Do I Really Need a Personal Injury Lawyer?

A Personal Injury Lawyer will help you get what you deserve

The cause of your injuries is clear, and there's no doubt in anyone's mind that the person you're suing needs to pay up, right? It would be nice if personal injury cases were that easy, but they aren't. Insurance limits, comparative negligence, and a host of other factors can make getting compensation for your injury more difficult. Whenever you are dealing with an insurance company over an injury, it's best to have a personal injury lawyer leading the way.
Presenting Better Arguments and Getting Better Awards
As clear as your case may seem to you, it may not seem that clear from your explanations why you need the dollar amount you are requesting. A personal injury lawyer knows how to phrase these arguments in such a way as to maximize the potential award you can get. The lawyer will also likely know more about what you can really sue for; for example, you may think that you can sue for coverage for medical bills, but your lawyer would know whether you could add emotional distress to your lawsuit as well.
Your lawyer will also be aware of whether the other party is trying to lowball you regarding a settlement. It's very common for personal injury cases to end up being settled, and if yours goes that way, you want the settlement to be appropriate. The lawyer can negotiate a much better settlement in many cases.
Confidence in Your Case
Having a lawyer take your case is also a confidence boost because a personal injury lawyer is not going to take on those cases that have no chance of winning. If you present your case to a lawyer, and they agree to represent you, then you know you have a good chance of getting an award.
If you need a personal injury lawyer to help you win your case, contact Eisenberg Law Offices. Don't attempt to take on the case yourself. Ensure you have excellent legal representation.
This post was originally published at https://www.eisenberglaw.org/do-i-really-need-a-personal-injury-lawyer

Social Media Use May Affect Your Trial Outcome

Social media gives others a window into your life, and if you're involved in a trial, that window could result in a poorer court outcome for you if you're not careful. Your posts and pictures could be used against you, and, because these posts can be misread easily, you could stand accused of things you actually didn't do. While social media plays a large role in many people's lives and businesses now, if you're going to court, you need to be very, very careful about what you do online.
Radio Silence
Your best course of action is to just not post anything. If you can, suspend the accounts so no one can access older posts; otherwise, set everything to private, don't accept friend requests or followers who you don't know, and simply stop posting for the time being (yes, even if your accounts are private). You know how emails are easy to misinterpret because they are so emotionless? So are social media posts. Emojis help only so much.
Speaking of emojis, they can actually be used against you. Suing over an accident and claiming emotional distress? That smiley face and "feeling happy" label on Facebook might serve as fodder for the opposing lawyer to claim you're not really that distressed.
Everything Is Public
Despite privacy settings, social media is essentially public. Maybe you message a family member, and that member tells someone else, who spreads the news to more people. That could get back to someone whose page is still public, and lawyers don't exactly limit themselves to checking only your social media pages for news about you.
Assume anything you post during this time, if you can't stay off social media completely, is something that could make it into court. If you run a business and need to keep your Twitter account public, stick to business-related tweets only and be very cautious about the wording.
If you want more guidance on avoiding the social media trap during a trial, contact Eisenberg Law Offices. We can help you secure accounts and keep your court case moving.
This post was originally published at https://www.eisenberglaw.org/social-media-use-may-affect-your-trial-outcome

Probation Holds in Wisconsin

If you are arrested and convicted of a crime, you sometimes receive probation as part or all of your sentence. You should not confuse probation with freedom, though. If you violate the terms of probation, you may be taken into custody. This is called a probation hold.
What Is a Probation Hold?
A probation hold comes when you violate the terms of your probation. Depending on the circumstances, it may mean you need to report to jail, or you may be taken into custody where you are. In Wisconsin you are held for up to 15 business days, after which the Department of Corrections must decide whether to revoke your probation or release you. 
Why Does It Happen?
Your probation comes with terms for your release. These terms will include refraining from any other illegal conduct, reporting regularly to your probation officer, and reporting your visits with the probation officer. You need to take the rules seriously; any time you violate one of them, you risk being brought in on a probation hold.
How long you stay depends on a number of factors. Some violations may be deemed less severe than others, and your first violation may receive more leniency than later ones. You cannot be released on bond during a probation hold, and depending on the nature and severity of your violation, you may not be released at all.
What Relief Is Available?
If your probation is revoked, you may have options. A good defense attorney can help you negotiate with the probation officer to develop alternatives. This might include a treatment plan, counseling, additional monitoring, or other possibilities.
Working with an experienced Wisconsin attorney who knows the criminal system well makes a difference. If you have received a probation hold and need legal representation, contact Eisenberg Law Offices. We can work with you and your probation officer to reach the best outcome available.
This post was originally published at https://www.eisenberglaw.org/probation-holds-in-wisconsin

