Eisenberg Law Offices | Law Firms in Madison WI

Eisenberg Law Offices | Law Firms in Madison WI

Monday, November 20, 2017

Traumatic Brain Injury Signs And Recovery

Recovering From A Traumatic Brain Injury (TBI)

A concussion is more than just a bump to the noggin.  It is actually a specific type of traumatic brain injury, typically caused by a bump, blow, or jolt to the head. These types of injuries can occur anytime the head and brain are forced to move in a quick back-and-forth motion. Because concussions are rarely fatal, they are often written off by doctors as a "mild" brain injury, but research has shown that the effects can be significant and quite devastating.
A concussion can present itself in a number of ways. Sometimes, symptoms show up immediately.  At other times, they are delayed and may present themselves days, weeks, or months after the incident occurred. Some symptoms are subtle, others are quite noticeable. Symptoms vary from case to case, but typically fall into at least one of the following four categories:
  • Thinking & Processing: Symptoms include trouble thinking clearly, lack of concentration, mental "fog", trouble remembering, and an overall feeling of mental slowness or lethargy.
  • Physical: Physical symptoms include headaches, nausea and/or vomiting, dizziness, balance problems, blurry vision, fatigue or lack of energy, and sensitivity to bright lights or noise.
  • Emotional: These symptoms can manifest as sadness or depression, irritability and moodiness, nervousness and anxiety, or experiencing emotional extremes. In severe cases of traumatic brain injury, there can be changes in personality.
  • Sleep-Related: People who have concussion symptoms may sleep more or less than usual and/or have difficulty falling asleep.
Danger Signs
The vast majority of people who suffer a concussion make a full recovery, but these injuries still require medical attention. Head injuries can cause blood clots to form on the brain, which can lead to a host of other, more serious, problems. Signs that warrant medical attention, include:
  • Numbness, noticeable weakness, or decreased coordination
  • Headache that becomes worse and does not subside
  • Repeated vomiting or prolonged nausea
  • Slurred speech
  • Cannot be woken up from sleep or appears very drowsy
  • Cannot recognize people or places
  • One pupil is larger than the other
  • Convulsions or seizures
  • Increasingly more confused, restless or irritated
  • Unusual behavior
  • Loss of consciousness
Infants and children may exhibit other signs and behaviors such as an unwillingness to nurse or eat and inconsolable crying.
Recovery from a brain injury of any kind takes time. It often depends on the severity of the injury and the person's age and overall health. Rest and lack of stimulation are the best ways to promote recovery since it allows the brain a chance to heal. Avoiding activities that can cause or aggravate the concussion is another recovery strategy.
Recovery involves more than just physical recovery. There are strong emotions associated with such injuries and there may be financial demands that put added stress on recovery. People who have suffered a traumatic brain injury because of someone else's negligence may be entitled to compensation for the damages they have sustained. This compensation can help a victim recover financially and help reduce the mental stress associated with being off of work and having mounting medical bills.
The personal injury attorneys at Madison's Eisenberg Law Offices help brain injury victims navigate the legal process to secure compensation that can help them recovery from their injuries. If you or someone you love has suffered a brain injury, contact our firm for a free case evaluation. Call 608-256-8356 or email Info@EisenbergLaw.org.
This post was originally published at https://www.eisenberglaw.org/firm-overview/articles/traumatic-brain-injury-signs-recovery/.

