Eisenberg Law Offices | Law Firms in Madison WI

Eisenberg Law Offices | Law Firms in Madison WI

Tuesday, October 24, 2017

Personal Injury Lawsuit Independent Medical Exam Tips

When A Personal Injury Lawsuit Requires An Independent Medical Examination (IME)

If you are involved with in a personal injury lawsuit you might be asked to take part in an Independent Medical Exam or IME. This examination is undertaken by a physician hired by the defendants to learn more about the nature and extent of your injuries. If you are approached for such an exam, here are a few things to keep in mind.
3 Tips When Participating In An Independent Medical Exam
  1. Be Honest. It is not uncommon for victims to feel defensive when questioned about their injuries, especially when the one doing the questioning is working for the one who is responsible for those injuries. There can be a tendency to exaggerate the injuries or hide details that you think might work against you, but this is a bad idea since it can make you appear untrustworthy or deceitful. The best course of action is to always be completely honest about your injuries, symptoms, and your medical history.
  2. Be Polite And Considerate. Along with being honest is being polite. Your cooperation and assistance throughout the process not only makes thing go more smoothly, but also provides a good impression. Arrive on time, be courteous to the doctor and staff, and complete all the paperwork and requirements they ask of you.
  3. Be Precise. Providing precise explanations of your injuries and pain will make diagnosing and evaluating the injury easier and more accurate. Don't exaggerate, but do provide details and discuss your injuries in a manner that the doctor can clearly understand.

Protect Yourself In A Personal Injury Lawsuit With Help From An Eisenberg Law Personal Injury Attorney

One of the first things you should do if you have suffered an injury due to another person or entity's negligence is to contact a personal injury attorney, especially if you are asked to participate in an independent medical exam. Your attorney can help ensure your rights are protected and you aren't being asked to participate in unnecessary tests or exams.
The attorneys at Madison's Eisenberg Law Offices have over 30 years of experience representing victims in personal injury cases. We offer free consultations and work with clients in Illinois and Wisconsin.
Contact our firm at 608-256-8356 or email us at Info@EisenbergLaw.org to arrange your free consultation.
This post was originally published at https://www.eisenberglaw.org/personal-injury-lawsuit-independent-medical-exam-tips/.

Monday, October 16, 2017

What Not to Do After a Car Wreck

Know what not to do if you're in a car accident

The moment a car accident happens is an unpleasant jolt for everyone involved. It often results in people doing or saying things they shouldn't as they try to maintain a sense of calm while dealing with what could be a horrible situation. If you have been in a car accident, it helps to know what you should not do in case your role in the accident is questioned.
Don't Leave the Scene
Wisconsin requires those involved in an accident to stay at the scene, or at least as close to it as is safe. If the accident occurred in the middle of a freeway, for example, you and everyone else involved must move out of the way of traffic. But you should not leave until either police have given you permission, or (if it were a minor accident that didn't require police intervention) all appropriate information has been exchanged between drivers.
Don't Admit Fault or Say You're Totally Fine
Even if the accident looks like it is obviously your fault, don't say so. Keep what you say to very basic responses. Admitting fault to others involved may adversely affect how subsequent lawsuits turn out.
If you were the one hit and not at fault, be careful about stating you're fine. You can refuse treatment if you prefer, but if you say you're fine, you might reduce your chances of getting medical coverage or reimbursement if problems crop up later. It is very common for the adrenaline rush of the accident to mask injury. You might feel fine then, but the next morning you might notice aches becoming worse.
If you've suffered a personal injury Madison attorneys want to help you. Contact a car accident attorney at Eisenberg Law Offices to discuss your case.
This post was originally published at https://www.eisenberglaw.org/not-car-wreck/

Possession of Child Pornography in Madison WI

Contact a Criminal Defense Attorney if you're charged with possession of Child Pornography