Common Whiplash Symptoms

Whiplash – an invisible Personal Injury

Not all of the injuries you suffer in an accident are obvious. The force of a crash can throw your head and neck forward in ways they are not designed to move. This strain on your neck area is called whiplash. This is one of the most common injuries people suffer in automobile accidents. Recognizing it and treating it quickly can help you avoid even more serious problems over time.
Common Symptoms of Whiplash
When you suffer a whiplash injury, some of the symptoms are subtle. You might feel soreness in your neck or shoulders, headaches, or increased tiredness. You can also hear ringing in your ears and feel numbness or tingling in your hands or arms. You might have a concussion.
As a natural response to an accident, your body produces adrenaline to help you push through. This sometimes means that you do not feel pain in the moment or even for a day or two after your accident. For this reason, the fact that you may not feel discomfort initially does not mean that these injuries did not result from the accident.
What to Do
After you have reported your accident to the police, the first thing you need to do is seek medical attention. Talk through your symptoms and describe the accident to your physician, who should provide a thorough examination. This is critical to not only identifying the injuries you may have suffered, but also to getting treatment to ensure those injuries do not get worse.
Make sure to keep all of your documentation as well. It does not take long after an accident to start to forget some of the details, and the effects of whiplash can make that even worse. Take notes, and retain a copy of your medical files. This can help supplement any memory lapses you have.
Finally, after you have received treatment, contact an experienced accident attorney. In Madison, Wisconsin, Eisenberg Law Offices can provide the representation you need for your whiplash and other injuries after an accident.
This post was originally published at https://www.eisenberglaw.org/common-whiplash-symptoms

Risks and Remedies for Truck Summer Tire Blowouts

Reduce your risks from a truck tire blowout

If you ever drive on the highway, you have seen shredded tires lying in the road. Sometimes they sit harmlessly off on the shoulder. All too often, they sit in the middle of the road--or worse, fly off the back of a truck in front of you. Worse yet, trucks that blow out their tires tend to lose control, leaving you vulnerable to a dangerous crash. If the driver could have prevented the truck tire blowout, the driver or trucking company may be liable for your damages.
Summer Road Hazards
Every Wisconsin season brings elements that can create highway problems. In summer, the roads heat up. The extra heat adds to the wear and stress that tires already face--particularly under large, heavy vehicles. Most of the time, this means shredded tires flying free from under the vehicle. Debris in the road can damage your tires or make you swerve into more trouble.
When a driver loses control, though, it becomes even more dangerous. It can be difficult or even impossible to avoid a swerving, tipping truck, especially on a busy highway. The result is an accident that creates significant risk to you and your vehicle.
Liability Issues
Truck drivers have a duty to properly maintain their vehicles. This includes making sure their tires are properly inflated and have proper tread thickness. If a worn or underinflated tire blows out, the driver and the trucking company are responsible for any damage that results. This includes not only your vehicle repairs and medical bills, but also any lost wages, loss of consortium, loss of earning ability, and any other damages that result from the accident.
Protect Your Rights
If you are in an accident caused by a truck tire blowout, the trucking company's insurance company will try to settle your claims quickly. Before you accept any offer, you should contact an attorney to talk about the accident and your options. In Madison, Wisconsin, Eisenberg Law Offices provides the legal experience and expertise you need to get the recovery you deserve.
This post was originally published at https://www.eisenberglaw.org/risks-and-remedies-for-truck-summer-tire-blowouts

Your Legal Rights After a Wisconsin Bike Accident

How to Avoid a Wisconsin Bike Accident

When Summer comes, bicycling provides a chance for exercise and air rushing past you while you go. Unfortunately, it also brings hazards when you are out on the road. Understanding these is critical for you to protect yourself. Learn to be safe to give yourself the most summer bicycling enjoyment and avoid a Wisconsin bike accident.
Common Bicycle Injuries
When you ride a bicycle, you have as much right to be on the road as motor vehicle drivers. Still, it leaves you exposed in ways drivers and motor vehicle passengers are not. An accident can bring bumps and bruises or more significant injuries, including:

