Eisenberg Law Offices | Law Firms in Madison WI

Eisenberg Law Offices | Law Firms in Madison WI

Friday, November 3, 2017

Injury Lawyers In Madison Look At Sports Injury Lawsuits

Injury Lawyers In Madison Look At 7 Common Questions Regarding Sports Injury Lawsuits

Sports are serious business in Wisconsin. Whether it is small-town Little League or a Monday night Packers rivalry game, we love to watch and play sports. Like anything else, there's a chance for injury during any sporting event; and while the chance is usually higher that participants will be the ones to get hurt, spectators can find themselves getting injured as well.
What kinds of protections are in place for athletes and spectators who become injured as a result of a sporting event?

Listed below are some of the top questions our injury lawyers in Madison hear every year.
Common Questions Regarding Sports Injury Lawsuits
  1. If I Am Injured At A Sporting Event Can I Sue? While there is some assumption of risk when you attend sporting events, personal injury lawsuits can be filed if there was clear negligence on the part of the team or event management.
  1. What If My Kid Gets Hurt During While Playing Sports? Despite advances in safety gear and training techniques, 1 in 10 kids gets hurt playing sports. Prevention remains the best medicine in these cases. Proper training and equipment, as well as paying attention to the child's complaints of aches or pains is the best way to prevent injury.
  1. What Can Be Done About Concussion Rates Among Children? Concussion rates among kids are on the rise. This could be due to better reporting and more children being seen by doctors than in the past, but the fact remains that even one concussion is one too many. Parents and coaches need to: make sure kids have the proper equipment to participate in sports, become better at recognizing the signs of brain injury, encourage kids to tell them if they aren't feeling well, and keep kids out of the game until they are fully recovered.
  1. How Can I Keep My Child Safe When Playing Sports? Encourage your child to listen to the coach and follow directions, but also to listen to his or her own body and instincts. If something doesn't feel right, the child should feel comfortable telling parents and coaches that they need help. Make sure kids are wearing all of their protective gear and don't force them into situation they aren't ready for yet.
  1. Can I Sue The Coach For Extreme Practice Requirements? All players (and their families) assume some form of risk when playing sports. That doesn't mean the coach is free to encourage or demand reckless behavior from participants. In some cases, extreme-coaching techniques can lead to injuries that do result in successful personal injury lawsuits.
  1. Am I Required To Sign School Liability Waivers? Liability waivers are intended to protect schools from liability for student injuries. In some cases you are simply asked to sign the waiver; in others your child won't be allowed to participate in the activity without a signed waiver. Keep in mind that all waivers have their limits. Just because you signed a waiver does not necessarily mean you will be unable to bring a lawsuit if an injury befalls your child.
  1. Do School Sports Injury Lawsuits Succeed? Most schools will require you to sign a waiver, which can make it difficult to bring a lawsuit, but not impossible. Every injury and subsequent lawsuit is unique. Some succeed, others fail. Issues such as negligence, assumption of risk, and past precedent can all affect the outcome of the case.

Injury Lawyers In Madison Can Help You Evaluate Your Case

Personal injury lawsuits are complex and unique to the situation. Even with past precedent in place, there is no guarantee that a sports injury lawsuit will prevail. The only way to determine if you have a case is to consult with the Eisenberg Law Offices injury lawyers in Madison. Contact us at 608-256-8356 to discuss your situation and learn more about sports injury lawsuits.

This post was originally published at http://www.eisenberglaw.org/firm-overview/articles/injury-lawyers-madison-look-sports-injury-lawsuits/

Unlicensed Drivers Can Still Cause Crashes

Car Accidents caused by Unlicensed Drivers

The Automobile Club (AAA) may be known as a way to take care of car registration and get towing services, but it's also a major researcher of road safety. These studies are valuable because they give you a good idea of what conditions on the road are really like, and what precautions you should take.
One of the statistics they have looked at is how many drivers in car crashes are unlicensed or have something wrong with their license, such as having an expired license. In a 2011 study, about 18.2 percent of drivers in crashes either did not have a license or had one that was invalid -- and these accidents resulted in over 21,000 deaths. The number of non-fatal injuries involving these drivers was likely much higher.
The study also found that the reasons for not having a proper license were based on suspension and revocation.
This means that as a driver, you need to be much more careful on the road because drivers who lost their licenses at least temporarily due to their bad driving habits are still getting out on the road. That puts you at risk of being injured or killed because someone else didn't want to stop driving even though the state attempted to stop that person from getting behind the wheel.
An additional risk is that these drivers may also be driving without insurance -- and that means that even if you have uninsured-motorist coverage, you could face mounting bills if the coverage isn't enough.
Contact Eisenberg Law Offices to speak with a lawyer if you or someone you know has been in an accident with an unlicensed driver. You must take action to ensure that you get the compensation you need.
This post originally published at https://www.eisenberglaw.org/unlicensed-drivers-can-still-cause-crashes/

