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Direct Action in Wisconsin May 18, 2010

Posted by Andrew Christman in FAQ Personal Injury, Personal Injury Law, Wisconsin Auto Accidents.
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Wisconsin Statute 632.24 may appear confusing on first read.  The implications however are much more straight forward.  Wisconsin Statute 632.24 makes Wisconsin a direct action state.  In states that do not have a direct action rule, injured parties must bring a suit against only that party who harmed them.  After the judgment in this case, the insured defendant will then pursue contribution from their insurance company.  Wisconsin’s direct action statute, however, requires that in a negligence suit, plaintiffs bring suit not only against the party who harmed them, but also directly bring suit against that party’s insurer.  Normally a direct action like this against the insurance company would not be possible under contract law because the injured party would not have privity to the insurance contract and therefore could not seek to enforce the contract by holding the insurance company directly liable for the actions of their insured.  Wisconsin Statute 632.24 changes this by making the insurance company directly liable to the insured party.

Feel free to contact Groth Law Firm, S.C.  if you have any questions or would like to discuss your need for a personal injury attorney.  Groth Law Firm, S.C. has offices to meet with clients in Brookfield, Milwaukee, Green Bay and Marinette.

Wisconsin Texting While Driving January 29, 2010

Posted by Attorney Jonathan Groth in Motorcycle Collisions, Wisconsin Auto Accidents.
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In my latest post I talked about my last trial. In that trial I had to subpoena the defendant driver’s cell phone records. With the rise of collisions because of a texting or distracted driver this is something that every attorney really needs to consider doing.

Nowadays many injured car accident victims say that the other driver was on the phone or somehow distracted. It is very important that the at fault driver’s cell phone records are subpoenaed early on in the process. Luckily I did just that in this last case. I learned that certain cell phone providers purge their records after a period of time.

Before you hire a personal injury attorney be sure to interview them about their experience using cell phone records at trial and how (and when) they will go about obtaining the cell phone/texting records.

Uninsured Motorist In Wisconsin November 9, 2009

Posted by Attorney Jonathan Groth in FAQ Personal Injury, Motorcycle Collisions, Wisconsin Auto Accidents.
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What happens if you are involved in an auto accident and the at fault person says they have no insurance.  How do you know if they are lying?

One of the “tricks of the trade” is using the State’s resources and power to pull the at fault driver’s license for a year or until payment of damages is made.

The form that is sometimes used is t342.   I suggest you call the Wisconsin DMV or a person injury attorney with any questions about what to do when confronted with this situation.

Service of Process on Internet Sites November 4, 2009

Posted by Attorney Jonathan Groth in FAQ Personal Injury, Personal Injury Law, Wisconsin Auto Accidents.
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Need to subpoena Facebook or Gmail?  If you do, then you’ll need to know where to serve the subpoena.  For example, how would you know that Facebook has an email just for subpoenas (subpoena@facebook.com)?  Do you know the office in Palo Alto and telephone and fax number for the Facebook department that accepts service?

You’ve gotta check out this site.  It is meant for law enforcement but open to the public.

Truckin’ September 10, 2009

Posted by Attorney Jonathan Groth in Personal Injury Law, Wisconsin Auto Accidents.
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I’m glad I didn’t travel very far this past Labor Day.  We travelled “up north” to Marinette County.  A beautiful part of Wisconsin.  

Anyway, I read this news brief from the AAJ’s website about various safety violations involving over the road truckers (semi trucks, tractor trailers etc.) .

It appears that Wisconsin has a rate of trucker safety violations that are in excess of the national average.  The article states:

States that had a rate of companies in violation of safety requirements above the national average include West Virginia, North Dakota, Nebraska, Vermont, Iowa, Montana, Delaware, Idaho, Arkansas, Connecticut, Kentucky, Minnesota, North Carolina, Oregon, Indiana, Mississippi, Wisconsin, and South Dakota.  A full listing of all companies in violation of federal safety requirements by state is available at www.justice.org/trucksafetyviolations.

I hope everyone had a safe Labor Day weekend.   Keep driving safe!

Stories From An Auto Accident Trial September 4, 2009

Posted by Attorney Jonathan Groth in Personal Injury Law, Wisconsin Auto Accidents.
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As I’m sure you can imagine I have lots of little stories from my trial last week.  One thing I wanted to mention is the Hanson case.  Hanson v. American Family Insurance, 294 Wis.2d 149, 716 N.W.2d 866 (2006). 

Hanson is a case decided by the Wisconsin Supreme Court.  In short, it says that an injured victim of a car accident (or the victim of someone elses’s negligence or intentional acts in general) has the right to recover for medical care even if that care was unnecessary.  It’s recoverable so long as the injured person initially went to the doctor in good faith and then followed the doctor’s orders.

In Hanson, the injured party went to the doctor in good faith (i.e. used ordinary care in choosing the doctor).  The doctor then performed a surgery.  The at fault insurance company, American Family Insurance, hired a doctor to say that the surgery was unnecessary.  American Family said they should not be held responsible for unnecessary treatment.  The injured victim argued he simply relied on his doctor.

