Social Media Pitfalls | Personal Injury Attorney Madison WI

The Do's and Don'ts of Social Media From A Personal Injury Attorney In Madison, WI

Social media is an important part of many people's lives. It allows us to stay in touch with far-flung friends and relatives, experience our friend's exotic vacations or simple, homemade meals, and provide support during the high and low times in our lives. Another thing social media can do is wreak havoc with a personal injury claim.
As a personal injury attorney in Madison, WI, I have seen firsthand how social media posts can impact personal injury cases. With cell phones within arm's reach at all times and followers hanging on our every post on Facebook, it is all too easy to share, and sometimes overshare, sensitive information that would be better kept private.

Social Media and Personal Injury Cases

Social media has become a source of information and evidence for everyone. Not only are your friends and followers hanging on your every post, insurance companies and attorneys may be visiting your pages  in the hopes of finding evidence that can be used against you if you are involved in a personal injury case.
How can they do this? Everything that is posted online is considered public information. In the case of social media, it is extremely easy to tie the post back to the author, even after they have been deleted. Anyone who has been injured in an accident and/or is involved in a personal injury case should be very, very careful about what they post online:

• Comments and status updates that seem quite different from the face you are presenting in court can be used against you as evidence that perhaps you aren't doing quite as poorly as you say you are.
• Pictures and videos that have been posted or chat groups to which you belong may be offered as evidence that you are lying about your activities or the extent of your injuries.

These are just two examples of how what is posted on social media can be taken out of context or used as evidence against you in a personal injury case. The point is that anything you post to your social media accounts can and likely will be examined by defense attorneys to try and poke holes in your case or discredit you.

The Do's and Don'ts of Social Media and Personal Injury Claims

Armed with the knowledge that social media can be used against you, here are a few do's and don'ts for social media usage that will help protect you in a personal injury case:

• Do Not post about the incident or send messages. If you claim a back injury, posts of you engaging in strenuous activity or sports undermine your claim. The best course of action is to remain absolutely silent about the accident, injury, or lawsuit. Don’t post anything about it. Don't respond to inquiries (even in a private message). Don't talk about your medical care or the treatments you're receiving. This applies to posts, text messages, chat groups, and private emails.
• Do deactivate or discontinue use of your social media accounts. If you can’t trust yourself or your connections not to post about your injury or personal injury claim, deactivate the account. That way, you are certain that nothing will be posted about your injury or your activities or medical care under your name.
• Do check your privacy settings. If you plan to keep your accounts active, you should change your privacy settings to the strictest level possible. Allow only friends and followers that you have approved see your posts as opposed to leaving the posts open to the general public. Restricting access to your pages isn't foolproof, but it does reduce the changes of your posts being seen and used against you.
• Do be aware that your friends may post about you. Friends may tag you in comments, pictures, videos, etc. and this information can be used against you, the same way content on your own page can be used against you. Rather than trying to police all of your friends, update your privacy settings to disable the ability of others to tag you.

Consult A Personal Injury Attorney In Madison, WI With Social Media Concerns

Even by adopting these best practices there is no way to be certain that your social media accounts won't be used against you in a personal injury case. If you are involved in a personal injury case and are concerned about how your social media content may affect the case, contact an Eisenberg Law Offices personal injury attorney in Madison, WI for advice. Our team has over 35 years of experience in personal injury law and can provide you with the guidance and representation you need to prevail in your claim.
Contact Eisenberg Law Offices to schedule a free consultation with a personal injury attorney in Madison, WI by calling 608-256-8356 or emailing Info@eisenberglaw.org.
This post was originally published at https://www.eisenberglaw.org/firm-overview/articles/social-media-pitfalls-personal-injury-attorney-madison-wi/

Charged with Possession of Child Pornography in Wisconsin?

Possession of Child Pornography is worth fighting if you have a case

A charge of possession of child pornography in Wisconsin is cause for alarm for anyone, but especially for those who claim they had nothing to do with the images despite an apparent connection. The ability to essentially contaminate a computer, or even an internet connection search history, is not a myth, and it takes a lot of investigating and legal wrangling to reach the truth.
Charges and Punishments
If convicted of possessing child pornography, you could face at least three years in prison. However, there is some leeway as the judge does not have to give you that exact sentence. Because the definition of child pornography in Wisconsin requires the child to be real (e.g., not necessarily a fictional character in a text-only story, for example) and that the charged person must have known the child was under 18, there are potential defenses.
Still, the thought of a court battle and the publicity it might generate doesn't make the situation any easier to take, even if you know you'll be acquitted. A good lawyer can help you deal with the process.
But if you were not the one who first accessed the pornography -- in other words, if pictures, for example, were found on your computer, but you have no idea how they got there -- then avoiding conviction and even getting the charges dropped is crucial.
You would have to show, though, that someone else had access to your computer, either physically or through hacking, or that someone else used your internet connection. If the pornography was not computer-based (e.g., physical photographs), you'd have to show that someone else could have brought the photos to your property.
It's difficult to do that yourself. You need expert representation from an attorney who knows the potential routes that others can take to make you look like the culprit. Contact Eisenberg Law Offices and speak with the attorneys there. You can't face this alone, and you need to act fast.
This post was originally published at https://www.eisenberglaw.org/charged-with-possession-of-child-pornography-in-wisconsin-heres-what-to-expect.

