When to Contact a Personal Injury Attorney

If you are injured in an accident, you need to think first about healing. As the medical bills and time away from work add up, it makes sense to think about whether you deserve compensation for your injuries. If someone else caused your injuries, it may be time to seek a personal injury attorney to help you.
Who Caused Your Accident?
One of the first questions to consider is who caused your accident. Sometimes accidents just happen, through your own distraction or bad luck. Often, though, someone else’s negligence or reckless behavior leaves you hurt and struggling. If another driver was intoxicated or speeding or creates dangerous conditions that make the other driver responsible, you need a lawyer. Similarly, if you are on someone else’s property and that person did not safely maintain it, you may be able to recover damages. Think about how your accident occurred, and if someone else is responsible, you should speak with an attorney.
How Badly Were You Hurt?
Not all injuries are worth the stress of a lawsuit. If you are not going to miss any work time, or you come away relatively unharmed, you may not need an attorney. On the other hand, keep in mind that your damages can include the cost of property damage, lost wages, and medical expenses. You may even have an adrenaline rush right after the accident that leaves you feeling fine, with the physical or psychological damage revealing itself later. Don’t assume that just because you feel okay right after an accident, you are fine.
What Do You Need to Know?
One of the biggest reasons to contact a personal injury lawyer after you are hurt is that you may not know your rights. Discussing your accident with an attorney can help you sort through what happened and understand the claims you may have against someone. If you have been injured and want to learn more, contact Eisenberg Law Offices, online or at (608)256-8356.
This post was first published at https://www.eisenberglaw.org/when-to-contact-a-personal-injury-attorney

Personal Injury Case For An Injured Child

3 Ways An Injured Child Personal Injury Case Differs From Adult Cases

If a child is injured due to the actions, or even inactions, of another party, his or her parent or guardian can pursue a personal injury case on the minor’s behalf. This is similar to how an adult who is injured by another party can pursue a personal injury claim to try and reclaim damages for their injuries. However, there are three ways in which a personal injury case involving a child differs from that of an adult:

1. The statute of limitations is longer for children than it is for adults.
2. The “standard of reasonableness” is applied differently.
3. Settlements awarded to the injured child are protected by the court.

The Statute Of Limitations Is Longer For Children Than It Is For Adults
Wisconsin, along with every other state, has a time period within which a personal injury claim must be filed. This is called a statute of limitations. Once the statute of limitations has expired, victims are unable to file lawsuits against the negligent party. In Wisconsin, the statute of limitations on a personal injury claim is generally 3 years from the date of the injury…if you are an adult. If the injured party is a child, the statute of limitations expires two years after the child turns 18.
The idea behind this extended statute of limitations is to allow the injured child a chance to decide for him or herself, as an adult, whether or not they want to file a lawsuit. 
The “Standard Of Reasonableness” Is Applied Differently
Every personal injury case applies the legal doctrine “standard of reasonableness” to determine fault in the case. This standard examines whether or not the decisions made by the victim were legitimate or reasonable, given the situation. As an example, if an adult is hit by a car while crossing the street, but did not look both ways before crossing, it could be argued that the pedestrian was partially at fault for the accident since he or she did not exercise reasonable care. This standard of reasonableness is harder to prove when the victim is a child and depends greatly on the child’s age.
In Wisconsin, the state has determined that anyone under the age of 7 cannot be found negligent under this standard. If the child is over the age of 7, the question becomes how we would expect a reasonable child of that same age to act in that situation. While this does protect young children from being held to adult standards, it forces adult jurors to gauge the “reasonableness” of a child, which can be challenging.

Settlements Awarded To The Injured Child Are Protected By The Court

The third way an injured child case is different from an injured adult case is in how settlements are awarded. If a settlement is awarded, parents do not receive the money. Instead, it is put into a protected account.  Parents must petition the court every time they want to withdraw funds. Although general child-rearing expenses are not covered by the fund, the money can be used for medical expenses or care related to the injury. Once the child turns 18, the money is released to him or her.

