Wisconsin Roads This Winter November 16, 2013Posted by Attorney Jonathan Groth in FAQ Personal Injury, Milwaukee Litigation Attorney, Milwaukee Personal Injury Attorney, Motorcycle Collisions, Wisconsin Auto Accidents.
Tags: Wisconsin injury attorney; dangerous roads wisconsin
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I recently wrote a Legal Guide on Avvo. If you have questions about most any legal practice area you can find help at Avvo.
$700 Offer From Progressive Insurance January 21, 2013Posted by Attorney Jonathan Groth in Milwaukee Personal Injury Attorney, Personal Injury Law, Wisconsin Auto Accidents.
Tags: 700 Offer, 760 Offer, Injury Settlement Offer, Progressive Insurance Company, Wisconsin Injury Attorney
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These past few weeks our law firm has been contacted by two people rear ended by others insured by Progressive. In each case Progressive sent an adjuster to the injured person’s home within a few days of the collision. In one case, the injured person called my office the day of the meeting. In the other case the injured party waited until after the meeting to call my office.
Can you guess the result?
Let’s start with the bad news first. The person who waited to call until after the meeting actually waiting a few months to call. At the time of the meeting he was still treating with his doctor. He told the insurance adjuster that he went to the doctor and had other appointments in the future (i.e. after that meeting). The adjuster presented him with a “standard Release” that offered to pay for the past medical care (a few doctors visits) and up to $1,500.00 in future care. The adjuster also offered about $700 in “pain and suffering.”
The injured person continued to go to the doctor.
About a month or so after signing this release the injured person went back to the doctor and was told that Progressive Insurance had stopped paying.
You can guess why. The injuries were more severe than the injured person initially thought. The doctor needed more time (i.e. visits) to help this person recover. The $1,500.00 paid by Progressive Insurance was used up before the injured person was released from care.
He called the Progressive Adjuster hoping to get some more money to pay for additional care. The answer, “You signed the Release there is nothing more we can do.” Bad news!
The other person who called our office did NOT sign the release. This person has since been back to the doctor and is now considering a referral to an orthopedic surgeon for problems with her knee.
It is interesting that Progressive Insurance offered about the same thing to each person for pain and suffering. It is also telling that they have “standard” Releases that they bring to initial meetings with injured people. They must know that certain dollar amounts will more likely than not get accepted by the injured party.
In some cases the first offer may have been a “good deal.” But, for the person who called our firm who now needs additional medical treatment it was only a “good deal” for Progressive Insurance.
Call Groth Law Firm, S.C. if you have any questions about offers from insurance companies. Before you meet with an insurance company be sure you know what additional care is needed and whether the offer is a final offer. Call our Wisconsin Personal Injury Law Firm at 877-375-7001. We help people across Wisconsin including Milwaukee, Wauwatosa, Brookfield, Green Bay and Crivitz.
Scary Research About Teens and Texting While Driving June 14, 2012Posted by Andrew Christman in Drunk Driving, FAQ Personal Injury, Milwaukee Litigation Attorney, Milwaukee Personal Injury Attorney, Personal Injury Law, Wisconsin Auto Accidents.
Tags: auto accident, Wisconsin car accident lawyer, wisconsin personal injury, Wisconsin Personal Injury Attorney
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New research released by State Farm Insurance shows that teen may not be getting the message about the dangers of texting and driving. Some of the figures produced by this survey are quite shocking. Notably, over half of teens with their license, 57% to be exact, admit to text messaging while driving. The survey produced by State Farm also makes comparisons between teens views on texting while driving and drinking and driving. While 83% of teens think they are likely to be in an accident if they regularly drink and drive, only 63% of teens believe they are likely to be involved in an accident if they regularly text while driving. The study also shows a link between parents who regularly talk to their children about safe driving. Of teens who responded that they never texted and drove, 82% said their regularly talked to their parents about safe driving. Of teens that reported that they do text while driving, only 67% reported talking to their parents regularly about safe driving.
Texting and driving became illegal in Wisconsin in 2010 with the passage of Wisconsin Statute 346.89. The risk of getting a ticket, however, is nothing compared to the safety risk that texting and driving creates. Text messaging while driving is an extremely dangerous action both the person doing it and those around him or her.
If you have been the victim of an inattentive driver or have been injured in an automobile accident in the Milwaukee area or any other area in Wisconsin and are in need of a personal injury attorney, contact Groth Law Firm S.C.
Another Example of Facebook and the Legal System June 13, 2012Posted by Attorney Jonathan Groth in Milwaukee Litigation Attorney, Milwaukee Personal Injury Attorney, Personal Groth, Personal Injury Law, Wisconsin Auto Accidents.
