Child Pornography charges dropped against Wisconsin man

In February, 2016, Kim M. Zion, of Eisenberg Law Offices, S.C., represented a Chippewa Falls Wisconsin man who was charged in federal court with three felony counts of possessing, distributing and receiving child pornography.  Attorney Zion filed a motion to quash the two search warrants issued in the case and to suppress all evidence derived from the execution of the warrants arguing that there was no probable cause on which to base the warrants.  The United States District Court for the Western District of Wisconsin agreed with Attorney Zion and found that the warrant to search the Defendant’s home was plainly not supported by probable cause and that the affidavits in support of the search warrants so utterly failed to provide probable cause on which to base the warrants that the good faith doctrine did not apply.  The Court granted Attorney Zion’s motion and all child pornography charges against the Wisconsin man were dismissed.

Scars and Disfigurements – When Injuries Leave Lasting Marks

If you or a loved one have experienced scars or disfigurement due to the negligence of another, contact the personal injury lawyers Madison trusts! Many injuries, such as broken bones and soft tissue injuries, will heal in time and leave nothing more than a memory of a painful encounter. Some injuries, however, leave permanent marks in the form of scars and disfigurements. These residual effects of injuries are emotionally upsetting and can even impact relationships, one’s occupational outlook, and self-esteem. Scars may result from:

• Dog bites
• Burns
• Automobile accidents
• Assaults
• Construction accidents

Some scars are especially upsetting. Consider, for example, a dog biting the face of a young girl. The girl may require a number of stitches and a round of antibiotics to address her injuries, and she will likely be left with noticeable scarring on her face. As she grows, she will probably feel self-conscious of her scars and they may affect her self-esteem. Further, she may feel like she can no longer pursue certain careers because of her scars.
In another case, a man may have lost a portion of his arm due to a construction accident. He may have considerable scarring that limits his range of motion. In this case, he is both emotionally and physically affected by the scar. Both of these cases demonstrate just how damaging scars can be.
Cosmetic surgery may be necessary to help minimize scars and disfigurement. These surgeries are often extensive and painful, and may result in additional time away from work. Surgeries can minimize scars, but no treatment is 100 percent effective. Our Madison personal injury lawyers will help you get the treatment you need to maximize healing and scar improvement.
Scarring injuries may result in severe emotional trauma and turmoil. The injured person may require psychological counseling and professional help as they deal with their altered appearance. As their physical injuries fade, their emotional pain may worsen. We believe that the pain and suffering that individuals with scars face is particularly severe. That is why we work so hard to achieve ultimate compensation in these cases. If you have scars from an injury, contact the personal injury lawyer Madison, WI residents call upon again and again at the Eisenberg Law Firm.

Major Back and Neck Injuries in Minor Accidents

You can’t always judge the degree of injury based on the severity of the car accident. When you have been injured, it pays to call upon our Madison personal injury lawyers right away. We have all seen cars that are crushed and heard stories of the driver walking away with only minor cuts and bruises. Just as major crashes sometimes cause only minor injuries, on occasion minor collisions result in major injuries. In an accident, the body experiences a jarring force from the impact. Sometimes, even in relatively minor accidents the force occurs in such a way that it causes a severe injury. These injuries often involve a hyperextension of the neck or back.
These injuries can damage the discs in the neck and back, causing herniation or a slipped disc. Other times, the discs themselves can be damaged and, in turn, place pressure on the nerves. Some individuals, especially the elderly, may experience compression fractures of the spine even in low-impact crashes. These painful injuries may require treatment and, in some cases, can result in lifelong pain and disability.
Some symptoms of these injuries include:

• Neck or back pain
• Restricted range of motion (for example, turning the head all the way to the side, or bending over completely)
• Numbness or tingling in the extremities
• Pain may be constant, come and go inconsistently, or occur with movement

It is not unusual to experience some degree of back or neck pain after an accident. Without an examination, it is impossible to determine if the pain is due to soft tissue injuries that will heal in time or more severe disc or spinal cord injuries that may require surgery or other treatment. That is why it is important to be examined by a medical professional after a car accident, no matter how small.
If you did not seek medical treatment after the accident, or you were told your injuries would heal on their own but you are still experiencing pain, it is important to contact a Madison personal injury attorney right away. We can work with you to ensure that you receive appropriate care and help to get you the compensation that you deserve for your injuries.
Insurance adjusters may be reluctant to award compensation for major injuries in minor collisions. They may question if your injuries were caused by the accident or suggest that you may be exaggerating your pain or disability. That’s why it is important to have an experienced Madison personal injury lawyer on your side. We will represent you and help you get a fair settlement for your injuries.
Remember- no one should have to suffer due to the negligence of another. We will pursue your case vigorously so that you can focus on healing. Contact the Eisenberg Law Firm today either online or at 608-256-8356 for a free consultation.

What is a Parenting Plan and Why is it Important?

