Toyota “Fix”? March 10, 2010
Posted by Attorney Jonathan Groth in FAQ Personal Injury.Tags: Toyota Recall, wisconsin personal injury
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I’ve been following the Toyota recall and have received some phone calls from concerned owners of Toyotas. A good friend of mine recently file two lawsuits in Illinois against Toyota. If you have a Toyota it is important to be vigilent and follow up if their “fix” didn’t work. Be sure to read this story. If you have been injured due to a Toyota product’s defect be sure to speak with an attorney right away in order to preserve the proper evidence. Toyota defect cases are a “hot” item right now and most every personal injury attorney is advertising for these types of cases. Be sure to interview the attorneys you contact and check their credentials at www.avvo.com.
Call 877-375-7001 or visit my website if you have any questions.
Understanding Medical Tests June 23, 2009
Posted by Attorney Jonathan Groth in FAQ Personal Injury, Personal Injury Law.Tags: medical care, Personal Injury Attorney, wisconsin personal injury
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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 June 18, 2009
Posted by Attorney Jonathan Groth in Motorcycle Collisions, Personal Injury Law, Wisconsin Auto Accidents.Tags: personal injury, Personal Injury Law, rotator cuff injury, wisconsin personal injury, Wisconsin Personal Injury Attorney
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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.
Eyes ON The Road And OFF The Phone June 11, 2009
Posted by Attorney Jonathan Groth in FAQ Personal Injury.Tags: cell phone bans, driving while distracted, wisconsin personal injury, Wisconsin Personal Injury Attorney
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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.
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.Tags: injury settlement, insurance settlement, Personal Injury Attorney, wisconsin personal injury
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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.
Soft Tissue Explanations April 16, 2009
Posted by Attorney Jonathan Groth in Motorcycle Collisions, Personal Injury Law, Wisconsin Auto Accidents.Tags: car accident, Personal Injury Law, soft tissue injury, wisconsin personal injury
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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.
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Jackson, Kenosha, Sheboygan and Wauwatosa.
Child Safety Seats April 9, 2009
Posted by Attorney Jonathan Groth in Personal Injury Law, Wisconsin Auto Accidents.Tags: child safety, infant safety, Personal Injury Attorney, wisconsin personal injury
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I was surprised at the small number of states that require children to ride in the back seat. To me it seems like common sense. Wisconsin requires that children under the age of 3 be in a rear seat, if available.
The info provided by the Insurance Institute for Highway Safety has a good visual of the age at which children must be in a restraint or booster seat.
In Wisconsin those who must be in a safety seat are:
children younger than 1 and all children who weigh less than 20 pounds are required to be in a rear-facing infant seat; children 1 through 3 years who weigh at least 20 pounds but less than 40 pounds are required to be in a forward-facing child safety seat; children 4 through 7 who both weigh at least 40 pounds but less than 80 pounds and who are less than 57 inches tall are required to be in a booster seat
Simply an adult safety belt is permissible in Wisconsin if the child is:
8 years and younger and more than 80 pounds and 57 inches or taller
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.
What to Expect April 7, 2009
Posted by Attorney Jonathan Groth in Motorcycle Collisions, Personal Injury Law, Wisconsin Auto Accidents.Tags: chiropractic, Personal Injury Law, Wisconsin Chiropractor, wisconsin personal injury
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A lot of my client come to me asking about Chiropractic care. I see a lot of people who suffer from whiplash after an auto accident. Logically, Chiropractic care is one of the first things that comes to mind.
Before you see a Doctor of Chiropractic it is important to know what to expect. Doctor Rada of Apple Chiropractic and Rehab Clinic is a good friend and my clients have always spoke highly of her.
Dr. Rada’s website has some good recommendations:
Since chiropractic care involves a series of visits, with each one building on the ones before, it’s important that our relationship can go the distance. We’ve found that one of the best ways to have successful patient relationships is to explain everything in advance. No surprises!
The more you understand who we are, what we do and why we do it, the better results you’ll enjoy. It’s as simple as that.
So, check us out here. Poke around. Get to know us. Then, contact us to make an appointment so we can get to know you.
