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No Vehicle Damage? No Injury? August 1, 2010

Posted by Andrew Christman in FAQ Personal Injury, Milwaukee Personal Injury Attorney, Motorcycle Collisions, Wisconsin Auto Accidents.
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After an automobile accident, insurance companies often try to equate physical injuries to the damage to the automobile. This is not always true. It is possible for passengers in an automobile accident to be injured even if there is little or no damage to the vehicle. Additionally, insurance companies are likely to deny the existence of an injury in a low speed collision. Injuries to areas of soft tissue around the neck and spine are especially vulnerable in these types of collisions.

A great deal of information about car accident injuries can be found at http://www.injurytv.com/doctors/eldridge.html.

If you have been injured in an automobile accident in the Milwaukee area or any other area in Wisconsin and are in need of a Milwaukee personal injury attorney, contact Groth Law Firm S.C. Groth Law Firm, S.C. has offices to meet with clients in Brookfield, Milwaukee, Green Bay and Marinette.

Interesting Bike Safety Opinion Piece July 8, 2010

Posted by Andrew Christman in FAQ Personal Injury, Motorcycle Collisions, Personal Injury Law.
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There was an opinion column in the Milwaukee Journal Sentinel recently. The article can be found here. It includes links to more information about bike safety in the Milwaukee area.

If you have any questions regarding a bike accident or any other personal injury questions, feel free to contact Groth Law Firm, S.C. Groth Law Firm, S.C. has offices to meet with clients in Brookfield, Milwaukee, Green Bay and Marinette.

New Wisconsin Auto Insurance Law June 9, 2010

Posted by Andrew Christman in FAQ Personal Injury, Motorcycle Collisions, Personal Injury Law, Wisconsin Auto Accidents.
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As of June 1, 2010, auto insurance is now mandatory for all car owners in Wisconsin.  The law requires minimum coverage of $50,000 for the injury or death of one person, $100,000 for the injury or death of two or more people and $15,000 for property damage.  Drivers that do not have insurance can be fined up to $500.

The law requires that drives keep proof of their insurance information in the car.  Police officers can request proof of insurance at traffic stops and accidents.  Failure to provide this proof of insurance can result in a fine of $10.

The law also requires uninsured and underinsured motorist coverage each with minimum limits of $100,000/$300,000 for bodily injury coverage.

More information on the new insurance laws can be found at the websites for the Office of the Commissioner of Insurance and the Wisconsin Department of Motor Vehicles.

Feel free to contact Groth Law Firm, S.C. if you have any questions or would like to discuss your need for a personal injury attorney.  Groth Law Firm, S.C. has offices to meet with clients in Brookfield, Milwaukee, Green Bay and Marinette.

Wisconsin Texting While Driving January 29, 2010

Posted by Attorney Jonathan Groth in Motorcycle Collisions, Wisconsin Auto Accidents.
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In my latest post I talked about my last trial. In that trial I had to subpoena the defendant driver’s cell phone records. With the rise of collisions because of a texting or distracted driver this is something that every attorney really needs to consider doing.

Nowadays many injured car accident victims say that the other driver was on the phone or somehow distracted. It is very important that the at fault driver’s cell phone records are subpoenaed early on in the process. Luckily I did just that in this last case. I learned that certain cell phone providers purge their records after a period of time.

Before you hire a personal injury attorney be sure to interview them about their experience using cell phone records at trial and how (and when) they will go about obtaining the cell phone/texting records.

Uninsured Motorist In Wisconsin November 9, 2009

Posted by Attorney Jonathan Groth in FAQ Personal Injury, Motorcycle Collisions, Wisconsin Auto Accidents.
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What happens if you are involved in an auto accident and the at fault person says they have no insurance.  How do you know if they are lying?

One of the “tricks of the trade” is using the State’s resources and power to pull the at fault driver’s license for a year or until payment of damages is made.

The form that is sometimes used is t342.   I suggest you call the Wisconsin DMV or a person injury attorney with any questions about what to do when confronted with this situation.

