Can You Get Compensation for Chiropractic Treatment After a Fall?

Can you get reimbursed for chiropractor expenses after an injury?

A common problem after a fall is a lower-back injury or other neck/spine issue. Chiropractic treatment is often used to treat these types of injuries, but because chiropractic care is still technically outside the realm of "standard" medical care, you might not realize that you can get compensation for it as part of a slip-and-fall lawsuit. However, because the field still has a bit of controversy attached to it, you'll need to present your case clearly and with the help of an attorney.
Chiropractic care for back issues is now much more accepted in general than it was 20 or 30 years ago. More studies have been done over the years showing that the treatments can have a positive healing effect on certain types of injuries. So if you have sustained a back injury, for example, after an accident for which you are suing someone, you can include the chiropractic treatment costs in your request for compensation.
The one issue you have to be aware of is that, while the medical establishment and many patients are slowly accepting chiropractic treatment as legitimate, not everyone does in general. You could encounter a judge or jury who are not as accepting. This is why you need to be careful how you present your case. It must be clear that chiropractic treatment is the best course of action and that it can work for you. Otherwise, you risk the claim being diminished or the treatment not being taken seriously.
Contact Eisenberg Law Offices and speak to an attorney about how to present the case so that you have a better chance of obtaining reimbursement. You need to heal, and the court should take all of your treatment costs into consideration when awarding financial compensation.
This post was originally published at https://www.eisenberglaw.org/can-you-get-compensation-for-chiropractic-treatment-after-a-fall/.

Liability, Lawsuits, and Being a Wisconsin Homeowner in Winter

Homeowners have a responsibility to keep their property safe

Winter in Wisconsin can be beautiful, but all that wintry weather brings with it the need for property owners to be diligent about making sure their property is safe. This applies not only to store owners who have to put out signs warning about slippery floors; it also applies to homeowners who have to ensure their homes and surrounding property under their care are safe. Not doing so can open those homeowners up to lawsuits if someone is injured.
Premises Liability for Homeowners
Premises liability has to do with the responsibility a property owner has to keep visitors safe from injury. For example, tree roots that have pushed up concrete along the edge of the driveway pose a trip hazard to anyone walking there. If the homeowner knows about the problem but does not warn a visitor about it, and the visitor trips and injures herself in a fall, then the visitor could sue the homeowner for compensation for medical bills and more. The homeowner could have prevented the accident by warning the visitor. Even if the visitor had still fallen at that spot, any injuries could now be seen as the visitor's fault, because she was warned about the problem and still walked there anyway.
Tree roots and concrete are a rather obvious example, but the same concepts could apply to a slippery step, a wet foyer floor, a low doorway, and so on. If the homeowner can show that she tried to remedy problems and did warn others about them, that reduces her liability. And anyone injured while on the property illegally may not be able to claim that the homeowner was at fault, given that the person wasn't supposed to be there to begin with.
What to Do Each Winter
In winter, homeowners should ensure that all walkways and the sidewalk outside the house are clear of snow and ice. Deicing material should be in constant use. Any icicles on trees or overhangs on the house, or mounds of snow hanging off branches, should be removed.
Also, gutters need to be clear. Leaves that get stuck inside the gutter can form clogs that send rainwater cascading over the side, creating yet another hazard.
If you've been injured on someone's property, contact Eisenberg Law Offices immediately. You need to create a solid case with the help of knowledgeable Madison injury attorneys.
This post was originally published at https://www.eisenberglaw.org/liability-lawsuits-and-being-a-wisconsin-homeowner-in-winter/.

Understanding How Drug Testing Works

Drug testing in Wisconsin - how does it work?

Drug testing has become common practice in a number of situations in Wisconsin. You may have to pass a drug test for employment, for insurance, as a condition of probation, or to show you are not under the influence of a controlled substance. Unfortunately, most people don't really understand how drug tests work. This leads to confusion and false expectations of the process. To learn more about what you should expect if you have to take a drug test in Wisconsin, read on.
How Do Drug Tests Work?
A typical drug test requires you to give a urine sample for testing. The most common tests check your system for levels of marijuana, opiates, cocaine, methamphetamine, and ecstasy. Many different tests exist, though, including individual tests for most controlled substances or broader test panels.
Some of these tests provide instant results. Others must undergo lab analysis before they can provide results. Understanding what type of test you are taking can help set your expectations properly.
Are Drug Tests Accurate?
While accuracy for these tests can vary somewhat, they tend to identify markers of drugs in your system with high accuracy. Only a small number of false positives result from testing. Further, labs generally keep samples so that if you claim a false positive, the sample can then be re-tested.
The only way to beat a drug test is to avoid taking the substances for which it is testing. Typically this means at least 2-4 days of abstaining. However, it can take 60-90 days for marijuana to be out of your system. Further, trying to flush markers of drug use out with water usually does not work; tests identify water as a masking agent that may invalidate a test and require a new sample.
Legal Help for Test Results
Instead of challenging the results themselves, your attorney may look at whether the test was properly administered, or in the case of a criminal charge, whether a police officer had probable cause to obtain the test. Legal remedies are available; an experienced attorney at Eisenberg Law Offices can help you protect your rights.
This post was originally published at https://www.eisenberglaw.org/understanding-how-drug-testing-works/.

