Verbal Abuse and Domestic Violence | Wisconsin Criminal Law

 

When Verbal Abuse Crosses the Line Into Domestic Violence

Domestic violence may dominate the headlines, but verbal abuse is more common and can quickly cross the line. When that happens, what may have begun as a simple argument can attract the attention of the police and lead to charges.

Verbal Abuse and Domestic Violence in Wisconsin

Verbal abuse can qualify as a crime in Wisconsin, especially if it falls under the definition of harassment. Harassment is illegal in the state and is defined as: “repeated acts that harass or intimidate another person and which serve no legitimate purpose.”

Such abuse can be considered domestic violence if the victim is threatened with pain or sexual assault or if any property was destroyed or even threatened with destruction. It is easy to see how an argument can get out of hand and result in more serious charges.

Signs of Verbal Abuse

No relationship is conflict-free and arguments are normal, but there are some indicators that an argument is more than an argument, it is abuse. Here are some warning signs:

• Name-calling, condescension, and derision
• Frequent yelling or screaming
• Attempting to humiliate the person
• Claiming the abuse was “just a joke”
• Always blaming the victim for the arguments
• “Kitchen sinking” or constantly throwing anything and everything into an argument
• Arguments or fights occur only in total privacy
• Unfounded accusations and criticism that is unconstructive
• Sulking, pouting, isolating themselves or the victim, withholding from the victim
• Gaslighting
• Threats of violence and breaking things

Occasional arguments happen in every relationship, but if it happens over and over again or follows a certain pattern, there is a more serious problem.

Consequences of Verbal and Domestic Abuse

The first consequence of such abuses is typically having a restraining order or order of protection filed against the abuser.

The Wisconsin defense attorneys at Eisenberg Law Offices represent the accused to help them avoid criminal charges and protect their reputation and rights. If you have been accused of domestic violence, contact our team for a free case consultation.

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

This post was originally published at https://www.eisenberglaw.org/verbal-abuse-and-domestic-violence-wisconsin-criminal-law/.

4th OWI in Wisconsin | 4th OWI Felony Charges

 

Changes to Wisconsin OWI Laws Make 4^th OWI a Felony

Driving under the influence is illegal in Wisconsin and the state has made penalties for repeat OWI offenses even more severe in recent years. Laws passed in 2016 and 2018 significantly increased the penalties for the 4^th OWI. A 4^th OWI is now classified as a felony and a conviction carries with it a lifetime revocation of your driver’s license.

2016 OWI Law Changes

In 2016, the Wisconsin State Legislature passed Senate Bill 455 and it was signed into law. SB 455 made 4^th OWI or beyond an automatic Class H felony regardless of the time period between the charges. Prior to the law being passed, it was classified as a misdemeanor unless it occurred within 5 years of a 3^rd OWI.

Along with the felony classification, the penalties for OWI convictions increased accordingly. Penalties now include:

• loss of driver’s license
• requiring an ignition interlock device (IID) on your vehicle
• fines and penalties ranging from:
  • $600 to $10,000 in fines and/or
  • 6 months to 6 years of imprisonment

2018 Law Resulted in Lifetime Revocation of License

In 2018, the state passed a new law targeting drivers who are convicted of a 4^th OWI or higher under 2017 Wisconsin Act 172. The law created very serious repercussions for convictions. Anyone convicted of an OWI for the 4^th time or higher within 15 years of the prior offense will face a lifetime revocation of their driver’s license. Lifetime revocation can also be applied if the driver has two convictions of vehicle-related felonies (such as an OWI with injuries). Convicted drivers are also prohibited from obtaining an occupational license  for 10 years.

Penalties for anyone operating a vehicle after their license has been revoked have increased as well. First-time offenders will receive a $2,500 fine and/or one year in jail. Subsequent offenders can be charged $10,000 in fines and/or one year in jail.

