

Credit card fraud in Wisconsin is not always the splashy, large-scale schemes that make the news. It can, and often is, committed on a small scale, by average people. Some of them may not even be aware that they are committing fraud.

What Is Credit Card Fraud?

We use credit and debit cards every day in Wisconsin. Although convenient, this also opens the door to fraudulent activity of which you may be a victim or an unknowing perpetrator. Simply put, credit card fraud happens when a person uses a credit or debit card to obtain money or property without authorization from the card owner or issuer.

Some card numbers are stolen from sites online. Some cards are found lying on the ground. The use of cards in either situation is considered fraud in Wisconsin.

Types of Credit Card Fraud

1. Fraud by False Statements. You can be charged with this type of fraud if you lie on a credit card application and receive a line of credit that you would not have been eligible for had you been truthful. Lying is not limited to income discrepancies. If you are untruthful about your name, address, social security number, or income, it all counts as fraud. This crime is especially serious and severely punished if you use someone else's name or information to secure credit.
2. Fraud by Possessing or Stealing Another Person’s Card. Unsurprisingly, using a stolen credit card counts as fraud, as does intending to sell the card to another person for their use. You may even be charged with fraud if you use another person’s card without permission, even if you didn’t steal it. In Wisconsin, it is illegal to:

• Take a card from another person who did not provide consent.
• Receive a card knowing it was stolen.
• Receive a stolen card with the intent to sell it.
• Receive a lost or misdelivered card and use it, sell it, or gift it.
• Sell a credit card.
• Buy a credit card from anyone who isn’t the card issuer.
• Receive a credit card as security for a debt with the intent to defraud the owner or issuer.

3. Fraud by Forgery. Using or possessing credit or debit cards that have been altered or are counterfeit is considered fraud by forgery. It is also illegal to be the creator of these cards.
4. Fraudulent Use of Cards. You may be charged with credit card fraud on how the card is used and the repercussions can be just as serious as other types of credit fraud. It is illegal to:

• Knowingly use an expired or revoked credit card.
• Knowingly attempt to defraud someone by using your own credit card or allowing another to do so.
• Knowingly use a fake or stolen card at an ATM machine.
• Intercept or acquire information, such as through a skimming machine, at an ATM with the intent to use that information for fraudulent purposes.
• Receive money or valuable goods through someone else’s fraudulent ATM use.
• Provide goods to someone else, knowing that the card being used is stolen or falsified.
• Be in possession of an incomplete card, such as one that is missing certain imprints, with the intent to finish it without the card issuer’s knowledge.

Credit Card Fraud Penalties in Wisconsin

• Class A Misdemeanor for credit card theft, possession of falsified credit cards, or illegally using a credit card to buy less than $2,500 worth of property within a 6-month period. A conviction carries with it a prison sentence of up to 9 months as well as fines of up to $10,000.
• Class I Felony for obtaining between $2,500 and $5,000 worth of property within a 6-month period by using counterfeit credit cards or cards that do not belong to the user. Felony convictions are extremely serious and life-changing. A Class I conviction includes prison for as long as 3 and a half years and fines up to $10,000.
• Class H Felony for using fake or stolen credit cards to obtain between $5,000 and $10,000 worth of property in a 6-month period. If convicted, penalties include up to 6 years in prison and fines of up to $10,000.
• Class G Felony for obtaining more than $10,000 worth of property in a 6-month period by using fraudulent or stolen credit cards. A conviction may include a prison sentence of up to 10 years and fines up to $25,000.

In most cases, people who are convicted of credit card fraud in Wisconsin will also have to pay restitution as part of their sentence. Restitution may include paying back the card owner or issuer the amount of money they stole and/or returning the property that was obtained.

Defense Options

In many cases, credit card fraud can be defended. The following legal strategies help get charges reduced or dropped in Wisconsin:

1. Lack of Intent. The prosecution must prove the defendant had the intent to defraud to secure a conviction. If the defense attorney can make the case that the defendant had no intent to defraud, the case may fall apart.
2. Reasonable Belief of Permission. The prosecution must prove that the defendant knew they were not supposed to be using the card. If the defense can argue that the circumstances did not fit those criteria, the charges may fail to stick. One example of this is when a card is provided for use in emergencies only. If the defendant can prove the situation in which it was used was an emergency, there is no case.

Credit card fraud can be committed unknowingly and in many different ways. If you have been accused of credit card fraud, contact the Wisconsin criminal defense attorneys at Eisenberg Law Offices for representation. We can help you fight the charges by ensuring all information presented is accurate and by presenting a strong and effective defense.

Discuss your situation in a free and confidential consultation by calling 608-256-8356 or emailing info@eisenberglaw.org.

This post was originally published at https://www.eisenberglaw.org/firm-overview/articles/credit-card-fraud-in-wisconsin-eisenberg-law-offices/.

Nerve Damage After a Car Accident | Eisenberg Law Offices

 

Can I File a Claim for Nerve Damage After a Car Accident?

Broken bones, concussions, and bruising may be most visible after a car accident, but nerve damage is just as common. This type of injury can be difficult to treat, requiring many visits with different medical professionals to obtain an accurate diagnosis and effective recovery plan. The good news is that you can file an injury claim to help cover some of these costs after a car accident. How much you are able to recover in damages depends on your specific situation because no two cases are ever alike, particularly injury cases.

Suing for a Nerve Damage

Filing a claim or suing the negligent party for your nerve damage is allowed under Wisconsin personal injury law. One factor that could influence your claim is your insurance coverage.

Car accident victims first have to pursue compensation through the insurance claims process. Wisconsin operates under a tort system, which is fault-based. This means that whoever caused the car accident is responsible for paying for all accident-related costs for anyone who was involved in the accident. This could include the other driver and his/her passengers.  

You would apply for damages through the at-fault party’s insurance company or your own uninsured or underinsured auto policy coverage. The insurer may offer a settlement, but you should discuss this offer with a personal injury attorney before accepting. It is not uncommon for these offers to be inadequate for your current and future medical needs in a nerve injury case.

If the offer is too low or if the insurer refuses to provide a settlement, your attorney can then file a lawsuit on your behalf to try and help you obtain the compensation to which you are entitled. In some cases. The nerve damage is so severe that it hits the limits of the policy coverage. In situations like that, you may also want to file a lawsuit against the at-fault party directly to obtain the difference between what insurance covers and what you need to pay your medical bills.

Nerves and Injury

Our nervous system covers the entire body. It is a complex system that involves our skin, organs, and brain. Proper function is essential to daily activity. Injuries to the nervous system can affect any part of the body and have the ability to severely disrupt your life. Nerves can be damaged if they are stretched, compressed, crushed, pinched, or spliced.

Some of the most common injuries that cause nerve damage are:

• The rapid forward and back motion of being in a car accident can cause whiplash which can stretch, tear, or compress nerves.
• Herniated disk. Herniated disks put pressure on nerves in the spinal column and may lead to serious permanent injuries.
• Pinched nerve. A pinched nerve occurs due to inflammation of muscles and soft tissues as they react and protect the body after trauma. Pinched nerves can become chronic if left untreated, disrupting the nerve’s ability to function properly.

Symptoms of Nerve Damage

Even the most minor of car accident injuries can cause serious damage. Nerve damage is especially hard to diagnose because it isn’t visible to the naked eye or even on imaging scans. Accident victims should pay attention to their bodies and always seek out medical care after an accident and especially if they experience any of the following symptoms:

• Spasms
• Burning
• Tingling
• Numbness
• Sensitivity
• Weakness
• Severe pain
• Twitching

How Much are Victims Compensated?