Consequences of Juvenile Crimes in Wisconsin

Criminal Attorneys experienced with juvenile crimes can help your child avoid severe consequences

In Wisconsin, juvenile crimes are prosecuted differently from adult crimes. The law creates a different path for punishment and opportunities to overcome their crimes. Still, the consequences of juvenile convictions can be severe. Counsel experienced in representing children accused of criminal behavior is critical to helping your child move forward.
Juvenile Delinquency
Wisconsin children under the age of 17 who commit crimes are charged differently from adults. Instead of regular criminal charges, they face juvenile delinquency charges, which usually does not entail the same level of punishment as an adult committing the same act. In addition, the child might be able to have his or her record expunged before adulthood.
Still, juvenile convictions do carry consequences. A child's parents may have to pay significant fines as punishment, or the child may have to go to a juvenile detention facility. Further, juvenile convictions for drug offenses in Wisconsin can prevent your child from being able to access federal student aid for college.
Deferred Prosecution Agreements
Depending on the circumstances, a first-time offender may be eligible for a consent decree or deferred prosecution agreement. Instead of being charged with a crime, the child is placed on supervision. At the end of the supervision period, the child's case is dismissed and closed without a criminal conviction.
Even if the child is not a first-time offender, Wisconsin's legal system allows for other options to help protect him or her. Having the record expunged after punishment for the crime can help give a child a chance for a better future.
Any time criminal charges are filed, even for a juvenile, you need to secure experienced legal counsel to help protect your rights. If your child has been arrested and charged with a crime, you should not assume the juvenile system means they will not be affected by a conviction. Contact Eisenberg Law Offices to help protect the rights of your minor children.
This post was originally published at https://www.eisenberglaw.org/consequences-of-juvenile-crimes-in-wisconsin/.

When Can Parents Sue for Their Child's Personal Injury?

Can you recover damages for your child's personal injuries in Wisconsin?

Sometimes children get hurt. As a parent, you want to protect them, both from themselves and the world around them. Unfortunately, sometimes you can't. If your child does get injured, you may wonder whether you can sue for damages. While this is not always possible, if someone else's negligence caused your child's injuries, you do have a right to recover.
Duty of Care for Your Child
Before someone can be liable for harm to your child, that person has to have had a duty of care. This in turn depends on where and how the injury occurred. If your child is injured because of how he or she is playing, you may not have a legal remedy. On the other hand, people do have a duty to be careful when they drive, to maintain their property in a safe way, and to prevent dangerous pets from running loose. Even if a person is not in a position of authority or direct care over your child, these duties can lead to potential damages.
Negligence
Besides having a duty, before a person can be held liable in a personal injury lawsuit on behalf of your child, you must be able to show both that they failed to fulfill that duty and that their failure caused the injury. For instance, if a child climbs a tree and falls out, that might not be considered a failure to maintain property in a safe manner.
On the other hand, if your child's injury is directly connected to what someone else did or failed to do, you may have a personal injury case against that person. You will need to collect information about the injury and what happened, as well as seeing a doctor to help assess the extent of your child's injury.
If you believe your child was injured due to someone else's negligence, you should consult with an attorney to discuss your case. In Wisconsin, Eisenberg Law Offices can provide experienced legal representation to help you with your child's personal injury case.
This post was originally published at https://www.eisenberglaw.org/when-can-parents-sue-for-their-childs-personal-injury/.

