No TXT while DRVNG in CA September 29, 2008
Posted by Attorney Jonathan Groth in FAQ Personal Injury.Tags: auto accident, Wisconsin car accident lawyer, wisconsin personal injury
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The Governator just signed a bill banning texting and emailing while driving. If you are caught texting or emailing while driving in California you will be fined $20 the first time and $50 each subsequent offense.
The bill was drafted, in part, after a study that showed that most Americans who text also text while driving.
I can’t imagine it will be long before a bill like this is introduced in Wisconsin.
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Crivitz, Janesville, Plymouth, Wauwatosa and Germantown.
Time part two September 26, 2008
Posted by Attorney Jonathan Groth in FAQ Personal Injury.Tags: Certified Medical Records, HIPPA, hiring a lawyer, medical care
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I previously wrote a post ending with a question for the blogosphere. The general question concerned the remedies involved when a hospital destroys medical records before the mandated 5 year holding period. Well, Michael Brown of Peterson, Berk and Cross emailed me with an answer:
A provider’s destruction of medical records would also violate HIPAA federal privacy law. Your client could file a HIPAA complaint to Dept of Health and Human services, but the best that will yield is a slap on the wrist to the provider, with no civil claim or damages.
If the records were destroyed at a time the provider should have reasonably contemplated litigation would occur (e.g. if a hospital destroys records of a patient who suffered injuries during a medical procedure and is likely to file a malpractice claim), there may be spoilage law that applies. In the federal context, you can check out the landmark Zubulake cases, which set forth serious standards and penalties for document retention. Keyciting the Zubulake cases may lead you to influential State law cases concerning spoilage.
Thanks for the answer Mike. I think there should be more someone could do when their medical records are lost or destroyed. Any legislators out there that can help us out?
Should I give a statement to the insurance company? September 24, 2008
Posted by Attorney Jonathan Groth in FAQ Personal Injury.Tags: Allstate Insurance, hiring a lawyer, insurance settlement, recorded statement, wisconsin personal injury
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If you were in a collision and the at fault driver had insurance I’m sure you’ve asked yourself this question. That’s because one of the first questions out of the at fault insurance adjuster’s mouth is, “Can I record a statement?”
My standard answer to this questions is no. Don’t give a statement. If the at fault insurance company insists on a statement then wait until you hire a lawyer before giving a statement. You hire a lawyer to stand by your side and serve as your advocate through the entire process. Why give a statement before having that advocate by your side. (Remember my April 21, 2008 post talking about Allstate’s Claim Manual saying that Allstate knows that victims with insurance settle for 2-3 times more than unrepresented victims).
Remember, insurance companies are in the business of making money. That is certainly not wrong or illigeal by any means. But, what that means is they want to take in premiums and pay out as little as possible. That’s just the basic economics of insurance. So, insurance companies teach their insurance adjusters how to make sure they pay out as little as possible. That starts right away after the collision with the recorded statement.
This is especially important if liability it at issue. The at fault insurance wants to pin as much fault on you as possible. The facts are the facts but many times confusion, pain meds, frustration or other things get in the way of an injured person’s ability to clearly describe what happened.
So, if you are involved in a collision I recommend talking with an attorney before you give that statement to the at fault insurance company. I’m sure you’ll be glad you did.
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in West Allis, Crivitz, Plymouth, and Germantown.
What to do: Dog Bite September 23, 2008
Posted by Attorney Jonathan Groth in FAQ Personal Injury.Tags: dog bite, dog bite attorney, Pit Bull Dog Bites, Wisconsin Dog Bite Law, Wisconsin Dog Bites
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I’ve written a lot about dog bites and my experience with litigating cases where pit bulls and other dogs have attacked and injured kids and adults.
But, right after the dog attacks what are you to do? I found this helpful check list written by a Doctor that is pretty easy to read. Knowing what do to after a dog bite should take some of the stress out of the already very stressful situation.
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Janesville, Kenosha, Wauwatosa and Lomira.
Juror Appreciation Month September 19, 2008
Posted by Attorney Jonathan Groth in FAQ Personal Injury.Tags: jury trial, Personal Injury Lawsuit, Wisconsin Personal Injury Attorney
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It’s official. September is Juror Appreciation Month in Wisconsin. In every case I litigate before a jury I start out thanking them and end thanking them. Being on a jury is a civic responsibility (I think it would be kind of fun too but maybe that is just me). Even though it is our duty as citizens I’m always very thankful for jurors who take their job seriously. I can honestly say that it was a pleasure to “work” with every one of my juries.
If you currently or have been a juror in any County in Wisconsin remember that there are a lot of attorneys out here that are very thankful for your service. If you haven’t been selected for service yet don’t worry I’m sure your time will come. Once it does, enjoy it. It’s our civil justice system in action.
