Should I Stop Going to the Doctor? May 5, 2008
Posted by Attorney Jonathan Groth in FAQ Personal Injury, Personal Groth.Tags: auto accident, medical care, motorcycle accident, Wisconsin car accident lawyer, Wisconsin Personal Injury Attorney
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You’d be surprised how many times I hear this question. My usual follow up question is, “Are you still in pain?” When the answer is “Yes” I respond with “Yes, go to the Doctor to make sure: everything is going as planned/doesn’t get worse/you don’t need to do more or less.”
Many people feel guilty about going to the doctor. They don’t want to take up the doctor’s valuable time. “Someone else might be injured worse than me.”
When you are involved a car accident, motorcycle collision or some other injury the law in Wisconsin says that you need to be put back into the position you were before the collision. The way we can tell whether you are getting better or how to value your injury is by reviewing the medical records. Doctors help injured people. If you don’t go to the doctor to get better and to follow up with your injuries then how will anyone know if you could have gotten better or if you may get worse.
In short, go to the doctor if you are having problems. Doctors are here to help. Let them.
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Mukwanago, Waukesha, Lena and Two Rivers.
Ever Hear Of A Designated Driver? May 4, 2008
Posted by Attorney Jonathan Groth in Personal Groth.Tags: auto accident, designated driver, Drunk Driving, personal injury
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I’ve written before about the doctor from Oconomowoc (Mark Benson) who drove while intoxicated and killed and injured innocent victims. The blogosphere has taken off with opinions about what should happen. The former doctor’s photo and criminal case has been plastered over our TVs. Because of the publicity he will hopefully get the prison time he deserves.
Not to be a pessimist here but what about the next “Mark Benson.” Do we have the fortitude to stop ourselves?
I just read the latest Time mazagine and noticed on page 26 that “9% of U.S. adults” believe they have driven while over the legal blood-alcohol limit in the past month. There was a recent article about this in the Journal Sentinel. Wisconsin, of course, was among the leaders whose citizens drink and drive.
Take this advice. If you spend the money to drink, spend the money for a cab ride home. Spend some money calling a friend to pick you up. Take the bus. Walk!
It is events like these that force the issue. Hopefully, people will think twice before joining the 9%.
2 Strikes? 4 Strikes? 6 Strikes? More? May 1, 2008
Posted by Attorney Jonathan Groth in Personal Groth.Tags: car accident, Drunk Driving, punitive damages, wrongful death
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Who in Wisconsin’s Legislature is tough on drunk driving? I’d like to know.
Personally, I don’t believe someone should be given the opportunity to cause a car accident after numerous convictions for drunk driving. Isn’t that just common sense? I think I am in the majority of public opinion on this issue. Aren’t I?
If the majority of Wisconsin’s citizens agree then why doesn’t the Legislature do something? Why let a drunk driver back on the road after numerous convictions? Why not take him out of society? A place called prison.
I admit this post is chock-full of indignation. Recently, in Oconomowoc (Waukesha County) a “Doctor” (former M.D.: he had his license pulled for drug abuse and writing fake prescriptions) was driving while under the influence of Oxycodone, Ambien and Xanax and killed a teacher, her young daughter and her unborn child, not to mention sending others to the hospital with injuries.
The Journal Sentinel uncovered that Mark Benson had a history of driving while intoxicated dating back to 1993. In fact, he was in court for drunk driving just a few days prior to the vehicular homicides.
Also, Mark Benson did NOT have auto insurance OR a license [UPDATE: 9-26-08 According to Mark Benson’s brother he DID have insurance]. So, I ask again, who in the legislature is tough on crime? Will this finally be the wake up call to put drunk/intoxicated drivers behind bars?
Sadly, because the criminal system failed, the only solace for the victims of this collision may be in civil court. The criminal court system failed by not putting Mark Benson in prison, now the family of the victims will only be able to get monetary compensation for the loss of their loved ones. Hopefully, they will hire a personally injury attorney that IS tough on drunk drivers and does everything in his/her power to punish Mark Benson. If anyone asks why there is a need for punitive damages just point them to this case.
Maybe … hopefully a Judge will put Mark Benson behind bars and he will pay his debt to society. Hopefully, someone will take Mark Benson to civil court so he pays his debt to the victims.
Pit Bulls: Man’s Best Friend? Probably Not. April 28, 2008
Posted by Attorney Jonathan Groth in FAQ Personal Injury.Tags: dog bite, Personal Injury Attorney, Pit Bull Ban, Pit Bull Dog Bites, Wisconsin Dog Bite Attorney, Wisconsin Dog Bite Law, Wisconsin Dog Bites, wisconsin personal injury
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Pit Bulls, American Staffordshire Terriers, Staffordshire Terriers or just plain Pits. Whatever they are called most often it is preceded by “I just got bit by a…” At least that is how most dog bite phone calls to my office begin.
