6 Facts About Wisconsin Personal Injury Law | Eisenberg Law

 

Personal Injury Law: 6 Fast Facts From a Wisconsin Attorney

Personal injury law centers around negligent or reckless behavior and the injuries that result from those behaviors. Unfortunately, cases are not as straightforward as many Wisconsin residents expect. Simply being injured is not enough to make a personal injury claim. To successfully settle a personal injury claim, the element of negligence must be proven and there must be a proven connection between the negligent action and the resulting injury. This is just one fact about Wisconsin personal injury law. Below, we share six more personal injury facts.

Wisconsin Personal Injury Law Facts

1. It is a Wide-Ranging Law. This field of law covers more than car and truck accidents. It also covers, slips and falls, wrongful death, traumatic brain injuries, pedestrian and bicycle accidents, and even dog bites.
2. Lawsuits are Presented in Civil Court. Personal injury cases are civil cases , not criminal ones. Cases are presented to the judge or jury who will find the defendant liable or not liable for the injuries. Your personal injury attorney will present evidence in the case. If the judge/jury believes the defendant to be more than 50% liable, they will owe you damages.
3. There is a Time Limit to File a Claim. Wisconsin has a three-year statute of limitations on personal injury cases, two years on wrongful death. In the vast majority of cases, you must file your claim within two or three years from the date of the injury in order to seek compensation for it.
4. Cases Can Take a Long Time to Resolve. If there is overwhelming evidence, a personal injury case can be resolved quickly, but this is the exception rather than the rule. Most cases span months or even years before they are resolved. In general, the more severe the injury, the longer the case will take to resolve. .
5. Every Case is Unique. One reason cases can go on for so long is because every case, every accident, every injury, and every person is unique. Your personal injury attorney will need to examine every piece of evidence in your case and examine every report, every medical diagnosis and every bill to determine your claim amount. Although this takes time, the outcome will be more likely to meet your immediate and long-term needs.
6. Legal Expertise Matters. Attorneys who specialize in personal injury law build stronger cases and secure higher compensation amounts for their clients than those who don’t have this expertise. They are familiar with the ins and outs of personal injury arguments, evidence collection, case building, and the court system. All of this works to your advantage in a claim.

Contact Eisenberg Law Offices for Personal Injury Representation in Wisconsin

Unexpected, alarming, and possibly financially devastating, a personal injury can upend your life. But recovery is possible with help from a qualified and experienced attorney. The personal injury attorneys at Eisenberg Law Offices work with victims to prove that their injuries were the result of someone else’s negligence, ascertain the cost of those injuries to the victims, and secure financial compensation to help victims recover. We file claims and manage the legal process on behalf of our clients so they can focus on recovering from their injuries.

If you have been injured and you think it was due to someone else’s negligence or reckless behavior, contact our office to arrange a free and confidential case consultation. You pay us nothing unless we win your case.  We can examine your situation, explain your options, and provide you with an honest assessment of your chances of recovering damages.

Contact Eisenberg Law Offices at 608-256-8356 or info@eisenberglaw.org to schedule your free, no-obligation consultation.

This post was originally published at https://www.eisenberglaw.org/6-facts-about-wisconsin-personal-injury-law-eisenberg-law/.

The Penalties For 5th And 6th OWI In Wisconsin

 

What to Know About the Penalties for 5^th and 6^th OWI in Wisconsin

Wisconsin has always maintained an aggressive stance against drunk driving. In 2016 and 2020, the penalties for 5^th and 6^th OWI in the state increased. Since that time, a conviction for a 4^th OWI is a felony while a conviction of 5^th or 6^th OWI carries hefty new minimum and maximum penalties.

5th and 6th OWI Is a Class G Felony

Prior to 2016, 5^th and 6^th OWI convictions were Class H felonies in Wisconsin. Today, they are Class G felonies. This new classification increased the fines and prison sentences for a conviction. The new penalties for 5^th and 6^th OWI are:

• A penalty fine ranging between $600 and $25,000.
• 18 months to ten years in prison.
• Loss of driver’s license.
• Installation of ignition interlock device (IID).

If convicted, you might have to pay fines, serve in prison, or both.

Wisconsin’s Presumptive, Two-Part Prison Sentence

The state has a presumptive prison sentence for a 5^th or 6th OWI conviction. This means that unless the court specifies otherwise, the defendant will face at least 1 year and 6 months of initial confinement in a state prison.

The state also has a two-part prison sentencing structure consisting of confinement and extended supervision through the Department of Corrections. This is similar to probation or probationary supervision. This two-part sentencing structure means that anyone convicted of 5^th or 6^th OWI will serve time in prison and have a term of extended supervision. The question is how long each portion of the sentence will last.

