OWI Charges | Wisconsin OWI Tips | Eisenberg Law

 

5 Tips For Making it Through an OWI Stop in Wisconsin

It’s a sight no Wisconsin driver wants to see…flashing lights in your rearview mirror. The sense of apprehension can grow even stronger if you realize those lights are directed at getting you to pull over. If you’ve been drinking, you might feel panicked, angry, worried, or any combination of feelings.

Getting stopped for OWI is stressful enough. Don’t add to an already tense situation by being disrespectful or abrasive with the officer. It’s important to remain calm and respectful at all times. This will help you get through the check without added complications like resisting arrest. We cover 5 more tips in the list below.

5 Tips to Make it Through an OWI Stop in Wisconsin

1. Keep Your Cool. Take a breath, pull over, and remain calm.
2. Have Your Information Ready. Pull out your driver’s license, insurance, and car vehicle registration information so you are ready to hand it over to the officer when he or she approaches.
3. Mind What You Say. Always be polite and respectful and answer the officer’s questions as best you can but be mindful of what you say since whatever you say can and will be used against you.
4. Know Your Rights About FSTs. Field sobriety tests (FSTs) are common in Wisconsin. Remember, there is no legal requirement for you to submit to these tests. You can refuse an FST, but if you do it will be an indicator of guilt and intoxication.. Don’t give the officer any reason at all to try to charge you with any additional crimes.
5. Remain Cooperative. If you refuse an FST, you will be arrested immediately. Also, be aware that once you are in police custody, you will be required to undergo chemical testing of your blood or breath. This is covered by the state’s Implied Consent laws.

Contact an Eisenberg Law Attorney Right Away

The single most important thing you can do if you have been arrested for an OWI is to contact a defense attorney. The attorneys at Eisenberg Law Offices can help you defend yourself against the charges and will ensure your rights are respected and protected throughout the legal process.

Discuss your case with one of our attorneys during a free consultation by calling 608-256-8356 or emailing info@eisenberglaw.org.

This post was originally published at https://www.eisenberglaw.org/owi-charges-wisconsin-owi-tips-eisenberg-law/.

Winter Car Accidents Claims | Eisenberg Law Offices

 

Filing Claims For Winter Car Accidents in Wisconsin

Winter can be a challenging time to drive in Wisconsin. Ice, sleet, snow, and freezing rain are difficult to drive in on their own. When inattentive, inexperienced, or distracted drivers are thrown into the mix, it’s a perfect recipe for winter car accidents. In fact, Wisconsin ranks in the top ten states for having the most car accidents during wintery weather.

However, poor weather does not excuse drivers from driving responsibly. Drivers are still expected to operate vehicles safely. That often means adjusting their driving habits to account for bad weather, such as slowing down or providing more following distance.

If you are injured in a car accident, even if you think weather conditions were a factor in the accident, you can still pursue financial compensation from the negligent driver to cover your injuries and other losses.

Why Drivers File Lawsuits After Winter Car Accidents

People who are injured in winter car accidents may be reluctant to file a lawsuit against the other driver because they think if the weather was a factor in the accident their claim will be denied.  . That is not true. The other driver may still bear liability for your injuries and you may be able to obtain compensation to help pay for your medical bills, time off work, or other expenses related to the accident.

Comparative Negligence in Wisconsin

Wisconsin has a comparative negligence standard. This means that in some cases, both parties may be partially negligent and thus responsible for the accident. In that case, you can still file a claim, but the amount you recover in damages will be reduced based on how much responsibility you bear for the accident.. You cannot recover damages unless you are 50% or less responsible for the crash.

The comparative negligence laws are just one example of why it is so important to have an experienced auto accident attorney representing you. Claims can be complicated, but that does not mean you aren’t entitled to compensation.

The auto accident attorneys at Eisenberg Law Offices have helped thousands  of drivers pursue compensation after car accidents. We will listen to your side of the story, examine the evidence, review police and medical reports, talk to witnesses, and thoroughly investigate the accident to provide you with options and advice. The best way to determine your eligibility to file a lawsuit is to speak with one of our attorneys during a free consultation.

Arrange your free consultation by calling our Madison car accident firm at 608-256-8356 or contact us online.