Recently I have had a great number of phone calls from victims of Dog Bites in Wisconsin. Pit Bull bites to be exact. Don’t get me wrong, I have handled cases where Golden Retrievers, German Shepherds, Labs and other dogs bite. But, the breed of dog that has bit my clients the most is probably Pits or Pit mixes.
So, when I read the article this morning about the Village of Arpin (Wood County, Wisconsin) banning Pit Bulls and Pit Bull mixes I was not surprised.
Honestly, I don’t have a problem with this. It’s our government at work (i.e. Federalism). Local governments doing what they think is right for their community. Arpin can’t ban Pit Bulls in Waukesha. And Waukesha can’t ban German Shepherds in Arpin. But, Arpin certainly can protect its citizens from what they see as a dangerous animal.
After listening to the calls I’ve recently heard about Pit Bull dog bites I’d probably feel a little safer vacationing in Wood County this summer.
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Muskego, De Pere, Oconomowoc and Portage.
Why do you have to order medical records and bills? April 26, 2008
Posted by Attorney Jonathan Groth in FAQ Personal Injury.Tags: auto accident, Certified Medical Records, personal injury, wisconsin personal injury
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I hear this question quite often. It’s ususally followed by, “Why can’t I just go to my doctor’s office and get them.”
Honestly, you can. I’ve had clients get their own medical records. But, I only recommend a client get their own medical records with our help. Why? Because we always ask for “certified” medical records.
Certified medical records are needed if you go to trial. So, instead of ordering “regular” medical records (and getting charged for them) and then having to order “certified” records later on (and getting charged for them), we just ask for certified records right away.
Personal injury attorneys pay the costs of these records. We only get paid back for these costs if we recover compensation for the injured victim. We don’t charge interest on these costs.
Personal injury law is all I do. I’ve found this is the best way to make sure we know about your injuries in order to get full compensation AND to streamline your case so this compensation is obtained as soon as possible.
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Milton, Oconto, Sturgeon Bay and Jefferson.
Why Hire A Personal Injury Attorney? April 21, 2008
Posted by Attorney Jonathan Groth in FAQ Personal Injury.Tags: Allstate Insurance, attorney, auto accident, hiring a lawyer, motorcycle accident, personal injury
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I think personal injury attorneys are asked this question more than any other. It’s a legitimate question. Injury attorneys in Wisconsin usually charge a contingent fee of 1/3 of the settlement or verdict in addition to costs. Why hire a plummer if you can fix your leaky faucet yourself?
Surprisingly, Allstate Insurance has helped answer the question. Allstate’s own website states “represented claims settle for 2-3 times more than unrepresented claims.” (See page C000011298). Allstate goes on to urge their adjuster to convince injured victims to NOT hire an attorney.
Why do represented victims of car accidents, motorcycle accidents or other personal injury matters recover more than unrepresented victims? I’d like to this because personal injury attorneys know the law and won’t leave any stone unturned. The right Personal Injury Attorney will make sure that the injured person receives the compensation they are due. Take a look at my earlier comments about what a case is worth.
Kudos to Illinois Attorney Howard Zimmerle for finding this information.
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in West Allis, Crivitz, Plymouth, and Germantown.
The Difference Between Pre-Suit Negotiations and a Lawsuit April 20, 2008
Posted by Attorney Jonathan Groth in FAQ Personal Injury.Tags: car accident, Lawsuit, Negotiations, personal injury, Personal Injury Lawsuit, Wisconsin Personal Injury Attorney
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A few weeks ago I mentioned the difference between pre-suit settlement negotiations and a lawsuit. In short, hiring a lawyer does NOT mean that you have “filed a lawsuit.”
When you are involved in a car accident or other personal injury matter you usually hire an attorney soon after the collision/incident. Again, usually the victim of the car accident/personal injury is continuing to go to the doctor and the true extent of the injuries are not known (i.e. residual pain, whether bones completely heal or whether other future treatment is needed). When a victim hires a lawyer this does NOT mean that a lawsuit has been filed.
In Wisconsin, a lawsuit is filed when a Summons and Complaint are filed with a County’s Clerk of Courts. Along with the Summons and Complaint a fee, set by the county, must be paid. After the Summons and Complaint are filed and the fee is paid these documents must be served on the defendant(s). From the date of this filing, depending on the County, it may take up to 1-2 years before the victim of a car accident’s case is decided by a jury.
When a lawsuit is filed a Judge is assigned to the case. One of the first things the Judge will do is schedule a hearing date to set the Schedule for the case. At this point the Judge and Attorneys set deadlines for witnesses, depositions, expert doctor reports and motions. (If a lawsuit were filed immediately after a collision it may be difficult to make sure that the injured victim gets full compensation allowed by law for all of his/her injuries given the Schedule set by the Judge. In addition, once the lawsuit is filed the costs of the case can increase drastically.)
The odds of a personal injury victim having to file suit are low. On average, maybe 90% of personal injury cases that I have handled settle before having to file a lawsuit.
In the end, that may be the benefit of hiring a lawyer. You’ll have someone fighting for you from day to ensure you get the compensation that Wisconsin Law allows. If need be you’ll have an advocate in court. But, the odds are that the lawyer will help you avoid going to court to get compensation for your personal injuries.
