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/.