This post was originally published at https://www.eisenberglaw.org/winter-car-accidents-claims-eisenberg-law-offices/

Personal Injury Settlements Vs. Jury Verdicts in WI

 

Personal Injury Settlement Versus A Jury Verdict: Is One Better Than The Other?

When a person is injured because of another person’s negligence, they can try to obtain compensation for their injuries by filing a claim through the legal system. In Wisconsin, there are two ways these claims can be resolved: through a personal injury settlement or by winning a jury verdict in a court case.

Although these two solutions seem similar, there are a few very important differences between them, which is why it is always advisable to consult an experienced personal injury attorney for advice whenever you are thinking of filing an injury claim.

A Personal Injury Settlement

A personal injury settlement involves negotiation between the plaintiff and the defendant. This negotiation occurs during the insurance claims or lawsuit process and precludes the two parties from having to go to court. Just because the claim doesn’t go to court does not mean the settlement will be quick and easy. It can take months or even years to obtain a personal injury settlement. In the worst-case scenario, a settlement may never be reached.

The negotiation process is fairly straightforward. The plaintiff’s attorney submits a letter to the insurance company, asking for a certain amount in damages. The insurance company  or his/her attorney generally responds with a counteroffer of a lower amount. This process continues until both sides agree on an amount or it becomes clear that they have reached a stalemate.

A Jury Verdict

Going to court to obtain a resolution to your claim will result in a jury verdict. It’s not unusual for the two sides to try to settle out of court first, but if they can’t agree on a settlement, they take the claim to court. Personal injury cases are civil lawsuits where your case is presented to the judge or jury by your attorney.

The Pros and Cons of a Personal Injury Settlement Vs. a Jury Verdict

It’s impossible to say which approach is “better”. Neither one guarantees that you will receive your desired outcome.

Settlements usually allow you to keep more of your awarded amount since there are no court costs to pay. However, obtaining a settlement can take a long time because you have to reach maximum medical improvement or be completely healed before you can put forth an accurate claim.

Jury verdicts often result in greater compensation amounts, but there is an equal chance of receiving a lower amount or even nothing at all. If you do win your case, you’ll then have to pay court costs and associated fees out of the amount, reducing the amount of compensation you receive.

Our Attorneys Are Experienced and Ready to Help

Whether you are considering pursuing a personal injury settlement or going to court, it is always best to hire a personal injury attorney to represent you. The personal injury attorneys at Eisenberg Law Offices are professional negotiators and are familiar with which facts and evidence to present, and how to present them.  They will advise you on whether a settlement offer is reasonable or if you are deserving of a higher amount. If negotiations fail and you have to go to court, they will be there right alongside you, advocating for you and your best possible outcome.

Contact us at 608-256-8356 or info@eisenberglaw.org to arrange a free case consultation. If you hire us to represent you, we are not paid unless you win your case!

This post was originally published at https://www.eisenberglaw.org/personal-injury-settlements-vs-jury-verdicts-in-wi/

Can Police Conduct a Vehicle Search Without a Warrant

 

A Vehicle Search Without a Warrant? It Can Happen to You

Generally, police cannot conduct a vehicle search without a warrant, but of course, there are exceptions to every rule. In most situations, police must demonstrate to a judge that there is probable cause for a search of your home.  If they can prove that cause, the judge will grant them a warrant, but there are a few instances when police can search without a warrant and without violating your rights.

Fourth Amendment Protections…and Exceptions

The U.S. Constitution protects against unreasonable searches and seizures but it limits this right by allowing officers to conduct searches if they have probable cause. There is a key term in the Constitution too: "unreasonable". This language means that law enforcement is not prohibited from conducting any searches, just unreasonable ones. That means there are times that officers can conduct a search without a warrant without violating your rights. The Fourth Amendment isn’t about protecting your rights at all costs, it's about balancing your rights with the probable cause of a crime.

Vehicle Searches Without Warrants Are Common

It is more common for police to conduct a vehicle search without a warrant than searching a home without a warrant. The primary reason for this is because police can conduct a vehicle search during an arrest in some circumstances. If you are stopped while driving, police can look at anything within reach of the driver or suspect if you are arrested.

Probable Cause Can Lead to a Vehicle Search Without a Warrant

It is not difficult for police to claim they had probable cause for a vehicle search without a warrant. All they need is probable cause.  Probable cause is not a "feeling" or "hunch", it must be based on provable fact; an officer's past experience in similar situations is often used to justify a vehicle search without a warrant.

