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.
Very Disappointed – MPD November 4, 2008
Posted by Attorney Jonathan Groth in FAQ Personal Injury, Personal Injury Law.add a comment
An older woman just committed suicide. She jumped from a parking structure a few hundred feet from our office building. Please pray for this woman’s family.
It is unbelievable that this just happened. It’s one thing to read about stuff like this. It’s another to be an active spectator. She was obviously troubled and stood on the top of the parking structure for over 30 minutes before jumping into an alley.
I say “active spectator” because I called the police at about noon (12:01 according to the police). We noticed her about 11:57 but initially thought she was just standing on top of the parking structure smoking. I went and got some lunch and returned about 12:20. She was still there. When she straddled the guardrail I called the police again (maybe about 12:25 or so) The 911 dispatcher said an officer was already on the scene. We didn’t see any officers. But, our view of the inside of the parking structure is partially blocked.
I walked over to get a drink, came back to my office and didn’t see her anymore. I said something like “she’s gone”. Then, seconds later I got a call from a co-worker who said she jumped. I called the police again. A few minutes later the fire department, police detectives and a squad car arrived.
So, what took so long? I was just interviewed by a police officer. He said that the Milwaukee Police Department received a call about the situation BEFORE my initial call. That means that over 30 minutes transpired from the time the police were aware and the time she jumped.
The officer stated that dispatch initially didn’t say anything about the jumper being on TOP of the parking structure. Huh? Isn’t that a pretty important piece of information. I’d expect the dispatcher to tell the police on the scene the exact location (not to mention take notes of our conversation and tell the police what the caller said).
Why would it take 30 minutes to get to the scene? Unbelievable.
Now who knows whether the police would have been able to stop this woman. But, because it took them over a half hour to get to the scene we’ll never know.
UPDATE: The negotiator came to our office a few hours later. He talked to one of our staff and said that the police were looking for a person walking in the street. Allegedly someone called around the same time and said there was a pedestrian walking in the street. So, the police went looking for that person thinking it was the person who I called about. But, again, I called about a person who might “jump” from on top of a parking structure. How is that similar? Why didn’t the police just look up? Shouldn’t they check all leads? And, when I called back the second time about the person on top of the parking structure why did they say someone was on the scene when they were not. I guess at that point the police were looking for a pedestrian NOT a jumper. Unbelievable.
Wisconsin Solo and Small Firm Conference October 23, 2008
Posted by Attorney Jonathan Groth in FAQ Personal Injury.Tags: attorney, CLE, Wisconsin Personal Injury Attorney
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It’s time for the WSSFC in Wisconsin Dells, Wisconsin. Check out the website for more information.
Some of the headliners are Kevin O’Keefe, Laurel Bellows, and Connie Kilmark.
It’s a three day conference and covers a ton of different topics. Check it out. If you are going then I’ll see you there (I’m speaking Friday afternoon). If you forgot to register and want to come on by please do. Otherwise, put it on your calendar for next year!
Creativity October 17, 2008
Posted by Attorney Jonathan Groth in FAQ Personal Injury.Tags: attorney, Marquette University Law School, Wisconsin Personal Injury Attorney
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A fellow Marquette alumnus emailed me with some kind words and a link to his blog. I think you should check it out. It’s called The Profit Power of Creativity.
In my “trial lawyer world “creativity is a huge asset (now that I think of it where is creativity NOT an asset). When you can think outside the box (while staying within the confines of the law) this job is more fun and more profitable.
Take a look at Mark’s blog and take his advice. We need more crab apples in the world.
You’re Not Always in Good Hands October 13, 2008
Posted by Attorney Jonathan Groth in FAQ Personal Injury.Tags: Allstate Insurance, car accident, hiring a lawyer, injury settlement, insurance settlement, Personal Injury Attorney, Wisconsin Personal Injury Attorney
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Either take less money or wait years until Allstate is forced to settle. That is what has been reported about Allstate’s claims practices. (Remember the ad: when you have Allstate Insurance you are “Always in Good Hands”).