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Beloit, Sheboygan, Wauwatosa and Slinger.
Wash ’em. September 18, 2008
Posted by Attorney Jonathan Groth in FAQ Personal Injury.Tags: medical care, Wisconsin Personal Injury Attorney
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This is a very troubling story I found at the Wall Street Journal.
In short, an infection caused by the superbug C diff. is wreaking havoc on patients at hospitals.
The WSJ has a good run down about how this infection is caused and what hospitals are doing to stop its spread.
One of the most basic ways is to wash your hands with antibacterial soap andn water not alcohol based gels. Read the article and be an advocate for your health if you go to the doctor.
AIG Insurance September 17, 2008
Posted by Attorney Jonathan Groth in FAQ Personal Injury.Tags: AIG, auto insurance med pay, injury compensation, insurance settlement, underinsured motorist coverage, Uninsured Motorist Coverage
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I’ve received a number of calls from clients and potential clients asking about AIG’s financial situation and the federal government’s loan.
If you have auto insurance through AIG or if you were injured because of someone else’s negligence and they have AIG I’d recommend you read this article from WSJ.com.
Specifically:
AIG’s millions of insurance policyholders appear to be considerably less at risk. That’s because of how the company is structured and regulated. Its insurance policies are issued by separate subsidiaries of AIG, highly regulated units that have assets available to pay claims. In the U.S., those assets can’t be shifted out of the subsidiaries without regulatory approval, and insurance is also regulated strictly abroad.
I’m certainly no Wall Street expert but I think the Wall Street Journal’s writers know their stuff.
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Kansasville, Marinette, Milton and Wauwatosa.
Tech Savvy Trucks Saving Lives? September 12, 2008
Posted by Attorney Jonathan Groth in FAQ Personal Injury.Tags: personal injury, truck accidents, Wisconsin Personal Injury Attorney
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The Department of Transportation released a report stating that fatalities involving truck (semi-tractor trailers) collisions are down almost 4%. One of the reasons may be the additional of collision avoidance and lane departure warning/monitoring systems.
This reminded me of some recent semi-truck matters I’ve handled. If you are injured because of a trucker’s negligence be sure to immediately request a copy of the trucks “black box,” gps system and other tracking data. Nowadays, most every truck company keeps tabs on their trucks. This information can be invaluable to the prosecution of a claim for personal injuries.
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Hartford, Jackson, New Berlin and Wauwatosa.
Insurance Required for Dangerous Dogs? September 9, 2008
Posted by Attorney Jonathan Groth in FAQ Personal Injury.Tags: dog bite, Pit Bull Dog Bites, Wisconsin Dog Bite Attorney, Wisconsin Dog Bite Law, Wisconsin Dog Bites, Wisconsin Personal Injury Attorney
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Does that sound unreasonable? Semi trucks are required to have a certain amount of insurance. Why? Because they are more likely to cause serious injuries. I think it is pretty safe to guess that dangerous dogs are more likely to cause injuries. Why else would they be classified as “Dangerous”?
The story comes from Omaha, Nebraska. They propose that in order to obtain a license for a “dangerous” or “potentially dangers” dog the owner must show proof of $100,000.00 in liability insurance.
A “Dangerous Dog” is defined as:
an animal which attacks, snaps at, bites, or has a history of attacking a human being or domestic animal, one or more times, without provocation.
The city would enforce the law with fines. If a dog owner violates the law three times in 24 months all pets must be turned over to animal control.
Interesting law. Anyone hear of anything like this in Wisconsin?
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Kansasville, Beloit, Sheboygan, Wauwatosa and Oconto.
Who’s Getting Older? September 8, 2008
Posted by Attorney Jonathan Groth in FAQ Personal Injury.Tags: health insurance, Nursing Home Abuse, wisconsin personal injury, Wisconsin Personal Injury Attorney
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Time magazinehas some interesting stuff. This week on page 54 is an article by Dan Kadlec about long term care insurance in the United States. Long Term Care is another word for a nursing home, assisted living facilities or at home nursing aids.
If you look around my blog you’ll see that my personal injury practice includes nursing home abuse. We often talk about what to do after the nursing home neglect took place. But, how do you avoid the neglect? There are lots of different things to look out for. Being proactive is one of them.
The Time magazine article talks about the cost of long term care and the difference in premiums depending on your age. For example, if you purchase long term care insurance (i.e. nursing home health insurance) in your 50s you may qualify for a “good-health discount” and only 14% of people are denied coverage. Wait until your 60s and only 42% get the discount and 23% are denied coverage.
This is really important if your family has a history of alzheimers, stroke or other degenerative illnesses. I suggest reading the article. It’s certainly something to think about sooner rather than later.
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Algoma, Jackson, Two Rivers and Wauwatosa.
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