Will My Personal Injury Case Go to Trial?

Most personal injury cases are settled before trial

The news often carries stories of personal injury lawsuits that end up in lengthy court battles. That can make potential plaintiffs wonder if their cases will end up with similar courtroom-based fates. In reality, not every case makes it to court because a large number of cases are settled before any courtroom action is possible. Many defendants offer settlements, which plaintiffs can choose to accept or decline. When to agree to a settlement and avoid court is sometimes tricky.
Why Choose Settlement?
Avoiding court and getting paid are really the main drivers behind settlements. Personal injury lawsuits can take years. Appeals, delays, stays, and other tactics can stall a lawsuit's progress. In the meantime, the plaintiff is beset by mounting medical and legal bills. A settlement allows the injured party to receive money more quickly.
Defendants may offer settlements in order to avoid potentially larger payouts ordered by the court.
Other times the parties may agree that there is a problem and that an agreement and settlement is better than going to court. It's better when negotiations work out, allowing the injured party to be compensated fairly without heading into a courtroom.
However, if you've been injured, you shouldn't accept any settlement offer that comes your way. You need to speak with an attorney who can determine if the settlement is fair. Many initial offers, especially in cases where the defendant denies responsibility, are lower than is acceptable.
If you're faced with a personal injury lawsuit and settlement offer, contact Eisenberg Law Offices and arrange a consultation. Proper legal representation promotes a much fairer outcome for you.
This post was originally published at https://www.eisenberglaw.org/will-my-personal-injury-case-go-to-trial.

Understanding the Risks of Synthetic Marijuana Use in Wisconsin

Using synthetic marijuana can result in drug charges

Today a large volume of advertising promotes the potential positive effects of marijuana. While these may or may not have merit, people who have their guard down about marijuana may be in danger when it comes to different kinds of synthetic marijuana available. These substances come in different forms, but all of them are illegal to sell, use, or possess. If you have synthetic marijuana in Wisconsin, you risk drug charges and prison time.

Forms of Synthetic Marijuana

You can come across synthetic marijuana in many forms. Most of the time, it comes either in liquid form or as a substance sprayed onto dry leaves. It can appear similar to incense, potpourri, or a regular marijuana joint. It may even be placed in an electronic cigarette for "vaping" purposes.
Regardless of the form, synthetic marijuana is associated with a number of health symptoms:

• vomiting
• hallucinations
• psychotic episodes
• violent behavior
• suicidal thoughts
• kidney damage
• high blood pressure
• death

Whatever the form of the product, it is very dangerous to use, and can create problems well beyond what has been associated with real marijuana.
Legal Implications
Wisconsin made synthetic marijuana illegal in 2011 Wisconsin Act 31. In classifying it as an illegal controlled substance, this statute makes it illegal to use, possess, or sell synthetic marijuana. If you are convicted of violating this act, you are subject on a first offense to a $1,000 fine and imprisonment for up to six months. A second offense is considered a Class I felony. And the first offense does not have to be for synthetic marijuana; if you have a prior conviction for any narcotic substance, possession of synthetic marijuana will lead to automatic felony charges.
If you have been arrested for the possession, sale, or use of synthetic marijuana, you do have legal defenses available. Drug charges in Wisconsin bring severe penalties, though, so you do not want to go it alone. Eisenberg Law Offices has experience in helping defend against drug charges, and should be your first call if you have been arrested.
This post was originally published at https://www.eisenberglaw.org/understanding-the-risks-of-synthetic-marijuana-use-in-wisconsin.

Misdemeanor Theft Charge in Wisconsin: What happens next?