The amount of compensation you receive in a claim or lawsuit depends on:

• The extent of the injury and its impact on your life,
• The amount of medical care you require, for how long, and how much it costs,
• Intangibles like pain and suffering, loss of function, or emotional distress, and
• Insurance coverage and payouts.

Your attorney will examine all of these factors to pull together a fair claim amount that will form the basis for your settlement request. From there, the attorney will work through the insurance claims process and possibly the court system to ensure you are paid what you are due.

File a Claim for Car Accident Injuries With Help From Eisenberg Law Offices

If you have been injured in a car accident and have nerve damage, contact the personal injury attorneys at Eisenberg Law Offices. We can help you file a claim, negotiate with insurance, and pursue a lawsuit against the at-fault party to ensure you receive the total compensation amount you need to fully recover from the accident.

Arrange a free, no-obligation consultation by calling 608-256-8356 or emailing info@eisenberglaw.org.

This post was originally published at https://www.eisenberglaw.org/firm-overview/articles/nerve-damage-after-a-car-accident-eisenberg-law-offices/.

 

6 Questions About Disorderly Conduct Charges in Wisconsin

Disorderly conduct is a Class B misdemeanor in Wisconsin. The charges stem from arguments, altercations, and disagreements and are one of the easiest of charges to levy against a person.

Disorderly conduct is defined by Wisconsin State Statute 947.01(1) as:

“Whoever, in a public or private place, engages in violent, abusive, indecent, profane, boisterous, unreasonably loud or otherwise disorderly conduct under circumstances in which the conduct tends to cause or provoke a disturbance is guilty of a Class B misdemeanor.”

A conviction on disorderly conduct charges can be punished by up to $1,000 in fines and as much as 90 days in jail.

Two Facts About Disorderly Conduct Charges In Wisconsin

1. Disorderly conduct is one of the most frequently charged crimes in Wisconsin.
2. A person may be charged with disorderly conduct if they behave in a manner that causes a disturbance.

Disorderly Conduct FAQs

1. Can I Be Charged Even If I Didn’t Disturb Anyone? If no one was bothered by your conduct, you may assume you can’t be charged with disorderly conduct. However, the statute does not specifically require that others be disturbed in order to be charged. To be charged with the crime, you must only have demonstrated the type of behavior that tends to create a disturbance.
2. Can I Be Charged Based on Speech Alone? Despite free speech protections, you can face disorderly conduct charges if your speech serves no other purpose than to cause a disturbance.
3. Can I Be Charged with Disorderly Conduct if I am Carrying a Gun? You cannot be charged with this crime simply for carrying a gun. In order to be charged, you must also have caused a disturbance or had the intent to harm someone else with the gun.
4. What Happens if I am Arrested for Disorderly Conduct? If you are arrested and charged, you will be taken to jail and given a chance to post bond and be released the same day. If you cannot post bail or if you are charged with a felony, you will remain in jail until you see a judge.
5. I Have Received a “Wisconsin Uniform Misdemeanor Citation”. What is That? This citation is not a ticket. It is a notification that you have been charged with a crime. It will include a time and date for your court appearance. If you do not appear for this appearance, the judge will issue a warrant for your arrest.
6. My Situation Involved a Domestic Partner and I Received a No Contact Order. What Does That Mean? Domestic charges in Wisconsin often involve no contact orders in addition to disorderly conduct charges. If you have received a No Contact Order, you will be unable to have any contact with the other person for 72 hours. If you violate this order, you will be charged with a separate crime.

Fight The Charges With Help From Eisenberg Law’s Criminal Defense Attorneys

If you are facing disorderly conduct charges, contact Eisenberg Law Offices for advice and representation. This is particularly important if you have also been issued a No Contact Order to ensure you do not violate any portion of the Order. The last thing you want to do is make the situation worse than it already is.

Our criminal defense attorneys help clients fight disorderly conduct charges and represent them in their initial court appearances and beyond to protect their rights and minimize the repercussions of the charges. Find out how we can help you by calling Eisenberg Law Offices at 608-256-8356 or emailing info@eisenberglaw.org to schedule a free case consultation.

This post was originally published at https://www.eisenberglaw.org/6-questions-about-disorderly-conduct-charges-in-wisconsin/.

4 Common Defenses To Wisconsin OWI Charges | Eisenberg Law

 

4 Common Defenses Against OWI Charges in Wisconsin

Wisconsin driving laws are strict, particularly when it comes to OWI charges. An OWI conviction can lead to the loss of your driving privileges, fines, and even jail time, which is why they should never be taken lightly.

Prosecutors rely on physical evidence to prove OWI cases. Therefore, defense strategies center on disputing this evidence. This often comes down to examining whether or not proper procedures were followed or questioning the validity of test results. Below are 4 common defenses that the OWI attorneys at Eisenberg Law Offices use to protect their clients’ rights and driving privileges. 

4 Common Defenses to Wisconsin OWI Charges

There are many different types of evidence used to prove OWI charges. Tangible evidence includes blood alcohol levels and other chemical test results. Other types of evidence are more subjective, relying on judgment calls rather than objective evidence. In both cases, challenging the evidence or how it was collected can be an effective defense strategy. Our 4 common defenses center on the answers to the following questions.

1. Did the Officer Have Probable Cause? Officers must have a legal reason to stop the vehicle, detain the driver, and make an arrest. If any one of these factors is missing, the officers did not have probable cause. Evidence collected without probable cause is not valid and will be removed from the evidence against you.
2. Did the Officer Provide an Implied Consent Warning? Wisconsin requires law enforcement officers to tell anyone they suspect of OWI the legal consequences of refusing a chemical test. If they do not provide this implied consent warning, test results can be invalidated as evidence. Although refusing to take a chemical test will lead to an automatic suspension of your license, it also helps you avoid self-incrimination. Your attorney can then advocate for your license to be returned.
3. Were the Officer’s Observations Subjective? Officers often have to rely on their judgment to determine levels of intoxication, whether or not a driver is “under the influence”, and even what constitutes failing a field sobriety test. These observations can be highly subjective and, as a result, can be challenged by your OWI attorney.
4. Are the BAC Readings Accurate? BAC readings are not as accurate or reliable as they are made out to be. BAC levels can be affected by a number of factors such as the time since your last drink or food you’ve eaten and how long it has been in your stomach. There are several arguments an OWI attorney can make, questioning the validity of BAC test results.

Fight Wisconsin OWI Charges With Help From Eisenberg Law

As our 4 common defense strategies indicate, OWI charges do not necessarily lead to OWI convictions. It is possible to build a strong and effective defense with help from the Wisconsin OWI attorneys at Eisenberg Law Offices. Discuss your case and your options with one of our OWI attorneys in a free consultation by calling 608-256-8356 or emailing info@eisenberglaw.org.

This post was originally published at https://www.eisenberglaw.org/4-common-defenses-to-wisconsin-owi-charges-eisenberg-law/.

Dog Bite Injuries and Wisconsin Statute of Limitations

 

Dog Bite in Wisconsin? Report it Before the Statute of Limitations Runs Out

A dog bite qualifies under personal injury law in Wisconsin. That means you can file a lawsuit against the dog owner to obtain compensation for your injury. One important fact to keep in mind: the statute of limitations. You have a limited period of time in which to file the lawsuit or you will miss your chance to file a suit and collect damages.