This is where help from a qualified OWI attorney from Eisenberg Law becomes invaluable. Some trial courts and judges are quite strict and you are all but guaranteed to be sentenced to at least18 months in prison, plus probationary supervision. Other courts and judges believe the statute provides them with the discretionary ability to issue a shorter sentence, but still prison, if it is in the best interests of the community and does not harm anyone. Your Eisenberg Law attorney will use their knowledge of Wisconsin OWI statutes and the court system to obtain the most favorable outcome for you.

Fighting 5th and 6th OWI Charges

Despite the severity of the charges, it is possible to fight the 5^th and 6^th OWI charges successfully. In some cases, Eisenberg Law Offices clients have seen their charges reduced or even dismissed. Our Madison law office specializes in building strong defenses that limit the effect an OWI conviction can have on your life.

It all starts with a free consultation. During this no-obligation meeting, we will examine your case, explain the charges against you, and discuss your options. This early intervention is crucial to building an effective defense strategy, particularly when you consider the severity of the penalties for 5^th and 6^th OWI in WI.

If you are facing an OWI, regardless of whether it is your first or your sixth offense, effective defense is possible. Contact Eisenberg Law Offices at 608-256-8356 or info@eisenberglaw.org to discuss your legal options in a free, confidential, and no-obligation consultation.

This post was originally published at https://www.eisenberglaw.org/firm-overview/articles/the-penalties-for-5th-and-6th-owi-in-wisconsin/.

Example Of Unlawful OWI Stops In Wisconsin

 

Examples of an Unlawful OWI Stop in Wisconsin

Did you know that it is possible to have undergone an unlawful OWI stop in Wisconsin? If you have been charged with OWI, you should be aware of this possibility and how it may affect your arrest.

What is an Unlawful Arrest?

Unlawful arrests happen when an officer arrests someone without having probable cause or without following Wisconsin state laws and procedures. We do see this happen from time to time with OWI cases. In those situations, the judge may dismiss the case if the defending OWI attorney can prove through due diligence that it was an unlawful arrest. Below we share three examples of an unlawful OWI stop.

3 Examples of an Unlawful OWI Stop

1. You Weren't Drunk. The legal limit for blood-alcohol concentration (BAC) levels in WI is .08%. However, if you have three prior convictions, the legal limit is .02%.  It is illegal to drive in the state with a BAC of .08% or higher. If you were stopped and charged with OWI and your BAC was less than .08%, it may be considered an unlawful stop.
2. The Sobriety Tests Were Invalid. Field sobriety tests and chemical tests are both used by law enforcement officers to determine if a driver was intoxicated or not. However, these tests must be administered in a specific manner, and you must have been read your rights, in order to be valid. If the test is declared invalid, your arrest may be invalid as well.
3. There Was No Probable Cause or Reasonable Suspicion. The U.S. Constitution protects the public from unreasonable search and seizure by government agents. As it relates to driving violations, the law enforcement officer must have had probable cause, believing the driver was intoxicated and/or had reasonable suspicion that a violation of the law was committed, in order to pull you over. If they did not have this probable cause, it may have been an unlawful stop.

Are You Facing OWI in Wisconsin? Contact Eisenberg Law For Help

If you are facing an OWI and have questions about the charges against you or wonder if you are doing all you can to present your best defense, contact Eisenberg Law Offices for a free case review. We will review the facts of your case to determine if the stop was unlawful or if you have any unexplored defense options.

Learn more about our services and how we can help you by calling 608-256-8356 or emailing info@eisenberglaw.org.

This post was originally published at https://www.eisenberglaw.org/example-of-unlawful-owi-stops-in-wisconsin/.

Wisconsin Car Crash Statute of Limitations Is Three Years

 

How Late Is Too Late To File A Car Crash Claim In Wisconsin?

There are many matters to take care of after a car crash: doctor visits, car repairs, scheduling time off from work and the list goes on. The very last thing on your mind may be filing a car accident claim. However, due to the statute of limitations in Wisconsin, you need to consider filing a claim sooner rather than later.

A Three-Year Statute of Limitations

Wisconsin has a three-year statute of limitations for car crash claims, two years if someone dies in the crash. That means you must file your claim within 3 years from the date of the accident in order to attempt to obtain compensation. If you miss this deadline, you become ineligible to file a claim or lawsuit at a later date, no matter the circumstances. If you are a minor, you have until your 19^th birthday to file a lawsuit.

This can have devastating consequences for accident victims who may discover that they have been permanently injured, require extensive medical care, or have lost their ability to do their job because of the car accident.