Eisenberg Law Can Help Protect Your Driving Privileges

Revocation of your driving license and/or a felony charge on your record will both have a dramatic impact on your life. Don’t risk it. Contact the OWI defense team at Eisenberg Law Offices if you are facing any type of OWI charge in Wisconsin. 

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

This post was originally published at https://www.eisenberglaw.org/4th-owi-in-wisconsin-4th-owi-felony-charges/.

Wisconsin Car Accident Lawyer | Eisenberg Law Offices

 

Hire A Car Accident Lawyer If You Are In Any Of These 3 Situations

Wisconsin car accidents happen for many different reasons. Although frightening and unfortunate, sometimes an accident is just that, an accident. At other times, there may be more at play and you may wonder if it’s appropriate to consult a car accident lawyer.

While it never hurts to get a legal opinion of your situation, there are three occasions when seeking legal counsel is in your best interest.

Three Times To Speak To A Wisconsin Car Accident Lawyer

1. You were seriously injured. Car accident injuries can range from bumps and bruises to serious spine, head, and neck injuries. The injuries can be debilitating and expensive to treat, manage, and live with. In these situations, it makes sense to talk to a car accident attorney about filing a claim for damages against the party responsible for your injuries. The compensation can go a long way in providing both financial and stress relief as you recover from your injuries.
2. You were hit by a drunk driver. You should not have to suffer for the actions of negligent drivers, either through drunk or drugged driving or some other reckless behavior. If you were injured as a result of the driver’s actions or negligence, you are well within your rights to file a claim against them and even seek punitive damages from them.
3. You bear some fault for the accident. Wisconsin is a comparative-fault state. This means that both parties can be legally held partially responsible for an accident. How much you are found to be at fault will affect the number of damages you can collect. Hiring a car accident lawyer in this situation is extremely important since these cases are very tough to navigate successfully on your own. A poorly crafted legal strategy will impact not just how much compensation you may win, but also how much fault you are found to bear for the accident. The good news is that it is possible to collect damages, even if you were partially at fault, depending on the circumstances.

Hire a Wisconsin Car Accident Lawyer From Eisenberg Law

Recovering from a car accident takes a physical and mental toll. Those stresses and strains can be even worse when you are faced with mounting medical bills. Hiring a car accident lawyer from Eisenberg Law Offices can aid your recovery by alleviating the mental strain of managing a claim and resulting in a higher compensation award. Victims who have attorneys advocating for them often receive higher compensation awards than those who file claims themselves.

If you have found yourself in any of the above situations or are wondering if you have a personal injury case, contact the team at Eisenberg Law Offices for advice. We offer free case consultations and work on a contingency basis.

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

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

Paying Medical Costs | Car Accident Medical Bills

 

How to Pay Your Medical Costs After a Car Accident

Car accident personal injury lawsuits are common after accidents that were caused by negligent or reckless drivers. Unfortunately, the time lapse between when the accident and related injuries occurred and when the lawsuit is settled can take months or years. How can victims pay for their medical bills, receive medical costs reimbursement, or pay for other accident-related expenses while waiting for their cases to resolve?

They usually rely on their insurance policies.

You Are Responsible For Your Accident Bills

Even if another person or party is responsible for your accident and even if that responsible party will eventually be required to pay damages to you, you are still responsible for any medical or property damage bills that come due. In nearly every situation, your bills will be due before your claim is resolved. Most people turn to their health insurance to pay these bills and that’s what you should do. 

Using Insurance To Cover Medical Costs

Most people think they will be protected by their auto insurance if they are ever in an accident, but the only type of auto insurance required by the State of Wisconsin is liability insurance. This will not help you if you need medical costs reimbursement or need help paying for repairs to your vehicle. It is worth it to have a conversation with your car insurance agent to review your policy for gaps in coverage and learn about policy add-ons that can help you cover accident-related costs.