The Statute of Limitations in Dog Bite Injury Cases

Wisconsin has a 3-year statute of limitations on dog bite injuries. That means that you have 3 years from the date of the attack to file a lawsuit. If you miss this deadline, you will be unable to ever file a lawsuit to obtain compensation for your injuries. There are exceptions to the 3-year limit if the one bitten was a minor. In that case, the statute of limitations ends two years after their 18^th birthday.

Even though there is a 3-year statute of limitations on filing a claim, that limit does not apply to resolving the claim. Once filed within the appropriate timeframe, cases do not have a limit on how long they can be litigated. Some cases are solved quickly while others can take years to go through the legal system. However, as long as the suit was filed within the 3-year deadline, it can proceed no matter how long it takes to reach a resolution.

Take Action Soon After a Bite

There’s no need to wait until the 3-year mark approaches to take action after a dog bite. Even if you don’t think you want to pursue a personal injury claim, you should still report the incident. This will help build your case if you do decide to pursue a claim in the future. But it will also alert animal control to the fact that there is a dog that bites in the area and they can verify whether or not the dog is current on their shots, including rabies.

If you have suffered a serious injury, call 911 to receive prompt medical attention, then follow up with your doctor for a more comprehensive exam. This is particularly important if you do not have proof of the dog’s rabies vaccination status or if the wound becomes infected or isn’t healing as expected.

Meet with a Wisconsin Dog Bite Attorney at Eisenberg Law Offices

The State of Wisconsin holds dog owners strictly liable for any bites or injuries that their dogs inflict on others. Our personal injury attorneys will help you collect evidence and build a case to prove that you are entitled to compensation as a result of the dog’s attack. If insurance companies are involved, we will represent you to them and negotiate to ensure you receive a fair and accurate settlement.

Contact the Wisconsin personal injury attorneys at Eisenberg Law Offices by calling 608-256-8356 or emailing info@eisenberglaw.org to arrange a free consultation.

This post was originally published at https://www.eisenberglaw.org/dog-bite-injuries-and-wisconsin-statute-of-limitations/.

Eisenberg Law | Madison Wisconsin Car Accident Lawyer

 

5 Ways a Car Accident Lawyer Can Help You After an Accident

A car accident lawyer is your advocate and guide from the initial claim filing to whatever path your claim takes – a settlement or a court case. Our Madison, Wisconsin car accident attorneys make certain that accident victims’ rights are protected and that every avenue is exhausted before a claim is settled to ensure fair and adequate compensation for injuries and expenses. Below, are 5 ways auto accident attorneys can accident victims.

Five Ways Our Madison, Wisconsin Law Firm Helps Car Accident Victims

1. Help You Understand What’s Going on. Attorneys know the law. They know how insurance companies work. They know how the court system works. They know what kinds of claims get approved and which don’t. Your Eisenberg Law attorney will help you understand your rights and explain your legal options so you can make the best decision for your situation.
2. Investigate and Collect Evidence. Appropriate evidence is crucial to the success of a car accident claim. Our attorneys collect and analyze evidence and use it to build your claim. Evidence may include: accident reports, camera footage, witness testimony, medical files, and insights from expert witnesses.
3. Determine Claim Amount. Claim amounts are based on facts. Car accident lawyers calculate the economic expenses of the accident such as current and future medical bills and lost wages, as well as the non-economic damages such as PTSD and pain and suffering. They use this information to determine a dollar amount for your claim that covers all of these current and anticipated expenses.
4. Handle the Insurance Company for You. Your Eisenberg Law attorney can manage the insurance claims process and negotiate a settlement on your behalf. This allows you to avoid the typical insurance stonewalling or low-ball settlement offers that are all too common in the industry.
5. Represent You in Court. If you are unable to reach a settlement with the insurance company, your car accident lawyer can file a lawsuit and represent you in court. Your attorney will also represent you during the pre-trial and discovery stages, prep for trial, and evaluate any settlement offers that present themselves in the meantime. If you do make it to trial, your attorney will represent you in court, presenting facts and evidence and fighting for your right to obtain the full compensation amount you are due.

Contact Eisenberg Law in Madison, Wisconsin For Car Accident Representation

The car accident attorneys at Eisenberg Law Offices represent accident victims throughout Wisconsin. We fight aggressively for our clients to ensure they receive the compensation they are entitled to so they can move forward with their lives after an accident.

If you have been injured in a car accident and need help managing the insurance claims process, negotiating with your insurer, or need to take the claim to court, contact our Madison, Wisconsin law firm at 608-256-8356 or info@eisenberglaw.org to schedule a free case consultation.

This post was originally published at https://www.eisenberglaw.org/eisenberg-law-madison-wisconsin-car-accident-lawyer/.

Wisconsin Gun Ownership | Legal Options | Illegal Possession

 

The Legalities Of Gun Ownership in Wisconsin

Gun ownership is popular in Wisconsin. The state is full of hunters and collectors as well as people who just enjoy going to the shooting range. Fortunately, the 2^nd Amendment to the U.S. Constitution provides U.S. citizens with the right to own guns and engage in these activities. However, with the right comes responsibilities. Violations of the state’s gun laws can lead to legal consequences and even the loss of your guns.

Who Can Own a Gun in Wisconsin?

Anyone over age 18 can open carry anywhere that concealed carry is legal in Wisconsin as long as they have not been prohibited from firearms possession.

There are no licensing requirements in the state, but gun buyers are subject to a background check when buying through a licensed dealer. Residents must be at least 21 years old to buy a gun.

It is illegal to open carry a gun in WI in or on:

• Police stations, state patrol stations, or sheriff’s offices
• Correctional facilities of any kind
• A mental health treatment center
• Federal, state, or county courthouses
• Municipal courtrooms that are in session
• Airports, past the security checkpoints
• School property
• Bars (unless there is a preexisting concealed carry weapon license)
• Federal land or property, except for national forests

WI Concealed Carry Laws

There are even stricter rules for concealed carry. Anyone who plans to conceal carry their weapon must apply and be approved for a concealed carry weapon license. Licensing requirements are:

• 21 years of age or older
• Provide a valid ID, such as a driver’s license
• Complete state-licensed firearm training
• Be free of court orders prohibiting the purchase of a firearm
• Have no felony convictions
• Have no illnesses that result in the prohibition of gun ownership
• Meet all federal firearms ownership requirements

Who is Prohibited from Owning a Gun?

The state builds on federal laws for who can and cannot possess a gun. Together, the laws help prevent gun ownership by individuals who have demonstrated risk factors. You cannot own or purchase a gun in Wisconsin if:

• You have been convicted of a felony crime in the state
• You have been convicted of a crime in another state that would be considered a felony in Wisconsin
• You committed a crime as a juvenile that would result in a felony charge if it had happened when you were an adult
• You were charged with a felony but found not guilty due to a mental health condition
• You were found not guilty of a crime in another state by reason of insanity that would be charged as a felony in Wisconsin
• You have been ordered not to have a gun because you have been in rehab for mental health issues or drug dependency, have had a guardian appointed for you, or have been put in a protective placement
• You have gone to rehab for alcoholism and have been determined to be a risk to yourself or the public safety
• You are under domestic abuse or harassment restraining order

Penalties for Illegal Gun Possession

The penalties for illegal gun possession vary depending on the circumstances with felons facing the most severe penalties. Felons who are convicted of illegal gun possession can be sentenced to as much as 10 years in prison and be fined $25,000 or more.

