Guest Post by Attorney Chris Moander May 8, 2008
Posted by Attorney Jonathan Groth in FAQ Personal Injury.Tags: Debt Collection, FDCPA, wisconsin personal injury
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I’ve asked Chris Moander to post a little something on my blog. I think you’ll find his comments about Debt Collection helpful. It ties into Personal Injury well. In Wisconsin, because the at-fault insurance company doesn’t pay damages (wage loss, medical expenses etc.) as they occur it is up to the victim to submit the bills to health insurance or rely on the kindness of friends and family or savings to get through the hard times.
If a car accident victim, for instance, didnt’ have the help of a personal injury attorney from the start of the case some bills may go into collection and ultimately lawsuits.
Enter the Debt Collectors and the Fair Debt Collection Practices Act (FDCPA).
Keep an eye out for Chris’ guest post.
Safe(r) Big Rigs? Hopefully. May 8, 2008
Posted by Attorney Jonathan Groth in FAQ Personal Injury.Tags: truck accidents, wisconsin personal injury
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I just read this at www.jsonline.com about Schneider National Trucks (a company with headquarters in Green Bay, Wisconsin).
I’ve handled personal injury cases involving Semi-Tractor Trailers in the past. It’s been well known that trucking companies have the technology to regulate the speed at which their trucks can drive. There are “black boxes” in most trucks that show the speeds and sometimes direction, velocity, acceleration and other information. If you are involved in a trucking accident it’s important to have a lawyer who asks the right questions in order to get all of this information.
Here is the article written by Rick Romell of the Journal Sentinel:
The trucking industry’s largest lobbying group today called for a nationwide 65 mph speed limit, longer trailers and other steps in an effort to cut greenhouse-gas emissions and save billions of gallons of fuel.
Meanwhile, Green Bay-based Schneider National Inc., one of the country’s biggest trucking firms, went still further: The company will voluntarily cut the top cruising speed on its 10,600 tractors to 60 mph, President and Chief Executive Officer Chris Lofgren said during a press conference announcing the industry initiative.
Schneider’s slowdown – the firm currently caps cruising speeds at 63 mph – will be equivalent to taking more than 7,200 cars off the highways, Lofgren said, and will save 3.75 million gallons of fuel a year.
“We encourage others in the industry to make this commitment with us,” Lofgren said.
Limiting cars and trucks to 65 mph could conserve more than 11 billion gallons of diesel and gasoline over 10 years, the American Trucking Associations said in announcing its sustainability proposals.
That would reduce emissions of carbon dioxide by 116 million tons, the organization said. Carbon dioxide is the chief source of the so-called greenhouse effect and, many scientists say, of global warming.
The trucking group also called for longer combination trailers or higher weight allowances – a proposal likely to draw fire from highway safety advocates – elimination of nearly 500 traffic bottlenecks and government incentives for trucking companies to install devices that reduce idling.
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Co-Counsel Wisconsin May 7, 2008
Posted by Attorney Jonathan Groth in FAQ Personal Injury.Tags: car accident, co-counsel, Pro Hac Vice, Wisconsin Dog Bites, wisconsin personal injury
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Wisconsin really is a great place to live. I’m biased of course: golf courses, Wisconsin Dells, the Great Lakes, Door County and much, much more. (If anyone reads this from the Visitors’ Bureau maybe I can get a hotel room for this ad?)
Anyway, since we are a summer vacation hot spot many out-of-towners travel to and through Wisconsin. Unfortunately, these people get in car accidents, attacked by dogs, injured on other people’s property and other personal injuries.
Remember if you are injured in Wisconsin and need to file a lawsuit you will need the assistance of a Wisconsin Personal Injury Attorney. Attorneys from other states may be able to assist in pre-suit negotiations. But, once a lawsuit is filed you’ll need someone who is licensed to practice law in Wisconsin.
Many times an out-of-towner may have already hired a lawyer whom they trust and want to continue to work with that attorney. This is where co-counsel relationships apply. I’ve worked with a number of Attorneys from other states in situations like this. We can help out of state attorneys to appear in court even though they aren’t licensed in Wisconsin. They still need a Wisconsin Attorney’s help to obtain what is called a Pro Hac Vice appearance.
In any event, if you are not from Wisconsin but were injured in Wisconsin please make sure you get the assistance of of a serious injury attorney. Feel free to give them my name if you need help navigating the courts in Wisconsin. I’m at your service.
No Fee on P.D.? May 6, 2008
Posted by Attorney Jonathan Groth in FAQ Personal Injury, Personal Groth.Tags: attorneys fees, auto accident, motorcycle accident, personal injury, property damage, Wisconsin Personal Injury Attorney
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I was asked a few minutes ago about the fees I charge. In general, personal injury lawyers get paid from a “bodily injury” settlement or verdict.
I should explain. Insurance companies deal with two sides of an auto accident/motorcycle accident etc. BI=Bodily Injury and PD=Property Damage.
Personal injury attorney’s fees are based on the recovery obtained for the client. Because it is a percentage of the recovery, the more the attorney recovers for the client the more the attorney gets paid. It’s the reason we’ll try as hard as possible to get as much as the law will allow.
We almost never charge a fee from the PD side of the case. In general, be wary of the law firm that states they take a fee from BI and PD settlements. In my opinion, a personal injury lawyer should take a fee from the property damage settlement only in the most unique and very rare situations.
So, if you are unlucky enough to get into a car accident, motorcycle accident or other personal injury be sure to interview lawyers and ask, “Fee on P.D.?”
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Pleasant Prairie, Stevens Point, Minocqua and St. Nazianz.
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.
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.
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.
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