Consult a Personal Injury Attorney If Your Child Has Been Injured

These are just three common examples of how personal injury lawsuits may be different for children as opposed to adults; there may be other factors that can influence the case, which is why a consultation with a personal injury attorney is essential to securing a favorable outcome. If your child has been injured and you are wondering if you have a case, contact the personal injury attorneys at Eisenberg Law Offices in Madison, WI to arrange a free consultation. Contact Eisenberg Law Offices at 608-256-8356 or Info@eisenberglaw.org to arrange your consultation today.
This post was first published at https://www.eisenberglaw.org/personal-injury-case-for-an-injured-child/

Wisconsin Bond Conditions And Criminal Charges

Bond and Bail as They Relate to Criminal Charges in Wisconsin

Bond and bail are two terms related to criminal charges that are used almost interchangeably in Wisconsin. However, they are two separate and distinct issues, though it is possible for the accused to be assigned both bond and bail.
Bail and bond are used to:

1. Ensure the defendant appears in court,
2. Protect others from harm brought by the defendant, and
3. Prevent witness intimidation.

Bail
Bail or "cash bail" is a term that refers to an amount of money that must be paid in order to be released from jail until the accused is required to appear in court. A judge sets the bail amount, which is only used if the judge determines that the accused would be unlikely to report to court "of their own recognizance" or on their own honor. Judges must take into account the ability of the accused to afford the bail and should set it only "in the amount found necessary to assure the appearance of the defendant."
Bond
Bond refers to a set of conditions that must be met by the accused in order to retain their freedom while awaiting trial. Different cases have different conditions. For example, if you are charged with an OWI, you may be restricted from driving if you have consumed any alcohol at all or within a certain period of time before you get behind the wheel. Those facing domestic abuse charges may be restricted from contacting their accuser. If the Wisconsin bond conditions imposed are not met or are ever disregarded by the accused, he or she can find themselves back in jail until the trial date arrives or may even face new charges.

How a Judge Sets Bond and Bail

Judges take several factors into account when deciding whether or not to set bond and/or bail. The first question they will consider is, "How likely is it that the defendant will appear for trial?" To determine the likelihood of the defendant's appearance, judges will consider:

• Where the defendant lives and his/her ties to the community.
• The defendant's history and whether or not there is a history of missed court appearances.
• The severity of the criminal charges against the defendant.

As an example, a defendant who lives locally, owns a home in the community, has children in the local schools, and a job in the area is far less likely to flee the charges than one who lives out of state. The defendant who lives locally may be released without cash bail, whereas the one who lives in another state may have to post cash bail.   
A judge will also consider the defendant's criminal background and whether or not he or she has missed court dates in the past. A defendant who has faced criminal charges in the past and missed court dates is more likely to be required to post cash bail than one who has not faced charges before or one who has faced charges but adhered to their court dates.
A judge will also consider the type and severity of the criminal charges levied. More serious charges or those that threaten another person will likely lead to bond and/or cash bail requirements. The logic is that the more serious the charge, the more likely the defendant will flee.

Criminal Defense Attorneys Can Help Reduce Wisconsin Bond Conditions and Bail Amounts

One of the most common reasons defendants first contact the Eisenberg Law Offices criminal defense attorneys is because they cannot meet the bail or bond requirements set against them. This is absolutely the correct action to take. A criminal defense attorney can file a bond modification motion which asks the court to reduce the bail amount. There is no guarantee that the amount will be reduced, but a skilled attorney will be able to argue the facts of the case in your favor and give you a fighting chance. It is possible that the judge will review the case, change his/her mind and reduce the bail amount or even remove it entirely.
Similarly, if Wisconsin bond conditions are proving to be particularly problematic for the defendant, an Eisenberg Law attorney can use the bond modification motion to ask for a modification of the bond conditions. This can be especially helpful for defendants who are most at risk of being charged with additional crimes if they cannot adhere to their bond conditions.
Wisconsin bond conditions and bail amounts add complexity to criminal charges. Depending on the requirements set, they can be unattainable or incredibly cumbersome for some defendants. If you are facing criminal charges in Wisconsin and are struggling with the bond or bail requirements, contact Eisenberg Law Offices right away for help. When contacted before the initial court appearance, we can often help get bond and bail requirements reduced or eliminated.
Contact Eisenberg Law Offices at 608-256-8356 or email info@eisenberglaw.org to schedule a free consultation.

