A Drunk Driver Ruins the Celebration September 5, 2008
Posted by Attorney Jonathan Groth in FAQ Personal Injury.Tags: designated driver, Drunk Driver, Drunk Driving, motorcycle accident, punitive damages, Wisconsin car accident lawyer, wisconsin personal injury
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Once again a drunk driver ruins a party. The Milwaukee Journal Sentinel reports that a drunk driver killed a Harley rider during last week’s 105th Harley Davidsons Birthday Celebration. The drunk driver was about 3 times over the legal limit at the time of the collision.
The collision occurred at about 2:15pm on August 29th. She must have started drinking pretty early in the day to get that drunk before 2:15pm. When is it ever worth drinking that much that early? And why would you ever think of driving?
The victim is a 55 year old Michigander.
Once again the call goes out to the legislature to tighten the drunk driving laws in Wisconsin. Hopefully, the DA assigned to this case will enforce the laws currently on the books.
Time is (Not) On My Side September 4, 2008
Posted by Attorney Jonathan Groth in FAQ Personal Injury.Tags: Certified Medical Records, HIPPA, hiring a lawyer, medical care, Wisconsin Personal Injury Attorney
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I talked with one of my favorite clients today. At the end of our talk she said, “I have a professional question.” That’s when a lawyers ears perk up and you try to remember every class you ever took in law school. Who knows what topic is going to be discussed.
She asked about medical records. Her records were destroyed. She had the same primary doctor for years. That general practitioner retired. Her medical records were sent to another medical facility for ‘safe keeping.’ Well, they weren’t that safe because the facility destroyed them.
According to Wisconsin Administrative Code medical records must be “preserved” and “maintained” for at least 5 years. (See HFS 124.14(2)c)). But, what happens if the records are destroyed!
I’ll let you know the answer after I do a little research. If you know, please post a comment!
Thank you.
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Sheboygan, Slinger, Pleasant Prairie and Wauwatosa.
Ocho Cinco September 2, 2008
Posted by Attorney Jonathan Groth in FAQ Personal Injury.Tags: auto accident, wisconsin personal injury, Wisconsin Personal Injury Attorney
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AKA Chad Johnson of the Bengals. Mr. Ocho Cinco has changed his name from Chad Johnson to Chad Ocho Cinco. So what does this have to do with Personal Injury law in Wisconsin?
Simply put, trust but verify. I’ve had a great number of clients that came to me because the at fault driver fled the scene, didn’t give any insurance information or lied about who was driving the car. So, what happens if someone doesn’t appear to be completely honest at the scene of an accident (i.e. when you exchange information gives you the name Chad Ocho Cinco)?
The key is to take as much information as possible. First call the Police. Then get their address, license number, remember what they look like and don’t be afraid to take a picture of the accident scene with your cell camera. Also, don’t forget to ask for their mobile phone number! A mobile phone number can be useful in determining if the at fault driver was distracted at the time of the collision.
It’s sad but true. Nowadays you can’t trust that anyone is giving you the right information. I have a lot of experience tracking down people across the United States. I’ll do what I can to help you too.
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Wauwatosa, Ixonia, Crivitz and Sheboygan.
Harley Davidson’s 105th = Lots More Bikes August 27, 2008
Posted by Attorney Jonathan Groth in FAQ Personal Injury.Tags: Harley Davidson, motorcycle accident, wisconsin personal injury, Wisconsin Personal Injury Attorney
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You’ve seen the bumper stickers reminding us that “bikes have equal rights” and to “watch out for bikers.”
In Milwaukee this weekend these stickers take on a whole new meaning. This weekend is Harley Davidson’s 105th Anniversary Celebration. There will be a lot more motorcycles on the roads in and around Milwaukee.
Sadly, I read about the first fatality of the HD Celebration. In Sheboygan a car struck a Harley rider. The car driver was treated at the ER and released. The bike rider was killed.
I’ve represented a great number of motorcycle owners over the years. Many of the collisions and serious injuries could have been avoided if the at fault driver would have just taken the bumper sticker’s advice: Bikers have equal rights.
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Oconto, Sheboygan, Janesville and Wauwatosa.
$840 Million August 26, 2008
Posted by Attorney Jonathan Groth in FAQ Personal Injury.Tags: medical care, wisconsin personal injury, Wisconsin Personal Injury Attorney
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If any doctors complain about the high cost of malpractice insurance in Wisconsin please refer them to this story from the Milwaukee Journal Sentinel.
In Wisconsin, Doctors must pay the first $1 million in malpractice insurance. If a doctor’s negligence causes injury and the compensation due the victim is more than $1 million then a state fund pays the rest. So, Doctor’s in Wisconsin only need to pay for $1 million in malpractice insurance.
When you hear stories about how lawsuits against doctors are causing them to leave the state take it with a grain of salt. In other states Doctors must pay for much more insurance. Many doctors would be happy to only pay for $1 million in coverage.
Another interesting bit from this article. Payments from this large fund to victims who file medical malpractice claims total $20 million per year. The fund had $840 million in funds available. A lawyer for the State of Wisconsin said the fund “can easily pay the $20 million or so in claims made against it each year.”
Again, take this into account when you hear doctors gripe about lawyers and lawsuits. There is much more to the story.
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Milwaukee, Lomira, Sturgeon Bay and Wauwatosa.
