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.

Johnson & Johnson Ordered to Pay $72 Million in Ovarian Cancer Lawsuit

Our Madison WI attorneys carefully monitor the news so that we can warn the community of any product liability concerns. A St. Louis jury ruled this week that Johnson & Johnson must pay $72 million to the family of a women that died from ovarian cancer. The family of Jacqueline Fox, the woman who lost her battle with ovarian cancer late last year, will receive $10 million in damages and an additional $62 million in punitive damages. In the case, the plaintiff alleged that her 35-year use of baby powder and Johnson & Johnson Shower to Shower products as part of her feminine hygiene routine resulted in her developing ovarian cancer.

During the trial, a number of studies were introduced including one that dated back to 1971. In that study, published in the British Journal of Obstetrics and Gynaecology, researchers noted that many ovarian tumors had actual talc particles within them. Further studies also noted a possible connection between talc and ovarian cancer. Such findings caused at least one researcher to reach out to Johnson & Johnson directly to recommend that they put a warning label on their talc products. For their part, the manufacturer has cited other studies which indicate no connection or a very small connection between talc and ovarian cancer.

Failure to Warn

Johnson & Johnson denies any link between their product and ovarian cancer, even as they face hundreds of allegations that their product caused cancer in women. These women base their cases on a failure to warn of the known association between the use of talc products for feminine hygiene and ovarian cancer. They cite the approximately 20 studies that indicate a link between talc and cancer, as well of the findings of the Department of Health and Human Services. Our Madison WI attorneys understand that if you have developed cancer and believe that the use of powder contributed to your illness, you don’t want excuses – so we will work vigorously to get you answers!

Ovarian cancer affects approximately one in 75 women in the United States. It often presents with relatively mild symptoms, such as a feeling of pressure and bloating, a frequent urge to urinate, pelvic pain, and feeling full easily. If you experience these symptoms, contact your physician right away for further testing. Although chances are it is nothing serious, ovarian cancer treatment is much more successful when caught early.

If you or a loved one have ovarian cancer and you have a history of powder use, contact our Madison WI attorneys today for a free consultation either online or by phone to 608-256-8356.

Drunk Driving Laws | Car Accident Attorneys Madison, WI

Are The New Drunk Driving Laws Tough Enough? Car Accident Attorneys Madison, WI Can Help

Car accident attorneys in Madison, Wisconsin are among the busiest in the nation, due to Wisconsin’s high rate of drunk driving. In fact, Wisconsin has the highest rate of drunk driving in the nation, and nearly half of all fatal car accidents here are alcohol-related.

Tougher Penalties Coming

In January 2016, the Wisconsin Senate passed a new measure that will provide tougher penalties for drunk driving offenses, but is it enough to curb this dangerous behavior? Even these tougher provisions leave Wisconsin with the most lenient drunk driving laws in the country. In every other state, a first-time Operating While Intoxicated (OWI) is a criminal offense. In Wisconsin, first time offenders get a traffic ticket, but still lose their license for at least 6 months and may have to install an Ignition Interlock Device. The charge, however, is not a crime. You can’t go to jail. The second offense is a misdemeanor with a mandatory jail sentence of five days to six months, and a fine of up to $1,100. The law currently provides for installation of an Ignition Interlock Device (IID) after a second offense.

The new bill designates all fourth OWI offenses as felonies, and carries a penalty of up to three years in prison. Fifth and sixth OWI offenses are now Class G felonies (instead of the current Class H), which increases potential prison sentences by three to five years. All subsequent offenses receive longer sentences under the new law, up to and including a 10-year sentence for a tenth offense.

Protecting The Victims

Regardless of what criminal charges, jail time, and fines a convicted OWI driver may face, that person is liable for the damages and injuries caused in an OWI related crash. In some cases, they may also be liable for punitive damages from the car crash or accident. If you or a loved one has been injured in an OWI crash or accident, the car accident attorneys at Madison, Wisconsin’s Eisenberg Law Offices can help protect your rights. Contact us online or call us at 608-256-8356 to discuss your accident and injuries, and your rights as a victim.