Truck Accident Liability Extends Beyond The Driver

How Truck Accident Liability May Not Be Due To A Negligent Truck Driver 

Trucking accidents are some of the most devastating of roadway accidents. Commercial trucks are much larger than passenger cars and trucks which often results in severe, life-threatening injuries to drivers and passengers of these smaller, more lightweight vehicles. Sometimes, the accident is the result of a negligent truck driver, but at other times, the truck driver is just as much a victim as those in the other vehicle.
Determining Liability
A trucking accident case starts with determining truck accident liability. There are many different parties who may have some responsibility for the accident, so a thorough investigation is necessary in almost every case. The process involves gathering evidence, interviewing witnesses, reviewing police reports and employment records to determine just who may have played a part in the accident.
Parties Who May Be Responsible For Truck Accident Liability
Circumstances in every truck accident differ, which is why it is so important to examine all of the facts surrounding the case and the situation that led to the accident. In some situations, it is possible for more than one party to be held liable for the accident. Those parties include:
A Negligent Truck Driver. A negligent truck driver may be found to be responsible for the accident – in total or in part. In general, truck driver liability involves reckless actions on the part of the driver, such as:

• Speeding
• Distracted driving
• Driving under the influence of drugs or alcohol
• Driving while fatigued
• Violating traffic laws
• Violating Federal Motor Carrier Safety Administration regulations

Truck Driver's Employer. The truck driver's employer can be found liable for the accident in two different ways. The first is through the principle of vicarious liability. This principle holds that an employee's negligence is passed on to the employer. The second way the employer could be held liable is if the employer's independent actions contributed to the accident. Those may include:

• Failure to conduct background check screening on the driver to ensure a safe driving record.
• Failure to properly train the driver.
• Failure to monitor the driver's actions.
• Failure to conduct routine drug testing.
• Requiring the driver to work hours that exceeded federal regulations.
• Failure to maintain the vehicle.

Product Manufacturer. In some cases, truck accident liability can be traced to a defect in the truck itself. In this situation, the truck manufacturer, or the manufacturer of the defective component, could be held liable. Defective components might include:

• Brakes
• Tires
• Steering columns
• Axles

Cargo Loaders. If a third party loads the truck and improper loading contributed to the accident, that third party loader could be responsible for the accident. Improper tie-downs and off-balance loads can both result in items moving around during transit. Trucks and trailers can be thrown off-balance, cargo may come loose and fall onto the road or hit other vehicles, causing an accident or property damage.
Maintenance Crew. If a third party conducts maintenance on the truck and maintenance was neglected, repairs ignored, or repairs made incorrectly and the accident happens because of a maintenance issue, the maintenance party could found liable for the accident.
Other Parties. Depending on the situation, there are several others who could be bear some fault for the accident. These include:

• Brokers
• Shippers
• Receivers
• Roadway maintenance departments

Consult A Truck Accident Lawyer For Help Obtaining Compensation
Those involved in a truck accident often have very serious injuries that require significant care and rehabilitation. Determining truck accident liability is crucial to securing adequate compensation to help victims pay for their recovery from the accident. The last thing you want to do in this situation is leave the case to chance and hope for the best. That will backfire on you and you are very unlikely to receive all of the compensation you are due.
The best approach is to consult an Eisenberg Law Offices personal injury attorney who is experienced in proving truck accident liability and advancing claims. We can help you determine liability and pursue the maximum amount of compensation for your injuries.
We offer free consultations to accident victims, which can be arranged by calling 608-256-8356 or emailing Info@eisenberglaw.org.

Do I Really Need a Lawyer if I Was Arrested for Something I Didn't Do?

Don’t take chances with your future, get the help of an experience criminal defense attorney