5 Ways to Protect Your Personal Injury Case

Steps to take for your Wisconsin personal injury case

Winning a personal injury case means patiently following a long road. You will undoubtedly feel pressure to settle early: from the insurance company's lawyer or insurance carrier, but also in some ways from your own family. Fortunately, there are steps you can take to work with your lawyer and set yourself up for success for your personal injury case in Wisconsin. 
1. Avoid Settling Early
If your injury comes from an auto accident, at someone's home, or in a public place, chances are an insurance company will call you sooner rather than later. They will run calculations and offer a settlement amount to avoid trial. Do not sign anything they give you until you have had a chance to discuss it with your attorney. 
2. Keep Quiet
The less you say or post online about your health, your injury, or your case, the better. The opposing attorney will often search for evidence that your injury is not as severe as you claim. Avoid giving reasons to doubt your case.
3. See Your Doctor
On the other hand, you do need to build a positive record of your claims. After your injury, you should see your doctor for a thorough examination. Some injuries may not be obvious. Further, a documented treatment plan helps show what damages you have suffered.
4. Take Notes
Over time, it is easy to forget critical details from your accident. The better you document what occurs over time, the more easily you can recall later what happened and how you felt. The opposing attorney may use what you forget to suggest you are not being honest.
5. Be Honest
Of course, the other half of this is that you need to be honest: with your attorney and with the court. Never try to embellish what happened or how you feel. A personal injury case is designed to compensate you for what you deserve. Being caught in a lie will almost certainly harm your case.
The attorneys at Eisenberg Law Offices can help you win your Wisconsin personal injury case. Do what you can to help yourself as well.
This post was originally published at https://www.eisenberglaw.org/5-ways-to-protect-your-personal-injury-case/.

Illegal Search Of A Cellphone Violates Your Rights

Illegal Search Of A Cellphone Violates Your Rights

Our cellphones are our lifelines these days. Think of how much personal information is stored on them. No longer just a convenient way to keep in touch, cellphones are a treasure trove of private information -  and the police know that. If you are arrested, the police may want to search your cellphone for evidence, in much the same way that they'd search your home, vehicle, or computer. But is this legal?
In a word, No.

The Supreme Court Ruling Protects Cellphone Data

In June 2018, the U.S. Supreme Court ruled that police need to have a warrant in order to search cell phones, in most cases. It was argued that cell phones should be treated the same as computers and are protected under the Fourth Amendment's unreasonable search and seizure clause. An illegal search of a cellphone could uncover damaging evidence, but without a warrant for the search, there is a strong chance that such evidence may not be accepted by the court.
This was an important ruling for privacy and private property rights, providing evidence that our country's laws don't always keep up with technology.
Exceptions To The Warrant Requirement
As is the case in many situations, there are exceptions to this rule. In the following situations, law enforcement officials do not have to obtain a warrant before searching a cellphone:

• The phone contains information that may protect people who are in immediate danger.
• Evidence on the phone may be destroyed if police must wait for a warrant.

There is always a chance that the law will change in the future, but for now, know that cellphones are protected from searches.
Eisenberg Law Offices Will Fight For Your Rights
The United States has many laws and safeguards in place to protect individuals from self-incrimination and to protect citizen's privacy. The trouble is, many citizens aren't aware that these protections exist and law enforcement officials may try to take advantage of this lack of knowledge, such as through the illegal search of a cellphone.
If you are facing charges and need help building a strong defense, contact Eisenberg Law Offices for help. Our criminal defense attorneys bring decades of experience to every case and will work hard to ensure that your rights are fully protected – whether you are guilty or innocent.
Contact Eisenberg Law Offices in Madison, WI at 608-256-8356 or Info@EisenbergLaw.org to schedule a free consultation.
This post was originally published at https://www.eisenberglaw.org/illegal-search-of-a-cellphone-violates-your-rights/.

Personal Injury Attorney | Slip And Fall Injury

When To Consult A Personal Injury Lawyer After A Slip And Fall Injury

Slips and falls are very common injuries that can happen in a variety of settings and situations. The term "slip and fall" is a legal term that is used by a personal injury lawyer in cases where a person has slipped, tripped, or fallen while on another person's property. In many cases, a slip and fall injury is no more damaging than a bruised ego or behind, but at other times the injury can be quite serious and the circumstances surrounding it concerning. It's at times like this that the injured party may want to seek the counsel of a personal injury lawyer. In some cases, it is possible to recover damages as a result of the incident.
Fault Must Be Proven
In order to be awarded compensation in a slip and fall case, a personal injury attorney must prove that the property owner was at fault, or negligent, in his or her duty to keep the property in safe condition. However, just because an area of ground was uneven, a walkway slippery, or a sidewalk damaged, does not mean the property owner is necessarily at fault for the slip and fall injury. It's up to the personal injury lawyer to prove that the owner was negligent and should, therefore, be held responsible for the victim's injuries.
Negligence can be proven in several different ways:

• The property owner has to know about the dangerous situation ahead of time.
• The property owner or employee caused the dangerous situation.
• The dangerous situation was so egregious that a "reasonable person" responsible for the upkeep of the property would have noticed the danger and rectified it.

