Understanding Dog Bites & Attacks: Statistics & Facts

Dog Bites - Madison Personal Injury Attorney explains the Risks

Many Americans, in Wisconsin and everywhere else, love dogs. But unfortunately, these beloved animals can also cause serious harm. Understanding the risks they pose, and how to avoid them, is critical to protecting yourself and your loved ones.

Dog Bites by the Numbers

There are almost 90 million dogs in the United States. While not all of them attack, dogs present a risk of harm to people. Dogs bite approximately 4.5 million people each year. The vast majority of these do not cause harm. Even so, about 300,000 emergency room visits each year are related to dog bites, and 100,000 actually require emergency care. 

Some dogs carry reputations for being more dangerous than others, and in fact larger, stronger dogs tend to be the most deadly. Over 74% of deaths caused by dogs come from pit bulls and rottweilers. More than half of all dog bites come from familiar dogs.

Harm from Dog Bites

A dog bite does not have to be fatal, or even overly vicious, to cause significant problems. If you have been bitten by a dog, you may be at risk for any of the following:

• infections
• rabies
• MRSA
• tetanus
• pasteurella

Left untreated, any of these conditions can create serious health issues. In fact, the CDC estimates that about 18% of all dog bites become infected.

Wisconsin Dog Bite Liability

Wisconsin law creates liability for the owners of dogs that bite. The owner is liable for all damage the dog causes even if he or she did not know that the dog was dangerous. If the dog has bitten someone previously, the damages are doubled. Dogs are dangerous animals if you do not take care around them, and you should always be cautious when you see a dog approach. Be careful, but if you are attacked, Eisenberg Law Offices can help with your personal injury claim.

This post was originally published at https://www.eisenberglaw.org/understanding-dog-bites-attacks-statistics-facts/

Probable Cause And OWI In Wisconsin - What You Should Know

Wisconsin OWI laws - was there Probable Cause to Arrest you?

The term "probable cause" is one you've likely heard several times in your life, but it can be a vague concept until you find yourself faced with charges related to operating while intoxicated, or OWI. The purpose of probable cause is to ensure that an officer's investigation of you is justified and not the result of a hunch or random suspicion. The legal requirements surrounding probable cause can help you get charges dropped if those standards are not followed.

Defining Probable Cause

Probable cause is what it sounds like. The officer must have a reasonable suspicion, based on something you're doing, that an illegal activity is taking place. In other words, if you're sober and driving normally, obeying all laws and staying in your lane without weaving, an officer can't pull you over and question you about an OWI.
The officer must establish that something you were doing was out of the ordinary or that you committed a traffic violation. For example, if you were weaving in and out of lanes while driving, the officer would have probable cause to stop you and see if you were intoxicated.

How Probable Cause Can Help You

If you wind up facing charges, you need a lawyer to determine why the officer stopped you in the first place. Again, using the example of driving normally: If the officer stated that you were driving normally, but he just got a bad feeling about you, that's probably an illegal reason for stopping you.
With proper legal representation, you could even get the charges dropped if the lawyer can prove the officer had no reason to stop you. However, each situation is different. Contact Eisenberg Law Offices to have a lawyer evaluate your case.
This post was originally published at https://www.eisenberglaw.org/probable-cause-owi-wisconsin-know/.

What Is a Contingency Fee?

Personal Injury Case - Contingency Fee

The ability to arrange for contingency fees when working with a lawyer has helped many people find justice when they do not have enough money to pay for legal fees up front. While not every law firm offers contingency fee agreements, many do. If you need help with a lawsuit or other legal matter, and you do not think you have enough money to hire a lawyer, you are not out of luck at all. You only have to find a law firm that accepts contingency cases.

How Contingency Fees Work

If you and your lawyer have agreed to handle payments on a contingency basis, you don't pay the lawyer anything until you win your case and get an award. That means that the lawyer doesn't require payment until the other party has paid up.
Both you and the lawyer you work with need to agree on and sign a contract that details the fee contingency percentage. If there are additional fees that the lawyer wants you to pay, such as expenses related to gathering evidence, the contract should state what those fees are. The contract needs to be as specific as possible.
Do not enter into a contingency-fee case until you have a signed contract in writing. Verbal agreements will not do; any good lawyer is going to require everything in writing.
Don't give up prematurely if you don't have the money to hire a lawyer for your personal injury case. Contact Eisenberg Law Offices to discuss contingency-fee arrangements, and get to work on your case.
This post was originally published at https://www.eisenberglaw.org/what-is-a-contingency-fee/.

What is Implied Consent in Wisconsin?

Understanding Implied Consent for Wisconsin Drivers

Police officers in Wisconsin who suspect someone of operating while intoxicated (OWI) will pull that driver over to confirm their suspicions. This may involve a field sobriety test and a breathalyzer test. You may have heard that you should refuse the test. Unfortunately, that is not true. Thanks to Wisconsin's Implied Consent law, your choices are extremely limited once you've gotten behind the wheel after drinking or taking drugs.

What Is Implied Consent?