Meeting with a car accident attorney shortly after the event is the best way to gauge the validity of your case within the statute of limitations time frame.

How A Car Crash Attorney Helps Victims

The earlier an accident attorney becomes involved in an accident claim, the better your chances of obtaining compensation. Wisconsin injury attorneys help accident victims advance their claims in a variety of ways, such as:

• Confidential case reviews provide insight and direction for the claim from day one.
• Legal advice from the very start of the case can help you present a comprehensive claim and avoid common mistakes.
• A trusted resource to explain the claims process and guide you through it.
• A third-party to act as your representative and intermediary when dealing with insurance companies and other parties, including the court system.
• A thorough investigation into the facts and circumstances of the accident.
• A professional analysis of your injuries and the effects on your life in order to arrive at an accurate claim amount that fully compensates you for your losses.

There is no reason not to contact an Eisenberg Law accident attorney right away. Our accident attorneys work on a contingency basis, which means they do not get paid until the claim is settled and their clients do not have to pay any upfront costs to file the claim.

It would be far worse to try and manage the process yourself only to become overwhelmed with the process or, even worse, miss the statute of limitations deadline.

When Is It Too Late To Call Eisenberg Law Offices?

Eisenberg Law Offices is here to help you recover from a car crash. If it has been less than three years from the date of your accident, contact us. We may be able to help you if there is still enough time to fully investigate the accident and build the case of a strong claim.

Schedule a free and confidential case consultation at Eisenberg Law Offices by calling 608-256-8356 or emailing info@eisenberglaw.org today.

This post was originally published at https://www.eisenberglaw.org/wisconsin-car-crash-statute-of-limitations-is-three-years/.

Motor Cycle Accident Risks And Personal Injuries

 

The Top 7 Motor Cycle Accident Crash Risks

Once the snow melts, the lure of the open road hits and motorcycles start showing up on Wisconsin roads. Unfortunately, along with motorcycles come motor cycle accidents and personal injuries. Some accidents can be attributed to negligence, others occur for seemingly no reason.

Whether you drive a car, a truck, or a motorcycle, it’s important to be aware of motor cycle accident crash risks so you can drive defensively and do your best to prevent them and the personal injuries that come with such accidents.

7 Common Motor Cycle Crash Risks

Erratic and aggressive driving are obvious crash risks, but other less well-known risks can be equally as damaging to a motorcyclist if an accident occurs. Seven of the most common are:

1. Gravel and Road Hazards. Road conditions are more impactful on motorcyclists than other drivers. Gravel, uneven pavement, and road debris are much more dangerous to anyone on a motorcycle than they are to people in autos and trucks. There simply isn’t the same amount of protection. Motorcyclists can lose control easier than drivers in vehicles if the roads are gravel or slippery and may suffer serious personal injuries if debris bounces off the road and hits them. Give motorcyclists extra space in suspect road conditions.
2. Weather Conditions. Weather conditions play a role in all types of vehicle accidents, whether a motorcycle is involved or not. Even without snow or ice, wet roads can be slippery. Fog can obscure your line of sight, and puddles can hide dangers like potholes. Although you may be able to avoid serious damage or injury in a car, a motorcycle is a different story. The risk of severe personal injuries is very high in bad weather.
3. Sudden Stops. Following cars too closely is a major risk for a motor cycle accident. If the driver in front has to slam on their brakes and the motorcycle is following too closely, they risk crashing into the back of the vehicle or in some cases, getting thrown from their bike if the front wheel locks up. Drivers of cars and motorcycles should all give each other extra space when motorcycles are on the road.

3. Getting Hit From Behind. If motorcyclists are hit from behind, it can be deadly for them. There is no bumper or crumple zone to protect them, as there is in cars. Other drivers need to pay attention when driving behind a motorcycle and maintain a safe distance.
4. Head-On Collisions. Head-on collisions are particularly deadly for motorcyclists. These types of accidents usually occur at high speeds which accounts for the damage they do. Never turn in front of a motorcycle unless you are certain you have the space and time to do so safely. These vehicles travel much faster than they appear to and don’t have the same stopping ability as cars and trucks.
5. Impaired Driving. Drinking and riding is a leading cause of motor cycle accident fatalities. Drunk drivers have less control over the motorcycle, poorer judgement, and delayed responses all of which can make it harder to safely navigate road conditions and traffic, resulting in accidents and personal injuries.
6. Drivers Don’t See Motorcyclists. The biggest risk for motorcyclists comes from other drivers. So many accidents happen simply because the vehicle driver did not see the motorcycle. Motorcycles are small and they move fast. It is very easy to miss them in your mirrors even when you are paying attention. Add in distracted driving and the risk of not noticing them increases exponentially.