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Milwaukee County Circuit Court Judge Dennis Cimpl has recently made some headlines with a Facebook post. Judge Cimpl commented about Wisconsin’s Lieutenant Governor Rebecca Kleefisch stating, “Can you say Acting Governor Rebecca Kleifisch!”
The Landmark Legal Foundation has called for an investigation into whether Judge Cimpl violated the Wisconsin Code of Judicial Conduct.
Without commenting on the substance of the comments or the charges of Judicial impropriety we believe it is important to continue to tell the story of how Facebook can have an impact on everyone, their job, personal injury case or personal life.
You can find a story about the Facebook post here.
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A recent article has highlighted the continuing safety concerns with 15 passenger vans and the tendency of these vans to rollover in collisions. Since 2001, the National Highway Traffic Safety Administration (NHTSA), has released 8 warning regarding the vans’ tendency to tip over. This risk, it appears, is increased when the vans are carrying more passengers. Even more disturbing, this risk increases even when the vans are not loaded to or beyond capacity. When one of these vans is carrying 10 or more passengers the rollover rate in collisions is three times as great as it is when the van is carrying 5 or fewer passengers.
If you have been injured in an automobile accident in the Milwaukee area or any other area in Wisconsin and are in need of a personal injury attorney, contact Groth Law Firm S.C.
Wisconsin Passes Tougher Law For Unlicensed Drivers December 27, 2011Posted by Attorney Jonathan Groth in Drunk Driving, Milwaukee Litigation Attorney, Wisconsin Auto Accidents.
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Wisconsin passes tougher law for unlicensed drivers
A recent bill passed by the Wisconsin legislature and signed into law by Governor Scott Walker will make it much more difficult for unlicensed drivers who cause injuries on the road. Prior to the passage of the new law, if a driver was unlicensed and caused a death on the road, but was not drunk, negligent, or reckless, the most the driver could be charged with was a Class A misdemeanor.
That is what happened last year when Lucia Torres-Bisarraga’s Toyota Corolla collided with the body of a volunteer worker picking up litter on the side of a Wisconsin highway. Torres-Bisarraga did not have a driver’s license at the time of the accident. She was attempting to avoid a car that had pulled out in front of her. She lost control of the wheel and hit 70-year-old Cornelius “Corky” Van Handel. He eventually died from his injuries.
Torres-Bisarraga was sentenced to two years probation and is also required to spend four days per month in jail during the time she is serving her probation. The possible maximum sentence under the old law was 9 months in prison. Under the recently enacted law, the possible sentence jumps to 6 years. The new law makes it a felony to cause a death by vehicle while knowingly driving without a license. The new law also bumps up the punishment for causing serious injury on the road while knowingly driving without a license. That charge will now carry a possible 3 and ½ year prison term.
Everyone, however, is not as excited about the new law as the legislature and the governor. Torres-Bisarraga’s lawyer does not think that the change is a good idea. His problem with the new law is that it has no regard for which driver caused the accident. He is reported as saying, “I could fail to pay some parking tickets, have my license suspended and, through no fault of mine, be looking at a felony… It could be the other person’s fault, 100 percent.”
He believes that the status of a driver’s license should not determine whether one of the drivers should be charged with a felony or misdemeanor. The felony/misdemeanor determination should be based on which one of the drivers caused the accident and whether the accident could have been prevented had the one who caused the accident taken a different course of action.
On the other side of this debate are the legislature and the district attorney who believe the law is what is best for the state which has a compelling interest in protecting its highways. The District Attorney conceded that the new law might amount to putting a bandage on a broken arm, but says that the new law is important because it sends a message to drivers about how serious the state is regarding its license requirements.
The passage of this new law demonstrates the changing legal landscape in Wisconsin. Sometimes a simple car accident may lead to more serious consequences, especially now that Wisconsin is cracking down on unlicensed drivers. As the law continues to change, those who are not familiar with it would be wise to contact someone who is skilled in the area. The attorneys at the Groth Law Firm, S.C. will be happy to advise you on your best course of action should you find yourself in a similar situation.
Milwaukee Fire and Police Commission Investigate Hit-and-Run Detectives December 22, 2011Posted by Attorney Jonathan Groth in Milwaukee Litigation Attorney, Milwaukee Personal Injury Attorney, Personal Injury Law, Wisconsin Auto Accidents.
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Milwaukee Fire and Police Commission Investigate Hit-and-Run Detectives
The Journal Sentinel recently reported on the story of Nikki Harris-Brown’s fight to get the officers who investigated the hit-and-run against her disciplined for their failure to properly investigate her case. Back in 2010, Brown and her fiancé got into a verbal altercation with another patron at a bar. When the confrontation spilled into the parking lot, the patron became irate and took his frustration out on Brown. He got into his Ford Expedition, drove onto the sidewalk, and struck Brown. He then proceeded to back up over her, run over her again, and drag her nearly 40 feet under his Expedition until she was finally let loose from the underside of the massive SUV.
