I was recently interviewed about pre-settlement funding companies.  Here is a link to the article in the Wisconsin Law Journal written by Jack Zemlicka.

Avvo and Justia aren’t just out there they are making waves, often on the first page of any “attorney” or “lawyer” search results.

Jane Pribek of the Wisconsin Law Journal has a good article about these online lawyer directories.  I recommend you bookmark Jane’s page.  I make a point to read her stuff.

Part of our job as personal injury attorneys is to understand an injured victim’s medical records.  It’s important to know what certain tests show in order to best advocate for an injured party.

Quad Cities Injury Lawyers Blog has a good tip.  Simply check out You Tube.   I’ve used RXlist.com to better understand medications that client’s take.  I’ve used Medicinenet.com for a written description of procedures and tests.   So, why not use You Tube for a video of the same thing.  It’s pretty impressive.  I can’t vouch for the accuracy but after reading about a procedure or test you can tell if what you are seeing is, in fact, the proper procedure/test.

Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in West Allis, Janesville,  Plymouth,  and Germantown.

If you’d like to submit a question or case please complete a case submission form.

“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.

Shameless self promotion ahead.

According to Avvo.com and Alexa this blog (www.jonpgroth.com) ranks #260 among legal blogs.  Thanks to all of the readers who take the time to click on this site.  Also, thanks for every website owner who directs links to this site.

I think #260 out of all of the legal blogs on the internet isn’t that bad!

Watch out Juris Dynamics (#259) I’m coming after you!

Just a quick post about the Wisconsin Bar Association’s new webpage.   I think the background is “paisely”.  I had to google it to make sure.  What do you think of it?

After reading this post I was reminded of a basic tenant in trial law.  Know who you are going to sue.

A big mistake made by some pro se litigants is either serving the wrong party or serving the “right” entity but the wrong person.

For example, lets say you are going to sue BobJon, Inc.  Their registered agent is Tim Bob whose office is at their plant in Marinette, Wisconsin.  You hire a process server who takes an authenticated Summons and Complaint (make sure they serve an authenticated copy) to the plant and serves Scott Tim in processing.

Well, you served an employee at the plant right?  The registered agent has an office at that plant according to records you found using Wisconsin’s CRIS website.

This service may not be enough to obtain jurisdiction against the defendant.  Section 801.11 Wisconsin Statutes sets the standard for service of process.

The statutes say that if you can’t serve Tim Bob then you can serve someone “apparently in charge of the office.”  Is Scott Tim in charge of the office?  He’s in “processing.”

“Apparently in charge of the office” in sub. (5) (a) refers to what is apparent to the process server. When a receptionist referred the process server to her superior, who did not send the server to the proper office, the server could serve the superior, particularly since the superior had accepted service of process in other actions without objection by the company.  Keske v. Square D Co. 58 Wis. 2d 307, 206 N.W.2d 189 (1973).

Catch my drift.  This issue is often litigated because if the letter of the law is not met the defendant has a chance of escaping liability (if the statute of limitations has run) and dismissing the suit (and costing the plaintiff additional expenses and time).

Be weary of who you sue.  Cross your T’s and dot your I’s before you send the Summons and Complaint out for service. And always use a reputable process server!

Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in West Allis, Sheboygan,  Plymouth,  and Germantown.

If you’d like to submit a question or case please complete a case submission form.

A good friend in Illinois just blogged about the American Medical Association’s push to get states to pass driver cell phone use laws.

Reporters also learned the new AMA policy encourages physicians to educate patients on the public health risks associated with driving while distracted with text messages and cell phones. The AMA is supporting any state legislature enacting laws to eliminate the use of text messaging by motorists while driving.

Included in this post is some shocking information.

The AMA sites a recent study reflects text messaging while driving causes a 400% increase time spent with eyes off the road. American drivers and passengers should not have to be concerned that other drivers are focused on texting instead of traffic.

It makes sense.  When your eyes are on your cell phone and you are concentrating on hitting the right button they can’t concentrate on traffic.

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.

What happens if a medical facility releases your medical records to the general public?  What happens if an insurance company releases medical records to the general public?

Well, according to Section 146.84 Wisconsin Statutes that facility or person may be liable for tens of thousands of dollars in addition to actual damages and ACTUAL attorneys fees.  Believe me, that can be a lot of money.

I found an article from a few years ago written by a couple Michael, Best and Friedrich attorneys concerning this issue.  I hope it will continue to be available.    Finerty and Barlament state:

This statute may apply to entities other than health care entities. The statute’s penalty provisions for example, Wis. Stat. § 146.84, apply to “[a]ny person, including the state or any political subdivision of the state” who violates Wis. Stat. § 146.82 or 146.83. Wis. Stat. § 146.84(1)(b), (bm). Similarly, penalties (including a fine of up to $25,000 and up to 9 months in prison) can be applied to “[w]hoever” obtains certain confidential information under false pretenses or with knowledge that the disclosure is unlawful and not reasonably necessary to protect another from harm. Wis. Stat. § 146.84(2)(a).

I was thinking about this after a client asked me what protection she/he has when medical records are released to an at-fault insurance provider.  In all honesty the liability of the company who discloses to the public certain records depends on the authorization that was signed and the particular facts of the release of those records.  But, if a company or hospital releases records improperly at least this statute exists as a pretty significant penalty.