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Fond du Lac, Sheboygan, Janesville, Kenosha and Wauwatosa.
184 Drunk Drivers April 18, 2008
Posted by Attorney Jonathan Groth in Personal Groth.Tags: Drunk Drivers, Wisconsin Personal Injury Attorney
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According to the Wisconsin Department of Transportation 184 people in Wisconsin in 2007 were convicted of either their 7th, 8th or 9th drunk driving offense. Twelve people were convicted of their 10th or more. It sounds like the State Legislature is a little behind the times. They are just now making these known criminals spend more time in prison for these extremely offensive crimes.
Your Health Insurance’s Right to Subrogate Your Personal Injury Case April 18, 2008
Posted by Attorney Jonathan Groth in FAQ Personal Injury.Tags: auto insurance med pay, car accident, health insurance, Lien, motor vehicle collision, motorcycle accident, personal injury, Subrogation, truck accident
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The easy answer is: call your attorney as soon as you receive any documents from your health insurance, auto insurance or any government insurance (e.g. Medicaid or Medicare).
When someone is involved in an auto accident, motorcycle accident, slip and fall, truck accident or any personal injury for that matter their health insurance or auto insurance (med pay policy) will most likely have the right to get paid back from the at fault party.
The best I can describe it is: Let’s say you are driving your car and a tree suddenly falls onto the road in front of you. You hit the tree and are injured. No one is at fault for the collision. Your auto insurance policy (med pay) and health insurance will pay for the medical care. They don’t expect anyone to pay them back. (You can only sue God on shows like Ally McBeal or Boston Legal).
On the other hand if you are driving a car and are rear ended by someone else then someone IS at fault. The at-fault driver is responsible to pay your medical expenses (also see What is My Case Worth).
Your health insurance or auto insurance (med pay policy) will pay the bills as they come due. Your policy most likely says that they have a contractual duty to pay them. But, your policy also probably says that they will pay with the understanding that once you obtain a recovery from the at-fault party you will pay health insurance or your auto insurance’s med pay back.
In essence, they pay the bills so you can get the care you need. They pay the bills so the doctors don’t come after you directly. They pay the bills and then send “reminder letters” called Lien Letters or Subrogated Party letters to remind everyone that once the case is settled they want to get paid back.
I strongly encourage all of my clients to submit their bills to their health insurance first. Then, if they have co-pays or out-of-pocket expenses submit these amounts to their auto insurance (med pay).
You are probably wondering why the at-fault party doesn’t pay your medical expenses right away. Good question. I’ll discuss this later on. The short answer is that the at-fault party in a collision won’t pay until they receive re-assurance that they will never have to pay again (i.e. a signed release from the injured party). The at-fault insurance company almost never pays what they are responsible to pay until you are totally done treating. See my other entry about making sure the at-fault party pays what the laws says they must pay.
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Beloit, Marinette, Racine, Manitowoc and Wausaukee.
What Is My Personal Injury Case Worth? April 15, 2008
Posted by Attorney Jonathan Groth in FAQ Personal Injury.Tags: car accident, injury compensation, injury settlement, personal injury, wisconsin personal injury
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This is one of the most commonly asked questions from victims of car accidents, motorcycle accidents or other personal injury matters. Many times after trying to handle a case on their own someone will come to me and tell me what their health insurance paid, their wage loss and out of pocket expenses and say the insurance company wants to settle but they don’t know what the case is worth.
My most common answer is an honest one: I need more information. You see, we have to look at what the law says must be used to measure the losses associated with a car accident, for example. In Wisconsin the law says that if someone causes a collision then he/she is responsible for all damages by paying a fair amount of money. An accident victim must receive compensation for 1)past medical expenses, 2) past wage loss, 3) past pain suffering and inconvenience and other miscellaneousexpenses like mileage and damaged property. If the injuries are more serious (permanent injuries) then Wisconsin law states that the accident victim must receive compensation for 1,2 and 3 along with 4) future medical expenses, 5) future wage loss and 6) future pain suffering and inconvenience etc.
When potential clients ask what their case is worth it is difficult to give an education opinion. It depends on the injuries, types of treatment, duration of treatment, venue and other more personal questions.
For example, many personal injury victims don’t think to include mileage. Or victims include only what health insurance paid and NOT the actual medical bill from the medical provider. These items can often total large amounts of money that will change the compensation they are due under Wisconsin law.
I always tell potential clients that there is not an easy answer to this question. I can say that I’ll do my best to make sure that they receive full compensation under the laws of Wisconsin.
Later on I’ll talk about the difference between pre-suit settlement negotiations and a lawsuit. In short, just because you hire a lawyer that does NOT mean that you have “filed a lawsuit.” Actually the opposite is true. Hopefully, by hiring a lawyer you’ll avoid going to court to get compensation for your personal injuries.
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Waukesha, Milwaukee, Two Rivers, Oconto and Saukville.
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