Yesterday, I was talking with a friend whose client was hesitant to hire a personal injury attorney. Simply asking the powerful question, “Why?”
I think the answer to “Why hire an attorney” is answered in that story. It discovered a few things about Allstate’s injury claims:
First, the company evaluates claims with a computer program designed to reduce payouts by as much as 20 percent of what the company once paid for the same injuries.
Second, Allstate pushes policyholders to accept quick settlements without the help of lawyers. Policyholders who try to fight for more money face Allstate attorneys coached to refuse to negotiate and to drag out litigation.
A former Allstate attorney described their tactics:
They put pressure on people by establishing that they are a bully in the market.
I recommend you read the article or other blogs about the article. Many other insurance companies are now using Allstate’s computer program or programs just like it. If you have any questions about their tactics feel free to post a comment or contact me.
Don’t forget to read my previous post entitled “Why Hire a Personal Injury Attorney.”
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in West Allis, Crivitz, Plymouth, and Germantown.
800,000 Dog Bite Victims Need Medical Attention Annually October 9, 2008
Posted by Attorney Jonathan Groth in FAQ Personal Injury.Tags: dog bite, rottweiler dog bite, Wisconsin Dog Bite Attorney, Wisconsin Dog Bite Law, Wisconsin Dog Bites
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That’s the American Veterinary Medical Association talking. For what it’s worth 800,000 is approximately the population of San Fransisco.
The AVMA goes on to say that dogs attack children more than adults. Check out the site. I recommend it.
And please, take their advice. If you are bit by a dog or if your dog bites please contact the police. Why? Because it’s important that the proper authorities are notified in order to ascertain whether the dog has rabies. Isn’t it better safe than sorry?
I have a client who was bit by a rottweiler while at a motorcycle race. The owner never came forward. My client gave the police a lot of information while in pain from the bite. The police conducted an investigation that resulted in almost a dozen page report. But, no dog. After my client returned home from the hospital he did remember the rottweiler’s owner’s motorcycle number. Using that and google we were able to find the owner and help the police find the dog. Finally, after the police caught up with the owner she admitted to owning the dog and to the bite.
Wouldn’t it have been a lot easier if the dog owner took responsibility from the get go? It would have saved taxpayer money and a lot of stress and unnecessary trouble.
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in West Allis, Eagle, Crivitz, Plymouth, and Germantown.
What’s In Your Homeowner’s Insurance? October 8, 2008
Posted by Attorney Jonathan Groth in FAQ Personal Injury.Tags: homeowners policy, insurance settlement, umbrella policy
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According to a recent study a majority of Americans don’t know what’s in their homeowners policy. Does your insurance supplement your auto policy? What is your deductible? Is your insurance replacement value increased along with your home renovations?
Take this opportunity to look long and hard at your policy. Review it before you need to use it! Don’t forget to check out my previous post about umbrella coverage.
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Lomira, Twin Lakes, Wauwatosa and Milton.
Personal Injury Paparazzi? October 7, 2008
Posted by Attorney Jonathan Groth in FAQ Personal Injury.Tags: injury settlement, insurance settlement, wisconsin personal injury, Wisconsin Personal Injury Attorney
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It sounds kind of weird, doesn’t it? Why have a professional photographer take pictures of a personal injury victim? Well, in every case that involves scars, permanent bruises or disability the at fault insurance company asks for pictures to evaluate the claim.
Why not have the injured victim just meet with the at fault adjuster? Many times the adjuster is in some far off office, hours from injured victim. Usually, insurance companies have “round table” discussions about these types of injuries. This means that a bunch of adjusters will get together one day and pass around photographs of scars, permanent bruises etc. and give their opinion of the “value” a jury would award for the injury. That is how at fault adjusters come around to offering a personal injury settlement.
So, back to the professional photographer. An injured party needs to have pictures that truly represent the injuries. Just as if they were standing there in the conference room with the adjusters “round tabling” the claim.