Wisconsin has strict laws regarding the possession of child pornography that can entangle those accused in a difficult situation. It is crucial that anyone charged with possession of child pornography seek legal counsel immediately.
Few Outs
Wisconsin requires that the person charged knowingly possess the pornography. Possession includes physical possession, like having actual photographs, and it also includes more transitory states like viewing the pornography online. But the access and possession must be known.
So, if someone steals your WiFi and leaves cookies from unsavory sites on your ISP's records, that would not necessarily mean you'd be charged if you could prove you didn't know. However, if you did know -- maybe a houseguest accessed the sites and you did nothing to stop him or her because you were unsure what to do -- that would complicate matters.
The law is not very forgiving at all. For example, in 2016 Wisconsin authorities charged a 17-year-old teen with possession of child pornography because he had explicit photos and a video of his 15-year-old girlfriend on his phone. His girlfriend had sent them to him and knew about the video, and her parents were also supportive of the relationship and knew what was going on. Yet the mere presence of the material and the fact that he knowingly had it placed him squarely in the crosshairs of Wisconsin law.
What's worse is that Wisconsin allows 17-year-olds to be charged as adults, so this teen may face much more severe sentencing. But even if the teen were not charged as an adult, he could face serious penalties. Possession of child pornography is considered a felony no matter the age of the accused.
If you have been accused of possessing child pornography in Wisconsin, contact Eisenberg Law Offices immediately. You need sound legal representation as your case proceeds.
This post was originally published at https://www.eisenberglaw.org/possession-child-pornography-madison-wi/

Monday, October 2, 2017

Solicitation by Attorneys

Before responding to solicitation by attorneys, do your homework

If you have ever been sued, arrested, hospitalized, or been in a traffic accident, you know one thing you can depend on: hearing from lawyers. Almost as soon as you get home the next day, the calls and the postcards start to arrive. It is almost as though they sense something has happened to you, and swoop in eagerly for their chance to cash in on what happened to you. Before you respond, though, take some time to evaluate the lawyers and firms who are contacting you. You will often find that they will not give you the representation you need.  Here is some advice from a Madison Law Firm:
Who Is It?
Many of the lawyers looking to solicit your business may not operate anywhere near you. If you get into an accident in Madison, Wisconsin, a law firm in Minneapolis will not know the courts or the area as well as an experienced, local firm can. National firms will brag about their success stories, but you don't need someone who has won cases across the country. You need someone to help you win your case here.
Similarly, many new attorneys look to garner business and experience through this kind of blast mail. They lack the experience to get word of mouth business, so they monitor police and court records to find as many potential clients as possible. You can become someone else's practice case as they try to improve their court skills.
What to Look For
When you decide on a lawyer or firm to represent you, you need to know that your attorney will have experience in your kind of case, in the location you need. Every court has rules specific to the court and even the judges there. Experienced counsel in Madison will always have an advantage in those courts over someone coming from the outside. Similarly, you should look for experience in the area of law you need. Eisenberg Law Offices has over thirty years of experience representing clients in personal injury and criminal defense. Look past the mailings and solicitations, and count on us to give you the representation you deserve.
This post was originally published at https://www.eisenberglaw.org/solicitation-by-attorneys/.

Is Diabetes a DUI Defense in Wisconsin?

Charged with a DUI in Wisconsin? A diabetic episode might provide a defense

Police officers in Wisconsin are always on the lookout for potential drunk drivers. While this approach comes in an attempt to protect people from dangerous drivers, at times it can lead to arrests that connect to something other than actual intoxicated driving. If you have diabetes, or even have a hypoglycemic episode without having been diagnosed, this can provide a defense to a DUI or OWI charge in Wisconsin.
Understanding the Symptoms
Hypoglycemia creates a number of symptoms that, to an arresting police officer, can raise suspicion of intoxication, including the following:
  • anxiety
  • heart palpitations
  • sweatiness
  • shaking
  • dizziness or confusion
  • irritability
  • blurred vision
  • slurred speech
  • loss of coordination
All of these mirror to some extent the symptoms of alcohol impairment. If a police officer conducts a field sobriety test and identifies these symptoms, he or she may well choose to arrest you without conducting a breathalyzer or blood test. When this happens, you should cooperate fully, but let the officer know if you are diabetic.
Challenging the Arrest
It is possible, even likely, that your hypoglycemia caused you to drive erratically, or at least to make a move on the road that led to your being pulled over. But while driving under the influence of alcohol or drugs is illegal, driving while diabetic is not. When your medical condition caused you to swerve or otherwise act in a way that led to your being pulled over, a DUI arrest is not proper.
When something like this happens, you may not have been diagnosed as a diabetic. Many suffer undiagnosed. In addition, other health conditions can trigger hypoglycemic episodes that create these symptoms. You should see a medical professional as soon as possible to get a proper diagnosis.
If you do suffer from hypoglycemia, this can serve as a powerful defense against your DUI or OWI charges. You can contact Eisenberg Law Offices in Madison, Wisconsin to discuss your conditions and your options. These charges can impact your life for years; you want a solid defense strategy to help protect your rights and your good name.
This post was originally published at https://www.eisenberglaw.org/diabetes-dui-defense-wisconsin/.