In most cases, "consent" means you agree to do something. Implied consent is different. Anyone driving in Wisconsin is deemed by law to have given consent to a breath, blood, or urine test for blood alcohol content if the officer has probable cause to believe that you are under the influence. It doesn't matter if you don't want to take the test; you consented by law as soon as you started to drive. You don't get to contact an attorney before the test, and you don't have a right to say no.
But What if You Refuse?
Refusing to take a breathalyzer or other blood alcohol test carries serious consequences. Testing above the legal limit can lead to penalties including a fine, jail time, and a license suspension of six to nine months for your first offense. But refusing to take a test carries a full year license suspension for your first offense, and gets treated as admission of guilt. You gain no benefit, and stand to lose a great deal from refusing a breathalyzer when a police officer requests it.
Getting Legal Help
While no good comes from refusing to be tested, you can get legal help after an OWI arrest. You may be able to contest whether the officer had probable cause to arrest you or whether the test was properly calibrated. You may alternately be able to negotiate a lesser penalty or plead to a lesser charge. If you are pulled over under suspicion of OWI in Madison, Wisconsin, cooperate, take any test requested, and then call Eisenberg Law Offices. Our experienced attorneys will give you the best defense available for your OWI charges.
This post was originally published at https://www.eisenberglaw.org/implied-consent-wisconsin-2/.

Aspects of a Personal Injury Claim - Depositions

Personal Injury Case Deposition - what to expect?

The discovery process in a personal injury lawsuit gives both attorneys the opportunity to understand the facts at issue. Part of this depends on documents; the police report, accident pictures, and other paper evidence will come in. But one of the most important pieces of the process is the deposition. If you are injured, the other side will want to depose you before trial. The process can be nerve-wracking, but it also gives you an opportunity to tell your story before you have to testify in court.
What Is a Deposition?
The deposition is essentially an interview that the other attorney conducts with you. He or she will meet with you, usually in your attorney's offices, to sit and ask you questions about yourself and the case. The questions typically start with general information about you and then move to the specifics of the case. The attorney may ask broad or narrow questions, with the idea of understanding you and what your testimony will be at trial.
What You Need to Do
The most important thing to remember at a deposition is to tell the truth. You are testifying under oath, so anything you say will be treated as truth. And if you change your answer to any question between deposition and trial, the attorney will use it to suggest that you are not being truthful. Beyond this, keep your answers limited to what the attorney asks you. Remember that he or she is ultimately trying to get information to use against you at trial, so stay on point and stop after you have answered the question.
How to Prepare
A deposition may make you nervous. But if you take the time to practice and prepare with your lawyer, you will get through the experience. Practice waiting to respond so your attorney can make any objections he or she has, and review your notes from the accident. If you stay on track and prepare well, you have nothing to fear from the deposition experience.
This post was originally published at https://www.eisenberglaw.org/aspects-personal-injury-claim-depositions/.

Consultation Checklist - What You Should Bring

What to bring to your Personal Injury Attorney consultation

Understanding your rights after a personal injury starts by finding legal help. Every day, Eisenberg Law Offices helps people get the compensation they deserve for injuries in the Madison, Wisconsin area. But for many, the dilemma comes not in deciding to retain an attorney, but in knowing what to take to your consultation. With that in mind, before you arrive to your appointment, take a look at this checklist to make sure you are prepared.
What You Need
Some items really are important to evaluating and preparing for your claim. This includes identifying information and some basics to help us get started:

• Your driver's license
• Auto and health insurance cards
• A police or accident report
• Copies of any bills you have received related to the accident
• Any correspondence with insurers or other parties
• Photos of the accident scene, damaged vehicle, and injuries

All of these will help us understand who you are and give us a starting point from which to investigate your claims. This can give you a significant boost in getting started.
Other Items to Bring
Ideally, you will have taken notes after your accident or injury, and maybe collected some additional documentation. We can get the following later, but your providing them will help us immensely in moving forward for you:

• Names of others involved in the accident or injury
• Any notes you took after the accident
• Names and contact information for witnesses
• Names of all the people and facilities that treated you for injuries
• Contact information for insurance adjusters with whom you've spoken
• Paystubs from work so we can understand economic losses

A personal injury lawsuit, like any other lawsuit, depends ultimately on the facts of your case. The more information you can provide, as to what happened and how it affects you, the more quickly we can evaluate your case. If you have been injured, take care of your needs first. But take the time to prepare to meet with us. The more we know, the sooner we can preserve your rights and get you the recovery you deserve.
This post was originally published at https://www.eisenberglaw.org/consultation-checklist-bring/.

What to Do After Witnessing a Car Accident

Car Accident Witness - what should you do?

When you are injured in a car accident, you have to take steps to protect yourself and preserve your rights, including contacting a personal injury attorney. But what if you witness an accident? You may be the person most able to ensure authorities get accurate information about the accident. But as a witness, you need to be careful.

1. Stay Safe

If you see an accident, you need to pull over to a safe location. Don't approach too closely; you don't know whether the accident creates a safety hazard: fire, explosion, or even just dislodged parts of the vehicle. Find a spot sufficiently clear of the accident, pull over, and carefully exit your car.

2. Get Help

If anyone has been injured in the accident, time is of the essence. You should never assume that everyone is okay, or that someone has called the authorities. Call 911 to get a police officer and any needed paramedics to the scene. If someone else has already called, you do no harm by calling as well. And if no one else has been able to call, you just may save someone's life.

3. Stand Back

You may be tempted to try to help the victims of an accident. This is a good, humanitarian impulse, but unless you are a trained medical provider, you risk doing more harm than good. Once you contact medical professionals, you should keep yourself safe and wait for qualified help to arrive. By doing so, you protect yourself and those involved.

4. Make a Statement

When the police arrive, they will start by taking statements from everyone they can who was involved in the accident. But if their statements differ, your impartial statement can help clarify what really happened. Wait for long enough to make your statement, then jot down some notes to make sure you remember. Insurers, lawyers, or police may call on you later to verify what you saw.
Accidents happen every day, in Madison, Wisconsin and across the country. When you stop and follow the right process, you help those involved recover and obtain justice.
This post was originally published at https://www.eisenberglaw.org/witnessing-car-accident/.