Thanks Super Lawyers and Rising Stars November 20, 2008
Posted by Attorney Jonathan Groth in FAQ Personal Injury.add a comment
Law and Politics Magazine just released its annual edition covering those lawyers chosen by their peers as either Super Lawyers or Rising Stars. Super Lawyers are those lawyers practicing law for 10 years or more. Rising Stars are under 40 years old or have practiced law for less than 10 years. No more than 2.5% of lawyers in the state are named Rising Stars.
I am thankful that my peers selected me as a Wisconsin Rising Star.
Who Is Responsible for Little Jimmy? November 20, 2008
Posted by Attorney Jonathan Groth in FAQ Personal Injury, Personal Injury Law, Wisconsin Auto Accidents.Tags: Personal Injury Law, Wisconsin car accident lawyer, wisconsin personal injury
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So, who should you sue if a minor caused a collision? Well, according to Wisconsin law Section 343.15(2)(b)
(b) Any negligence or willful misconduct of a person under the age of 18 years when operating a motor vehicle upon the highways is imputed to the parents where both have custody and either parent signed as sponsor, otherwise, it is imputed to the adult sponsor who signed the application for such person’s license. The parents or the adult sponsor is jointly and severally liable with such operator for any damages caused by such negligent or willful misconduct.
What does this mean? If anyone under the age of 18 causes a car accident a plaintiff in Wisconsin should first worry about finding an insurance company to name in the Summons and Complaint. Then name the negligent child along with both parents. Leave enough time in before the statute of limitations runs to allow for discovery to know exactly who are the “proper” parents or sponsor per statute.
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.
Talk to Your Personal Injury Attorney Before You Sign the Retainer November 18, 2008
Posted by Attorney Jonathan Groth in Dog Attack Information, Drunk Driving, FAQ Personal Injury, Motorcycle Collisions, Personal Injury Law, Wisconsin Auto Accidents.Tags: FAQ Personal Injury, hiring a lawyer, Personal Injury Law, Wisconsin Personal Injury Attorney
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The PersonalInjuryLawyerMichiganBlog.com has a good post about talking with your soon-to-be personal injury lawyer. According to this blog here are a few things to watch for:
- Fees. How much is the lawyer going to take of the settlement? It shouldn’t be an excessive amount.
- Honesty. Do you get a sense he is over inflating your potential award settlement or chance of winning to get you as a client? Like the saying goes, if sounds good to be true if probably is. That’s not to say that you don’t have a good case, but an experienced lawyer knows that most companies won’t sit quietly by as you sue them. He or she should let you know honestly what to expect.
- Quality. Does your lawyer answer all your questions so that you understand them or do you feel rushed through? You want to work with someone who is willing to get all the details and to work with you to get what you deserve. You don’t want a lawyer with a thousand clients, giving a half effort because he’s happy if a few of the lawsuits get paid.
Believe me, if you go to your initial meeting with a personal injury attorney with a list of questions and a trusted friend or family member in tow it will be a good/productive meeting. I see it as refreshing not insulting.
Hiring a personal injury attorney is a big decision. Be sure to google search the attorney. Look up their rating, cases and lawyers in the office or office share.
The more information the better.
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Shawano, Algoma, Kenosha and Wauwatosa.
What Safety Features Would a Personal Injury Attorney Look for In a Vehicle November 17, 2008
Posted by Attorney Jonathan Groth in FAQ Personal Injury, Motorcycle Collisions, Wisconsin Auto Accidents.Tags: motor vehicle collision, wisconsin personal injury, Wisconsin Personal Injury Attorney
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H/T to Attorney Michael Pines for this blog topic.
I agree with his 7 points:
1. High Crash Test Scores: Almost all motor vehicle makes and models for sale in the United States are supposed to undergo a series of crash tests conducted by the National Highway and Traffic Safety Administration (NHTSA). The most important crash ratings to look for are those for front and side car crashes and rollover resistance, as most serious injuries occur as a result of these types of auto accidents.
2. Antilock Braking System: When used properly, these new brake systems should allow for shorter stopping distances on slippery roads, and maintenance of steering control. They are also important in preventing vehicles from hydroplaning, which could potentially prevent a serious car accident.