It's not only the actions or inactions of the property owner that will be examined. The victim's own actions or "carelessness" will also be examined. A personal injury lawyer will question many things such as:

• whether the individual was supposed to be in that area,
• whether or not another person should have noticed the danger in the situation and taken steps to avoid it,
• if there were signs warning of the danger or barriers to prevent anyone from getting near it,
• the actions of the victim, particularly if any of those actions or activities could have contributed to the slip and fall injury, such as running, jumping, or not paying attention to where they were walking.

Contact An Eisenberg Law Personal Injury Attorney After A Slip And Fall Incident

If you have been injured in a slip and fall situation and you think the property owner was negligent in his or her duty to maintain a safe property, contact Eisenberg Law Offices in Madison, WI to arrange a consultation with one of our personal injury attorneys. Our attorneys will be able to examine the evidence, facts, and circumstances surrounding the incident and advise you of your legal options. We can represent you to protect your rights and negotiate a settlement that will compensate you for your damages, including pain and suffering.
Call 608-256-8356 or email Info@EisenbergLaw.org to arrange a free consultation.
This post was originally published at https://www.eisenberglaw.org/personal-injury-attorney-slip-and-fall-injury/.

Making Sense Of Wisconsin Drunk Driving Acronyms

Making Sense Of Wisconsin Drunk Driving Acronyms

Drunk driving terms and acronyms can be confusing, especially when you consider that each state has its own terminology for drunk driving. The terms you hear in the news may not be the same terms that you'll hear if you get pulled over by Wisconsin law enforcement officers - and they'll be different if you're pulled over in Illinois or Minnesota!
DUI, DWI, BAC, OWI....what do they all mean? Don't worry, the drunk driving attorneys at Eisenberg Law Offices are here to help you make sense of some of the most common Wisconsin drunk driving acronyms.

Common Wisconsin Drunk Driving Acronyms

If you are facing drunk driving charges in Wisconsin, you'll want to understand what those charges mean and what exactly you are being charged with, but first you have to make sense of the acronyms.

• BAC: BAC is an acronym for Blood Alcohol Concentration. It is often also referred to as Blood Alcohol Content. The BAC identifies the amount of alcohol in your bloodstream as a percentage at the time of testing. Your blood alcohol content is crucial to your case. BAC is most often determined though a breathalyzer or through blood testing.
• BUI: This is a term you may not have heard before. It stands for Boating Under the Influence. The same laws, but not penalties, apply to boating while intoxicated as driving while intoxicated.
• DL: DL is simply shorthand for Driver's License. When you are pulled over one of the first things an officer will ask is to see your Driver's License. They then run it through their database to see if there are any restrictions on it.
• OAR and OAS: Operating While Suspended or Operating While Revoked. Either of these acronyms may appear on your charge sheet if the officer finds that you are driving with a suspended or revoked license.
• FST: FST is Field Sobriety Test. These tests are conducted at the time of the traffic stop and are used to provide evidence that you were driving while intoxicated. While undergoing an FST, you may be asked to perform a Horizontal Gaze Nystagmus (HGN) test, a walk-and-turn (WAT) test, and/or the one-leg stand (OLS) test.
• PAC: BAC is the percentage of alcohol in your blood at the time of testing. PAC, on the other hand, is the percentage of PROHIBITED Alcohol Concentration. Your PAC determines legal intoxication. In Wisconsin, you can have some blood alcohol content, but if your BAC is .08% or higher (.02% if you have 3 prior convictions), you will be considered in violation of the state's prohibited alcohol concentration law. PAC charges are added in addition to drunk driving charges.
• PC: PC stands for "probable cause". It's a term that is used to explain why law enforcement officers pulled you over. The officer needs "probable cause" to believe the driver is intoxicated. Examples of PC include actions such as: driving erratically, speeding, ignoring stop signs or traffic signals, weaving in and out of traffic, odor of intoxicants, slurred speech, and bloodshot eyes.

The Differences Between DUI, DWI, and OWI in Wisconsin

The legal term for drunk driving in Wisconsin is OWI or Operating While Under The Influence. You can see why we shorten it to OWI! OWI applies to drunk driving as well as driving while under the influences of drugs (prescription or illegal). However, what constitutes an OWI in Wisconsin, is referred to as a DUI (Driving Under the Influence) in Illinois and a DWI (Driving While Intoxicated) in Minnesota. In other states, the charge may be a OUI (Operating Under the Influence), DUIL (Driving Under the Influence of Liquor, OMVI (Operating a Motor Vehicle while Intoxicated), or OVI (Operating a Vehicle Under the Influence).