How Much Does It Cost To Hire A Defense Attorney In Madison WI?

Consider more than just cost when hiring a defense attorney in Madison WI

When you seek legal representation for your defense, unless you are independently wealthy, the cost of the service probably matters to you. But finding that cost will depend on not only the lawyers' hourly rates; the time required and the steps taken in your defense all are important factors. In the end, you have to weigh not only the billing rates, but also the quality of representation and what you stand to lose.
Understanding Billing Rates
If all you worry about is how much you pay for each hour of your attorney's time, it should be relatively easy to determine. You would just shop around, gather billing rates, and pick the lowest one.
In reality, the hourly rate tells you little about the final defense costs. An experienced attorney can often directly pull current research that a newer attorney would need hours to gather. He or she will understand your case, as well as the court system and opposing attorney. All of this can save hundreds or even thousands of dollars in defense costs.
The Value of Experience
Beyond pricing, you also must take time to consider what your case is worth to you. In a civil case, you may have a large loss that looms if you do not prevail in court. Before you elect a less expensive but less qualified attorney, you need to look at what you stand to lose.
In a criminal case, the situation can be more dire. A less experienced attorney operates as a liability against a career prosecutor. You want someone who understands your defense prospects. Losing months or years off of your life, to say nothing of losing your good name in the community, matters and should weigh in to your decision.
In Madison, Wisconsin, you have many options for legal representation. You should meet with the experienced attorneys at Eisenberg Law Offices. We will discuss in a free initial consultation your costs and options, as well as your exposure should you lose your case. Take the time to make the right choice for your defense.
This post was originally published at https://www.eisenberglaw.org/much-cost-hire-defense-attorney-madison-wi/.

Positive Trends Declining with Upsurge in Auto Injuries

Increase in Car Accident Injuries a Disturbing Trend

Automobile safety has come a long way since the 1970s. A combination of vehicle safety regulations, a focus on reducing drinking and driving, and a general focus on enforcing traffic laws has made driving a much less dangerous activity than it once was.  Unfortunately, the last two years have started to show a reverse in the decline, with traffic fatalities increasing each of the last two years. Driving has become more deadly, both in the nation at large and specifically in Wisconsin.
Increasing Death Toll
In 2014, the total number of fatal car crashes in Wisconsin was 494, part of a largely steady decline up to that point. But in 2015, that number jumped to 555, and in 2016 continued its increase, rising to 588.  And in 2017, the total through July was 342, up 6 deaths from the same time period in 2016. This reversal over the last three years is startling; vehicle safety features are not going away, but the steady increase in deaths is impossible to ignore.
Reasons for the Change
We can speculate on the reasons for the changes. Wisconsin's speed limit was increased to 70 miles per hour in 2015, the year trends began shifting in the wrong direction. Still, the death toll that year was rising before the change was implemented. Other factors include more drivers on the road, more time driving, and distracted driving with increased cell phone usage. Authorities estimate that about 90% of the deaths are caused at least in part by poor decision making.
Unfortunately, this means that other drivers' habits on the road can put you in danger. You can avoid some problems by driving safely and attentively, and practicing defensive driving techniques. But if you or a loved one is injured or killed due to someone else's reckless driving, you will need experienced representation. Eisenberg Law Offices has the experience and expertise you can rely on in the Madison, Wisconsin area.
This post was originally published at https://www.eisenberglaw.org/positive-trends-declining-upsurge-auto-injuries/