Being arrested for a crime you definitely did not commit is shocking and alarming -- yet there's a tendency for some to think there will be no problem getting the charges dropped. This overconfidence can extend to the judicial process, in which the accused decides a lawyer isn't necessary. Unfortunately, in Wisconsin, as in other states, it's possible to be convicted for a crime you actually didn't commit. Because this risk is real, you need to have a lawyer help you get the charges dropped or help you get acquitted.
Your vs. Their Perception
It's obvious to you that you didn't commit the crime; you weren't at the scene of the crime, you look different from the the person in police sketches or security video, or you have some other irrefutable proof that you're innocent. None of that matters if the court and jury don't listen. There could be several witnesses who mistakenly identify you because of your clothes or build. You could have committed a similar crime in the past, making you a more likely suspect in the eyes of law enforcement.
You can't get complacent. Even if you have absolute proof you couldn't have committed the crime, you need legal representation from lawyers who know how the court system works and who can seek out the type of proof that will work in court. This is especially true if you had answered any police questions before being arrested. You may have said something that could be used in court against you, in which case a lawyer is necessary to try to undo the damage.
Simply knowing you are innocent isn't enough. If you have been accused of or arrested for a crime you didn't commit, contact Eisenberg Law Offices at (608) 256-8356. Never assume you'll be able to clear up the situation yourself as you could make things worse.
This post was originally published at https://www.eisenberglaw.org/do-i-really-need-a-lawyer-if-i-was-arrested-for-something-i-didnt-do

How to Work With Your Insurance Company After a Car Accident

Steps to take with your insurance company after a car accident

It's normal to feel flustered after a car accident, and it's wonderful when your insurance company steps up and helps you. But it's unfortunately all too common for an insurance company to be uncooperative or for the process to seem so overwhelming that you don't know where to start. Here's how to deal with the post-accident process.
1. Get Everyone's Information and Call Appropriate Authorities
If someone's been hurt, you need to call paramedics right away. You should also always call the police to report the accident even if no one has been hurt; a police report can help your case when you seek full reimbursement from an insurance company.
Trade information with the other parties involved: your insurance company information, contact information, driver's license numbers, vehicle information, license plate numbers, location information, and police information. Take pictures of the scene and vehicles if you can.
2. Call Your Insurance Agent
Once you've gotten everyone's information, call your insurance agent. Try to talk to the actual agent instead of a general customer service line for the insurance company. Your agent will tell you who else you need to call.
3. Keep Records of Everything
While your insurance agent should be the one to contact the other party's insurance company, you should still keep copies of everything. Keep a log of calls you make, even quick ones to repair shops to ask about repairs.
4. Review Your Policy and Arrange for a Rental Car
Assuming any injuries are not severe enough to prevent you from driving, you'll need a rental car. Review your policy to see what's covered and what the reimbursement schedule is like. If you don't have specific rental car coverage, ask your agent what your options are.
After that, you'll have the car repaired and continue with any medical treatment you need. If the insurance company that is supposed to pay for this does not want to reimburse you for the full cost, contact a lawyer at Eisenberg Law Offices at (608) 256-8356 to speak with an attorney.
This post was originally published at https://www.eisenberglaw.org/how-to-work-with-your-insurance-company-after-a-car-accident

Defending Wisconsin Sexual Assault Charges

Accusations and charges of sexual assault come more frequently than they used to, in part because the stigma victims once faced has lessened. While this represents a positive development in many ways, it sometimes creates assumptions that the accused is always, automatically guilty. If you are facing accusations of sexual assault, you still have the right to a strong legal defense.
Criminal Sexual Assault Penalties
Wisconsin law establishes different degrees of sexual assault and different penalties for them. The level of the charge depends not as much on your actions as the result. First degree sexual assault, for example, is reserved for nonconsensual sexual contact or intercourse that results in either pregnancy or great bodily harm; it is punishable by up to 60 years in prison. Second degree sexual assault is that which results in moderate injury, illness, or mental harm, and comes with up to a $100,000 fine and up to 40 years in prison. Third and fourth degree sexual assault result in lower fines and sentences.
Consent as a Defense
The penalties for sexual assault differ, but every degree of the charge begins with nonconsensual sexual contact or intercourse. This can include situations with someone who did not consent, or with someone under 16 who cannot legally consent to the contact or intercourse.
Whether someone consented is considered a question of fact. If the person accusing you did not say no, proving whether the contact was consensual may be complicated. Even in these times, you have a right to a defense that the other person provided implicit or explicit consent for what happened.
You Need Experienced Counsel
Cases involving alleged sexual assault bring more than prison time and fines. Convictions usually result in a lifetime of registering as a sex offender. Your reputation may never recover once you are charged and convicted. If you have been charged, you need to work with an attorney who understands what is at stake and how to defend you. In Madison, contact Eisenberg Law Offices online or at 608-256-8356. We will work with you and give you the experienced representation you need.
This post was originally published at https://www.eisenberglaw.org/defending-wisconsin-sexual-assault-charges