3. Side-Impact Airbags:Front driver and passenger airbags are now required in all makes and models of vehicles as a necessary safety feature. Additionally, many makes and models of vehicles also include side-impact and side curtain airbags as well. Side-impact airbags are very important for protecting the torso of the occupants since there is no crumple zone to absorb the shock from a side auto accident collision. Therefore, these airbags have been proven to save many lives in side auto accident collisions and are a very important safety feature in all vehicles.
4. Side Curtain Airbags: Not to be confused with side-impact airbags, which protect the torso, side curtain airbags are intended to protect the head and neck from serious injury in a side collision car accident. Again, there is not as much crumple zone to absorb the shock of side collisions, so side curtain airbags are very important, and are becoming a standard feature in most makes and models of vehicles.
5. Rear-Parking Sensors:Especially important on larger vehicles such as trucks and SUVs, which provide larger rear blind spots, these sensors are especially useful in detecting objects as well as small children who may not be visible through the rear window or rear-view mirror. Many vehicles are now also coming equipped with rear cameras, which have already proven to be helpful in preventing a number pedestrian and car accidents.
6. Good Tires:While this may seem like an obvious statement, many people tend to overlook the safety advantages of well-maintained tires. Bad tires have been proven to be a major cause of many preventable auto accidents. Be sure to have your tires rotated, properly inflated air pressure, and replaced regularly to ensure maximum safety. Also, it is a good idea to examine the tire’s brand. As car accident lawyers, we remember the terrible auto accidents that occurred with Firestone/Bridgestone tires just a few years ago.
7. Cargo Netting or a Cargo Cage: Many injuries in car accidents result from objects inside the vehicle striking the occupants and causing bodily harm. Cargo nets can help to reduce and even prevent these types of injuries that can occur when involved in an auto accident.
Before I purchase a car, I go to the NHTSA’s website and do a search. Safety is our first concern (to quote Thomas the Train’s Sir Topham Hatt).
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Waukesha, Beloit, Kenosha and Wauwatosa.
Bisphenol A (BPA) More Prevelant Than You Think November 16, 2008
Posted by Attorney Jonathan Groth in FAQ Personal Injury, Personal Groth, Personal Injury Law.Tags: Bisphenol A, BPA, BPA Free, infant safety
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The Milwaukee Journal Sentinel’s lead story today talks about Bisphenol A (BPA). I bet most people without kids aren’t aware of the controversy over BPA. Long story short, there is a concern over BPA’s effect on fetal and infant brain development and behavior.
In April, 2008 Canada stated it intended to ban the sale, import and advertisement of baby bottles containing BPA. Since then there has been scores of stories and reports on the dangers of BPA and the prevalence of BPA.
There are two sides to every story. Here is the Food and Drug Administration’s official statement:
FDA is not recommending that anyone discontinue using products that contain BPA while we continue our risk assessment process. However, concerned consumers should know that several alternatives to polycarbonate baby bottles exist, including glass baby bottles
Today’s story is news because it highlights some of the common household items that contain BPA. And the report that simply microwaving or dishwashing items with BPA releases the chemical.
The story reports:
Products marketed for infants or billed as “microwave safe” release toxic doses of the chemical bisphenol A when heated, an analysis by the Journal Sentinel has found.
Read the story and check out the pdfs attached. But, like always, be sure to read it carefully. The pdf entitled “How to avoid bisphenol A” talks about the relative safety of plastics marked with 1 PETE, 2 HDPE, 4 LDPE, and 5 PP describing them as “safer.”
Yet, the story on JSOnline.com states:
Food companies advise parents worried about BPA to avoid microwaving food in plastic containers, especially those with the recycling No. 7 stamped on the bottom.
But the Journal Sentinel’s testing found BPA leaching from containers with different recycling numbers, including Nos. 1, 2 and 5.
Check out your kitchen cupboards. We bought glass bottles for our little one. Why take the risk?
UPDATE: Check out this US News Article from September about how to avoid BPA.
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.
From A Juror’s View November 14, 2008
Posted by Attorney Jonathan Groth in Personal Injury Law.Tags: Personal Injury Law, Wisconsin Personal Injury Attorney
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Everything is a matter of perspective. From my perspective I’d love to be a juror. I’d get to see the “inner workings” of the jury’s deliberation room. I think most litigators read everything they can about juror behavior (and human behavior for that matter).
The New York Personal Injury Blog has a good post about a juror’s experience. The juror just happens to be the attorney’s wife. Take note of the comments in italics. Attorney Turkewitz makes some very good points.
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Janesville, Athelstane, Sheboygan and Wauwatosa.