Carrying a concealed weapon in the state without a permit is a Class A misdemeanor that can lead to 9 months in jail and fines of up to $10,000.

“Possession” is defined as having control of a loaded or unloaded firearm and being aware of that control. Possession also includes handling a firearm, no matter how briefly or minimally.

Explore Your Defense Options During a Consult with Eisenberg Law Offices

If you are charged with possession or illegal gun ownership in Wisconsin, you will need a criminal defense attorney to help you avoid conviction. The criminal defense attorneys at Eisenberg Law Offices have been successfully defending gun ownership and possession cases for over 30 years.

Contact us at 608-256-8356 or info@eisenberglaw.org to schedule a free and confidential consultation to discuss your situation and learn about the defense options available to you.

This post was originally published at https://www.eisenberglaw.org/firm-overview/articles/wisconsin-gun-ownership-legal-options-illegal-possession/.

Dash Cam Footage in Wisconsin Car Accident Cases

 

Is Dash Cam Footage Accepted as Evidence in Wisconsin Car Accident Cases?

In a car accident case, investigators, attorneys, and the courts in Wisconsin will examine evidence to determine liability for the accident. Determining liability is necessary to determine who pays for the damages from the accident. Typically, evidence will include police reports, witness statements, medical reports, and even footage from highway cameras or security cameras. One piece of evidence that is increasingly being accepted is dash cam footage.

Dash Cams in Wisconsin

Dash cams are common on Wisconsin police vehicles and the footage has been used to provide evidence in different types of cases. Dash cams are also used privately in the state and are legal as long as they are installed according to specific requirements.

Dash cams must:

• Not obstruct the driver’s view.
• Be mounted behind the rearview mirror.
• Not block the area cleared by the windshield wipers.

Dash Cam Evidence

Since they are legal in Wisconsin, courts are usually willing to accept dash cam footage as evidence in car accident cases.

Dash cams can provide valuable information about how an accident happened, bolstering your claim and providing visual evidence that you may have forgotten or been unaware of. They can provide visual evidence of road conditions or obstructions in the road and events leading up to the accident. They can prove that the other driver violated the rules of the road or caused the accident.

The footage may also show what happened during and after the accident. This can be especially helpful in hit-and-run accidents. Dash footage may be able to verify the color, make, model, license plates, and condition of other vehicles involved in the accident.

Any of this information can be used to help support your claim. If you have dash cam footage, inform your attorney immediately so the footage can be retrieved before it is lost or damaged. If the other driver has a dash cam, tell your attorney immediately. Your attorney can make a formal request for this footage early before it has a chance to get “lost”.

How a Car Accident Attorney Can Use Dash Cam Footage

Car accident attorneys use dash cam footage to back up your claims with strong, visual evidence. The dash cam may reveal:

• The posted speed limit and how fast you were driving.
• Your position within the roadway or driving lane.
• From which side your car was hit.
• How vehicles traveling in front of you were handled and affected the accident.
• How the other driver behaved after the accident.

Many cams have audio recordings in addition to video footage. These recordings may provide additional evidence such as the other driver’s verbal comments, state of mind, or behavior after the accident, including threats or apologies related to the accident. This information could also be entered as evidence to support your claim.

Dash Cam Footage May Be Used Against You

Just as footage can be used to support your claim, it can also be used against you. The other driver’s insurance company or attorney may try to get the evidence removed by suggesting the footage was inconclusive or altered. They could also argue that the cam was not installed properly, which could hurt your claim even if the footage is helpful to your case. Finally, it could be argued that the footage does not show the collision, therefore, it should be available as evidence.

Meet with a Wisconsin Car Accident Attorney at Eisenberg Law

It is difficult to manage a car accident claim on your own. The at-fault driver, their insurer, and their attorney will do everything they can to disprove your claim or wear you down with delaying tactics. If you have been injured in a car accident, get help navigating the claims process and even going to court, if necessary, from Eisenberg Law Offices. Our auto accident attorneys will support your case with evidence and advocate for you to receive the compensation you are due.

Learn more about our process and your options during a free consultation. Call 608-256-8356 or email info@eisenberglaw.org to schedule.

This post was originally published at https://www.eisenberglaw.org/firm-overview/articles/dash-cam-footage-in-wisconsin-car-accident-cases/.

Domestic Violence Investigations In Wisconsin

 

The Complexities of Domestic Violence Investigations in Wisconsin

Domestic violence makes the news all too frequent. While we may see splashy headlines or an overabundance of reporting on cases involving high-profile individuals, we rarely hear much about the investigation and the ultimate resolution of these cases. That is because these types of cases can be challenging to investigate.

The Challenges of Investigating

Like all criminal complaints, an accusation is taken seriously by law enforcement and must be investigated, even if the accuser tries to withdraw the complaint. Officers must follow certain rules and protocols upon receiving the complaint, particularly because of the risk involved in allowing the two individuals to get back together too quickly after the incident. Even if the individuals say they want to get back together or the accuser wants to drop the charges, there is always the chance of the situation escalating again to an even more dangerous level once officers leave the premises.

In Wisconsin, there does not need to be evidence of physical injury to be charged with this crime. In some cases, both parties may have injuries making it difficult to identify who is the victim and who is the perpetrator. This is another area of complexity in domestic situations that requires officers to conduct a thorough investigation.

Finally, domestic violence is a broad category in Wisconsin. The charges may stem from physical violence that causes pain and/or injury, sexual assault, or even verbal threats that create a sense of fear in the victim. This very large category of criminal behaviors makes it crucial for investigators to take their time and be absolutely thorough in their investigation. Unfortunately, it also causes investigations to last longer.

Domestic Violence Charges Disrupt Lives

All of these complexities can create a sense of limbo for the accused. In many cases, they will be under a restraining order until the investigation has been closed and their name cleared. That means they can’t even go home while they wait. This can impact their financial situation if they need to pay for another place to live and may affect their job or ability to get around if they share a vehicle with their partner.

Keep in mind, that this disruption is just during the investigatory period of the charge. If you are convicted in Wisconsin, you may face fines and jail time, lose access to your home and could even lose your job and source of income.

Protect yourself with help from the criminal defense attorneys at Eisenberg Law Offices. Schedule a free and confidential case consultation by calling 608-256-8356 or emailing info@eisenberglaw.org today.

This post was originally published at https://www.eisenberglaw.org/domestic-violence-investigations-in-wisconsin/

Avoid Marijuana Drug Charges in Wisconsin

 

Avoiding Marijuana Drug Charges in Wisconsin

As more and more states legalize marijuana, it is easy to let down your guard and think it is not a big deal here in Wisconsin. That could not be further from the truth. Although there have been movements to decriminalize marijuana in the state, it has not happened yet. It is still illegal to use or be caught with marijuana here and doing so will result in marijuana drug charges.

You Risk State and Federal Charges

Marijuana use remains illegal under both Wisconsin state law and federal law. If convicted of the charges, you are facing either a state or federal drug crime. You can go to jail, be fined, and will have a criminal record. Once law enforcement is aware of marijuana in your possession, you might find the drug charges piling up. Being charged with an OWI for driving under the influence of marijuana is one example of this.

Purchasing marijuana in a state where it is legal, like Illinois, is not a safeguard. As soon as you cross the border into Wisconsin you risk drug possession charges if caught. You may even face federal drug charges for carrying marijuana across state lines.