5 Defenses for Drug Possession in Wisconsin

Drug Possession in Wisconsin -5  Potential Defenses

Drug possession is a felony in Wisconsin, so it's understandable that you'd want to fight the charges. However, be careful doing this because while there are potential defenses, what might look like an easy case to you can run into complications and obstructions if you don't have good representation. You must meet with a lawyer to discuss possible defenses against a drug possession charge.
Not Really Drugs
It happens: You're carrying something that looks like it could be a drug but really isn't. In the past, tea leaves have been mistaken for marijuana, and drywall dust was mistaken for cocaine. You can have the substances tested, though, and present the results in court. Of course, this defense is only good if you really were carrying something innocuous.
Two Technicalities
Two more defenses are based on properly interpreting and carrying out the law. One is improper search and seizure. Maybe you had drugs on you, but if the police discovered them in a way that violates the law, you could get the charges dropped or reduced. A second is that the evidence is lost. There is no guarantee that this defense would always work, but if your lawyer can prove that crucial evidence is not present, that could change the case in your favor.
Coercion and "Not Mine"
Two additional defenses are much tougher to prove, but could be appropriate given the circumstances. One is that you were coerced into holding the drugs. You'd have to be able to prove that you faced a situation in which you thought you had no choice but to comply because of the threat of harm. The other is that the drugs belonged to someone else.
Before you attempt any of these defenses, contact Eisenberg Law Offices for a consultation. Work with our lawyers to find the best defense for your case.
This post originally published at https://www.eisenberglaw.org/5-defenses-drug-possession-wisconsin/

Madison Metro Bike Paths

Stay safe on Madison Metro Bike Paths

Autumn in Wisconsin provides natural beauty that can rival anyplace else in the country. And the state's bike trails give you the opportunity to get out and enjoy some exercise in the cool air among the falling leaves. When you go out to enjoy a ride, be careful to pay attention to what you are doing. If you follow all the proper safety precautions, you can find tranquility that makes everything else in your life a little better.
Mariners Trail
Mariners Trail provides 5.5 miles of scenic travel along the shore of Lake Michigan. This is a free trail for bikers, walkers, or joggers, and includes travel through a state forest and city areas.
Heart of Vilas County System
The Heart of Vilas County trail system includes several different trails for your enjoyment. The total is over 45 miles of paved trails, taking you through dense forests and along clear waters. You can chose shorter routes within or take on the whole system, so it can accommodate just about any fitness level.
Bugline Trail
Bugline Trail goes through several quarries and covers 16 miles. It provides woodlands as well as fantastic views down into the quarries along the way. It ends near North Lake, giving you a nice view of the water.
Old Abe State Trail
The Old Abe State Trail runs for twenty miles between Lake Wissota State Park and Brunet Island State Park. You need a state trail pass to use it, but it can give you an opportunity to enjoy biking, rollerblading, running, or walking amid wildlife and natural beauty.
Whatever trail you choose, be careful to follow the rules and keep an eye out for others on the path. Take your time and keep yourself safe as you enjoy the beauty that Wisconsin's bike paths offer.
This post originally published at https://www.eisenberglaw.org/madison-metro-bike-paths/