Brown believes that the detectives assigned to her case did not thoroughly investigate the accident and did not actively pursue the assailant. Brown spent two days in intensive care and then was transferred to a standard hospital room. During that time, she did not hear from the investigating officers and no one came to the hospital to take pictures of her injuries.
After Brown was released from the hospital, she began her own investigation. She called the police department attempting to get a copy of the incident report that should have been filed on the same day as the hit-and-run, but was told that one had never been filed. She talked to people from the bar where the hit-and-run occurred and found out the suspect’s name. She looked him up in court records and found that he was on probation for dealing cocaine at the time of the hit-and-run. Brown called the police and tried to give them his name, address, and birth date, but no one returned her call until she called her local alderman and the District Attorney’s office. Finally the police called back and took down the information she had for them. The suspect denied being in the area and offered to allow the investigating officer to inspect his car. The officer thought his supervisor would not approve the overtime so decided to put off the car inspection until the next day. When he finally got around to the inspection, both the suspect and the car had disappeared.
It was not until Brown called the suspect’s probation officer that he was arrested and charged with the hit and run. Brown then filed a complaint against the investigating officers with the Milwaukee Fire and Police Commission. She claimed that the officers did not follow department policy because they did not fully investigate the hit and run. The Commission’s investigator concluded that the officers indeed did not fully investigate. The suspect was charged and pled no contest. He was convicted and will be sentenced in January.
The Commission is expected to meet again and determine whether the officers violated department policy. If they have, then the Commission will meet to determine the officers’ punishment. If the Commission finds that the police acted within department policy, the officers will be cleared. Brown is then entitled to file a law suit against the officers in civil court.
This case shows that even those who are charged with protecting us can do harm. While the police were not the ones who caused Brown’s injuries, they exacerbated them by failing to properly investigate her case.
While the investigating officers were slacking on their duties, Brown, with severe injuries, was trying to find the man who callously ran her over in the middle of a parking lot. She may have to continue this fight in the courts and if she does, she should retain the services of a skilled Wisconsin personal injury attorney. If you or someone you know has been injured and needs the advice of an experienced Milwaukee personal injury attorney please do not hesitate to contact the Groth Law Firm at 1-877-375-7001 for a free consultation.
Source: “Injured hit-and-run pedestrian finds assailant, wants officers disciplined,” by Gitte Lasby, published by www.jsonline.com.
Congratulations Wisconsin Super Lawyers and Rising Stars November 15, 2011Posted by Attorney Jonathan Groth in Milwaukee Litigation Attorney, Milwaukee Personal Injury Attorney, Wisconsin Auto Accidents.
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A special congratulations to all of Wisconsin’s Super Lawyers and Rising Stars. The Groth Law Firm is privileged to have two Wisconsin Rising Stars. Attorney Jonathan Groth and Attorney Jacqueline Chada Nuckels were once again named to the list of the top Personal Injury Attorneys in Wisconsin.
How are attorneys chosen? Wisconsin lawyers are asked to nominate the best attorneys who are under 40 or who have been practicing for 10 years or less. Only the top 2.5% of the lawyers in the state are chosen and named to the Rising Stars list.
Congrats to everyone:
Matthew Allen, Platteville
Jeffrey Berzowski, Neenah
Jesse Blocher, Waukesha
Byron Conway, Green Bay
Robert Crivello, Brookfield
Brandon Derry, Madison
Brett Eckstein, Brookfield,
Allan Foeckler, Brookfield,
Michael Gibbs, Fond du Lac
Eric Haag, Middleton
Ryan Hetzel, West Bend
Paul Jacquart, Milwaukee
Eric Knobloch, Milwaukee
Jason Knutson, Madison
Chad Kreblin, Milwaukee
Jason Oldenburg, Milwaukee
Andrew Parrish, Madison
Nicholas Petty, Milwaukee
Gregory Pitts, Racine
Jacob Reis, Appleton
Jason Richard, Milwaukee
Amy Risseeuw, Appleton
Randall Rozek, Milwaukee
Eric Ryberg, Madison
Erich Scherr, Milwaukee
Jacob Schrinsky, Milwaukee
Christopher Strohbehn, Milwaukee
Erin Strohbehn, Milwaukee
Jason Studinski, Stevens Point
Brendy Sunby, Wausau
Lance Trollop, Wausau
Benjamin Wagner, Milwaukee
Robert Welcenbach, Milwaukee
Geoffrey Wilber, Milwaukee
Peter Young, Rhinelander
We are proud to be included with such well respected and knowledgeable attorneys. Thanks to everyone who put their trust in us over the years. It is really something special that our attorneys are chosen by their peers as the top 2.5% of personal injury attorneys in Wisconsin.