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Who Is Your Lawyer? February 18, 2009

Posted by Attorney Jonathan Groth in Personal Injury Law.
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This is a quick post and more of a reminder than anything else.  Before you hire your attorney check out their references.  Avvo.com or other rating services are good to visit.  But, you may want to go straight to the source.  In other words, check out the state’s lawyer regulation office.  In Wisconsin it is called the Office of Lawyer Regulation.

You can click on the link to see which lawyers currently have pending disciplinary matters pending.  Also, you’ll be able to read decisions from the Wisconsin Supreme Court.

Take The Time To Read Your Policy February 17, 2009

Posted by Attorney Jonathan Groth in FAQ Personal Injury, Personal Injury Law.
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John Bryan a West Virginia Car Accident Attorney recently wrote about the effect of your personal auto policy on a rental car.  In short, he reminds everyone that just because you have auto insurance this does not mean your policy will cover you when you rent a vehicle.

Many of the policies out there cover rental cars being driven if their primary vehicle has broken-down or is otherwise being worked-on or out of commission.  However, many of those same policies do not cover rental cars being driven if the policyholder’s primary vehicle is operational – for instance if you rent a car while on vacation.  This means that if you choose not to purchase the insurance on the rental car and you are involved in an accident, you may be liable to the rental car company for the complete property damage to the rental car.  This is because you will be signing a contract with the rental car company agreeing to pay for any property damage that is not covered by insurance.

Before you rent a vehicle make sure you’ve read your auto insurance policy to see whether you have coverage.  Believe me, the last thing you want is to be driving around without any car insurance.

Distracted Drivers February 12, 2009

Posted by Attorney Jonathan Groth in Personal Injury Law, Wisconsin Auto Accidents.
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I’ve emailed comments on a couple list serves about my opinion on what set of facts would allow punitive damages in Wisconsin.  In Wisconsin, the standard is set forth in the Strenke decision.

The majority opined:

In response to the issues presented, we conclude that
a person acts in an intentional disregard of the rights of the
plaintiff if the person acts with a purpose to disregard the
plaintiff’s rights, or is aware that his or her acts are substantially certain to result in the plaintiff’s rights being disregarded. Furthermore, we determine that a defendant’s conduct giving rise to punitive damages need not be directed at the specific plaintiff seeking punitive damages in order to recover under the statute.

I’ve been thinking about this language as it applies to drivers on cell phones.  The National Safety Council has a few studies about cell phone ban laws across America.  According to nsc.org:

Driver inattention is a leading cause of traffic crashes, responsible for about 80 percent of all collisions, according to the National Highway Traffic Safety Administration (NHTSA).

Check out the link and especially the videos of the drivers who are on their cell phones.   I argue that each one of those drivers were very aware of the risks of driving while on a cell phone  (this applies to driving while texting too).  If they were aware of the risk doesn’t it follow that the punitive damages law would apply to their actions?

Is that a bad thing?  Punitive damages are meant, in part, to prevent individuals and corporations from acting in a manner that will cause harm to others.  So, don’t drive while on your cell phone, or buy a bluetooth headset.

  I’d like to know your thoughts.

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.

Thank You February 11, 2009

Posted by Attorney Jonathan Groth in Personal Groth.
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I’m not in the office today.  I’d like to take this time to remind everyone to thank those who serve(d) in the military. To them we owe our freedom.

Let us show them by our actions that we understand what they died for.

What Your Case Might Look Like? February 10, 2009

Posted by Attorney Jonathan Groth in FAQ Personal Injury, Personal Injury Law, Wisconsin Auto Accidents.
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For those of you who have not been through a civil jury trial I recommend checking out Miller and Zois, LLC’s links to an entire auto accident jury trial.

According to Miller and Zois, LLC the facts are:

The case deals solely with the question of who was negligent in the car accident. The plaintiff alleged that a tanker-trailer carrying fuel oil cut him off in traffic, causing him to swerve into the adjacent lane, where he was struck from the rear by another vehicle.  He filed suit against the owner of the tanker truck and the driver of the vehicle that struck him from the rear.  The defendants claimed that plaintiff was responsible for the car accident. The case was tried on the issue of liability only, pursuant to a stipulated verdict agreement.