So, when deciding who should pay for this unnecessary treatment the Wisconsin Supreme Court said it should not be the injured victim.   The insurance company is in a better position to pay for it. They caused the initial harm, they should pay for all damages that flow from that initial harm.

We had a nice long discussion with the Judge about this case at trial.  Interesting stuff.

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

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

Largest “Soft Tissue” Auto Accident Verdict in Sheboygan August 28, 2009

Posted by Attorney Jonathan Groth in Personal Injury Law, Wisconsin Auto Accidents.
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That’s according to the presiding Sheboygan Judge’s memory from his 20 years on the bench.  The Jury came back with this verdict in my trial yesterday afternoon.  The trial against State Farm lasted about 3 days.

Before trial (this is a topic for another post) and when I returned to the office we did a few searches on Verdict Reporting companies.  From what we can find there were no soft tissue verdicts in reach. 

Now that the trial is over I’ll have more time to post and get back to my ‘old’ self.

Watch for more posts soon.

Rotator Cuff Injury June 18, 2009

Posted by Attorney Jonathan Groth in Motorcycle Collisions, Personal Injury Law, Wisconsin Auto Accidents.
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“Rotator Cuff Injury”

I think this is a phrase that is pretty widely used.  We often hear  announcers talk about a rotator cuff injury during a football game.  It’s pretty common.  But, this phrase is so widely used that it may not be completely understood.  Everyone assumes that everyone else knows what it means.

Well, the Doe Report has some medical illustrations of  a shoulder and rotator cuff.  Take the opportunity to look it over.   It is pretty interesting stuff.

Personal injury attorneys use these types of illustrations often to help teach juries about the objective findings of injury.  People can talk and talk but looking at picture often makes the information sink in.

Who To Sue? June 16, 2009

Posted by Attorney Jonathan Groth in FAQ Personal Injury, Personal Injury Law, Wisconsin Auto Accidents.
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After reading this post I was reminded of a basic tenant in trial law.  Know who you are going to sue.

A big mistake made by some pro se litigants is either serving the wrong party or serving the “right” entity but the wrong person.

For example, lets say you are going to sue BobJon, Inc.  Their registered agent is Tim Bob whose office is at their plant in Marinette, Wisconsin.  You hire a process server who takes an authenticated Summons and Complaint (make sure they serve an authenticated copy) to the plant and serves Scott Tim in processing.

Well, you served an employee at the plant right?  The registered agent has an office at that plant according to records you found using Wisconsin’s CRIS website.

This service may not be enough to obtain jurisdiction against the defendant.  Section 801.11 Wisconsin Statutes sets the standard for service of process.

The statutes say that if you can’t serve Tim Bob then you can serve someone “apparently in charge of the office.”  Is Scott Tim in charge of the office?  He’s in “processing.”

“Apparently in charge of the office” in sub. (5) (a) refers to what is apparent to the process server. When a receptionist referred the process server to her superior, who did not send the server to the proper office, the server could serve the superior, particularly since the superior had accepted service of process in other actions without objection by the company.  Keske v. Square D Co. 58 Wis. 2d 307, 206 N.W.2d 189 (1973).

Catch my drift.  This issue is often litigated because if the letter of the law is not met the defendant has a chance of escaping liability (if the statute of limitations has run) and dismissing the suit (and costing the plaintiff additional expenses and time).

Be weary of who you sue.  Cross your T’s and dot your I’s before you send the Summons and Complaint out for service. And always use a reputable process server!

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

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

Timely Payment of Claims June 5, 2009

Posted by Attorney Jonathan Groth in Dog Attack Information, FAQ Personal Injury, Motorcycle Collisions, Personal Injury Law, Wisconsin Auto Accidents.
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There are a ton of laws.  That may be the biggest understatement I’ve ever written.

I mention this because it’s a reason to hire an attorney.  How many people have heard of the “Timely Payment of Claims” Statute.  It’s Section 628.46 of Wisconsin’s Statutes.  It applies to first party insurance payments and also third party insurance payments.  So, if you are injured by someone without insurance and you file an uninsured motorist claim this statute applies.   Because of the “recent” Kontowicz case it applies to claims against an at fault insurance company also.

Attorneys for injured people can push insurance companies to review and make offers to settle cases within 30 days of receiving all of the documents related to an injury.  If the insurance company drags its feet it may be subject to 12% interest.  Or, if the insurance company agrees to that a portion of an injury is definitely related to an accident that insurance company, under the statute, should pay the undisputed amount asap.

For your information the statutes says:

(1) Unless otherwise provided by law, an insurer shall promptly pay every insurance claim. A claim shall be overdue if not paid within 30 days after the insurer is furnished written notice of the fact of a covered loss and of the amount of the loss. If such written notice is not furnished to the insurer as to the entire claim, any partial amount supported by written notice is overdue if not paid within 30 days after such written notice is furnished to the insurer. Any part or all of the remainder of the claim that is subsequently supported by written notice is overdue if not paid within 30 days after written notice is furnished to the insurer. Any payment shall not be deemed overdue when the insurer has reasonable proof to establish that the insurer is not responsible for the payment, notwithstanding that written notice has been furnished to the insurer… All overdue payments shall bear simple interest at the rate of 12% per year.