Structured Settlements – not exciting but very important July 15, 2008
Posted by Attorney Jonathan Groth in FAQ Personal Injury.Tags: personal injury, structured settlement, wisconsin personal injury
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I’ve had the luxury of working with some premier structured settlement planners over the years. Personal Injury attorneys call on these professionals if an injured victim receives a sizable settlement or verdict and there is the need to ensure that the victim will have these funds, guaranteed, for years to come.
In general, what is a structured settlement?
- It’s a settlement in which some or all proceeds are paid over time instead of all up front.
- It must be written into the settlement agreement;
- The obligation to make payments is assigned by the defendant (at fault insurance company) to an assignment company which purchases an annuity;
- The “customer” buying the annuity is an assignment company NOT the injured party;
- The payout is fixed and determinable.
Structured settlement is are smart ideas in many cases. Ask your personal injury attorney whether your case or your child’s case fits the criteria.
Umbrella for Coverage July 14, 2008
Posted by Attorney Jonathan Groth in FAQ Personal Injury.Tags: homeowners policy, personal injury, umbrella policy, underinsured motorist coverage, wisconsin personal injury
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Here is an insurance tip. Ask your insurance agent about an umbrella policy. An umbrella policy will provide a large sum of liability coverage (oftentimes $1 million or more) over and above your home owners coverage and can be added to your auto insurance coverage.
In Wisconsin, the Court of Appeals has ruled that insurers issuing umbrella policies that are excess over primary automobile liability insurance must provide underinsured motorist coverage. See Nault v. West Bend Mut. Ins. Co., 2007 AP 1670 (released May 20, 2008). So, if you have an umbrella policy ($1 million) and are in an serious auto accident caused by an underinsured motorist (let’s say for example the at fault driver only has insurance coverage totalling $25,000.00) you will be protected by your $1 million policy.
Take advantage of Wisconsin law. Ask your insurance agent about it. Relatively speaking, an umbrella policy tied to your auto insurance policy is inexpensive. It’s the smart choice.
Sorry, Can’t Help Any More July 11, 2008
Posted by Attorney Jonathan Groth in FAQ Personal Injury.Tags: car accident, motor vehicle collision, second opinion, wisconsin personal injury, Wisconsin Personal Injury Attorney
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That is sometimes the comment that victims of car accidents get from their doctors. Often, the comment will be “you’ve reached a plateau” or “your condition is waxing and waining”. If you are the victim of a motor vehicle collision and have long standing pain don’t be afraid of a second opinion. If you see a chiropractor don’t hesitate to ask him or her for the name of someone to check out care through a different modality. If you are seeing your general practitioner doctor don’t be afraid to ask for a referral to a pain specialist. Physiatrists (pain and rehabilitation specialists) are often brought in to help deal with longstanding pain.
Whatever your problems are I strongly encourage you to be proactive regarding your treatment. Remember, when it comes to your health: You are your best advocate. No one knows the problems that you go through better than you. Write down the problems that you continue to suffer through and take that list to the doctor. It will help her/him track your pain and how best to treat your problems.
Just Ask July 9, 2008
Posted by Attorney Jonathan Groth in FAQ Personal Injury.Tags: motor vehicle collision, Uninsured Motorist Coverage, wisconsin personal injury, Wisconsin Personal Injury Attorney
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I spoke with a client recently who was involved in a serious auto accident a few years ago. He was hit by a car that ran from the scene. He suffered a number of serious injuries and was admitted to Froedert Hospital’s ICU. Because he didn’t know who hit him he said nothing was done.
What would you do? Just call and ask. Most personal injury attorneys will not charge anything to investigate a situation like this. I will gladly order the police report and speak to witnesses and insurance agents to see if recovery for lost wages, medical bills and pain and suffering is possible.
Don’t forget in Wisconsin your insurance company supplies Uninsured Motorist Coverage. If you are involved in a hit and run collision you have the benefit of making a claim against your insurance company. Once your insurance company settles or is forced to pay what the value of your claim is then THEY have the burden of tracking down the at fault party and collecting from garnished wages or savings accounts.
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Crivitz, Kenosha, Janesville and Wauwatosa.
10 Is Enough July 3, 2008
Posted by Attorney Jonathan Groth in FAQ Personal Injury.Tags: injury settlement, Personal Injury Lawsuit, Wisconsin Personal Injury Attorney
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According to the Milwaukee Journal Sentinel Wisconsin has 10 confirmed cases of salmonella poisoning. The cause is likely tomatoes.
With the long weekend coming up and our love of hamburgers be careful what you eat.
Remember cherry tomatoes, grape tomatoes and those sold with the vine attached are not part of the recall.
And Now About Bassinets. June 26, 2008
Posted by Attorney Jonathan Groth in FAQ Personal Injury.Tags: infant safety, personal injury, wisconsin personal injury, Wisconsin Personal Injury Attorney
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WebMD’s story about bassinet safety is a little disturbing.
First, Kelley Colihan the author states that “more and more families” are using bassinets but doesn’t give any stats. That fine because the stats she gives later on our shocking.
Between 1990 and 2004 the Consumer Product Safety Commission studied all infant deaths that involved bassinets.