Madison Law Firms Explain Search Rights

Can They Really Use That Search Evidence Against You? Madison Law Firms Explain Your Rights

Madison law firms that practice criminal defense encounter many situations where evidence seized in a police search may look bad, but it is not necessarily admissible in court. It’s hard to keep your head when the police search you, your car, or your home, and they discover something that looks incriminating. The law requires law enforcement to have Probable Cause or a warrant to search you and your property. If you are unsure of whether they had Probable Cause, you are going to need an attorney to defend your rights.

If you are arrested, you will be read your Miranda Rights: You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Request an attorney, invoke your Fifth Amendment rights against self-incrimination, and remain silent until you can consult with your attorney. Before you are arrested and read your rights, if you make a voluntary confession, it may be admissible in court, so stay calm and quiet.

What Establishes Probable Cause?

• Observation – Anything illegal that a law enforcement officer (LEO) can perceive with their sight, hearing, or sense of smell could establish Probable Cause.

• Expertise – An LEO can rely on their training and experience to establish a reasonable suspicion or probable cause to believe that a crime is occurring or about to occur.

• Direct Information – Statements from witnesses or a victim can provide Probable Cause for a search.

Experienced Defense
If you have been searched or arrested without Probable Cause, the Madison law firm of Eisenberg Law Offices is here to help. We have more than 30 years’ experience defending criminal law cases in Wisconsin, and we know how and when to challenge a search or an arrest. Call us at 608-256-8356 as soon as possible, and we will discuss the particulars of your circumstances to learn how we can best help.

Wisconsin Construction Accident? You Need an Attorney!

Individuals injured in construction accidents should not hesitate to contact a personal injury attorney. Construction jobs, by their nature, are risky. It’s not unusual for accidents and injuries to occur on the worksite. In fact, OSHA reports that over 1,000 fatalities and 400,000 injuries occur on construction sites each year. The Wisconsin Safe Place Law requires that employers keep their premises as safe as they reasonably can, given the nature of their business. This law applies to Wisconsin construction sites, as well. Although it is impossible to keep any construction site completely safe, employers must put reasonable safety measures in place to prevent potential accidents.

Construction accident cases are notoriously complex, as there may be third-party liability. Employees of construction companies that are injured at work in Wisconsin are eligible to receive workers’ compensation benefits. These benefits will cover:

• Medical bills that are considered reasonable.
• Temporary total disability (TTD) payments, payable at 2/3 of the worker’s weekly wage until a period of maximum medical improvement (MMI) has been reached.
• Permanent partial disability (PPD) benefits, payable at a lower rate, determined based on the extent of injuries and disabilities.
• Retraining benefits, payable at TTD rates, if the employee is laid off due to their injuries. Retraining must be authorized by the Division of Vocational Rehabilitation.
• Loss of earning capacity benefits in some cases involving injuries to the head, neck, or back.

Please note that workers compensation does not provide any benefits for pain and suffering. Also, PPD benefits are paid at a very low rate and may not adequately compensate for a loss of wages. If another person or entity contributed to your accident and injuries, our Madison personal injury and construction accident attorneys will work to prove the liability of that third-party. In third-party liability cases, we will fight to help you recover the cost of your medical bills, pain and suffering, and actual loss of earnings. In such cases, however, you may be required to reimburse workers’ compensation benefits that have been paid out. Obviously, the complexity of these cases make them difficult to pursue without the representation of a qualified Madison personal injury attorney.

Construction worksites change rapidly, so it’s important to retrieve evidence as quickly as possible. If possible, take photographs of the hazard that caused your injury. Also, make note of any witnesses to your injury. Contact our personal injury attorneys immediately and explain the details of your accident as you remember them. In addition, take a few moments and write down anything you remember about the accident. Arrange for a free consultation with an experienced personal injury attorney at the Eisenberg Law Firm online or by phone at (608) 256-8356.