• Medical Payments Insurance or Med Pay is a car insurance policy add-on that will help pay for your medical costs upfront and seeks medical costs reimbursement from the at-fault party’s insurer. There is no deductible to meet. When selecting this insurance, be mindful of the amount of coverage purchased. The minimum purchase amount is $1,000, but that is unlikely to go very far in paying your medical bills after an auto accident.

• Private health insurance coverage can be used to pay for many medical costs, treatments, and procedures. You will have to meet any co-pays or deductibles and your insurance provider may seek medical costs reimbursement out of the compensation amount you are awarded if you win your car accident lawsuit.

• Medicare/Medicaid can be used to pay for medical expenses. Just like private health insurance, you will most likely be required to reimburse the government for any medical payments made on your behalf once your case is settled in court. Again, reimbursement will be paid out of the compensation you are awarded.

Hire a Car Accident Attorney To Help You

If you are the victim of a car accident and believe another party is responsible for the accident, contact the accident attorneys at Eisenberg Law Offices. Our team can advise you of your legal options and help you fight for the damages you are due.  

Contact us at 608-256-8356 or info@eisenberglaw.org to arrange a free case consultation.

This post was originally published at https://www.eisenberglaw.org/paying-medical-costs-car-accident-medical-bills/.

Wisconsin Plea Bargain | Criminal Convictions in Wisconsin

 

Will a Plea Bargain Show as a Conviction on My Record?

A plea bargain is a legal outcome where the defendant and the prosecution enter into an agreement or "deal" for lesser charges or a reduced sentence. Sometimes plea deals are the most expedient way to close the case and move on. In Wisconsin, this can still result in a criminal conviction on your record which is why it is important to consider how the deal being offered will affect your future and whether or not accepting the offer is in your best interests.

A Conviction Goes on Your Record Regardless of How it Comes About

In nearly every situation, someone who is convicted of a crime will end up with a criminal record no matter how it comes about whether that is through a bargain or a trial by jury. There are two situations in Wisconsin in which a conviction may not appear on your record in the future: expungement or deferred prosecution agreement.

Expungement means the conviction will be removed from your record. This is often offered in Wisconsin plea bargains if the defendant was under 25 years of age at the time of the crime or if the crime was a misdemeanor or lesser felony.

A deferred prosecution agreement allows Wisconsin prosecutors to dismiss the charges against you if you meet certain conditions. Under this type of agreement, no conviction will show on your record.

Weighing Your Options

Even knowing they will end up with a criminal conviction on your record, some defendants are happy to accept a deal. They know that going to trial before a jury could result in a harsher sentence than what the prosecution is offering in the deal. They might also be facing more serious charges at trial than under the plea bargain. Some defendants know that the plea deal is the best possible outcome they could hope to obtain.

Remember, a plea bargain is an agreement between the defendant and the prosecution. Both sides should be getting something that they want or need from the agreement. Defendants generally accept plea deals to receive a lesser sentence. Prosecutors are willing to offer plea deals because they can secure a conviction without the time and expense of going to trial.

Even so, you do not have to accept a plea bargain just because it is offered. Some defendants decide to fight the charges because they are innocent or the plea offer is too onerous. 

Should You Accept a Plea Bargain or Not?

There is no cut-and-dried answer to this question. You want to make sure you move forward with the best situation for you.

The best way to determine if the deal on offer is in your best interests is to speak with a qualified Wisconsin criminal defense attorney at Eisenberg Law Offices. Our team will examine the evidence against you, analyze the plea deal, and advise you on the best possible outcome based on the circumstances. We look at the entire picture, now and in the future, and help our clients see past their worries and emotions to make an informed decision. The last thing you want to do is be so worried about having a criminal conviction on your record that you pass up a good plea bargain. Our team will help you sort through your questions and explain the pros and cons of the deal to you in plain English.