Marijuana is a Schedule I Controlled Substance at the Federal Level

This is a good reminder that state drug charges aren’t the only thing you have to worry about. The federal government still classifies marijuana as a controlled substance and only recently downgraded it from Schedule IV to Schedule I. Since it is illegal at the federal level, you can face federal drug charges for cultivating, possessing, or selling marijuana even in states where marijuana is legal.

Federal crimes are often punished more harshly than state drug crimes and a conviction will show up on your record as a federal crime.

Beat Marijuana Drug Charges With Help From Eisenberg Law

Despite marijuana becoming more mainstream across the U.S, the fact remains that it is not legal in this state. Violating state or federal drug laws is a serious crime with far-reaching repercussions on your life.

A conviction on marijuana drug charges puts your freedom, your reputation, and your livelihood at risk. Do not leave your defense to chance. Contact the criminal defense attorneys at Eisenberg Law Offices in Madison. We provide state and federal drug crime defense to minimize your exposure and protect your rights.

If you are facing drug charges, call 608-256-8356 or email info@eisenberglaw.org to schedule a free, confidential consultation.

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

 

How Long To Settle A Personal Injury Case In Wisconsin

 

Ask a Wisconsin Injury Attorney: How Long To Settle A Personal Injury Case?

If you have been injured and are pursuing a personal injury case in Wisconsin, one of the top questions in your mind is likely “How long to settle a personal injury case?”

This is a valid concern. You are probably eager to move forward with your life and put the accident behind you, want to know when you will receive your settlement amount, and how much the final amount will be.

The Wisconsin personal injury attorneys at Eisenberg Law Offices receive this question frequently. Unfortunately, there is no easy answer. Personal injury cases are influenced by the type of case, the circumstances surrounding the event, the severity of the injuries, and even the specific insurance company involved in the case.

The 4 Main Factors That Affect Personal Injury Case Settlement Timelines

1. Accident Type. Personal injury cases arise from many different types of accidents. A simple car accident or slip-and-fall case may be resolved much more quickly than a defective product case or a medical malpractice case, for example.
2. Injury Severity. As a general rule, less severe injuries result in quicker settlements. This is because the case is not as complex as those in which the victim suffered more severe or even life-changing injuries. One reason for this is the amount of time and care that must be put into obtaining an accurate valuation to ensure you receive a compensation amount that is adequate for your past, current, and future needs.  A permanent injury usually takes at least one year to establish.
3. Who is Liable. If multiple parties bear some fault for the accident that led to the injuries, the case automatically becomes more complex. Now, instead of just two people or insurers negotiating the settlement, there are three or more. For every additional liable party, you can expect the timeline for a resolution to increase.
4. Insurance Settlements. If an insurance company is representing the liable party, you may receive a settlement offer long before you ever need to go to court. In fact, they do this specifically to avoid going to court. Many victims are tempted to take the early offer just to put an end to the case. If you do this, the case will be wrapped up sooner, but you may not receive the amount you need from the settlement to fully cover your losses.

How Long To Settle A Personal Injury Case? Consult Wisconsin’s Eisenberg Law Offices

If you are wondering how long to settle a personal injury case, contact the attorneys at Eisenberg Law Offices for advice. We can provide you with a free case consultation that will help you understand the complexities of your case, analyze any settlement offer you have received, and provide guidance on how long it may take to settle your case.

Call 608-256-8356 or email info@eisenberglaw.org to schedule your consultation.

This post was originally published at https://www.eisenberglaw.org/how-long-to-settle-a-personal-injury-case-in-wisconsin/

Wisconsin Personal Injury Lawyer Q&A | Eisenberg Law Offices

 

5 Questions and Answers About Hiring a Personal Injury Lawyer in Wisconsin

In Wisconsin, a personal injury lawyer is consulted after there has been an accident and injuries have occurred. The victim of the accident may wonder if negligence was a factor in their accident and consult an injury attorney for advice and guidance. This is a reasonable question to ask since not all accidents qualify as a personal injury case. Below, we take a look at five common questions about personal injury law and provide the answers victims need to determine whether or not their situation is worth discussing with a Wisconsin personal injury lawyer.

1. How do I know if I have a case? The best way to find out if your situation qualifies as a personal injury is to consult one of our Wisconsin personal injury attorneys. Even if you have been injured in an accident, certain conditions must exist to pursue a personal injury case. Negligence is the most important one of these conditions. Your attorney must be able to prove that the actions or inactions of another person contributed to your injury.
2. How can I find out what my case is worth? There is no straightforward way to determine this number since there are many factors that need to be considered when valuing the claim. At the most basic, a personal injury attorney will consider the black and white financials of your injury – how much you have paid in medical bills, for example. From there, other factors may be examined such as your ability to work and whether or not you have lost wages due to the injury. Another factor is whether you have suffered any emotional or mental anguish. This post shares more details about how to determine the value of a personal injury case.
3. How much does it cost to hire a personal injury lawyer? Wisconsin injury attorneys work on a contingency basis. That means you do not pay any fees to the attorney unless you are awarded compensation in your case. This arrangement makes it easier for victims to get the legal advice and representation they need at a time when they need it most. Fees paid to the attorney are generally a percentage of the final compensation award amount.
4. Who has to pay for the damages in a personal injury lawsuit? In the vast majority of cases, insurance companies are involved in personal injury lawsuits and they pay the damages. It is very common for injury cases to be settled out of court and never go to trial because the insurance company wants to close the case. However, this is not always in the best interest of the victim, which is where consultation with a Wisconsin personal injury lawyer becomes so important. The last thing you want to do is accept a lowball settlement offer and then find out it is not enough to cover your losses. In many cases, once you accept a settlement offer, you waive your right to take the case to court at a later date.
5. What if I was responsible for the accident? Can I still be awarded damages? One thing that many victims overlook is the extent of their own liability for the accident. Wisconsin is a comparative negligence state which means it is possible for both parties to bear some fault for the incident that led to the injury. If that is the case for you, you may still be awarded damages provided your negligence is equal to or less than the other party, but they might be reduced by an amount equal to the percent of responsibility you bear for the accident.

Meet With a Personal Injury Lawyer at Eisenberg Law to Get Answers to All of Your Questions

Personal injury cases are unique and complex. The best way to find out if you have a case and what your chances of being awarded damages are is to meet with an Eisenberg Law Offices personal injury lawyer. Since we work on a contingency base, all case consultations are free and are always confidential.

Schedule your free case consultation by calling 608-256-8356 or emailing info@eisenberglaw.org.

This post was originally published at https://www.eisenberglaw.org/wisconsin-personal-injury-lawyer-qa-eisenberg-law-offices/

Avoid Reckless Driving Charges In Wisconsin | Eisenberg Law

 

Avoiding Reckless Driving Charges in Wisconsin

Wisconsin state driving laws are intended to keep the roadways safe for drivers, pedestrians, bicyclists, and anyone else who uses the road. If you break these “rules of the road”, it is a crime and you will be punished in the form of tickets and fines or worse. Reckless driving charges are one example of a more severe charge. A conviction for reckless driving can include jail time in addition to fines. Being aware of what constitutes reckless driving in Wisconsin can help you avoid these behaviors and the repercussions.

What is Reckless Driving?