There are limits to this power. If you aren't in the car and aren't within reach of a weapon, the law may be on your side. An arrest must also be made for a warrantless search to occur. If you are arrested, your car may be impounded and a more thorough search conducted.

You Still Have Rights. Eisenberg Law Offices Can Protect Them

Although the expectation of privacy is lower in a vehicle than in a house, the police are not unlimited in their rights. They must have probable cause and you still have rights. Police will do everything they can to justify their actions and use the evidence found against you.

If police obtained the evidence illegally or violated your constitutional rights, it will be thrown out or suppressed. This is why challenging evidence from a warrantless search is such a common and effective defense strategy. A skilled criminal defense attorney from Eisenberg Law Offices can help you fight the charges against you by examining how the evidence against you was obtained and whether or not your rights were violated.

Contact our criminal defense attorneys to arrange a free consultation by calling 608-256-8356 or emailing info@eisenberglaw.org today. There is hope, even if the evidence against you seems overwhelming.

This post was originally published at https://www.eisenberglaw.org/firm-overview/articles/can-police-conduct-a-vehicle-search-without-a-warrant/

Slip and Fall Accident Liability and Claims in Wisconsin

 

What Are My Options in a Wisconsin Slip and Fall Accident?

Wisconsin winters bring with them an increase in the number of slip and fall accidents experienced in the state. While slipping and falling on snow or ice seems like simple bad luck or carelessness, there might be more to the situation and you may be entitled to file a claim for the accident.

Property Owner Liability in Slip and Fall Accidents

Wisconsin law puts the responsibility for snow and ice removal squarely on the shoulders of property owners. Property owners are expected to clear walkways, sidewalks, driveways, and paths within a reasonable amount of time after wintery weather. However, what is "reasonable" varies from person to person and from town to town. The timing of the accident in relation to the timing of the weather event can also play a role in a victim's ability to win a claim. A property owner's liability for a slip and fall accident is less likely if the accident happens within 24  to 48 hours after a snow fall.

What About Other Types of Slips and Falls?

Slip and fall accidents can happen for a variety of reasons that have nothing to do with the weather. They can happen indoors or outdoors due to poorly maintained spaces, wet floors, damaged sidewalks, and bad lighting among other things. Determining liability in these cases comes down to two key questions:

1. Did the property owner/occupant know (or should they have reasonably known) about the hazard? AND
2. Did the property owner/occupant fail to address the hazard or warn visitors about the hazard in a timely manner?

Answers of "Yes" to both of these questions open the door to a slip and fall liability case.

Statute of Limitations Applies

One thing to be aware of is the Statute of Limitations laws. In Wisconsin, personal injury slip and fall claims must be filed within 3 years of the incident occurring. If the accident occurred on government property, your time is even shorter. You must file an intent to sue within 120 days of the event occurrence.

Other Considerations That Can Affect Your Case

Slip and fall accidents are rarely straightforward since there is plenty of room for subjectivity. Situations can become complicated when:

• The property owner is different from the property occupant as in the case of landlords and tenants. There may be a question of who is responsible for the maintenance or conditions of the property.
• Comparative negligence laws. Under comparative negligence laws, both the property owner and the injured party may bear partial responsibility for the situation. The injured party will be limited in the number of damages they can recover based on how much responsibility they bear for the accident.
• Your interactions with the insurance company can affect the outcome of the case. Insurers will use your own statements and evidence against you if it helps them avoid paying out on the claim.

It is in Your Best Interests To Work with an Attorney

It is always best to hire an accident attorney to help you in a slip and fall situation. Your attorney can negotiate with the insurer for you, will collect, examine and present evidence to support your claim, calculate damages for you, and represent you in court if it comes to that.

Contact the team at Eisenberg Law Offices to learn more about your chances of recovering damages in a slip and fall accident. Our accident attorneys offer free, confidential case consultations and you are under no obligation to work with us. Arrange your free consultation by calling 608-256-8356 or emailing info@eisenberglaw.org.

This post was originally published at https://www.eisenberglaw.org/firm-overview/articles/slip-and-fall-accident-liability-and-claims-in-wisconsin/