Safe Roads Are Everyone’s Responsibility

All drivers have a responsibility to keep Wisconsin roads safe – for cars and motorcycles. Motorcyclists can protect themselves by learning how to safely operate their bikes and by following the rules of the road and adjusting for conditions. Other drivers can do their part by being aware of their surroundings, not engaging in distracted or risky driving habits, and giving motorcycles space when they do see them.

Personal Injuries After a Motor Cycle Accident? Contact Eisenberg Law Offices

If you have been injured after a motor cycle accident and need help filing your claim or are wondering if someone else’s negligence is responsible for your personal injuries, contact Eisenberg Law Offices in Madison for help. We help motorcyclists file and settle personal injury claims throughout the state.

Schedule 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/motor-cycle-accident-risks-and-personal-injuries/.

Ignition Interlock Device | OWI in Wisconsin

 

Fast Facts About Ignition Interlock Devices in Wisconsin

OWI convictions are costly. If convicted, you will pay fines and face penalties. One of the penalties is to install an ignition interlock device (IID) on every vehicle owned by or registered to you.

In this post, we cover four common questions about IIDs in Wisconsin.

4 Questions About IIDs in Wisconsin, Answered

• 1: What Is an Ignition Interlock Device? An ignition interlock device measures your breath-alcohol concentration and locks the vehicle’s starting mechanism if the concentration is too high. IIDs are required as a condition that allows you to keep your license after an OWI conviction. The IID effectively operates as a “breathalyzer” for the vehicle.
• 2: When is an IID Required? IIDs are required to be installed for a minimum of one full year from the time of conviction and/or reinstatement of driving privileges. Wisconsin judges order the installation of ignition interlock devices for:

• ALL repeat offenders.
• ALL first-time offenders with a BAC of 0.15 percent or higher.
• ALL drivers who refuse to provide a breath or blood sample for a chemical test at a traffic stop.

• 3: How Much Does it Cost to Install an Ignition Interlock Device? It is up to you to bear the cost of installing the devices on your vehicles. Prices vary by model and are influenced by the make and model of the vehicle they are installed in. Average installation costs in Wisconsin are $100. However, the devices have monthly fees and require bi-monthly calibration, both of which are added expenses. In general, it costs approximately $1,000 to maintain the IID for a year in one vehicle. When it comes time to remove the device, there is an additional charge associated with that. The state does offer assistance for people experiencing financial hardship.

• 4: Where Do I Get an IID? You will need to find an IID service center to obtain the device. Ignition interlock devices are leased from the service center provider. The lease agreement typically includes installation, monthly service, and removal costs. Any additional costs such as calibration or resetting the device after a violation are assessed separately.

Learn more about IIDs and where to find an installer, here.

Retain Driving Privileges After OWI With Help From Eisenberg Law Offices

If you are facing an OWI, don’t face the charges alone. Besides the legal repercussions, a conviction is expensive. The team at Eisenberg Law Offices is available to help you fight the charges against you and minimize the legal fallout.

Contact our Madison law office for a free consultation where we can discuss your particular situation in detail and advise you of your options. Call 608-256-8356 or email info@eisenberglaw.org to get started.

This post was originally published at https://www.eisenberglaw.org/ignition-interlock-device-owi-in-wisconsin/.

Q And A With A Wisconsin Car Accident Lawyer

 

Questions And Answers From a Car Accident Lawyer

Hiring a Wisconsin car accident lawyer can be a daunting thought, but it is a smart move that will only help you. If you have been involved in a car accident and suffered injuries of any kind, an attorney can make sure you are treated fairly, that your claim is handled in a timely manner, and that you receive the full claim amount to which you are entitled.

The most important service an accident attorney provides is to deliver peace of mind. Hiring an experienced attorney to manage your claim means you can focus on recovering from your injuries while they handle the intricacies of the claim.

Q&A With A Car Accident Lawyer

• What is the first thing an accident victim should do after a car accident?

If you have been in an accident, always get medical attention right away, even if you feel fine. After an accident, adrenaline is high and you may not feel injured until later. Car accident injuries are also insidious. They may not show up immediately and it can take weeks or months before you put two and two together that what you are feeling today may be connected to a fender bender you had 3 weeks ago. A medical exam shortly after the accident can help identify any of these hidden injuries. Plus, you will be better able to get the care you need if and when pain does rear its ugly head.

We also always advise accident victims to get pictures of the damage to their vehicle and to preserve any evidence they have such as medical reports and bills. Keeping notes or journaling about your recovery process can help document the changes the injury has had on your life and be used to build an injury case.