- First Visit. To find out if we can help you, we ask questions and listen.
- Second Visit. We’ll report what we found and answer all your questions.
- Regular Visit. A typical visit will be much shorter, but just as importan
What If The Police Gave Everyone A Ticket? April 6, 2009
Posted by Attorney Jonathan Groth in Motorcycle Collisions, Personal Injury Law, Wisconsin Auto Accidents.Tags: at fault, wisconsin personal injury, Wisconsin Personal Injury Attorney
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Phil Berenz of www.counseloroffices.net (an Illinois Attorney) wrote a good blog post on what happens when the injured party who was not a majority at fault receives a ticket. I get this question a lot. Let’s say the police give tickets to both drivers who are involved in an auto accident. In Wisconsin this fact is NOT admissible at trial. The jury isn’t going to hear about the tickets. Why? Because it is up for the Jury to decide negligence, period. The fact that a police officer gave a ticket may influence the jury one way or another. So, a judge won’t allow the parties or police officer to talk about tickets.
Check out Phil’s blog. He is a good guy and good attorney. Here is his opinion on Illinois’ trial practice.
Many individuals who are in accidents often ask me whether the jury will hear that the defendant received a ticket in relation to the accident. They would love for the jury to hear that! They are often surprised to hear me say “absolutely not.” In fact, I tell them that the Judge–prior to the trial even beginning–makes decisions on whether such issues will ever be heard by the jury. These decisions by the Judge are based on what are known as “Motions in Limine.” Motions in Limine are specific requests brought by both parties to prevent the mention of, question of, reference to, inquiry of, suggestion of–directly or indirectly–certain evidentiary issues. The rationale for excluding certain issues such as traffic tickets is, among other reasons, to prevent unfair prejudice to a party. Defendants routinely demand that evidence of traffic tickets be excluded from admissibility before the jury unless, generally speaking, a proper foundation is made as to a defendant pleading guilty (as opposed to being found guilty) and a certified copy of the guilty plea being made available at trial time. Even then, there is no guarantee a Judge will allow a guilty plea to a traffic ticket to be heard by the jury depending upon the specific circumstances of the situation. If the Judge rules that no evidence of traffic tickets will be admissible and a plaintiff (or his attorney or potentially other witnesses) mentions the ticket, the defendant’s attorney will most likely move for an immediate mistrial!
If you have questions about an accident where you were not at fault but received a ticket or whether someone is simply “at fault” in Wisconsin feel free to contact me. I’d be happy to discuss your situation.
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Wausaukee, Kenosha, Janesville and Wauwatosa.
Speed Defeats Right of Way March 24, 2009
Posted by Attorney Jonathan Groth in Drunk Driving, FAQ Personal Injury, Personal Injury Law, Wisconsin Auto Accidents.Tags: Drunk Driving, Personal Injury Law, wisconsin personal injury, Wisconsin Personal Injury Attorney, wrongful death
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A Marinette, Wisconsin man was driving on U.S. 41 when a car pulled onto the highway. The Marinette man struck this vehicle. The Marinette man survived. Everyone in the other vehicle died.
If this is all you heard you may say that the other vehicle was at fault. Why didn’t they see the Marinette man’s vehicle? They should have yielded the right of way to the vehicle on U.S. 41.
In Wisconsin “speed defeats right of way.” So, if you are speeding on the road and another car pulls out in front of you, guess what? You, the speeder, are at fault.
That is what happened in this case. Plus, I should mention that the Marinette man was intoxicated. An accident reconstruction specialist estimated the Marinette, Wisconsinite was driving between 77 and 81 in a 45 mph zone.
The Marinette man killed the driver of the car, his three daughters (two were pregnant so two kids were killed) and his son.
The Marinette man was allegedly at a bar where his wife worked for 9 hours prior to the crash. He told the police that he was distracted when the collision occurred. He was changing the radio station in his car.
Read the AP’s full story at jsonline.com.
If you have questions about an accident involving a drunk driver or whether someone is “at fault” in Wisconsin feel free to contact me at 800-950-9882. I’d be happy to discuss your situation.
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Wausaukee, Kenosha, Janesville and Wauwatosa.