If you are facing a criminal conviction or have been offered a deal, contact the criminal defense lawyers at Eisenberg Law Offices for advice and help to evaluate your options. Schedule a 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/wisconsin-plea-bargain-criminal-conv

Calculate Pain and Suffering Damages | Personal Injury Law

 

How to Account for Pain and Suffering in Personal Injury Damages

A personal injury can be so much more than just a physical injury. There are financial tolls as well as mental and emotional tolls, all of which can be compounded by the physical injuries themselves. That is why you will often hear about pain and suffering damages being awarded in injury cases.

Although victims can claim these types of damages in a personal injury suit, they need to provide quantifiable evidence to determine the value and support their monetary claim. A personal injury attorney is the best professional to help you determine these values so you can successfully claim these non-economic damages.

What Is Considered Pain and Suffering?

Pain and suffering is a legal term that encompasses the mental, emotional, and physical impacts of a personal injury on a victim. Any of the following may fall under the category of pain and suffering:

• Chronic pain
• Discomfort with certain movements
• Mobility difficulties, loss of mobility
• Depression
• Anxiety
• Post-traumatic stress disorder (PTSD)
• Feelings of humiliation
• Insomnia and trouble sleeping
• Sexual dysfunction
• Mood changes
• Loss of or changes in relationships

Calculating Pain and Suffering Damages

Pain and suffering damages are intended to compensate victims for the negative effects of the above-mentioned conditions and experiences. Some of these costs are easily quantifiable, such as the cost of medical or psychiatric care or medications to manage the condition. Others are harder to quantify, but a number can be reached with the right evidence. Examples of evidence that can help put a dollar amount on pain and suffering are:

• Comprehensive medical records that demonstrate the nature and extent of the injuries
• Medical expert testimony on how the injury or injuries impact your day-to-day life, as well as your future prognosis
• Testimony from your mental health practitioner regarding your mental and emotional state
• Testimony from industry experts explaining how your injuries affect your ability to do your job or earn a living
• Testimony from family and friends on how your relationships or mood have changed due to the injury
• Your own testimony about your physical and mental pain and suffering

Injuries that are easily visible generally require less proof than psychological and emotional injuries, but that does not mean victims should give up on being compensated for their "invisible" injuries. Many victims have mounted successful claims for pain and suffering damages.

Pain And Suffering Multipliers

In cases involving serious injury, insurance companies will often use a multiplier to calculate non-economic damages like pain and suffering. An example of this is multiplying your lost wages and medical bills by an amount that reflects the severity of your injuries. However, this is not much more than a risk management tool for the insurance company. There is no guarantee that the number arrived at, will provide enough compensation to fully cover your injuries and recovery.

That is why the personal injury attorneys at Eisenberg Law Offices are so diligent about collecting and presenting evidence to support your claim. Our thorough investigation encompasses all aspects of your loss to arrive at the most appropriate compensation amount.

Caps on Pain and Suffering Damages

Unlike some states, Wisconsin does not have a limit or cap on the amount of pain and suffering damages a victim can collect unless it is a medical malpractice claim or a claim against state or local government. Medical malpractice claims are limited to $750,000 in noneconomic damages, which includes pain and suffering.

Our Team is Ready to Help You Obtain Full Compensation Damages

If you are considering filing a personal injury claim, speak with a personal injury attorney at Eisenberg Law Offices about your situation. We understand that mental and emotional distress can be just as devastating, if not more so, than physical injury in many cases. Pain and suffering can cause very real costs and victims are too often under-compensated for those costs.

Our approach is comprehensive. We will look at the economic and non-economic impacts of the injury on you and your family. We also always account for not only your current compensation needs but also your future needs. Some injuries require months or years of recovery, if not more. We will fight to make sure you are compensated for all of the damages you are due.

Arrange a free case consultation by calling Eisenberg Law Offices at 608-256-8356 or emailing us at info@eisenberglaw.org.

This post was originally published at https://www.eisenberglaw.org/firm-overview/articles/calculate-pain-and-suffering-damages-personal-injury-law/.