• How long does it take to settle cases?

How it takes to settle a case is variable. Accident cases depend on several factors, including the type of injuries you have suffered. You may receive an early settlement offer from the insurance company but be forewarned that these offers may be inadequate for your recovery needs. We always advise clients to speak with a Wisconsin accident lawyer before accepting any such offer. We conduct a thorough analysis of your needs to determine the most appropriate claim amount and will advocate for you to receive the full amount you are due.

• Can I get compensated for my injuries?

Yes. Most people know they can be compensated for any necessary repairs to their vehicle after an accident, but compensation for your injuries is also possible and is a primary consideration in car accident cases. You can obtain compensation to pay for medical bills, lost wages, and property damage, and you can also obtain compensation for pain and suffering and emotional distress.

• When should I file a personal injury claim?

Wisconsin has a 3-year statute of limitations on personal injury claims, including car accidents. The statute of limitations is two years for wrongful death actions.  This means that you must file a personal injury claim within 3 years from the date of the accident to obtain compensation. If you try to file after this time, your case will be dismissed and you will have lost any chance of obtaining compensation for your injuries.

Contact Eisenberg Law Offices For Help With Your Claim

Meet with a Wisconsin car accident lawyer at Eisenberg Law Offices for help filing a car accident claim. We will guide you through the legal process, negotiate with insurance providers, and advocate for you to receive the full claim amount which you are due. 

Arrange a free consultation by calling 608-256-8356 or emailing info@eisenberglaw.org.

This post was originally published at https://www.eisenberglaw.org/q-and-a-with-a-wisconsin-car-accident-lawyer/. 

Fault in a Motor Cycle Accident in Wisconsin

 

Who is Usually at Fault in a Wisconsin Motor Cycle Accident?

A motor cycle accident can be horrific and motorcyclists know they must take responsibility for their own safety. Driving sober, wearing helmets and other protective gear, and obeying the rules of the road are all ways motorcyclists can protect themselves. Despite all of these efforts, motorcyclists are still at risk of serious injury in an accident. To make matter worse, they are usually the victims in road accidents, with passenger vehicle drivers bearing responsibility for most motorcycle accidents in Wisconsin.

The reason for this often comes down to a lack of awareness. Motorcycles are small and difficult to see; they are easily overlooked by inattentive drivers, especially in poor sight conditions or when making turns. Although a passenger vehicle driver may walk away from such an accident with nothing more than a few bumps and bruises, the consequences can be deadly for motorcycle riders.

Wisconsin Motor Cycle Accident Numbers

According to the Wisconsin Department of Transportation, there were 2,104 accidents involving motorcycles in 2020, the most recent year of data available. This resulted in 1,796 injuries and 112 motorcyclist deaths. When compared to statistics for passenger vehicles there was one death for every 25.3 motorcycle accidents versus one death for every 266.9 passenger vehicle accidents. A motor cycle accident in Wisconsin is 10 times more deadly than a car accident.

The 4 Ways Auto Drivers Cause Motorcycle Accidents

1. They do not see motorcycles. As mentioned above, motorcycles can be difficult for drivers to see. They can be especially hard to see in traffic as demonstrated by the fact that many motorcycle incidents occur when an automobile driver turns left in front of a motorcycle going straight.
2. They are distracted. Distracted driving is an enormous cause of road accidents regardless of the type of vehicle driven. Unfortunately, motorcyclists bear the worst consequences of distracted driving. Drifting into a motorcycle’s path is a common cause of distracted driving accidents.
3. They are simply unaware. There are fewer motorcycles on the road than cars. This can lead to a phenomenon called inattentional blindness where people simply don’t notice unexpected objects around them. This causes “looked but failed to see” accidents.
4. They misjudge speed and distance. Because motorcycles are smaller and less common than cars, it can be harder for drivers to gauge the speed and distance of a motorcycle. This is a primary contributor to the left-hand turn accidents mentioned above.

Determining Fault In a Motor Cycle Accident

Fault in a motorcycle accident is determined using the same methods as determining fault in any other type of auto accident. Evidence is collected by multiple means which can include:

• Police reports
• Medical records
• Witness statements
• Traffic/road camera or dashcam footage
• Accident reconstruction

Wisconsin has comparative negligence laws. This means that both parties can be partially at fault for an accident. Operators are unable to recover compensation for an accident if they are 51% or more at fault for the accident. If they are 50% or less esponsible, any compensation awarded is reduced by the percentage of fault. If you are 25% responsible for the accident, your monetary award will be reduced by 25%.