Wisconsin requires that divorcing parents complete a parenting plan to determine custody and placement.  The parenting plan can be extremely specific or rather general, based upon the needs of the parents. It details the duties and responsibilities of each parent and can prevent misunderstandings.
A parenting plan should fully address the arrangements for the children, including custody, placement, and expenses. It covers:

• Days and times for placement, including summer, holidays, and other special days
• Pick up and drop off arrangements
• Arrangements for medical appointments
• Responsibility for the children's variable expenses
• Childcare responsibilities and expenses
• Education and schooling arrangements
• Prohibitions
• Medical care
• Religious upbringing
• Communication the child will have with the other parent
• Anything else you feel must be addressed

One goal of a parenting plan is to create a smooth transition for the child and to avoid further disagreements in the future. In fact, the plan may address how future disagreements are to be handled, for example, through mediation.
In some cases, either with or without the help of a mediator, parents are able to agree upon a parenting plan. Generally, if both parents agree and submit the parenting plan to the court, it will be accepted. If, however, the parents cannot agree on a parenting plan, each parent can write their own plan and submit it to the court. If either party does not submit a plan within a timely manner, they waive their rights and the other plan may go into effect.
Having an experienced Madison attorney on your side can be an excellent asset as you draft a parenting plan. As family law attorneys, we understand the issues that typically arise and can help ensure that your plan provides precision and clarity. This will help prevent future problems and misunderstandings that may arise. Although it may seem unnecessary to complete the parenting plan in great detail if you and the other parent get along reasonably well, it is important to recognize that you do not know what the future may bring and to plan accordingly.
Contact our Madison law firm online or by phone at 608-256-8356 today!

Rape Victim Civil Suit | Madison Attorneys

Can a rape victim file a civil suit for monetary damages? Madison attorneys have answers to this complicated question.

In Madison, attorneys will occasionally get this question. The short answer is yes. The reality is that it's not quite that simple. The first thing to understand is that a civil suit for money damages in a rape case is completely separate from any criminal charges that may be filed against the alleged rapist. Civil suits have much shorter statutes of limitations than criminal cases. A district attorney may be able to file criminal charges 10 years after the crime, but a victim has a much shorter time in which to file a civil suit. The specific amount of time varies from state to state based upon the specifics of the claim. Victims who were minors at the time of the rape are allowed extra time in most states to file a suit after they become adults. Further, most, if not all, insurance policies do not cover damages to third parties caused by an intentional act or rape.  Usually, the only pocket from which money can be obtained is from the rapist himself.

Civil Claims Of Intentional Torts

Rape is a criminal charge. When a rape victim files suit, he or she will actually be making a claim of Intentional Tort: A claim that the alleged rapist intentionally wronged the victim. There are four intentional tort claims which are most commonly made by rape victims:

• Battery Or Specifically Sexual Battery – Claims that the alleged rapist intentionally caused non-consensual contact with the victim.

• False Imprisonment – Claims that the victim was held against his or her will by the alleged rapist.

• Intentional Infliction Of Emotional Distress – Claims that the alleged rapist engaged in outrageous and extreme conduct, causing the victim either (or both) severe emotional distress or bodily harm.

• Punitive Damages – A claim for money to punish the offender for what he did.

The victim may file a claim for each and every one of these torts that apply, and may be awarded damages for each one the court finds has merit. The amount of damages depends on a number of factors, including the specifics of the case and the applicable laws regarding damages in the jurisdiction where the suit is filed. The victim may also be able to sue a hotel or other business for failing to provide a safe environment if the sexual assault occurs there.
Get Help Making Your Claim
If you are the victim of rape and you would like to file a suit for monetary damages against your attacker, Madison attorneys at Eisenberg Law Offices are here to help you. Call us today at 608-256-8356 for a free consultation on the specifics of your case.

Accident Attorneys | Liability In Uber Or Lyft Crash

If You Are Injured In An Uber Or Lyft Crash, Who Is Liable? Accident Attorneys Can Help

With ride-sharing services like Uber and Lyft gaining popularity, more and more people are left asking who is liable when they are injured in a ride-share accident. Accident attorneys can help injured passengers claim compensation for their damages. In part, the answer depends upon whether you were a passenger in the ride-share vehicle, or you were hit by that vehicle.
If You Were A Passenger
In most cases, passengers who sustain personal injury in a ride-share vehicle like Lyft or Uber will be covered under a commercial liability policy held by the company. Many states require the ride-sharing companies to carry these policies, specifically to protect passengers who may be injured. Even in some cases where the company does not have this coverage, the driver's car insurance may be responsible for liability coverage, although in that case, the driver's policy limits may be too low to effectively compensate you for your injuries.
If You Were Hit By A Ride Share Vehicle
If you were hit by a ride-share vehicle, as a pedestrian or in your own car or on your bicycle, things are a bit less clearly defined. Ride-share drivers are covered by their company's liability policies only when they are working for that company. If the driver has a paid passenger in the car at the time of the accident, that makes things simpler, but what if he was on the way to or from picking up a passenger? The short answer is that you, the injured party, needs an experienced lawyer to obtain the compensation you deserve.
Accident Attorneys Are Experienced in Defending Your Rights
Ride-share services may be relatively new, but defending the rights of accident victims against insurance companies who want to deny responsibility is nothing new to accident attorneys. If you have been injured in an accident involving a ride-share vehicle like Uber or Lyft, call Eisenberg Law Offices at 608-256-8356 immediately for a free consultation.