Fault in an accident has a greater effect on personal injury insurance payouts and court awards, depending on the state in which the accident happened. States deal with fault in two ways; one is the fault/no-fault insurance divide, and the other involves comparative negligence. Wisconsin is not a no-fault state, but a state that compares the negligence of the parties.
The Fault/No-Fault Insurance Model
States follow either a fault or a no-fault insurance model. No-fault insurance is also...
Why Do You Need a Personal Injury Lawyer?
Written by Steve Eisenberg on . Posted in Blog, Personal Injury.
A personal injury lawsuit requires many hours of work and usually at least a little travel to see the site of the accident. It is not an endeavor that you can handle on your own when you’re recovering from injuries sustained during the accident. A personal injury lawyer can take over the duties of gathering evidence, looking for legal precedents, handling settlements, and more.
A personal injury lawyer will handle any type of case that involves an injury to a person that occurred due...
Can Police Search Your Cell Phone | Search and Seizure
Written by Mark Eisenberg on . Posted in Blog, Criminal Defense.
Is it Legal For Police to Search Your Cell Phone?
Cell phones contain all the details of our lives in text, images, account numbers, and more. You should always be wary of a police search of your cell phone. As an item of personal property, cell phones are protected by the Fourth Amendment to the U.S. Constitution, but that does not mean cell phones can never be searched. In some cases, it is perfectly legal for police to search your cell phone.
Fourth Amendment Protections
The Fourth...
Reasonable Person Standard | Personal Injury Claim
Written by Steve Eisenberg on . Posted in Blog, Personal Injury.
Applying the Reasonable Person Standard in a Personal Injury Claim
A personal injury claim often hinges on whether or not the plaintiff’s legal team can demonstrate that the plaintiff was harmed due to the actions of the defendant. Part of that process often means proving that the defendant did not act as a person in the same or similar circumstances would be expected to act. To help prove this point, attorneys rely on the reasonable person standard.
This standard establishes a basis...
Is Possessing Drug Paraphernalia a Crime in Wisconsin?
Written by Mark Eisenberg on . Posted in Blog, Criminal Defense.
Can I be arrested for drug paraphernalia in Wisconsin?
You might think merely possessing drug paraphernalia like a pipe or decorative bong would be legal as long as you weren’t using it or selling it, but that’s not always the case. Both Wisconsin and federal law have strict statutes against possession of drug paraphernalia with the intent to use, but because your real intent might not always be clear, you could find yourself in trouble.
Intent to Use
The real question regarding...