The Motorcycle Attorneys at Eisenberg Law Are Here to Help

Due to the comparative negligence laws, an accurate determination of fault is crucial to securing adequate compensation after a motor cycle accident. The attorneys at Eisenberg Law Offices in Madison, Wisconsin help motorcycle victims build their cases and present the facts to secure the highest amount possible. Without legal representation motorcycle accident victims run the risk of accepting a “low-ball” settlement offer that does not fully cover their recovery needs.

If you have been involved in a motor cycle accident in Wisconsin, contact Eisenberg Law Offices for help. We will work aggressively on your behalf to ensure you receive the full settlement amount you are due so you can focus on recovery after your accident.

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/fault-in-a-motor-cycle-accident-in-wisconsin/. 

Getting A Second Option For Car Accident Injuries

 

When Car Accident Injuries Warrant a Second Opinion

Obtaining a second opinion for a medical condition is common practice in Wisconsin. Maybe you didn’t hit it off with the diagnosing doctor. Maybe you want to talk to someone who has more experience with the diagnosis. Maybe you just want to explore all of your options before settling on a treatment plan. All of these are perfectly acceptable reasons to talk to another provider regarding a diagnosis or an injury, including car accident injuries.

And yet, some people hesitate to seek out another opinion after a car accident in case it slows down payment on their claim. But this can actually help your claim if it results in you obtaining a more accurate diagnosis.

When to Get a Second Opinion

Obtaining a second opinion can help you better understand your health situation and options. It is always a good idea to speak with another healthcare provider if you have questions that your first provider can’t answer or if you leave the visit feeling confused or unsure about the findings and recommendations. Other reasons for seeking another opinion are:

• The doctor dismisses or ignores your concerns or you don’t feel heard.
• You have been following the treatment plan but haven’t seen results.
• The treatment plan is risky, unproven, or too invasive in relation to expected outcomes.

Any time you lack confidence in your provider, you should get a second opinion.

Word of Warning: Do Not Stop Treatment

Getting another opinion won’t hurt your claim, but stopping treatment will. To an insurance company, this looks like you were not as badly injured as you claim and gives them an opening to deny or reduce the claim amount. It is always better to see a different doctor if you are unhappy with your treatment or progress than it is to stop treatment if you are involved in a car accident injuries claim.

The insurance company itself may even require you to see another doctor as part of an independent medical exam (IME). This doctor will be chosen by the insurance company, but it is a standard practice in injury claims. Your attorney can help prepare you for the examination.

Contact Eisenberg Law Offices to File Claims for Car Accident Injuries

Working with an insurance company after an accident is never easy. If car accident injuries are involved, the stakes are higher and the process is more complicated. Contact the team at Eisenberg Law Offices for help navigating the car insurance claims process to ensure you receive the coverage you need and are entitled to.

We offer free, no obligation consultations. Contact our Madison car accident attorneys at 608-256-8356 or info@eisenberglaw.org.

This post was originally published at https://www.eisenberglaw.org/getting-a-second-option-for-car-accident-injuries/.

Restraining Orders in Wisconsin | Get a Restraining Order

 

What to Know About Restraining Orders in Wisconsin

A restraining order is a legal protection available to victims of domestic violence or domestic abuse in Wisconsin. These orders help protect victims by putting physical distance between them and their abuser, giving them the space they need, physically and mentally, to determine their next steps and take legal action against the abuser.

Protections Offered

What makes these orders so effective are the consequences of violating them. Anyone who violates one of these orders faces criminal charges. Restraining orders protect victims by prohibiting the abuser from:

• committing domestic abuse against the victim.
• coming near the victim’s home, workplace, school, or other location they frequent.
• living with the victim.
• contacting the victim directly or through other people (unless through law enforcement or legal representatives).
• coming near the victim’s children or pets.
• owning or possessing firearms while under the order.

In some cases, particularly with final orders, the court can require the abuser to relinquish their rights to a victim’s phone number and any accounts held in conjunction with the victim.

Temporary Vs. Final Orders

Temporary orders last for 14 days. During this time an injunction hearing is held. At the hearing, the judge can extend the temporary order or issue a final order. These orders last up to 4 years in most cases, but in severe situations, they can remain in place for as long as 10 years. Once a final order expires, a new hearing is set and the order is renewed or allowed to lapse at that time.

The Definition of Domestic Abuse

Domestic abuse is broadly defined in Wisconsin, but to even be considered domestic abuse, the abusive actions must be committed against:

• A current or former spouse
• An adult the abuser lived with or used to live with
• An adult the abuser shares a child with

Behaviors that qualify for domestic abuse charges include:

• Inflicting injury
• Causing pain or fear
• Sexual assault
• Stalking
• Destroying property

In order to qualify as domestic abuse, the abuser has only to threaten to commit one of these acts, not commit it.