Rotator Cuff Injury June 18, 2009

Posted by Attorney Jonathan Groth in Motorcycle Collisions, Personal Injury Law, Wisconsin Auto Accidents.
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“Rotator Cuff Injury”

I think this is a phrase that is pretty widely used.  We often hear  announcers talk about a rotator cuff injury during a football game.  It’s pretty common.  But, this phrase is so widely used that it may not be completely understood.  Everyone assumes that everyone else knows what it means.

Well, the Doe Report has some medical illustrations of  a shoulder and rotator cuff.  Take the opportunity to look it over.   It is pretty interesting stuff.

Personal injury attorneys use these types of illustrations often to help teach juries about the objective findings of injury.  People can talk and talk but looking at picture often makes the information sink in.

Timely Payment of Claims June 5, 2009

Posted by Attorney Jonathan Groth in Dog Attack Information, FAQ Personal Injury, Motorcycle Collisions, Personal Injury Law, Wisconsin Auto Accidents.
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There are a ton of laws.  That may be the biggest understatement I’ve ever written.

I mention this because it’s a reason to hire an attorney.  How many people have heard of the “Timely Payment of Claims” Statute.  It’s Section 628.46 of Wisconsin’s Statutes.  It applies to first party insurance payments and also third party insurance payments.  So, if you are injured by someone without insurance and you file an uninsured motorist claim this statute applies.   Because of the “recent” Kontowicz case it applies to claims against an at fault insurance company also.

Attorneys for injured people can push insurance companies to review and make offers to settle cases within 30 days of receiving all of the documents related to an injury.  If the insurance company drags its feet it may be subject to 12% interest.  Or, if the insurance company agrees to that a portion of an injury is definitely related to an accident that insurance company, under the statute, should pay the undisputed amount asap.

For your information the statutes says:

(1) Unless otherwise provided by law, an insurer shall promptly pay every insurance claim. A claim shall be overdue if not paid within 30 days after the insurer is furnished written notice of the fact of a covered loss and of the amount of the loss. If such written notice is not furnished to the insurer as to the entire claim, any partial amount supported by written notice is overdue if not paid within 30 days after such written notice is furnished to the insurer. Any part or all of the remainder of the claim that is subsequently supported by written notice is overdue if not paid within 30 days after written notice is furnished to the insurer. Any payment shall not be deemed overdue when the insurer has reasonable proof to establish that the insurer is not responsible for the payment, notwithstanding that written notice has been furnished to the insurer… All overdue payments shall bear simple interest at the rate of 12% per year.


Civil Justice In Wisconsin April 21, 2009

Posted by Attorney Jonathan Groth in Drunk Driving, FAQ Personal Injury, Motorcycle Collisions, Personal Injury Law, Wisconsin Auto Accidents.
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I’ll write more about this in coming days but I wanted to link to this “Fact Book” published by The University of Wisconsin Law School.  

Below is the “Foreword” from the Fact Book:

Our civil justice system has always been a matter of intense public interest, from television drama to newspaper editorial pages. To some, trial lawyers are the champions of the underprivileged and downtrodden; to others, they are a threat to the state’s business climate. All too often, these impressions are shaped by the attention paid to a single sensational case, severed from the context of the hundreds or thousands of other disputes that people regularly look to our court system to resolve. In the interest of shifting the focus to that broader context, two of our faculty members volunteered to gather the data and provide the commentary that forms this booklet. Their goal was to provide an objective picture of the civil justice system in Wisconsin, focusing on the basic facts about the state’s civil courts and the litigation in them and comparing it with the situation in neighboring states. The authors need little introduction to those familiar with civil litigation and the court system. Marc Galanter is the John and Rylla Bosshard Professor of Law Emeritus, and an internationally recognized expert on trends in civil litigation. Susan Steingass recently retired from her position as the Director of the Law School’s Communication and Advocacy Program. She brings to the project her substantial experience as a former trial judge, state bar president, and litigator with a long career of representing both plaintiffs and defendants in civil litigation. Some readers may well be surprised by some of the statistics that follow. Other readers with a particular stake in the civil justice debate may wonder if this project is an effort to advocate for one position over another.  I can assure you that this is neither the project’s intent nor, in my opinion, its effect. Open debate on issues of consequence to our state and nation is one of the hallmarks of our Law School’s educational tradition. This booklet reminds us that collecting the best available information provides a platform for such a debate and leads to the process of finding the best possible solutions to the issues. On behalf of the Law School, I wish to acknowledge and thank the authors and the law students who worked with them for their important contribution to the ongoing discussion of the civil justice system.