How Insurance Companies Deny, Delay, Confuse and Refuse November 13, 2008
Posted by Attorney Jonathan Groth in FAQ Personal Injury, Personal Injury Law, Wisconsin Auto Accidents.Tags: Allstate Insurance, insurance settlement, Wisconsin Personal Injury Attorney
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A new report discusses how insurance companies make their money. This shouldn’t be a surprise. They take in as much as they can in premiums and pay out as little as possible in claims.
The problem is with some of the tactics that insurance companies use. Here is an example:
Farmers, was in the business of
denying claims as a way to boost its bottom
line. Farmers even ran an employee incentive program,
“Quest for Gold,” that offered incentives, including $25
gift certificates and pizza parties, to adjusters who met
low payment goals. One Farmers’ executive told claims
representatives to stop paying claims, saying, “Teach
them to say, ‘Sorry, no more,’ with a toothy grin and mean it.”
Insurance companies are supposed to act in good faith with their insured and on behalf of their insured when dealing with someone their insured injures. Arbitrary denials and low offers for no reason are not good faith.
Read the report. You’ll get a feel for what personal injury attorneys deal with day in and day out. You’ll understand why Allstate, Farmers, Progressive et al get on our nerves.
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Milwaukee, Milton, Kenosha and Wauwatosa.
Technology and the Personal Injury Lawyer November 12, 2008
Posted by Attorney Jonathan Groth in Drunk Driving, Personal Injury Law.Tags: Drunk Driving, wisconsin personal injury, Wisconsin Personal Injury Attorney
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I was recently introduced to Lawyers Weekly USA. They wrote an article about investigating social networks in civil cases. If you scroll down this page you’ll see my previous post on this topic.
I’m not surprised that this has become a “hot topic.” I can’t stress enough how important it is for personal injury attorneys (or any litigator for that matter) to be aware of today’s technology. How long does it take type a name in google and yahoo?
Liability disputes in car accident cases and especially drunk driving cases are ripe for social network investigation. If someone is drunk and causes a car accident it is important to know if they had a history of drunk driving. Was that drunk driver aware of the potential harm they could cause by getting behind the wheel while drunk again? Comments on their blog or myspace page are important to discovery before filing a lawsuit. It could mean the differnence between filing a claim for only compensatory damages or adding a claim for punitive damages.
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.
Put Pen to Pad November 11, 2008
Posted by Attorney Jonathan Groth in FAQ Personal Injury.Tags: wisconsin personal injury, Wisconsin Personal Injury Attorney
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It’s kind of a lost art. Our hectic lives don’t lend themselves to taking a few moments out of the day to write things down. This post makes a good point about the benefits of putting pen to pad.
This applies to personal injury law. In some cases the process of healing can take months or longer. What happens when a doctor tells an accident victim to take medication and “see me in a few weeks.” In this case it is very important to write down, on a daily basis, how injuries affect every part of the day. As an injury victim you are your best advocate to your physician. So, write down the problems in order to remember them for the next time you see your doctor.
It’s also wise to keep a journal/diary in case the insurance company takes a hard stance and a law suit must be filed. The website I mentioned says:
The very act of writing things down helps to get them lodged into your long-term, not short-term, memory.
If a case goes on for a while because the insurance company is being unreasonable wouldn’t it be wise to make sure that the victim remembers how they felt soon after the collision?
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in West Allis, Crivitz, Plymouth, and Germantown.
If you’d like to submit a question or case please complete a case submission form.
Social Networks and Personal Injury Law November 10, 2008
Posted by Attorney Jonathan Groth in FAQ Personal Injury, Motorcycle Collisions, Wisconsin Auto Accidents.Tags: Wisconsin Auto Accidents, wisconsin personal injury, Wisconsin Personal Injury Attorney
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Trialtechview.com blogged about social networking sites and child custody cases. This advice also applies to personal injury law. I’ve found a lot of information about at-fault drivers on their Myspace pages. People like to talk. Young people especially seem to think that they are talking only to their friends. So, you’ll find a lot of information that is usually only shared in the confines of a locker room or in their high school hallways.
In short, don’t just have an investigator get statements from witnesses of a collision. Check out google’s blog search, myspace and facebook for other information. Also, set up a google alert for any key names or unique information. You’ll be surprised what you find. I was!
I don’t want to share too many of my tricks of the trade on this blog. Give me a call or send an email and I’ll be happy to give some more advice.
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