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Who Is Responsible for Little Jimmy? November 20, 2008

Posted by Attorney Jonathan Groth in FAQ Personal Injury, Personal Injury Law, Wisconsin Auto Accidents.
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So, who should you sue if a minor caused a collision?  Well, according to Wisconsin law Section 343.15(2)(b)

(b) Any negligence or willful misconduct of a person under the age of 18 years when operating a motor vehicle upon the highways is imputed to the parents where both have custody and either parent signed as sponsor, otherwise, it is imputed to the adult sponsor who signed the application for such person’s license. The parents or the adult sponsor is jointly and severally liable with such operator for any damages caused by such negligent or willful misconduct.

What does this mean?  If anyone under the age of 18 causes a car accident a plaintiff in Wisconsin should first worry about finding an insurance company to name in the Summons and Complaint.  Then name the negligent child along with both parents.  Leave enough time in before the statute of limitations runs to allow for discovery to know exactly who are the “proper” parents or sponsor per statute.

Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in West AllisSheboygan,  Plymouth,  and  Germantown.

If you’d like to submit a question or case please complete a case submission form.

Talk to Your Personal Injury Attorney Before You Sign the Retainer November 18, 2008

Posted by Attorney Jonathan Groth in Dog Attack Information, Drunk Driving, FAQ Personal Injury, Motorcycle Collisions, Personal Injury Law, Wisconsin Auto Accidents.
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The PersonalInjuryLawyerMichiganBlog.com has a good post about talking with your soon-to-be personal injury lawyer.   According to this blog here are a few things to watch for:

  • Fees. How much is the lawyer going to take of the settlement? It shouldn’t be an excessive amount.
  • Honesty. Do you get a sense he is over inflating your potential award settlement or chance of winning to get you as a client? Like the saying goes, if sounds good to be true if probably is. That’s not to say that you don’t have a good case, but an experienced lawyer knows that most companies won’t sit quietly by as you sue them. He or she should let you know honestly what to expect.
  • Quality. Does your lawyer answer all your questions so that you understand them or do you feel rushed through? You want to work with someone who is willing to get all the details and to work with you to get what you deserve. You don’t want a lawyer with a thousand clients, giving a half effort because he’s happy if a few of the lawsuits get paid.

Believe me, if you go to your initial meeting with a personal injury attorney with a list of questions and a trusted friend or family member in tow it will be a good/productive meeting.  I see it as refreshing not insulting. 

Hiring a personal injury attorney is a big decision.  Be sure to google search the attorney.  Look up their rating, cases and lawyers in the office or office share. 

The more information the better.

www.jonpgroth.com

 Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Shawano, Algoma, Kenosha and Wauwatosa.

Click here to submit a Case or Question.

Bisphenol A (BPA) More Prevelant Than You Think November 16, 2008

Posted by Attorney Jonathan Groth in FAQ Personal Injury, Personal Groth, Personal Injury Law.
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The Milwaukee Journal Sentinel’s lead story today talks about Bisphenol A (BPA).  I bet most people without kids aren’t aware of the controversy over BPA.  Long story short, there is a concern over BPA’s effect on fetal and infant brain development and behavior.

In April, 2008 Canada stated it intended to ban the sale, import and advertisement of baby bottles containing BPA.   Since then there has been scores of stories and reports on the dangers of BPA and the prevalence of BPA. 

There are two sides to every story.  Here is the Food and Drug Administration’s official statement:

FDA is not recommending that anyone discontinue using products that contain BPA while we continue our risk assessment process. However, concerned consumers should know that several alternatives to polycarbonate baby bottles exist, including glass baby bottles

Today’s story is news because it highlights some of the common household items that contain BPA.  And the report that simply microwaving or dishwashing items with BPA releases the chemical. 

The story reports:

Products marketed for infants or billed as “microwave safe” release toxic doses of the chemical bisphenol A when heated, an analysis by the Journal Sentinel has found.

Read the story and check out the pdfs attached.  But, like always, be sure to read it carefully.  The pdf entitled “How to avoid bisphenol A” talks about the relative safety of plastics marked with 1 PETE, 2 HDPE, 4 LDPE, and 5 PP describing them as “safer.” 

Yet, the story on JSOnline.com states:

Food companies advise parents worried about BPA to avoid microwaving food in plastic containers, especially those with the recycling No. 7 stamped on the bottom.

But the Journal Sentinel’s testing found BPA leaching from containers with different recycling numbers, including Nos. 1, 2 and 5.

Check out your kitchen cupboards.  We bought glass bottles for our little one.  Why take the risk?

UPDATE: Check out this US News Article from September about how to avoid BPA.

Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in West AllisSheboygan,  Plymouth,  and  Germantown.

If you’d like to submit a question or case please complete a case submission form.

From A Juror’s View November 14, 2008

Posted by Attorney Jonathan Groth in Personal Injury Law.
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Everything is a matter of perspective.  From my perspective I’d love to be a juror.  I’d get to see the “inner workings” of the jury’s deliberation room.  I think most litigators read everything they can about juror behavior (and human behavior for that matter).