- 85% of infant deaths were the result of suffocation;
- 74% of the bassinets had blankets, pillows, or PLASTIC BAGS in them;
- 37% of the babies had been placed face-down to sleep;
- 50% of the babies were found in their bassinets face down;
- 9% were due to sudden infant death syndrome (SIDS)
- 9 of the infants died because the bassinet had a mechanical problem or weren’t used properly. (I’m assuming a product liability type situation)
I can’t understand why anyone would place a plastic bag in their child’s bassinet. Come on people. A little common sense goes a long way!
I have two young boys. Were were told from day one ‘face up to wake up’ and “face up for safety.’ I also remember getting pamphlets regarding what not to put in a crib, bassinet etc. The simple answer was: Nothing. Don’t put anything in your kid’s crib or bassinet.
Again, just remember use common sense when trying to get your kids to sleep. And certainly don’t put plastic bags in your kids cribs or bassinets!
If there is a mechanical problem with the bassinet or crib give me a call. I’d be happy to discuss whether the bassinet or crib company didn’t use their common sense when they designed it.
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Oconto, Racine, Janesville and Wauwatosa.
Let There Be Light! June 22, 2008
Posted by Attorney Jonathan Groth in FAQ Personal Injury.Tags: health insurance, medical care, wisconsin personal injury, Wisconsin Personal Injury Attorney
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It is time to shine the light on hospital costs. Medical care pricing is hidden in a shroud of secrecy (even though info is out there you may need a MD and CPA to understand it). Many people don’t really care what a medical procedure costs because “my insurance will pay it.” Remember that employers and individuals pay for insurance. The more health insurance premium’s increase the less likely it is that an employer will hire that next employee.
If you’d like to know the cost of some medical procedures at a local hospital check out Wisconsin’s PricePoint website. You can search by inpatient and outpatient services. Don’t be afraid to shop around. Not all hospitals offer the same quality and price. (As someone who has handled medical malpractice cases I can personally vouch for the quality comment).
This inforamation is great for consumers and invaluable for personal injury attorneys. At-fault insurance companies are always looking to pay as little as possible for what the law says is their responsibility. This information helps personal injury attorneys fight for their clients in proving what a reasonable medical expense actually is.
For more information about the cost of medical care in Wisconsin check out Sunday’s Business section in the Milwaukee Journal Sentinel.
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Wausaukee, Kenosha, Oconto and Wauwatosa.
In A Hazard June 21, 2008
Posted by Attorney Jonathan Groth in FAQ Personal Injury.Tags: golf cart injury, wisconsin personal injury, Wisconsin Personal Injury Attorney
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Sean Gregory of Time Magazine wrote a mini-article in June 30, 2008 issue about golf cart safety. He reduces the “safety” of golf carts to numbers. In 1990 there were 5,772 trips to the emergency room because of golf cart related injuries. In 2006 that number rocketed to 13,411. Common injuries are concussions, fractures and hemorrhages. Golf cart injuries are just documented on Johnny Knoxville’s Jackass anymore. Because of the rise of retirement communities and suburban cul-de-sacs these carts are used now more than ever. Most are battery powered so they cost less than driving your car to the grocery store.
Wisconsin has a proud history of excellent golf. Be careful out there, especially if your riding your cart on a course that I frequent!
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Milwaukee, Racine, Kenosha and Wauwatosa.
Nursing Home Stars? June 19, 2008
Posted by Attorney Jonathan Groth in FAQ Personal Injury.Tags: Nursing Home Abuse, Wisconsin Personal Injury Attorney
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It’s not a new reality show it is the Bush Administration’s proposal to rate nursing homes. The AP reports that the Bush Administration would like to rate nursing homes with a “star system.” It sounds like it is similar to hotel ratings. The “best” nursing homes (or least worst nursing homes) will be given a 5 Star rating while the worst (really really bad) will get a 1 star rating.
I haven’t read if any nursing homes will get a 0 star rating.
I say “least worst” because later on in the article there is mention of how older nursing homes will be given until 2013 to install sprinkler systems. If nursing homes don’t install sprinkler systems by 2013 then they will not be able to accept Medicare participants.
Wow, don’t you think sprinkler systems are kind of important. I’d think that would be a little more important than waiting 5 years down the road.
Keep an eye out for this rating system. I think it is a move in the right direction. For more information about how to chose a nursing home check out the PKS nursing home abuse website.
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Wausaukee, Kenosha, Oconto and Wauwatosa.
A Bad Situation Even Worse June 18, 2008
Posted by Attorney Jonathan Groth in FAQ Personal Injury.Tags: medical care, minor settlement, Wisconsin Personal Injury Attorney
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I was contacted recently by a very upset daughter. Her widowed father had passed away. She felt his death was his Doctor’s fault. Sadly I had to inform her that I would listen to her story but would not be able to help her no matter what she said. In Wisconsin (Sec. 655 Wis. Stats.) an adult child has no claim for the loss of a parent because of medical malpractice. The estate of the parent has a claim for pain and suffering but I don’t know of a situation that we would be able to prove pain and suffering when the witness had already passed.
This is an interesting snag in the law. I hope to write about it more in the future.
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