In Wisconsin, reckless driving is defined as negligent driving behaviors that cause “bodily harm” or “great bodily harm” to another person and also includes the endangerment of property due to the negligent operation of a vehicle. Other than the specific mention of “Endangering someone while driving over railroad tracks or around a crossing gate”, there isn’t a formal list of driving behaviors that qualify as reckless, but there are several examples of driving behaviors that tend to show up on reckless driving charges. These include:

• Driving under the influence of drugs or alcohol
• Texting and driving
• Distracted driving
• Street racing or driving at high speeds
• Failure to stop for stop signs or red lights
• Aggressive driving and road rage
• Driving outside of traffic lines
• Intentionally blocking the flow of traffic

Penalties For Reckless Driving in Wisconsin

Penalties and punishments for reckless driving vary based on the severity of the infraction. Some violations just end with tickets, others can lead to felony charges. How severely you are punished also depends on whether it is your first offense or not.  

• First offense penalties range from $25 to $200 in fines.
• Repeat offenses that occur within 4 years of the first offense may land you in jail for up to 12 months along with fines ranging from $50 to $500.
• Offenses that caused minor injuries to others can also be punishable with up to 12 months in jail and fines between $300 and $2,000.

Offenses resulting in life-threatening injuries fall under the definition of "great bodily harm" and are a Class I felony. A conviction may include up to 3 and a half years in prison and as much as $10,000 in fines. You will also lose your driving privileges for as many as 12 months.

Any sort of reckless driving conviction will result in 6 points being added to your driver’s license. The license will be suspended if you receive 12 points within one year.

Reckless Driving Defense at Eisenberg Law

The best way to avoid reckless driving charges is to avoid the driving behaviors that lead to them. If you have already been charged with reckless driving, contacting an experienced defense attorney is your best chance to minimize your risk of severe fines and penalties.

There are several defense strategies that can be successful against reckless driving charges. They can help get the charges reduced or dropped entirely.

1. The Defendant Was Not Driving.
2. The Driving Was Not Reckless.
3. The Reckless Driving Was Necessary.
4. It Was A Mistaken Arrest.

Reckless driving charges can be fought and can be fought successfully with a qualified attorney by your side. If you have been charged with reckless driving, don’t give up and don’t delay. Contact the reckless driving defense attorneys at Eisenberg Law Offices for help. We can help you avoid the worst of the fines and penalties so you don’t lose your license or go to jail.

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

Determining Liability in a Head-On Collision Car Accident

 

Determining Liability in a Head-On Collision Car Accident

Head-on collisions represent a very small fraction of car accident types in Wisconsin but they are particularly dangerous and deadly. Even when accident victims survive, they may require significant medical care and have life-changing injuries. Many victims pursue compensation for their injuries in order to be able to pay for their ongoing medical needs. Before any compensation can be paid out, however, the insurance company will want to determine liability for the accident.

Causes of Head-On Collisions

Head-on collisions occur when two vehicles traveling in opposite directions crash into each other. Damage occurs to the front of both vehicles and the extent of the damage is often used to determine the speed of each vehicle at the time of the accident.

These accidents can happen on any Wisconsin roadway from poorly-lit rural roads to high-speed interstates and can happen for many different reasons, such as:

• Drunk or impaired driving.
• Distracted driving.
• Drowsy driving.
• Inexperienced drivers.
• Excessive Speed.
• Reckless or aggressive driving.
• Not driving appropriately for road conditions.

In many of these situations, drivers don’t see the danger in time or lose control of their vehicle because of their behavior.

Liability in Head-On Collisions

It can be difficult to determine liability in head-on crashes. In most cases, the driver who is driving the wrong way is at fault because they demonstrated negligence in obeying the rules of the road, but it is possible for both drivers to be partly responsible for the accident and thus bear liability for it.

Since Wisconsin is a comparative fault state, both drivers can be found liable for the accident with each bearing a certain percent of the liability. In situations where compensation is awarded, the compensation amount awarded to each driver may be reduced by the percent amount of liability that each driver bears for the accident. If you are 20 percent liable for the accident, your final awarded amount will be reduced by 20 percent.

In some cases, it is even possible for a third party to be liable for the accident. If an aggressive driver causes another driver to swerve into oncoming traffic and that leads to a head-on collision, the aggressive driver may bear some fault for the accident. Similar situations have happened with pedestrians who stepped out in front of oncoming traffic and caused drivers to swerve to avoid them. In rare cases, there is even the possibility that a manufacturer defect caused the accident and the manufacturer may be liable.

Obtaining Compensation From A Head-On Crash In Wisconsin

Car insurance is required in Wisconsin which means the insurance provider of the driver who is at fault will be the one to compensate the accident victims. Obtaining this compensation is not always as easy as it sounds. The insurer will need to investigate the accident, which takes time. They may try to talk you down and they may offer a settlement that is far below what you deserve or need.

This is where a car accident attorney can help you. The car accident attorneys at Eisenberg Law Offices represent accident victims to insurance companies to ensure their rights are protected, they are not intimidated into accepting a low offer, and they receive the full compensation amount which they are due.

If you have been involved in a head-on collision or any other type of car accident, contact our Madison law firm 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/firm-overview/articles/determining-liability-in-a-head-on-collision-car-accident/

 

Should I Talk to the Police After an Arrest in Wisconsin?

People who are arrested often wonder “Should I talk to the police?” On the one hand, talking to the police seems like the best way to tell your side of the story, clear up any misunderstandings, and get out of jail sooner. On the other hand, our Wisconsin criminal defense attorneys would advise you to not speak to the police without an attorney present.

Why Shouldn’t I Talk to the Police?

The reason why defense attorneys advise you not to speak to the police is that people often do more harm than good to their defense when they do so. There are two ways that speaking to the police without an attorney present can hurt you:

1. You may incriminate yourself unintentionally, giving law enforcement officers more evidence to charge or convict you.
2. You may make a false statement to investigators which will get you in even more trouble and could even lead to false statement charges.

Making False Statements is Illegal in Wisconsin

Wisconsin law makes it a crime to make false statements to police. It is also a crime to interfere with law enforcement when they are acting in an official capacity. Interfering with law enforcement typically occurs in one of two ways:

1. Physically resisting and impeding an officer’s actions.
2. Making a false statement that will obstruct the officer as they carry out their official duties.

Making a false statement to a police officer is considered a Class A misdemeanor; the most serious non-felony charge in the state. Class A misdemeanors can result in up to nine months in prison and fines of up to $10,000.

If you are charged with making a false statement it will be in addition to any other charges you are facing. Even being accused of making false statements will hurt your image and credibility with the court, making it harder to convince a jury of the truth of your statements. Prosecutors are notorious for drawing attention to anything that might undermine your credibility, such as making false statements.

Criteria for False Statements to be Actionable

False statements must meet certain criteria to be legally actionable.

• They must be relevant to the case. Minor or trivial statements may not lead to charges.
• There must have been an intent to mislead the government by making a false statement. You must have knowingly made the false statement to be charged for it. Simply being mistaken in what you say is not enough to be charged.

You can be charged for making false statements in Wisconsin even if the original charges are dropped or never pursued. Sometimes, trying to cover it up is the worst thing you can do.   

You can also face charges at the federal level for making false statements. The actionable criteria are similar, but the punishment is more severe. It is a felony to make false statements at the federal level and can result in up to 5 years in jail.

Hire an Attorney and Follow Their Advice

Don’t ask yourself, “Should I talk to the police?” after an arrest. The best way to help yourself after an arrest is to hire a criminal defense attorney. It is too easy to inadvertently hurt your case, by trying to defend yourself or talk your way out of a situation.