Facing Wisconsin Drunk Driving Charges? Schedule A Free Consultation At Eisenberg Law

If you have been charged with a drunk or impaired driving charge in Wisconsin, start building a strong defense right away. Contact the criminal defense attorneys at Eisenberg Law Offices in Madison for help. We bring over 30 years of experience to each case and will fight aggressively to protect your rights.
Call Eisenberg Law Offices at 608-256-8356 or email Info@eisenberglaw.org to arrange a free consultation.
This post was originally published at
https://www.eisenberglaw.org/firm-overview/articles/making-sense-of-wisconsin-drunk-driving-acronyms/..

Delayed Wisconsin Car Accident Injuries

Late-Appearing Wisconsin Car Accident Injuries You Should Never Shrug Off

It's not unusual for those who have been in a car accident to decline medical attention at the scene or even shortly afterward. While this may seem like stubborn pride, there's actually a scientific explanation for this behavior.
When we are involved in a shocking situation like that, adrenaline kicks into overdrive. While this helps us respond to the emergency situation and its' aftermath, it can also mask the signs and symptoms of Wisconsin car accident injuries, making us feel okay, even when we are injured. The effects of adrenaline can last for quite a long time, not wearing off until hours or days have passed. That's one reason why we hear so much about delayed diagnoses of car accident injuries or stories about people who don't discover an injury until well after the accident has occurred.
In this post, we'll take a look at five of the most common delayed Wisconsin car accident injuries.

Common Delayed Car Accident Injuries

1. Whiplash is one of the most common of car accident injuries and it's one that is not often discovered until after the fact. Whiplash happens when the head is suddenly jerked back and forth. This results in injuries to the soft tissues of the neck, shoulders, and spine, which can be difficult to diagnose right away. In fact, it's often not until a person notices worsening pain, loss of mobility, and stiffness that they are diagnosed with whiplash. Treatment may require physical therapy and/or prescription medication.
2. Another extremely common car accident injury is concussion. Like whiplash, concussion occurs due to the extreme forces involved in a car accident. Unlike whiplash, concussions happen in the brain, when the brain is bounced around in the skull. Brain injuries are notorious for not displaying symptoms right away, making concussions difficult to identify in the immediate aftermath of an accident. Once symptoms appear they may include headaches, nausea, blurred vision, trouble concentrating, or fatigue.
3. Back Pain. Back pain is often brushed off as simply bruising or a strain after a car accident, but it can be indicative of a more serious injury. Late appearing back pain in particular may indicate injury to the vertebrae, muscles, and/or nerves. Pain, stiffness, and poor range of motion are indications that there is an underlying injury and, as with many Wisconsin car accident injuries, ignoring it will only make the problem worse.
4. Abdominal Pain. This is a serious, but overlooked, car accident injury because it is practically invisible immediately after a car accident. However, later-appearing abdominal pain and swelling can indicate internal bleeding, which can be life-threatening. Deep bruises, skin that appears purple in color, dizziness, lightheadedness, and fainting, and headaches are all symptoms of an undiagnosed abdominal injury.
5. Numbness, tingling, and weakness in the limbs can indicate a pinched nerve or herniated disk. Herniated disks and nerve injuries are particularly confusing because they can cause symptoms far from the point of actual injury. Herniated disks so not improve on their own, but continue to get worse leading to more pain and discomfort in the back and along the nerve pathways of the body.

Get Help For Wisconsin Car Accident Injuries At Eisenberg Law

It is always a good idea to see a doctor if you have been in a car accident. Even if you feel fine, a medical exam can uncover these delayed injuries while also providing documentation of your medical history and treatment. This documentation can be important if you are involved in a lawsuit related to the accident or need to provide proof of the injury for an insurance settlement.
If you have been involved in a Wisconsin car accident, it can be helpful to speak with a car accident attorney at Eisenberg Law Offices. Our Madison law firm can help you negotiate an insurance settlement or bring forth a lawsuit against the other driver to help pay for your injuries.
Contact Eisenberg Law Offices at 608-256-8356 or email Info@eisenberglaw.org to arrange a free consultation.
This post was originally published at https://www.eisenberglaw.org/firm-overview/articles/delayed-wisconsin-car-accident-injuries/.