Personal Injury Attorney Fees - contingent fee basis

Madison Personal Injury cases handled on a contingency fee basis

If you have been injured in or around Madison, Wisconsin, you should contact an attorney to help you get compensation for your damages. While most people understand this on some level, they may worry about the ability to pay for an attorney. If you are worried about the cost of legal services, you may benefit from a contingent fee arrangement. This removes much of the burden of paying and can help you gain access to the civil justice system.
How Contingent Fees Work
When you speak to a lawyer about your case, he or she will help you understand your rights and your options. If you decide to hire the attorney on a contingent fee basis, you do not have to pay up-front legal fees. Instead, the attorney agrees to work on your case and collect his or her payment at the end. This comes as an agreed percentage of your settlement or trial verdict, along with costs and expenses incurred in preparing and presenting your case.
The arrangement gives you peace of mind. You can concentrate on healing and recovering from your injury without the added burden of paying an attorney.
What If You Lose?
Of course, you may worry about what happens if you go to trial and lose. If that occurs, the attorney usually bears the cost of the loss. The fee is contingent on the attorney earning you a damages award; if there is no award, you will not pay a fee at all. The attorney takes on this risk and essentially bets on his or her abilities and the strength of your case.
If you are injured and worried about your ability to afford a great lawyer, contingent fee agreements can get you there. You can afford an experienced personal injury lawyer. In Madison, Wisconsin, working with Eisenberg Law Offices gives you that opportunity.
This post was originally published at https://www.eisenberglaw.org/personal-injury-attorney-fees-contingent-fee-basis/.

Reporting Domestic Violence In Wisconsin

Reporting Domestic Violence Carries Repercussions

2014 saw the passage of new laws regarding domestic violence in Wisconsin. Specifically, the law changed the consequences for reporting by placing the decision to make an arrest upon responding law enforcement officers. Prior to these changes a report practically guaranteed an arrest. Now?
Wisconsin State Statute 968.075 allows an officer to make an arrest if: "The officer has a reasonable basis for believing that continued domestic abuse against the alleged victim is likely."
The second part of the sentence gives quite a bit of leeway to officers and may not always lead to an arrest. However, even when arrest is not made, there are repercussions for reporting domestic violence to the authorities.

Domestic Violence Reports Can Be Used As Evidence

As part of the 2014 change, district attorneys are now required to report all instances of law enforcement responding to a domestic abuse call without making an arrest to the Wisconsin Department of Justice. Prosecutors can then use these reports as evidence if the accused is charged with domestic abuse within the following 10 years. These reports can be used even if the suspect wasn't charged or wasn't convicted of the crime.
Even if the officer does not make an arrest, he/she still has to file the report and the district attorney will still look at it. It's possible that the district attorney will find enough evidence to make an arrest and will send an officer back to arrest you.
We are not suggesting that anyone suffering domestic abuse not report it. If you are being abused and need legal protection from your abuser, you should definitely call the police and make the report.
What we do want to point out is that these legal changes mean even frivolous reports can be used against a person for a decade, so reporting domestic abuse when there isn't actually any abuse going on may affect your partner for a long time.
Finally, anyone who has been charged with domestic abuse, should consult a criminal defense attorney right away. Prompt response by your attorney can minimize damage and protect you from false charges. As this law proves, even allegations have far-ranging consequences for which you may be unaware.
For example, anyone who has had a restraining order or an injunction for domestic violence placed against them must surrender their weapons and a conviction can result in a loss of your Second Amendment right to own a firearm. There are even short-term consequences. Anyone arrested for domestic abuse in Wisconsin must refrain from contacting the victim and stay away from his/her residence for 72 hours following the arrest, even if they live in the same house.

Consult Eisenberg Law In Domestic Abuse Situations

Wisconsin has many special rules and procedures that apply in cases involving domestic abuse. Consultation with one of Eisenberg Law's experienced defense attorneys is extremely important to ensure your freedom and keep your record clear. Even if the allegations are true, an attorney can provide insights into how the prosecutor and judge are likely to handle the case and explain your best defense options. The stakes are simply too high to leave the situation to chance.
Contact Eisenberg Law Offices for a free consultation by calling 608-256-8356 or email Info@EisenbergLaw.org.
This post was originally published at https://www.eisenberglaw.org/firm-overview/articles/reporting-domestic-violence-in-wisconsin/.