Obtaining a Restraining Order

Victims can obtain restraining orders by applying at the county level based on:

• The county lived in.
• The county they are temporarily living in.
• The county where their abuser lives.
• The county where the abuse occurred.

Domestic abuse orders are free to file.

What if the Order is Violated?

Paperwork and threats of legal repercussions are not enough to stop some abusers. Once an order has been violated, the victim should contact the police. At that point, the violation becomes a civil or criminal charge and is prosecuted through the court system. Certain violations result in the immediate arrest of the violator and they will go to jail.

Denial of a Restraining Order

Sometimes, an order is not granted. When this happens, victims can get advice and support from domestic violence centers. If the victim’s relationship with the abuser is the non-qualifying factor, the victim or victim’s representatives can apply for a different type of order such as:

• Harassment
• Child Abuse
• Individual at Risk

Get Support From Wisconsin’s Eisenberg Law Offices

The domestic abuse attorneys at Eisenberg Law Offices can help you file for an order of protection in Wisconsin. Contact our team to ensure you have the evidence you need to secure the most appropriate order for your situation and for help building a strategy that will protect you long-term. We offer private and confidential case consultations. Arrange your free consultation by calling 608-256-8356 or emailing info@eisenberglaw.org.

This link was originally published at https://www.eisenberglaw.org/firm-overview/articles/restraining-orders-in-wisconsin-get-a-restraining-order/.

Wisconsin OWI Laws: Felony Vs. Misdemeanor OWI

Wisconsin OWI laws carry different fines, penalties, and repercussions depending on whether the crime is classified as a felony vs. misdemeanor OWI. Adding to the confusion, First Offense OWIs are neither. They are typically classified as civil crimes.

It is important to understand Wisconsin OWI laws and whether you have been charged with a felony vs. misdemeanor OWI because those convictions can show up on background checks such as those requested by employers or landlords.

Felony vs. Misdemeanor OWI in Wisconsin

A misdemeanor OWI is more serious than a traffic violation but less serious than a felony OWI. Both are criminal offenses under Wisconsin OWI laws and will have repercussions in many aspects of your life.

Misdemeanor OWI is charged when a driver faces OWI for the second time in 10 years or the third time in their life or if their blood alcohol content (BAC) level is 0.08% or higher. The number drops to .04% or higher if the driver was operating a commercial vehicle. You can also be charged with a misdemeanor OWI charge even with a BAC below 0.08% if you were involved in an accident that causes property damage or personal injury.

Misdemeanor OWI penalties may include any or all of the following:

• Fines between $300 and $2,000.
• Five days to one-year in prison.
• Loss of driver’s license for six months to three years.
• Ignition Interlock Device installment on your vehicle.
• Drug/alcohol assessment and/or counseling.
• Higher auto insurance rates.

Drivers who have a BAC of 0.15% or higher or are facing their driver’s fourth or subsequent OWI offense will face felony OWI charges. Felony OWI is either a Class E, F, G, or H felony with each carrying its own set of consequences:

• Class H fines range from $600-$1,000 and 60 days to six years of prison.
• Class G fines range from $600-$25,000 and one to ten years in prison.
• Class F fines go up to $25,000 and three to 12.5 years in prison.
• Class E fines go up to $50,000 and four to 15 years in prison.

In addition, drivers may lose their driver’s license, have to undergo alcohol treatment, and face all of the other penalties that a misdemeanor OWI conviction carries.

Wisconsin OWI laws make felony OWI charges possible even for first OWIs if the driver caused great bodily harm or killed someone with their vehicle. The fines and penalties will be harsher than usual too.

Meet with a Wisconsin OWI Attorney

Whether you are facing a felony vs. misdemeanor OWI in Wisconsin, you need legal representation. Both are criminal charges that will impact your life for years to come affecting your reputation and ability to drive and may include jail time and hefty fines. Meet with an OWI attorney at Madison’s Eisenberg Law Offices to understand the charges you are facing and to build a legal strategy that protects you throughout the process and after.

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

This post was originally published at https://www.eisenberglaw.org/wisconsin-owi-laws-felony-vs-misdemeanor-owi/.

Car Accident Liability For Wisconsin Passengers Injuries

 

Who is Liable for Passengers’ Injuries in a Wisconsin Car Accident?

Passengers in Wisconsin car accidents can be injured just as easily as drivers, but what is their legal recourse? Who bears car accident liability for passenger injuries? Is it the driver of the vehicle you were riding in or the other driver? Can they both be liable? How do you know where to file a claim?

Passengers' Rights After a Car Accident

The first thing to be aware of is that passengers do have the right to recover damages after a car accident.