Drug Charges And Positive Test Results | WI Criminal Defense

It Is Possible To Challenge Drug Charges And Positive Test Results

It is easy to lose hope when facing drug charges based on positive test results, but a favorable outcome is possible with help from a skilled criminal defense attorney. The key lies in having patience, persistence, and the legal know-how to present your best case.
Legal Advice Is Critical To A Successful Outcome
Drug charges in Wisconsin can range from misdemeanors to felonies, but even in seemingly impossible situations, it is possible to find hope for a successful outcome. An experienced defense attorney will be able to provide many benefits to your case including:
  • Advice
  • Analysis
  • Legal Expertise
  • Access to Expert Witnesses
  • Evidence Collection
  • Negotiation Skills
Defending Against Positive Test Results
Some of the most damaging evidence in DUIs, OWIs, or when facing drug charges are positive drug test results. Law enforcement officers may conduct DUI testing on the spot. Home or vehicle searches may lead to the discovery of drug paraphernalia, which can then lead to drug testing. If the results are positive, you may feel your hopes diminish, even if you know you didn’t take any drugs.
There are defense strategies to counter these types of results.
  • Challenge The Results: False positive results can and do happen. If your results come back positive and you know for a fact that there were no illegal drugs in your system, ask your lawyer to hire an expert to analyze the evidence. It's possible the test results were impacted by something completely innocent like medications or medical procedures. Getting rid of damaging evidence will go a long way towards protecting you.
  • Persistence: Court cases can be long and difficult battles. It is imperative that you have an attorney representing you who believes in you and is willing to fight for your rights despite obstacles and long timeframes. It is equally as important for the defendant to commit to the long haul and trust in their attorney to advocate for them.
  • Negotiation Skills: It's rare for a case to not involve negotiations. A skilled negotiator can mean the difference between a prison sentence and a lesser penalty. Your attorney can argue against circumstantial evidence, ask for leniency based on a clean record, question police procedures, and argue many other legal points to secure your best outcome.
  • Experience: There is no substitute for experience. Defense attorneys who are familiar with the Wisconsin legal system and the specific charges you face have a higher chance of obtaining a desirable outcome. Seek out an attorney who has worked on cases similar to yours and understands the nuances of the law as it relates to drugs, drug tests, and/or test results.
Don't Let Test Results Get You Down
Do not be discouraged after receiving positive test results in an OWI or drug case. With help from an experienced attorney it is possible to secure a favorable outcome.
The criminal defense attorneys at Eisenberg Law Offices will work hard to achieve the best possible outcome for you. We have successfully defended clients against drunk driving and related charges for over 30 years, helping them achieve better and brighter futures.
Contact our team at 608-256-8356 or Info@EisenbergLaw.org to arrange a free consultation.
This post was originally published at https://www.eisenberglaw.org/firm-overview/articles/drug-charges-positive-test-results-wi-criminal-defense/.

Wire Fraud Charges | Wire Fraud Defense | Eisenberg Law

Facing Wire Fraud Charges In Wisconsin? Here's What You Need To Know

Wire fraud is considered a white collar crime. It is categorized with similar non-violent crimes that involve money such as theft, embezzlement, and counterfeiting, among others. Wire fraud is also a federal offense, so fines and penalties are severe.

Defining Wire Fraud

Wire fraud is similar to other types of fraud like bank fraud or check fraud; all are intended to defraud other people of money. The difference is wire fraud is committed using interstate wires or communication lines and devices like landline phones, cell phones, and computers. Wire fraud includes scams like telemarketing fraud, phishing, malware, or spam related schemes.

Elements Of Wire Fraud

You may find yourself facing wire fraud charges if:
  • You created or participated in a scheme to defraud another person(s) out of money
  • You did so with the intent to defraud/did so voluntarily
  • You used interstate wire communications to commit the act
You can be charged with wire fraud even if the transaction fails. Just the attempt to defraud another person can lead to charges.

Defense Against Wire Fraud Charges Is Possible

It is possible to mount a strong defense against the charges with an experienced criminal defense attorney by your side.
In order to be convicted, the prosecution must prove several things such as:
  • You acted with intent to defraud others of money, property, or other valuables
  • You were a voluntary and knowledgeable participant in the scheme
Proving these things can be difficult and provides an opportunity for your Wisconsin criminal defense attorney to argue points and present evidence in your favor.

Fight Allegations Of Wire Fraud With Eisenberg Law At Your Side

The risks are very high when it comes to federal crimes. If you are charged with wire fraud you need legal representation from an attorney who has experience in fraud and criminal cases. Contact the fraud defense attorneys at Eisenberg Law Offices for a free case assessment at 608-256-8356 or at Info@EisenbergLaw.org.
This post was originally published at https://www.eisenberglaw.org/wire-fraud-charges-wire-fraud-defense-eisenberg-law/.

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/