Possession Of Drug Paraphernalia Charges In WI

Fighting A Possession Of Drug Paraphernalia Charge

The creativity of drug users is impressive. Non-users would be surprised to see the number and variety of common household objects that become drug paraphernalia in the hands of an addict. From a legal perspective, drug paraphernalia can be anything that is used to smoke or ingest a controlled substance…a soda can, a plastic baggie, a wrapper.
Possession of drug paraphernalia is a crime in Wisconsin. A conviction can include fines of up to $500 and/or up to 30 days in jail. Wisconsin State Statute 961.573 specifies that:
"No person may use, or possess with the primary intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance or controlled substance analog in violation of this chapter."
When defending against charges of possession of drug paraphernalia it is very important to review the statutes governing the charge as they may hold the key to beating the charge.
Details Matter
For example, suppose an individual was pulled over during a routine traffic stop. The police found reason to search the vehicle and discover cocaine inside a wrapper which was inside a plastic baggie.
But, according to state statute 961.573, there must be "intent to use" the drug paraphernalia. Simply having drug paraphernalia in your possession isn't enough to prove guilt. It is these types of technicalities that can mean the difference between a conviction and walking free.
Defendants are entitled to trials based on the charges levied by the prosecutor – and only those charges. They cannot be prosecuted for uncharged offenses, even if they are of the same general character as the primary charge.

Eisenberg Law Can Help You Fight A Charge Of Possession Of Drug Paraphernalia

If you have been charged with or convicted of possession of drug paraphernalia in Wisconsin, contact the criminal defense attorneys at Madison's Eisenberg Law Offices for a free case consultation. Our criminal defense attorneys bring over 35 years of experience to every case.
Call Eisenberg Law Offices at 608-256-8356 or email Info@EisenbergLaw.org to schedule a free, no-obligation consultation.
This post was originally published at https://www.eisenberglaw.org/possession-of-drug-paraphernalia-charges-in-wi.

Car Accident Attorneys | Lane Change Car Accidents

Eisenberg Law's Car Accident Attorneys Explain Liability In Lane Changing Cases

Once we come to our senses after an accident and ensure everyone is safe, our thoughts might turn to insurance claims and liability. In the case of lane changing accidents, liability might be determined by the speed of the vehicles involved in the accident, whether turn signals were used, and whether the driver checked the blind spot.

How Car Accident Attorneys Prove Liability In Lane-Change Accidents

Fault or liability in a car accident is typically tied to driver negligence or violations of the state's motor vehicle laws. Negligence claims in car accidents, including lane-changing accidents, must take into account four elements: Duty, Breach, Causation, and Damages. Car accident attorneys must prove these elements in order to win a car accident liability case for their clients.

1. Duty: Did the other driver owe you a duty of care to drive responsibly?
2. Breach: Did the other driver fail to meet this duty, by changing lanes too abruptly or without looking?
3. Causation: Were you injured as the result of the other driver's lane change, and were your injuries the fault of the car accident or caused by something else?
4. Damages: Can you provide documentation of your injuries, through medical records, medical expenses, or evidence of emotional distress?

Wisconsin State Statute 346.07 dictates when and how a driver may pass and clearly specifies that a driver cannot do so until it is safe. Likewise, the vehicle that is being passed must yield to the one overtaking it until it has been completely passed. This second part of the statute is important because it opens up the possibility of the driver who was passed being found liable for an accident if he or she sped up to prevent the other driver from passing them.

Proving Liability in Lane-Changing Accidents Requires Help

Even if fault for the accident seems obvious to you, there are many nuances in the law that can make proving liability difficult. There's also the need to provide different kinds of proof to back up your arguments. The accident attorneys at Eisenberg Law Offices are skilled in litigating lane-change lawsuits and ascertaining liability for accidents. If you have been involved in a car accident and want to pursue the matter in court, contact our team at 608-256-8356 or email Info@EisenbergLaw.org to schedule a free consultation.
This post was originally published at https://www.eisenberglaw.org/car-accident-attorneys-lane-change-car-accidents/.

Daycare Negligence | Personal Injury | Eisenberg Law

Daycare Negligence Can Be Attributed To Hiring Practices

The injuries and deaths of children that happen while a child is at daycare never fail to make headlines. Injuries can arise at a daycare in any number of ways, from playground injuries to food allergy situations, to unsafe conditions inside the daycare and even to abuse by daycare providers. During summer, we see a rise in cases involving hot car deaths when a child has been overlooked by daycare staff and left buckled in a car seat inside a vehicle on a hot summer day.
In most of those cases, daycare negligence comes down to maintenance and repair issues or negligent actions of staff. A recent case in Alabama went a little bit beyond that to include the daycare's hiring practices as reason for a child's daycare death.
The Johnson Case
Parents in Mobile, Alabama, sued their daycare provider for the death of their 5-year old son who was found dead along the road a few miles from the daycare. It is thought that the driver of the shuttle that picked him up for daycare inadvertently left him in the vehicle where he died and she later removed his body from the vehicle and left it along the roadway.
The family sued the daycare alleging negligence in their screening and hiring practice.  A simple background check would have revealed a lengthy arrest and conviction record for the driver, dating back to 1991. The driver's arrest history included multiple counts of theft of property, no driver's license, failure to appear in court charges, giving a false name, and fugitive from justice charges.
Negligence and Duty of Care
One of the primary components of any negligence case is proving that the defendant owed the victim a duty of care. In other words, did the daycare have a duty to provide the family a safe means of travel to and from the daycare and care for the child while he was in their hands. Just about anyone will say, "Yes, the daycare had a duty to keep the child safe while in their care." That's the function of a daycare, after all!
Where the case becomes interesting and less clear-cut is in whether or not the daycare provider performed their due diligence in hiring the driver.
This case demonstrates the many different factors that can influence daycare negligence. Few consider the hiring practices of the daycare as a factor in determining negligence, but in this case it may play a very important role. This is a good example of why you should always seek the advice of an attorney when an accident has occurred. Daycare negligence cases can be very complex and require the services of an experienced liability attorney.
If you suspect you are the victim of negligence, contact Eisenberg Law Offices in Madison WI for a free case consultation. Call 608-256-8356 or email Info@eisenberglaw.org to arrange a free consultation.
This post was originally published at https://www.eisenberglaw.org/firm-overview/articles/daycare-negligence-personal-injury-eisenberg-law/.