The New York Personal Injury Blog has a good post about a juror’s experience.  The juror just happens to be the attorney’s wife.  Take note of the comments in italics.  Attorney Turkewitz makes some very good points.

www.jonpgroth.com

 Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Janesville, Athelstane, Sheboygan and Wauwatosa.

Click here to submit a Case or Question.

How Insurance Companies Deny, Delay, Confuse and Refuse November 13, 2008

Posted by Attorney Jonathan Groth in FAQ Personal Injury, Personal Injury Law, Wisconsin Auto Accidents.
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A new report discusses how insurance companies make their money.  This shouldn’t be a surprise.  They take in as much as they can in premiums and pay out as little as possible in claims.

The problem is with some of the tactics that insurance companies use.  Here is an example:

Farmers, was in the business of

denying claims as a way to boost its bottom

line. Farmers even ran an employee incentive program,

“Quest for Gold,” that offered incentives, including $25

gift certificates and pizza parties, to adjusters who met

low payment goals. One Farmers’ executive told claims

representatives to stop paying claims, saying, “Teach

them to say, ‘Sorry, no more,’ with a toothy grin and mean it.”

Insurance companies are supposed to act in good faith with their insured and on behalf of their insured when dealing with someone their insured injures.  Arbitrary denials and low offers for no reason are not good faith.

Read the report.  You’ll get a feel for what personal injury attorneys deal with day in and day out.  You’ll understand why Allstate, Farmers, Progressive et al get on our nerves.

www.jonpgroth.com

 Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Milwaukee, Milton, Kenosha and Wauwatosa.

Click here to submit a Case or Question.

Technology and the Personal Injury Lawyer November 12, 2008

Posted by Attorney Jonathan Groth in Drunk Driving, Personal Injury Law.
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I was recently introduced to Lawyers Weekly USA.   They wrote an article about investigating social networks in civil cases.  If you scroll down this page you’ll see my previous post on this topic.

I’m not surprised that this has become a “hot topic.”   I can’t stress enough how important it is for personal injury attorneys (or any litigator for that matter) to be aware of today’s technology.  How long does it take type a name in google and yahoo? 

Liability disputes in car accident cases and especially drunk driving cases are ripe for social network investigation.   If someone is drunk and causes a car accident it is important to know if they had a history of drunk driving.  Was that drunk driver aware of the potential harm they could cause by getting behind the wheel while drunk again?  Comments on their blog or myspace page are important to discovery before filing a lawsuit.  It could mean the differnence between filing a claim for only compensatory damages or adding a claim for punitive damages.

Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in West AllisSheboyganPlymouthand Germantown.

If you’d like to submit a question or case please complete a case submission form.

Nursing Home Admitted Residents Just for the Profit? November 5, 2008

Posted by Attorney Jonathan Groth in Personal Injury Law.
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The truth of the matter is that there are companies in America that will do anything for profits.  This includes injuring those people that the company is supposed to help and protect.

A lawsuit has been filed in Seattle against Milwaukee based Extendicare Health Services.  The suit alleges that:

Extendicare is “more interested in protecting themselves from liability and thereby increasing profits than protecting the rights, health and safety of their own elderly and vulnerable residents”

The plaintiffs are:

two former residents and a man whose daughter died at Aldercrest Health & Rehabilitation Center in Edmonds after her tracheal tube clogged with mucus within 24 hours of being admitted.

For what its worth Carl Tabor, Extendicare’s area director says:

 plaintiffs have mischaracterized the company’s admission agreement. He said government inspectors have never cited it for problems.

The problems with some nursing homes is that they cut too many corners in order to save a few bucks. Companies must make a profit in order to survive.  They must make a profit in order to pay salaries and hire more people.  But, especially in the nursing home field, these companies cannot cut too many corners.  We are dealing with people and their families not some widget.

There must be checks and balances to make sure that the residents are protected.

http://www.jonpgroth.com

 Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Milwaukee, Milton, Kenosha and Wauwatosa.

Very Disappointed – MPD November 4, 2008

Posted by Attorney Jonathan Groth in FAQ Personal Injury, Personal Injury Law.
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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.

Drug Litigation November 4, 2008

Posted by Attorney Jonathan Groth in Personal Injury Law.
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Monday was a big day in the world of drug litigation law.   The United States Supreme Court heard oral arguments in the Wyeth v. Levine case.

The case is about a lot of stuff but it started out as a medical malpractice/improper administering of a drug case:

The case came from Vermont, where a guitarist, Diana Levine, won a $6.8 million judgment against Wyeth after misadministration of its drug Phenergan caused gangrene and required the amputation of her hand and forearm. The antinausea drug is normally injected into muscle, but the label also provides directions for intravenous use.

 The case is before the United State Supreme Court because there is a difference of opinion between state law and federal law:

In February, an 8-1 court found that federal law, which explicitly pre-empted state regulation of medical devices, implicitly blocked private negligence lawsuits as well. In 2006, by contrast, the Vermont Supreme Court found no conflict between federal law and the judgment against Wyeth.

Keep track of this case.  It’s pretty big news in the world of personal injury attorneys.

www.jonpgroth.com

 Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Janesville, Athelstane, Sheboygan and Wauwatosa.