Mistakes Commonly Made Following a Dog Bite

Dog Bites - Common Mistakes following a Bite

Dog bites provide an all-too-common source of injuries in Wisconsin. And unfortunately, children are three to five times more likely than adults to suffer personal injuries from interactions with a dog. Most of these injuries come from a dog the victim knows. If you or your family members have been injured by a dog bite, be careful not to make any of these common mistakes in the aftermath.
  1. Avoiding Medical Care
You or your child may try to handle your injuries yourselves. If the wounds do not look too bad, you may feel you can just take care of it without incurring the cost of care. But much of the danger in a dog bite lurks unseen.Dogs have bacteria in their mouths. If you are not up to date on tetanus shots or other immunizations, you may face dangers beyond the visible punctures or cuts. See a medical professional right away to protect yourself.
  1. Keeping It from Authorities
Beyond your own care, you need to take time to contact the local police and animal control. You may not want to do this if you know the animal and its owner, but if the dog needs to be quarantined or tested for rabies or other dangerous conditions, the failure to notify authorities does the community a disservice. The authorities will need to examine the dog and make sure it is not a danger to itself or others. They will also help you document what happened.
  1. Not Seeking Legal Help
In Wisconsin, a dog bite subjects the owner to liability of two times the total damages the victim suffers if the dog has previously attacked or bitten someone. But if you do not seek the help of an experienced attorney, you will struggle to identify the damages and get your legal recovery. Don't try to navigate the system yourself; contact the experienced legal experts at Eisenberg Law Offices.
This post originally published at https://www.eisenberglaw.org/mistakes-commonly-made-following-dog-bite/

What Is Intentional Homicide In Wisconsin?

Intentional Homicide Charges in Wisconsin - know your rights!

Intentional homicide is a specific kind of murder charge in Wisconsin in which you stand accused of killing another person, or a mother and her unborn child, on purpose. If you are arrested for intentional homicide, it is one of the most significant criminal charges that can be brought against you. You need to understand the charge and your rights in this situation.
First Degree Intentional Homicide
Most intentional killings of another person qualify as first degree intentional homicide. This is a class A felony in Wisconsin, which subjects you to life in prison if you are convicted. And if you meant to kill someone, but killed a different person by accident, the charge and the penalty remain the same.
Wisconsin does not have the death penalty. Rather, the penalty for first degree intentional homicide is life in prison. To avoid this penalty, you need to show that you did not intend to kill anyone, or show a justification that can reduce the severity of your crime.
Second Degree Intentional Homicide
Second degree intentional homicide still results from killing someone on purpose, but the charge is reduced due to one of three factors:
  1. Someone provoked you to lose self-control;
  2. you were defending yourself against a threat of harm; or
  3. you killed the person to stop a felony in progress.
This reduces the charge to a Class B Felony, which still carries a sentence of up to 60 years in prison. Because there is no mandatory sentence, though, a strong justification can help you reduce the sentence substantially.
Intentional homicide represents the most significant criminal charge a person can face in Wisconsin. If your actions have led to a person dying, you cannot afford to take chances with your legal defense. Contact the experienced professionals at Eisenberg Law Offices to help you protect your rights.
This post originally published at https://www.eisenberglaw.org/intentional-homicide-wisconsin/

Domestic Abuse in Wisconsin - What You Need to Know

Charged with Domestic Abuse in Wisconsin?

In Wisconsin, you can be charged with domestic abuse in response to any violence or disturbance between you and a spouse, girlfriend or boyfriend, fiancée, or parent to your child. An arrest or conviction can do tremendous harm to your reputation in the workplace and community. Understanding the implications of being charged with domestic abuse in Wisconsin, and how to avoid it, is critical to avoid these consequences.

What Is Domestic Violence?

Wisconsin law defines domestic abuse as any of the following:
  • Intentionally causing physical pain, injury, or illness;
  • intentionally impairing someone's physical condition;
  • sexual abuse; or
  • causing the other person fear that any of these will occur.
Because the statute is so broad, it can be easy for someone to accuse you. Even an allegation that you acted in a way to frighten the other person can be grounds for an arrest.
Why You May Be Arrested
A neighbor or your significant other can call the police to investigate a domestic disturbance. Whether you are arrested will depend on whether the other person is injured, whether the police believe there is abuse that is likely to continue, and whether the police determine that you are the main aggressor in the dispute. A history of violence can weigh against you, as can indications that the other person is hurt or afraid.
No Contact and Temporary Restraining Orders
If you are arrested for domestic abuse, you immediately become subject to a 72-hour no contact order. If this happens, whether you feel you were wrongly accused or not, you must stay away from the accuser. A court that finds you in violation of this order can fine you up to $10,000 and jail you for up to nine months. Similarly, if the alleged victim files for a temporary restraining order (TRO), you can be fined another $1,000 and jailed for 9 months if you violate that order.
Domestic violence accusations can cause you serious problems that affect you for the rest of your life. If you have been accused, don't wait to contact experienced defense counsel for assistance.
This post was originally published at https://www.eisenberglaw.org/domestic-abuse-wisconsin-need-know/.