• road rash
• cuts
• sprained or broken bones
• back and neck injuries
• internal organ injuries
• nerve damage
• brain and spinal cord injuries

Slipping on loose gravel or colliding with a car can leave you with little control over your own safety. No matter how careful you are, every time you ride your bike on a public road, you risk injuries that other people cause.
How to Protect Yourself
Before you go out on your bicycle, take the time to learn the traffic rules. You need to ride with the flow of traffic, and signal turns as you go. Beyond the rules themselves, though, you need to pay attention. Drivers are not always patient with cyclists, so you need to be ready to move or yield to vehicles. Keep an eye out for loose gravel and other road hazards as well; you have much less ability to withstand these on a bicycle.
Avoiding crashes is only part of your strategy. Invest in a helmet, and ideally knee and elbow pads as well. The more you do to protect yourself when you do fall, the less likely a routine crash or fall leaves you badly injured.
Seek Legal Help
If you are injured on a bicycle, seek medical help first and call the police. Any injury calls for diagnosis and treatment. After this, if someone else caused your accident, contact the experienced bike accident attorneys at Eisenberg Law Offices. We will help you get the recovery you deserve.
This post was originally published at https://www.eisenberglaw.org/your-legal-rights-after-a-wisconsin-bike-accident

Drug Charges | Probable Cause | Reasonable Suspicion

Drug Charges Hinge on the Legality of Police Actions

Did you know that drug charges hinge on the legality of police actions, even if you are caught with narcotics in your possession? If police don't follow proper protocol, charges can be dismissed, which is one good reason why you should always contact a criminal defense attorney if you are charged with a drug crime, however hopeless you think your situation may be.

Police Stops and Probable Cause

One of the very first questions a defense attorney will ask is whether or not the police's initial contact with you was made legally. If it wasn't, any evidence found during that contact could be suppressed and the charges against you dropped.

Two of the most common reasons police stop drivers in Wisconsin are:

1. Probable cause
2. Reasonable suspicion

Probable Cause
This is the most likely reason a police officer will stop a driver. Probable cause means the officer has a likely cause to believe that the driver has broken a traffic law. It may be speeding, ignoring traffic signs or signals, suspended plates, or burned out taillights. For whatever reason, the officer believes the vehicle and/or driver is in violation of Wisconsin traffic laws and makes a traffic stop. The key question in these situations is whether or not the driver was actually in violation of the law.
It's important to understand that ignorance of the violation does not mean the stop was made illegally. In other words, just because you didn't know your taillight was out, doesn't make the stop illegal. In that case, any evidence found to support drug charges would probably stand.
Reasonable Suspicion
Reasonable suspicion is similar to probable cause in that officers must suspect that a violation or offense is occurring. A "hunch" or "gut feeling" isn't enough to warrant reasonable suspicion, but observations and evidence that supports the possibility that an offense is being committed is enough. Officers must consider what is called the "totality of the circumstances" and use that information to determine whether to make a traffic stop under reasonable suspicion. Any reasonable suspicion stop will be examined very, very closely by a defense attorney because there are so many nuances in these types of situations and any one of them could help get your drugs charges dismissed or evidence suppressed.

Fight Drug Charges With Help From Eisenberg Law Offices

Anytime you are charged with a crime, it's important to contact a skilled criminal defense attorney to protect your rights, analyze your situation, and advise you of your options. The defense attorneys at Madison's Eisenberg Law Offices bring over 35 years of experience to each case to help you present your best and strongest defense.
Contact our team at 608-256-8356 or Info@eisenberglaw.org to schedule a free and confidential consultation if you are facing criminal charges.
This post was originally published at https://www.eisenberglaw.org/drug-charges-probable-cause-reasonable-suspicion

Personal Injury Attorneys Madison, WI | Summer Car Accidents

Personal Injury Attorneys in Madison, WI Weigh in on Summer Car Accidents

While Midwest winters have a reputation for causing car accidents, warm weather sees its fair share of accidents too. The personal injury attorneys at Madison, WI's Eisenberg Law Offices represent drivers and passengers all year round and while winter accidents can often be attributed to slick conditions, summertime accidents occur under far different circumstances.
As The Temperature Rises, So Does Car Accident Risk
One thing we've noticed is that the number of car accidents actually increases as the temperatures rise! There are several reasons for this: 