Get help from a criminal defense attorney if you've been arrested for misdemeanor theft

A charge of misdemeanor theft in Wisconsin applies any time you are accused of taking something of value from another person without intending to return it. If you are served with a summons and arrested on these charges, things start to move fast. You will want to hire an attorney right away, before the process starts moving in earnest toward a trial.
1. The Court Commissioner Sets Your Bond or Bail
When you first appear, a court commissioner decides whether you can be released on bond, or charged bail to be released until trial. This applies if he or she decides you can be released with a signed promise to pay if you do not appear for your arraignment. Here, a criminal attorney experienced in Madison courts can help immensely; he or she will understand the system and give you a much better chance of being released without an upfront payment of bail.
2. Pleas and Discovery
When you appear for your arraignment, you will be asked whether you plead guilty or not guilty. A guilty plea means you admit to the crime with which you are charged and consent to punishment. Not guilty means the opposite: you intend to fight your misdemeanor theft charge at trial. If you enter a not guilty plea, the prosecutor will turn over to you or your attorney the evidence with which the state will argue for your guilt. Here, again, an experienced criminal attorney can examine the evidence to look for weaknesses, or signs that the state may not be providing all of its evidence.
3. Court Date and Judge Assignment
At the end of this initial hearing, the Court will set your next hearing date and assign a judge to your case. Your attorney can help you file a motion for a different judge if appropriate; because judges approach cases differently, your attorney may know whether you may fare better with a different judge.
If you are arrested for misdemeanor theft, the right lawyer can help immensely. Contact Eisenberg Law Offices for help with your defense.
This post was originally published at https://www.eisenberglaw.org/misdemeanor-theft-charge-in-wisconsin-what-happens-next.

Protecting Your Health Insurance Rights in Wisconsin

Get help with your medical bills after a personal injury

If you are in an accident in Wisconsin, one worry you face comes in the form of growing medical bills. In many cases, the hospital will not immediately bill your insurance company, leaving you looking at numbers that seem terrifying. Fortunately, you can find help with your personal injury medical bills. We work regularly with hospitals and insurers to help our injured clients find peace of mind.

Medical Bills After an Accident

When you receive your first medical bills after an accident, you may be in for some shock. Medical costs are higher than ever in the United States, in Wisconsin and everywhere else. And the hospital may not directly bill your insurance after an accident. It may want a higher payment than the negotiated amount your insurer provides, and hope that your accident settlement will reimburse for the full billed amount.
Unfortunately, you must pay your medical bills, and if you do not make payments on them, they can get sent to a collections agency while you wait for a settlement or trial. The medical bills can hurt your credit before you even think to respond.
Protecting Your Rights
Fortunately, as your Madison accident attorneys, we can help. We work with hospitals and insurers to help you get the bills routed for coverage. If you win your case or receive a settlement, the insurer will get reimbursed for what it pays. But this works in your favor in two important ways. First, it prevents you from going deep into debt while you wait for a settlement, and prevents you from accepting a settlement far lower than you deserve. Second, your recovery comes not in the amount an insurer paid, but for the reasonable or actual cost of medical care. After the insurer recovers what it paid, any additional amounts go to you.
If you are in an accident, you need a Madison accident attorney who will help you understand and protect your right to recovery. Contact Eisenberg Law Offices today to get the help you deserve.
This post was originally published at https://www.eisenberglaw.org/protecting-your-health-insurance-rights-in-wisconsin.

Technology Can Help Your Wisconsin Personal Injury Claim

Look for a Madison Personal Injury Attorney that uses Current Technology

If you are injured in Madison, Wisconsin, it is easy to find a personal injury attorney. Look at the phone book, a billboard, or your mail, and you will find dozens of lawyers. Finding the right one, though, takes a little more time. One area that can set the best firms apart comes in embracing and applying technology to help with your case. Savvy applications of current litigation technology can make your case more efficient in preparations and give you a leg up in the courtroom.
Document Discovery and Fact-Finding
The older method of conducting discovery and fact finding was to ask for documents and hit the road to learn what was possible. This might involve visiting the police department, reaching out to insurers, and finding all the witnesses and experts available. Anything that could be learned came through witness interviews and examination of an accident scent.
While all of this remains viable, technology available can make much of this process easier. If you are fighting with an insurance company or a business, they may try to bury you in paper for your claim. We use technology designed to cut through the mass of documentation to find what really matters for your accident claim. We can also use electronic modeling and examine records quickly and easily to complete your investigation with less time or expense than has ever been required before.
In the Courtroom
The technological advantages extend to the courtroom as well. We can provide electronic displays for the jury and use simulations to help the jury see not only what happened, but how and why. Instead of sifting through witness testimony to reach several different impressions of what happened, technology can help both the judge and the jury see and feel what you went through.
As technology advances, you should not ignore the advantages it can bring for your personal injury case. If you have been injured in or around Madison, Wisconsin, contact Eisenberg Law Offices. We will use the technology you need to present your best case.
This post was originally published at https://www.eisenberglaw.org/technology-can-help-your-wisconsin-personal-injury-claim.