Don’t get me wrong, nowadays many digital cameras will do a great job and take quality pictures. But, in order to give the at fault adjuster as true a representation of the injuries I’d recommend a professional photographer.
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Oostburg, Marinette, Wisconsin Dells and Wauwatosa.
Editorial on Drunk Driving October 6, 2008
Posted by Attorney Jonathan Groth in FAQ Personal Injury.Tags: Drunk Drivers, Drunk Driving, Wisconsin Personal Injury Attorney
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Mike Nichols wrote an editorial last Saturday about drunk driving. It was kind of a follow up to his story on the collision Cimermancic caused.
I agree with the jist of Mike’s editorial: Drunk drivers in Wisconsin get way too many chances to get back in their cars, drunk, and endanger the rest of us.
Update on Cimermancic September 30, 2008
Posted by Attorney Jonathan Groth in FAQ Personal Injury.Tags: Drunk Driver, Drunk Drivers, Drunk Driving, Wisconsin car accident lawyer, Wisconsin Personal Injury Attorney
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A while ago I posted about a young man who had a long history of Operating After Revocation and drunk driving. While driving drunk (BAC .168) he drove the wrong way on the highway and hit my client head on.
He was sentenced by Judge Mac Davis last week, September 26, 2008. The sentence included one year in jail with work release privileges and 5 years probation.
The Journal Sentinel sent a reporter to the sentencing hearing:
Driver gets one year in wrong-way crash
Waukesha — A Richfield man who was intoxicated on Jan. 8 when he drove the wrong way on Highway 41/45 and collided head-on with another vehicle, seriously injuring the driver of that car, has been sentenced to one year in jail with work release privileges.
John D. Cimermancic, 26, pleaded guilty in July to injury by intoxicated use of a vehicle and was sentenced Friday by Waukesha County Circuit Judge J. Mac Davis.
According to the criminal complaint, the crash occurred about 11:40 p.m. Jan. 8 on Highway 41/45 at County Line Road in Menomonee Falls.
Two vehicles crashed head-on in the northbound lanes of the highway.
What the Journal Sentinel didn’t report was some outrageous comments by John Cimermancic’s attorney. This attorney said he didn’t believe that prison does much as a deterrent. I just don’t get this comment. Look at Mark Benson for example. He wasn’t supposed to be on the road. His license was revoked. That didn’t stop him from driving? If he was in prison would we be talking about how he killed a mother and her kids?
The same goes for this case. John Cimermancic should NOT have been on the road. He didn’t have a license and didn’t own a car. He borrowed his girlfriend’s car and got drunk and drove the wrong way on the highway. Prison is a deterrent in the sense that it takes a multiple drunk driver off of the road. That in itself deters drunk driving. It should be said that in September of 2007 John Cimermancic was charged with drunk driving.
Judge Davis was thoughtful and, at least it appeared to me, that he was concerned about the victim in this case. He said that impact on the victim is very substantial and that nothing we can do will make the victim whole. Judge Davis disagreed with Cimermancic’s attorney, saying there is more protection of the public if the defendant is in prison.
But Judge Davis points out, if Cimermancic is out working there is the potential for the victim to be compensated sooner rather than later.
Cimermancic is now a felon. He can’t vote. Can’t own a gun. Must maintain sobriety. Must attend AA or some other program. Must maintain full time employment. Loses his driver’s license for 2 years. And he must pay restitution starting immediately.
As a father I feel badly for the family of the John Cimermancic. He was pretty badly injured also. He is an Iraq war veteran. He suffers from Post Traumatic Stress Disorder. According to Judge Davis he has a better chance of successful rehabilitation because of his family support.
All in all this is a terrible situation. Was the Judge’s decision on sentencing correct? Let me think about it. Ask me when my kids turn 16. I’m sure I’ll have a different opinion then.
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Kansasville, Marinette, Milton and Wauwatosa.
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