You may not be able to file a claim immediately, however. Insurance investigators first need to determine who was responsible for the accident, especially if it was a two (or more) car accident. Once that is determined, you will know which driver or drivers bear car accident liability and are responsible for your injuries.

Determining Car Accident Liability

In a multi-vehicle accident, one or more drivers could have car accident liability for the accident. This is particularly common in Wisconsin which is a shared fault or comparative negligence state. That means that more than one driver could be responsible for your injuries. Each driver who bears fault will be assessed a percentage of fault from 0 to 100. Drivers who bear zero fault will pay zero in damages. The at-fault drivers will share the cost of the damage among them, split based on their percentage of fault.

Learn more about car accident liability and Wisconsin's comparative negligence laws in our post entitled, “Comparative Negligence and Wisconsin Car Accidents”.

Seeking Compensation as a Passenger

If you have been injured as a passenger, you will apply to receive damages from the at-fault driver(s) insurance. Passengers may claim damages for many of the same things claimed in other types of personal injury cases:

• Medical costs related to accident injuries include hospital and doctor bills, prescription costs, therapy, and mobility devices.
• Pain and suffering
• Lost wages due to time missed from work for your recovery
• Loss of future wages or lower earning capacity due to the injuries
• Transportation costs, including to the ER and medical appointments

Determining the amount of your claim is tricky, especially once you take all factors into account. Insurance companies may make you a settlement offer, but it may not be the full amount to which you are entitled or need. Then, there is the possibility that the liable party or parties can’t pay, making the process even more complicated. Additional complications arise if there is more than one injured passenger; the insurance coverage available may not be enough to cover both claims.  As a passenger in a vehicle involved in an accident, you are entitled to all of the UM/UIM/medical expense coverage that the driver of your car has in effect.

These are just a few of the reasons why so many passengers seek help from the car accident attorneys at Eisenberg Law Offices. Your attorney will represent you throughout the process, ensuring you receive the full value of the damages you are entitled to and shepherding your claim through the process, even representing you to multiple insurance companies in the event there is more than one driver who has a car accident liability.

Our firm represents vehicle passengers as well as drivers in car accident cases throughout Wisconsin. If you have been injured in a car accident as a passenger, contact our office to get answers to your questions and advice on your next steps.

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/car-accident-liability-for-wisconsin-passengers-injuries/.

3 Questions To Ask Your Wisconsin Personal Injury Lawyer

 

Tips For Choosing a Wisconsin Personal Injury Lawyer

Hiring a Wisconsin personal injury lawyer to help you win a claim or settlement is the best way to ensure you receive the full amount you are due. But how do you choose an injury lawyer? Referrals from friends and family are usually the first place most people start, but this might not be the best approach.

Why? Because every personal injury case is unique. There are unique circumstances in each case along with unique personalities involved. That means that what worked for your friend or family member, may not work in your case. Not only that, many personal injury attorneys specialize in certain types of cases such as car accidents or slips and falls. You may not want a slip-and-fall attorney representing you in a product defect case, for example.

Other considerations are the attorney’s approach to the case or their strategy, their rates and fees, and above all how comfortable you feel with the attorney. All of these factors combined can make it overwhelming to find the right Wisconsin personal injury lawyer.

Asking questions during your initial consultations with different attorneys will help you narrow down the field and ultimately choose the right attorney for your needs. Below are three questions to get you started.

Three Questions to Ask Your Wisconsin Personal Injury Lawyer

1. What is your experience with cases similar to mine? Attorneys who have a lot of experience with or specialize in cases similar to yours improve your chances of securing a favorable outcome. They are more knowledgeable about that specific area of law and how to best manage those types of cases. 

• What is your current caseload? Ask this question to make sure the attorney actually has time for your case. Ask who else will be working on your case and what their roles will be to get an idea of whether or not the attorney will be giving your case the attention it needs.

• What are my chances of winning my case? During your consultation, the attorney will have a chance to look over the evidence and facts of your case. They should be able to tell you if you have a case worth pursuing and whether or not you are likely to win. Learn more about how case settlements are valued in our post, “How is the Value of a Personal Injury Case Determined?”

Do You Have a Wisconsin Personal Injury Case? Contact Eisenberg Law to Find Out

A Wisconsin personal injury lawyer will only help your case. Contact Eisenberg Law Offices in Madison to discuss your case in a free and confidential consultation with a personal injury attorney. We have a team of skilled and qualified injury attorneys who are ready to fight for you.

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

This post was originally published at https://www.eisenberglaw.org/3-questions-to-ask-your-wisconsin-personal-injury-lawyer/.