Name, Number and Maybe Even E-Mail August 21, 2008
Posted by Attorney Jonathan Groth in FAQ Personal Injury.Tags: Bicycle Accident, bike accident, Wauwatosa Personal Injury, wisconsin personal injury, Wisconsin Personal Injury Attorney
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I was driving home the other day and traffic was horrendous. There was a collision involving a bicycle and a car. An ambulance and fire truck were present taking care of the injured bicyclist. There must have been a dozen or so people standing around who had gotten out of their vehicles to help.
This reminded me of something. If you see a collision please give your name, number, address and/or e-mail to the parties involved or, better yet, the police at the scene.
If you don’t want to give your address then a telephone number or email is fine.
Many times I’ll get involved in a case a few weeks or months after the collision. The person that caused the collision may have admitted fault to the injured party and the witnesses at the scene. But, when confronted by their insurance company and the potential of higher premiums some people’s memory changes. That is why it is important for witnesses who know the truth to share their information with the parties and police.
If you were involved in a collision wouldn’t you want others to stand up and tell the truth too?
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Kansasville, Cudahy, Sheboygan and Wauwatosa.
Pit Bull Attack…Wow…Big Surprise! August 18, 2008
Posted by Attorney Jonathan Groth in FAQ Personal Injury.Tags: dog bite attorney, fond du lac attorney, janesville attorney, Pit Bull Dog Bites, Wisconsin Dog Bite Attorney, Wisconsin Dog Bite Law, Wisconsin Dog Bites, Wisconsin Personal Injury Attorney
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You may have read my previous posts about dog bites/attacks. Here’s a link about a case I handled for a victim of a pit bull attack.
This case involved an interesting issue regarding Wisconsin’s Dob Bite Law. As you probably know, in Wisconsin if a dog previously causes injury or property damage then all subsequent recoveries are doubled. But, what exactly is damage? Is a hole in someone’s jeans damage? How about a dog pulling at someone’s jeans without a hole?
It was a unique case and, like usual, the at-fault insurance company blamed the victim for bending down to pet the dog! The jury didn’t buy their argument.
FYI: The juries verdict was actually about $18,375 which included costs awarded by the court and taxed against the at fault insurance company.
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Fond du lac, Mayville, Port Washington and Wauwatosa.
Life In A Bubble August 15, 2008
Posted by Attorney Jonathan Groth in FAQ Personal Injury.Tags: Kenosha Car Accident, Wisconsin car accident lawyer, wisconsin personal injury, Wisconsin Personal Injury Attorney
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Ever have the urge to keep your kids in their rooms for the rest of their lives. I know it’s not possible and probably against the law. But, when I see stories like this I don’t want my kids to grow up and drive, or even walk near a street.
The Milwaukee Journal Sentinel reported about a Kenosha car accident where two people, a mother and son, were killed when another driver rear ended them. The other driver hit them while they were outside the car trying to change a tire. The mother and son were parked on the side of the interstate.
Understand why I want my kids to stay in their room forever?
Serious Injuries…What About Tomorrow? August 15, 2008
Posted by Attorney Jonathan Groth in FAQ Personal Injury.Tags: motor vehicle collision, Wisconsin car accident lawyer, wisconsin personal injury, Wisconsin Personal Injury Attorney
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In almost all auto accident, motorcycle accident, dog bite or other personal injury cases an insurance company will ask that the injured victim sign a Release of All Claims. That document means exactly what it says. It gets the insurance company off the hook for ALL claims (i.e. injuries, wage loss, mileage etc.), past, present or future.
A Release may have language similar to the following:
“For and in consideration of the sum of $____________cash in hand paid, the receipt and sufficiency of which is hereby acknowledged, the undersigned (name of plaintiff) does hereby release, acquit and forever discharge (name of defendant and insurance company) from any and all losses, injuries, claims, demands, actions, causes of action, payments, costs, expenses, damages, liability, or grievances of any nature whatsoever which he/she has had, which he/she may now have, or which he/she may hereafter have, which in any manner pertain to, relate to, or arise from any personal injury known and unknown, property damage, known and unknown, or any other loss of any nature whatsoever sustained as a result of the aforesaid vehicular accident which occurred on or about (date) involving the vehicle driven by said defendant and the vehicle driven by said plaintiff.
You never want to sell yourself short, especially when talking about your well being. Injuries may linger on and on. If you accept a settlement days after the collision but don’t feel 100% you probably won’t be able to get your next doctor’s visit and the lost wages and mileage paid by the at fault insurance company. Keep that in mind when you are dealing with your “friends” in the insurance industry.
Insurance companies aren’t able to build multi-million dollar buildings, gigantic water falls, balls of art and other expensive things by giving away compensation for injuries. Their job is to pay as little as possible. A personal injury attorney’s job is to make sure an injured party obtains compensation for everything that the law allows. That includes past and FUTURE medical expenses.
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Wausaukee, Milwaukee, Pewaukee and Wauwatosa.
Insurance Company Rules August 13, 2008
Posted by Attorney Jonathan Groth in FAQ Personal Injury.Tags: health insurance, insurance settlement, Uninsured Motorist Coverage, wisconsin personal injury, Wisconsin Personal Injury Attorney
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Here’s a little lighter take on the problems with our insurance industry. The best comedy is based in truth. This is good comedy.
p.s. I didn’t look at any links from the video. So, I don’t have a clue what else is being touted. I just think the video is funny.
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Oconto, Watertown, Janesville and Wauwatosa.
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