• More Cars on the Road. Summer is a time for road trips and family vacations. Wisconsin draws visitors from all over the state and the surrounding states, eager to visit our northern lakes and forests, Door County, the Dells, and quiet cabin retreats. Simply having more drivers on the road is enough to increase the chances of a car accident occurring. Your best protection is to drive defensively, obey all traffic laws, and give yourself plenty of time to get to your destination.

• Sun Glare. Warm, sunny days are more than welcome after winter, but all that sun and its higher position in the sky can cause glare on the road or your windshield, This reduces visibility, making it hard to see obstacles, pedestrians, traffic lights, or sudden stops by the vehicle in front of you. Polarized sunglasses can help reduce glare and improve visibility. If you need glasses to drive, consider getting polarized prescription sunglasses which will help reduce eye strain.

• Fatigue. Who hasn't tried to push through the last leg of a trip or gotten on the road earlier or stayed later than they probably should have? Driver fatigue is a leading cause of car accidents and it's worse when you are driving into the sun. Try to avoid driving facing the sun for too long since this causes eye strain and contributes to fatigue. Let another driver spell you if you feel tired or unfocused. If you're driving solo, pull off and take a break until you are more focused.

• Mechanical Issues. Just as winter can really do a number on vehicles, so can summer. Blown tires, overheated cars, and conked out air conditioners can all cause loss of driver control. Try to head off these issues by having your car inspected by a mechanic before you hit the road. Check your fluid levels and tires regularly and generally be aware of your vehicle's condition.

Eisenberg Law Personal Injury Attorneys in Madison, WI Can Help With Your Case

If you have been injured in a car accident in Wisconsin and need legal advice, contact Eisenberg Law's personal injury attorneys in Madison, WI. We offer free and confidential consultations so you can explore all of your legal options. Call 608-256-8356 or email Info@eisenberglaw.org to schedule your free consultation.
This post was originally published at https://www.eisenberglaw.org/personal-injury-attorneys-madison-wi-summer-car-accidents

Criminal Attorneys In Madison, WI Defend White Collar Crimes

White Collar Crimes Require a Strong Defense

White collar crimes are criminal actions that are typically non-violent and are profit motivated. They are most commonly committed by professional business people or government officials. Examples include: bribery, embezzlement, fraud, insider trading, Ponzi schemes, kick-backs, money laundering, copyright infringement and the stealing of intellectual property. Just because these crimes aren't violent doesn't make them any less serious to the accused. Even white collar crimes can ruin your reputation and job prospects and result in jail time, fines, and penalties.

They May be as Severely Punished as Violent Crimes

Federal sentencing guidelines and punishments for white collar crimes have become more severe over time. Today, sentencing guidelines require judges to take into account the aggregate loss involved in the crime when calculating sentences. Under those guidelines, extremely high losses could result in white collar criminals being sentenced to extensive prison terms.  Life sentences are no longer unheard of in regard to these non-violent crimes.

Eisenberg Law's Criminal Attorneys in Madison, WI Are Essential to Your Defense

Given the severity of white collar sentencing, it's essential to seek the counsel of our experienced criminal attorneys in Madison, WI if you are accused or even suspected of having committed such a crime. White collar crimes are unique in several ways: they are atypical crimes; they are usually federal crimes; and they are punished based on the monetary losses suffered. Criminal defense attorneys must be skilled in federal judicial system laws and practices, the defense of non-violent crimes, and in routine business practices. Navigating this landscape while also collecting and examining evidence to support your innocence requires experience, dedication, and an attorney who will listen to your side of the story.