If you have been arrested in Wisconsin and need legal counsel, contact the criminal defense attorneys at Eisenberg Law Offices. We will make sure your side of the story is told while also making sure your rights are protected and you do not harm your own defense.

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/should-i-talk-to-the-police-after-an-arrest-in-wisconsin/.

Wisconsin OWI Impact on Insurance | Eisenberg Law

 

What is my Wisconsin OWI Impact on Insurance?

Operating While Intoxicated, or OWI, is illegal in Wisconsin. Many drivers wonder if an OWI on their record will impact their insurance rates and the answer is Yes. An OWI conviction almost always results in an increase in auto insurance premiums. An OWI conviction will carry other penalties as well, notably the SR22.

What You Need to Know About the SR22

1. Provided by Your Insurance Company. An SR22 is a certificate that auto insurers file with the Wisconsin DMV that proves you have an auto insurance policy. Since it is provided by the insurance company, it is sometimes referred to as SR22 insurance, even though it is not an insurance policy.
2. Required After Driver’s License Suspensions. SR22s are required whenever a driver reinstates their license after having it suspended for OWI. An SR22 is also required of drivers who had a suspended license for driving without insurance, reckless driving, or another violation that resulted in the suspension.
3. Lasts for 3 Years. Drivers are required to have an SR22 for 36 months after an OWI conviction.
4. You Will Lose Your License if Coverage Lapses. If you don’t pay your insurance premiums while you have an SR22 or fail to renew the SR22 at least 15 days before it is due, it will be cancelled and your license will be suspended until a new SR22 is filed.  

Requesting an SR22

You get your SR22 from your car insurance provider. To obtain the certificate, you must contact your provider, determine the coverage amount needed and pay the associated fees. The insurance company will send the SR22 directly to the DMV. You will receive a letter and the SR22 form in the mail once it has been accepted by the state.

Is it Possible to Determine the OWI Impact on Insurance?

Every insurance policy is different and every insurer handles OWIs differently, so there is no way to know what the OWI impact on insurance premiums will be, but it is not unusual for drivers to pay significantly more for premiums after an OWI.

To explore all of your options regarding an OWI impact on your insurance, contact the OWI attorneys at Eisenberg Law Offices and schedule a free consultation. Take steps to protect your future driving privileges now, by calling 608-256-8356 or emailing info@eisenberglaw.org to schedule.

This post was originally published at https://www.eisenberglaw.org/wisconsin-owi-impact-on-insurance-eisenberg-law/.

Wisconsin Car Accident Law | Steps To Take After An Accident

 

3 Steps To Take After Wisconsin Car Accident

No matter what kind of accident you have been involved in, the aftermath can be confusing and busy. The struggles only increase if you have suffered serious injuries or property damage. Despite the challenges, there are several important steps to take after a car accident that will help you if you decide to file an insurance claim or personal injury lawsuit.

3 Must-Do Steps to Take After a Car Accident

There are three must-do steps to take after a car accident in Wisconsin:

1. Take Photos. If you can, take photos of the accident scene. Be sure to include pictures of the damage to the vehicles and accident injuries.
2. See a Doctor. You should always seek medical attention after a car accident, even if you feel okay. Some injuries, especially soft tissue and musculoskeletal injuries, don’t start to show themselves until days or even weeks afterward. A medical check-up can uncover these hidden injuries and get you started on a care plan right away.
3. Contact an Attorney. If you have been injured, you will want to speak with an attorney to receive help filing an insurance claim or working with the other party or their insurer to settle the claim.

Facts About Car Accident Claims in Wisconsin

• You’re Under a Deadline. Many people don’t realize that Wisconsin has a statute of limitations of 3 years on personal injury claims, two years on wrongful death. Claims must be filed within 3 years from the date of the accident if you want to pursue compensation for your injuries. That time can go by very fast, particularly if you are busy recovering from injuries. This short window of time is one reason why we suggest meeting with an attorney soon after the accident. It will give your attorney time to evaluate the case, file a claim, and negotiate a settlement before it is too late.

• Many Types of Damages May be Claimed. Victims are able to pursue compensation for many different types of damages. These include: current and future medical bills, lost wages, property damage, emotional distress, and loss of future earnings. 

How a Personal Injury Lawyer Can Help You

Personal injury cases are complex and often require a lot of evidence collection and negotiation with the other party, insurance agencies, and even within the court system. The personal injury attorneys at Eisenberg Law Offices are well-versed in the stalling tactics, denial arguments, and low-ball offers made by insurance companies in an effort to minimize the claim. Our attorneys work tirelessly on behalf of our clients to ensure there is proper and adequate evidence to support their claims, manage the paperwork and negotiation aspects of claims, and ensure our clients are receiving fair treatment and optimal payouts. If the case goes to court, we can continue our representation for a seamless process.

Schedule a Free Case Consultation at Eisenberg Law and Bring These Documents With You

The personal injury attorneys at Eisenberg Law Office in Wisconsin are ready to help you navigate the steps to take after a car accident. We offer free initial case consultations so you can learn about your options and find out if a case is even possible with no obligation or money at stake.

To make the most of your free consultation, bring all documentation related to the accident. This may include police reports or tickets, medical bills, mechanic or auto body shop bills, and photographs of the accident scene. The more information we have, the better able we are to understand the case and explain your options.

If you have been injured in a car accident, contact the Wisconsin accident attorneys at Eisenberg Law Offices by calling 608-256-8356 or emailing info@eisenberglaw.org to schedule your free consultation.

This post was originally published at https://www.eisenberglaw.org/wisconsin-car-accident-law-steps-to-take-after-an-accident/.

Wisconsin Personal Injury Cases | Personal Injury Settlement

 

Do I Have a Wisconsin Personal Injury Case?

Personal injury cases result from accidents or incidents where one person, party, or individual is injured or harmed by the actions of another person, party, or individual. Personal injury law allows the injured party, the plaintiff, to file a lawsuit against the other party, the defendant, in order to obtain compensation for the injuries and harm they have sustained. Victims use this compensation to help pay for medical costs, lost wages, and other losses suffered due to the injury.

Many Wisconsin residents think that the simple fact that they were injured by someone or something means they have a personal injury case. Unfortunately, it is a little more complicated than that. Simply sustaining injuries is not enough to ensure you will win the case if you decide to bring it to a Wisconsin court.

Proving Negligence in Wisconsin Personal Injury Cases

The success of any personal injury case hinges on proving negligence by the other party. Negligence is defined as failing to exercise the duty of care that a reasonable person would exercise in similar circumstances. That negligence may stem from reckless or inattentive actions or inactions that resulted in your injury or harm.

To prove that this negligence led to your injury you will need to demonstrate that:

• the defendant owed you, the plaintiff, a duty of care.
• the defendant breached (did not provide) that duty of care.
• it was due to this breach that you were injured.

If you think your situation meets these criteria, contact a personal injury attorney to discuss your case. Your attorney can help you navigate the claims process, represent you to the court, and negotiate a settlement that is fair and adequate.

In-Court and Out-of-Court Settlements

There are two ways that the two parties can arrive at a personal injury settlement: in-court or out-of-court.

In-court resolutions  go before a judge and jury. They tend to happen when a settlement cannot be negotiated between the parties. Because of the time spent in negotiation and then the time spent preparing for court, court cases take longer to resolve than out-of-court settlements and are usually more expensive. If you choose to go to court, you will want to hire an attorney who has experience in litigation and negotiation.