Kenneth B. Davis, Jr.

Fred W. & Vi Miller Deanship

University of Wisconsin Law School

You can order the Civil Justice in Wisconsin book at the UW Law School’s website.  It is a good read and I’ll have comments in the coming days.

Settlement Help April 17, 2009

Posted by Attorney Jonathan Groth in Motorcycle Collisions, Personal Injury Law, Wisconsin Auto Accidents.
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When settling a case for a minor it is extremely important that the money is going to actually be there for the minor.  Seems pretty obvious.  In Wisconsin, courts must usually be involved in approving a settlement for a minor.  It’s the governments way of protecting a minor from him or herself, the parents and unscrupulous attorneys.

If I settle a case for a 10 year old what happens 8 years from now, 10 years from now 15 years from now?  What happens to the money in the eight years before the kid turns 18.  Look what happened last year.  If the money was put in the stock market the child may not have as much as awarded in the initial settlement or verdict.

It is the gaurdian ad litem’s (the attorney responsible for advising a Judge as to the appropriateness of a settlement for a minor or “incompetent” victim) job to make sure a victim’s compensation is an appropriate amount and is secure at the outset so it doesn’t get squandered.  The gaurdian ad litem recommends certain terms to the court for approval.  But, attorneys can’t know everything about the financial world.  I certainly don’t.

That is where a structured settlement expert comes into the picture.  This article is about Chuck Derenne of Wisconsin.  I’ve worked with Chuck a lot over the past 9 years.  He is a valuable asset for attorneys who help victims.  If you’d like more information about Chuck give me a call and I can put you in touch with him.

If you have questions about a structured settlements in Wisconsin feel free to contact me.  I’d be happy to discuss your situation.

www.jonpgroth.com

Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Amberg, Janesville, Sheboygan and Wauwatosa.

Soft Tissue Explanations April 16, 2009

Posted by Attorney Jonathan Groth in Motorcycle Collisions, Personal Injury Law, Wisconsin Auto Accidents.
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Once again I think you’ll get some valuable knowledge out of reading Medical Legal Art’s blog.  This month’s topic is “Soft Tissue Injuries.”

I think it is safe to say that most people involved in car accidents suffer from these injuries.  Many times they go away in a matter of weeks or months.  Other times it takes a lot longer.  It really depends on the person.

Benjamin Broome, M.A. has a good diagram and discussion of what he has found in dealing with attorneys who litigate these cases.

I pretty much agree that there are important points to make in a soft tissue car accident injury case.  Mr. Broome writes:

First it is important to explain that soft tissues all have microscopic sensory nerves that run through them. Next, it can be understood that the swelling and disruption of the soft tissues immediately following an injury put pressure on these nerves resulting in the pain that we all feel for a few days after an injury. Finally, it should be shown that in these more severe cases, microscopic scar tissue can build up within the soft tissues continuing to distort the nerves, causing pain, even after the swelling of the initial injury has subsided. This scar tissue and the resulting sensory nerve disruption is the physical source of the permanent pain in most of these soft tissue cases.

Unlike a case were someone breaks a bone or tears a ligament there really isn’t any easy way to see the injury.  Identifying a broken bone on an X-Ray is almost common knowledge.  Ask someone to identify “straightening of the lordosis” and they may ask whether you’re talking about Star Wars or Star Trek.

Anyway, it is a quick read and informative.  I’ve used Medical Legal Art’s diagrams in many of my trials.   A picture is worth a thousand words.

If you have questions about an accident where you suffered a soft tissue injury in Wisconsin feel free to contact me.  I’d be happy to discuss your situation.

www.jonpgroth.com

Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Jackson, Kenosha, Sheboygan and Wauwatosa.

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