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.

Tractor Trailers Result in an Increased Number of Deaths

Tractor trailers are vital part of our economy. Each day, millions of trucks filled with a variety of cargo travel our highways. There are 500,000 accidents involving semis each year, and 5,000 fatalities. It should come as no surprise that the fatalities and serious injuries often affect individuals in passenger cars. Passenger vehicles are just a fraction of the size of tractor trailers, and in accidents they can be tossed about, rolled over, or crushed.

Tractor trailer drivers must undergo training in order to drive these super-sized vehicles. No training, however, can prepare them for the long hours they must put in. Some drivers are on the road for 11 hours a day, seven days a week. It’s easy to understand how driver fatigue plays a role in accidents. Worse still, some drivers break the federal laws and spend even more hours behind the wheel in an effort to meet deadlines.

If you have been hurt in a tractor trailer accident, it is important to contact a Madison personal injury lawyer right away. Tractor trailers are equipped with recording devices that sense movement and performance within the vehicle during the accident, much like a black box does in an airplane. It is important that these devices are recovered immediately following the accident so that they are not recorded over. Our experienced attorneys understand that they should take action immediately to secure these devices. We will then work with specialists to understand the material on the device and help determine what factors were at play in your crash.

Our law firm in Madison, WI has experience representing individuals injured in tractor trailer accidents. We understand that truckers may try to place the blame on you, especially as their livelihood may be at stake if they are found negligent. That’s why we work with professionals to recreate the accident and determine exactly who is responsible. Rest assured, we’ll work closely with you and listen to your account of the crash. Even if you feel you may be responsible, it is important to contact a Madison personal injury lawyer before you speak with an insurance adjuster. We can help you determine if you were at fault.

Injuries incurred during tractor trailer accidents can be especially egregious. That’s why we will work on your case so that you can focus on your recovery. If you’ve been injured in a collision with a tractor trailer, contact the personal injury lawyers Madison, WI today either online or at 608-256-8356.

Cerebral Palsy Can Be Caused by a Traumatic Birth

If your child has cerebral palsy and you believe that it was caused by an avoidable birth injury, contact our Madison personal injury lawyers today. Cerebral palsy is a disorder that affects movement, posture, and muscle tone. Cerebral palsy is caused by a brain injury or malformation that occurs either before, during, or shortly after birth. Approximately 20 percent of individuals with cerebral palsy were affected due to an injury during childbirth. Brain injury can occur when infants do not receive sufficient oxygen for a period of time or experience trauma to the head. Head trauma can occur if excessive force is used when utilizing birth tools, such as forceps and vacuum extraction devices. MRIs and CT scans can be used to determine why your child developed cerebral palsy.

Signs of cerebral palsy include difficulty with movement, rigid muscles, muscle spasms, unusual movements, the failure to reach typical developmental milestones (especially those related to motor and movement), learning disabilities, and speech disorders. Individuals with CP may also exhibit seizures and numerous other physical symptoms, such as constipation, difficulty eating or digesting food, and incontinence. Cerebral palsy symptoms can range from minor to severe, but many individuals with CP will require specialized care, therapy, and devices to aid with movement.

Ongoing medical care and treatment for physical and intellectual issues is extremely expensive. Communication devices and specialized wheelchairs can cost thousands of dollars. Some children will require numerous surgeries and therapeutic treatments. It’s easy to see how the costs can skyrocket. If your child has developed CP due to a traumatic birth experience, it is important to determine if your physician or other medical care provider may be liable. Sometimes physicians fail to make timely decisions and, as a result, the infant’s oxygen levels become dangerously low. At other times, an obstetrician may fail to gauge the size of the infant’s head in relation to the birth canal. This can mean that forceps or vacuum extraction are required.

If your child has cerebral palsy and you believe it may be due to a birth injury, contact the personal injury attorney Madison, WI trusts. We will consider the details of your situation and review your medical records to determine if medical personnel may be to blame. If we find that your child developed CP due to an avoidable birth injury, we will fight aggressively to get you the compensation that you deserve. We understand that no amount of money can make up for the disabilities your child will face, but it will provide for the exceptional care and treatments that you desire. Contact our Madison personal injury lawyers today either online or by phone at 608-256-8356 for a free consultation.

Millions of Burn Injuries Occur Each Year

At the Eisenberg Law Firm in Madison, WI, we represent individuals injured in all kinds of incidents. Each year, approximately 2.4 million Americans experience burn injuries. These injuries range from minor burns that only require home treatment to major, life-threatening burns. Burns are exceptionally painful and quite difficult to treat. Your skin protects the tissue of your body both from trauma and from exposure to bacteria. Severe burns can leave your body susceptible to infections and disease. Burns can occur in a number of ways:

• Scalding burns occur when a liquid such as hot water or oil burns the skin. Although most of us will receive a scalding burn or steam burn at some point in our lives, it is important to realize that some scalding burns will require medical treatment. If a burn has blisters or broken skin or is excessively painful, seek medical treatment right away.
• Chemical burns occur when the skin is exposed to acids or other harmful chemicals. These burns may intensify until the chemical has been neutralized, so flush them with water right away.
• A dry burn or contact burn occurs when contact is made with a hot surface like a pot or a stove.
• Electrical burns occur when an individual is exposed to an electrical current or lightening. These burns are often extensive.

Burns can occur in the workplace, during a car accident, or in a household accident. Any burn that has blisters or a break in the skin must be treated professionally. These burns will often result in scarring, which is sometimes extensive. Second and third degree burns may require significant treatment in the hospital, and medical bills quickly skyrocket. In addition, individuals may suffer from nerve injuries, severe scarring, and a loss of range of motion due to tissue injuries. Burns are notoriously slow to heal, and hospital treatment may take weeks or even months. During this time, painful treatments must occur to keep the skin free of bacteria and dead tissue.
If you or a loved one have received serious burns, you will likely amass major medical bills. In addition, you will need to take time off work to heal and recover, and you may experience severe scarring and lifelong effects of your injuries. At the Eisenberg Law Firm, our Madison personal injury lawyers understand your pain and suffering. We will do everything within our power to help you recover from your injuries. We will seek compensation from the liable party to help pay your bills and compensate you for lost pay and pain and suffering. Contact our Madison personal injury lawyers today for a free consultation.