Contact Eisenberg Law For White Collar Crime Defense

There are several different types of white collar criminal activities and we defend them all: embezzlement, fraud, falsifying records, identity theft, data theft, cyber crimes, and intellectual property disputes are all examples of crimes we have helped to defend. Each case requires a different approach, but one thing that they all have in common is the need for a strong and capable defense. The stakes are simply too high to trust your defense to an attorney who is not well-versed in white collar criminal activities and laws.
The criminal attorneys at Madison, WI's Eisenberg Law Offices have over 35 years of experience defending individuals against white collar crime allegations. Since many white collar crimes are considered federal crimes, we work in both the state and federal court systems to provide the strongest defense possible for our clients.
If you have been accused of a white collar crime or are suspected of such crimes, contact the Eisenberg Law criminal attorneys in Madison, WI immediately. An early defense is your best defense. Call 608-256-8356 or email Info@eisenberglaw.org to schedule a free, confidential consultation.
This post was originally published at https://www.eisenberglaw.org/practice-areas/criminal-defense-attorneys/white-collar-crimes-in-madison-wi/

Theft Crimes and Penalties in Wisconsin

Understanding Theft Crimes in Wisconsin

When we are young, it's simple to understand theft – if you take someone else's property without their knowledge or approval, it's theft. As adults, the definition becomes cloudy and more complex. Theft is no longer limited to taking another person's possessions, there is identify theft and financial theft to consider, for example.
Though we can all agree that taking something that does not belong to you is considered theft, there are different types of theft and different penalties for theft crimes depending on the type of theft committed.

Examples of Wisconsin Theft Crimes

There are many types of theft that are recognized by the State of Wisconsin. They include:

• Burglary & Robbery. Burglary requires the perpetrator to have unlawfully broken into another person's home or property in order to commit a criminal offense. The incident becomes a Robbery when the theft is committed with weapons and/or force or the threat of force. Robbery does not require unlawful breaking and entering.
• Extortion. Extortion is similar to robbery in that both acts involve the acquisition of money, services, or property through the use of force, threats, and/or intimidation. In robbery, the threat is immediate, but in extortion, it can be immediate or involve a threat to take place at a future point in time.
• Larceny. Larceny is the taking and removal of property in order to deprive the owner of the property permanently.
• Embezzlement. Often considered a "white collar crime" embezzlement happens when someone who has permission or is authorized to handle, preserve, or protect your property takes it for their own personal use. It is most often seen in fiduciary breaches such as if a fund manager "skims" money from your account for his/her own use. Another example is overcharging customers and pocketing the difference.
• False Pretenses. Theft can occur through false pretenses when a person obtains goods/services due to false representation with the intention of defrauding another.
• Lost or Mislaid Property. If you keep property that you know has been lost or misplaced, it is considered theft. Unless the property was permanently abandoned by its owner, the law requires you to take action to return it.

Defining Property

All of the above examples of theft crimes take into account "property" which may include both moveable and immovable items, such as:

• Real property. This includes items that cannot be moved, such as land and anything that is attached to it like buildings.
• Tangible property. Tangible property is moveable and may include things like cars, jewelry, electronics, books, and other personal items.
• Documents include stock certificates and bonds, money, and anything that represents something of monetary value.
• Information is valuable in today's digital age. The types of information that can be stolen include personal identification and data, company information, secrets, or intellectual property, or data and information that is contained on computers or storage devices.
• Personal services. Services represent property that can be stolen. Examples include food service, car or appliance repairs, or hotel accommodations.

Penalties for Theft in Wisconsin

Theft crimes carry different penalties, which are highly dependent on the circumstances surrounding the theft including the type of property taken, its value, and how it was taken (was force used?) All of these factors and more will be taken into account by the police to determine if the crime is a felony or misdemeanor. Felonies are much more serious, resulting in heavy fines and possible prison time while misdemeanors have smaller fines and only local jail time.

Defense Against Theft Crimes Charges is Possible

Every type of theft has different elements that need to be proven for guilt to be determined, but in nearly every case, it must be proven that the accused had intent to commit the crime.
Defense against theft crimes often involves disproving intent, but may also include a defense of coercion, intoxication, or other strategies. Your best defense against theft crimes is to hire an experienced criminal defense attorney from Eisenberg Law Offices in Madison. Our skilled attorneys can examine the evidence against you, explain your legal options, and build a strong defense for you.
If you are facing charges of theft, contact Eisenberg Law Offices at 608-256-8356 or Info@eisenberglaw.org to arrange a free and confidential consultation.

This post was originally published at https://www.eisenberglaw.org/practice-areas/criminal-defense-attorneys/theft-crimes-and-penalties-in-wisconsin/