It’s a great thing to read if for no other reason than to get a feel for what happens.  Now it isn’t exactly what will happen in Wisconsin but it’s close enough.  Also, because damages are stipulated, the length of the trial is a little shorter than “normal.”

Anyway, if you are an injured victim and considering whether to hire an attorney read the transcript and bring those questions to your attorney.  Like I’ve said in earlier posts I really appreciate it when client’s come with questions about the civil litigation process.

In my experience the more a client is “in the know” the happier the client (and lawyer).

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

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

Chippewa Falls Dog Attack February 9, 2009

Posted by Attorney Jonathan Groth in Dog Attack Information, Personal Injury Law.
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According to reports a 68 year old woman was attacked by a pack of dogs near her home.  From the report it appears that the dogs acted with a pack mentality.  The four dogs attacked her as she walked along the road.  They then dragged her into a ditch.  She is in critical condition after surgery.

The dogs were a mix of the Labrador and German Shepherd breeds.

This is a good time to review Wisconsin’s dog bite law.   I’ve linked to and posted Wisconsin’s Dog Bite Law (Sec. 174 Wis. Stats.)

When a dog causes injury to a person for the first time (”without notice”):

“the owner of a dog is liable for the full amount of damages caused by the dog injuring or causing injury to a person, domestic animal or property.”

When a dog owner knows that a dog has caused injury in the past and the dog causes injury again (”after notice”):

“the owner of a dog is liable for 2 times the full amount of damages caused by the dog injuring or causing injury to a person, domestic animal or property if the owner was notified or knew that the dog previously injured or caused injury to a person, domestic animal or property.”

If you have questions about the Dog Bite Law in Wisconsin feel free to contact me at 800-950-9882.  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 Cascade, Lomira, Janesville and Wauwatosa.

Quoted February 5, 2009

Posted by Attorney Jonathan Groth in Personal Groth.
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I guess I was quoted in a couple legal publications. 

Thanks to whoever decided to publish this.  I appreciate the publicity!

 

http://www.jonpgroth.com

On A Lighter Note February 4, 2009

Posted by Attorney Jonathan Groth in Wisconsin Auto Accidents.
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Auto accidents are serious matters.  Especially when people are seriously injured.  

But, once in a while we have to find something to laugh about.   I found this bunch of pictures of, what appears to be, mostly single car collisions.  My favorite is “Class Is Cancelled.”

 

Class is Cancelled Car accidenet photo

Class is Cancelled car accidenet photo. I think this is a good example of an understatement.

 

 

Thanks Dark Roasted Blend for compiling these.   The tag line of the blog post sums it up best:  “Nothing is as fascinating as an unexplained accident.”

Contact Sport Injury February 4, 2009

Posted by Attorney Jonathan Groth in FAQ Personal Injury.
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Cheerleading is a contact sport. 

So says the Wisconsin Supreme Court.  So, what does this mean for teenage girls across Wisconsin?  Well, you can’t sue another cheerleader if you are injured in the act of leading cheers. 

This decision was the first of its kind.  It came not too long after a study that says that cheerleading is the most dangerous sport. 

So, what does this mean for those injured in the same manner as Brittany Noffke?  Parents make sure you have good health insurance, discuss the risks with your child and have good long talk with the coach about safety during practice.

Worker’s Compensation in IL February 3, 2009

Posted by Attorney Jonathan Groth in FAQ Personal Injury, Personal Injury Law.
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I receive a bunch of worker’s compensation questions.  I don’t handle 1st party worker’s compensation cases.  I do handle 3rd party claims.  

For example, if you are injured at work after falling over a couple cords that a co-worker left on the ground – that is a 1st party claim.  If you are injured at work because a worker from a entirely different company dropped a hammer on your arm – that is a 3rd party claim.   (I actually handled a claim similar to the case…my client was lucky the hammer didn’t hit him in the head). 

Anyway, there are a bunch of sites out there with good info about the worker’s compensation law.  I’m lucky to have some good friends in Illinois who update me on their worker’s compensation law.  

Today I found a blog that discusses Illinois’ workers compensation laws. 

Check it out here.