It is not unusual for cases to be settled out of court. In fact, the vast majority of personal injury cases are settled without going to court. These settlements are basically agreements between the plaintiff and defendant as to the best way to resolve a dispute. The agreements may be negotiated between the two parties’ attorneys or through third-party mediation.

Why Should I Settle?

A personal injury settlement provides many benefits over a court case.

1. Settlements are confidential. Jury trials are not and become part of the public record.
2. Since trials are public, they can cause reputational damage, even if the facts end up proving otherwise.
3. Jury trials are not a guarantee and can be unpredictable. With a settlement, you know the outcome to which you are agreeing.
4. Defendants often benefit from settlements because they do not require an admission of guilt.

Do You Have A Case? Contact Eisenberg Law Offices To Find Out

It is difficult to say with certainty whether or not you have a winnable case without speaking with a personal injury attorney. The attorneys at Eisenberg Law Offices have years of experience in the Wisconsin court system and the field of personal injury law. The best way to determine if you have a case and what the outcome of your case may be is to arrange a free consultation with one of our attorneys by calling 608-256-8356 or emailing info@eisenberglaw.org.

This post was originally published at https://www.eisenberglaw.org/wisconsin-personal-injury-cases-personal-injury-settlement/.

Wisconsin Restraining Orders | Harassment and Domestic Abuse

 

What is the Difference Between a Domestic Abuse and a Harassment Restraining Order in Wisconsin?

Wisconsin has four types of restraining orders:

1. Domestic Abuse
2. Harassment
3. Child Abuse
4. Individual at Risk

Two of them, domestic abuse and harassment, are the most common, though each type prohibits a person from taking certain actions against another person.

Domestic Abuse

To obtain a domestic abuse restraining order, the filer must be in fear of their physical safety. This is common to all orders, but to qualify as domestic abuse, the complaint must be between people who are related or who have a close relationship. Specifically, the following types of relationships qualify as domestic in Wisconsin:

• Adult family or household members
• An adult caregiver against an adult who is under the caregiver's care
• Former spouses
• Adults who have or had a dating relationship
• Adults who have a child together

Actions that constitute domestic abuse in Wisconsin are:

• Intentional infliction of physical pain or injury
• Intentional impairment of a physical condition
• Sexual assault
• Stalking
• Intentional damage to physical property belonging to the petitioner
• A threat to engage in the conduct of any of these behaviors.

Harassment

Harassment restraining orders are slightly different from domestic abuse restraining orders. A harassment order is usually filed when the aggressor or attacker is not related to the family or does not otherwise meet the criteria for a domestic relationship, although they can have this type of domestic relationship.

The following actions are all grounds for harassment under Wisconsin statute:

• Striking
• Shoving
• Kicking or otherwise subjecting another person to physical contact
• Sexual assault
• Stalking

Obtaining a Restraining Order

Obtaining either harassment or a domestic abuse order follows the same process. Temporary restraining orders (TROs) can be granted quickly and without any trial or hearing. A judge can approve the request for a TRO based on statements from the petitioner as to why they believe they are in danger. Once an order is approved, a formal hearing is usually scheduled within a week.   

Under a TRO, the accused is prohibited from:

• going near the home or any other location where the petitioner is present, even their own home.
• having direct or indirect contact with the petitioner, including through phone, email, social media accounts, etc.
• removing, hiding, harming, mistreating, or disposing of a household pet.

The temporary order remains in place until the formal hearing. Violations can be prosecuted and will make your situation worse, so be sure to follow all requirements of the TRO exactly. At the hearing, both sides present their case to the judge and the judge decides whether to vacate  the TRO or to order an injunction. If an injunction is ordered, the same prohibitions from the TRO carry over. If children are involved, the judge may order child support and/or spousal support to be paid and may assign child custody. All firearms in possession of the respondent must be surrendered.

Both domestic abuse injunctions in harassment injunctions can last for up to 4 years.

Restraining Order Defense at Eisenberg Law

The primary difference between domestic abuse and harassment comes down to the type of actions perpetrated. The outcomes can be similar in either case: restrictions on entering your home and seeing your family and loved ones. This could affect your living situation and reputation and even your financial situation if you need to find alternative housing and/or pay child or spousal support.

Don’t let an out-of-control argument or misunderstanding develop into a situation that results in a restraining order. Contact the defense attorneys at Eisenberg Law Offices in Madison, Wisconsin to talk through your situation and discuss your defense options.

Contact our office at 608-256-8356 or info@eisenberglaw.org to schedule a free case consultation.

This post was originally published at https://www.eisenberglaw.org/firm-overview/articles/wisconsin-restraining-orders-harassment-and-domestic-abuse/.

No Seatbelt and Car Accident Claims in Wisconsin

 

Can I Make a Claim if I Had No Seatbelt in a Car Accident?

Drivers and passengers in Wisconsin are required to wear a seatbelt every time they get in a vehicle. Too frequently, we hear of accidents where the driver or passenger had no seatbelt and was injured in a car accident. Not wearing a seatbelt drastically increases the risk of injury in an auto accident and can even impact your accident claim if you need to file one.

You Can Still File a Car Accident Claim

The first thing to understand is, yes, you can still file a car accident claim, even if you were not wearing a seatbelt at the time of the accident.

Seatbelt Laws in Wisconsin

In Wisconsin, you can be pulled over if the police see you driving with no seatbelt. The state seatbelt law is a primary enforcement law, which means you can be stopped even if you did not commit any other traffic violations. If you are stopped for no seatbelt, you may be ticketed and fined and might face other consequences. Not wearing a seatbelt in the vehicle is considered negligence in Wisconsin.

What is the Seatbelt Defense?

The seatbelt defense refers to a technique used by the at-fault party to try and devalue the injured party’s claim by suggesting that the injuries would not have happened or not been as severe had the victim been wearing a seatbelt.

This technique is permitted in Wisconsin. However, juries cannot deny your claim outright simply because you were not wearing a seatbelt. What they can do is devalue the claim by as much as 15% of your final awarded damages. The law  requires the at-fault party to prove with evidence that your injuries were either made worse by not wearing the seatbelt or that you would have been unharmed if you had been wearing one.

Not Wearing a Seatbelt Is Never a Good Idea

Even though you can still pursue compensation in these cases, it is never a good idea to skip buckling up. Not wearing a seatbelt increases the risk of serious injury even in minor accidents, let alone major ones. Seatbelts hold you in place so you don’t hit your head on the windshield, or worse, go through it, or get ejected from the vehicle. Wearing seatbelts in the front seat reduces the risk of fatal injuries by 45 percent and the risk of critical injuries by 50 percent.

What If I Wasn’t Wearing My Seatbelt?

If you were in an accident and were not wearing a seatbelt, be mindful about what you say to your insurance company or the at-fault party about the accident. It is strongly recommended that you speak with a car accident attorney in these situations before you speak with an insurance company (yours or the other party’s) to best position your claim and develop an effective strategy. 

If you have been injured in an auto accident in Wisconsin and were not wearing a seatbelt, contact the car accident attorneys at Eisenberg Law Offices. Our team can help you navigate the insurance claims process and the court system, if needed, to obtain the compensation you need to fully recover from the accident. Discuss your situation in a free case consultation by calling 608-256-8356 or emailing info@eisenberglaw.org today.

This post was originally published at https://www.eisenberglaw.org/firm-overview/articles/no-seatbelt-and-car-accident-claims-in-wisconsin/.