Who pays the personal injury expenses for a hit and run accident?

Accident Injuries from a hit-and-run driver are the responsibility of your insurance carrier

Hit-and-run accidents are frustrating because they leave behind damage and injury -- and no one for your insurance company to contact. When the person who hit you drives off without giving you or witnesses any information, it may seem like you're stuck with the bill for all car repair and medical costs. In Wisconsin, this is not necessarily the case. A hit-and-run driver is technically responsible for an accident, but if you can't find the person, your uninsured motorist coverage might take over.
Per Wisconsin law, if someone hits you and does not stick around, that person is liable for the accident once you or the police find them. But what if you never find them? While witnesses and security videos from nearby businesses and homes are often the keys to locating a hit-and-run driver, they aren't 100 percent guaranteed to reel the driver in. Even if you do eventually find the person, your bills will become due in the meantime.
A court case from 2010 holds your answer. That year, the Wisconsin Law Journal reported that a court had decided that the definition of a hit-and-run driver was not as cut and dried as it seemed. A family had sought uninsured-motorist coverage after an accident that left their son injured. He had been hit, the driver asked him if he was injured, and he said no, so the driver left. However, it turned out there were injuries -- accident injuries often take some time to show up because of the masking effect of adrenaline after an accident -- so the family wanted coverage for bills from their insurance company.
While the claims were denied at first, the court ruled that insurance coverage didn't dovetail well with the criminal definition of hit and run. It decided that a reasonable -- that word is important -- expectation of the insured would be to receive coverage. The upshot is that, if you don't have the other driver's information, you may be able to get your bills covered through your uninsured motorist coverage.
If you need help dealing with a hit-and-run driver who has been caught or getting coverage under an uninsured motorist policy, talk to Eisenberg Law Offices about your options. You should not have to be stuck paying all these bills because of someone else's actions.
This post was originally published at https://www.eisenberglaw.org/who-pays-the-personal-injury-expenses-for-a-hit-and-run-accident

5 Things to Know When Choosing a Felony Attorney in Wisconsin

When faced with felony charges in Wisconsin, know what makes a good felony attorney

Felonies are serious, and when you go to choose a felony attorney to represent you in court, you must choose wisely. Interviewing the attorney is recommended so that you find someone with whom you get along professionally. Choosing the wrong attorney, even if the attorney seems skilled at first, potentially affects your chances of a successful court outcome.
What Experience Does the Attorney Have in the County Where You'll Be in Court?
Do not assume that any Wisconsin attorney will do. You need an attorney who practices in the county in which you'll go to court. That attorney will be more familiar with that county's court system and may know more about how individual judges react.
How Responsive Is the Attorney to Your Questions and Fears?
Does the attorney brush off fears you have? Does he or she interrupt you all the time? Or does the attorney listen to you and explain why he or she does not think there will be a problem? This is a scary situation for you, and you need someone who will take your fears seriously.
How Does the Attorney Think Your Case Will Play Out?
How optimistic, realistic, or pessimistic is the attorney, and why? If you feel the attorney has already convicted you mentally -- or if you think the attorney is suspiciously optimistic and offering nice-sounding predictions that he or she can't back up with laws or precedents -- you may want to check out other attorneys.
What Has Been a Typical Outcome in Felony Cases for This Attorney?
You need to know the attorney's track record for felony cases. A long list of losses is an obvious sign to switch to someone else.
How Much Does the Attorney Rely on Plea Bargains?
If you are not guilty but the case still looks tough, how much will the attorney be willing to fight for your acquittal versus telling you to settle for a plea bargain to avoid a trial?
If you need a felony attorney in Madison, contact Eisenberg Law Offices immediately. You need skilled representation and should not wait to find someone who can help you.
This post was originally published at https://www.eisenberglaw.org/5-things-to-know-when-choosing-a-felony-attorney-in-wisconsin