Who To Sue? June 16, 2009
Posted by Attorney Jonathan Groth in FAQ Personal Injury, Personal Injury Law, Wisconsin Auto Accidents.Tags: filing a lawsuit, registered agent, service of process, trial attorney, Wisconsin Personal Injury Attorney
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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.
Eyes ON The Road And OFF The Phone June 11, 2009
Posted by Attorney Jonathan Groth in FAQ Personal Injury.Tags: cell phone bans, driving while distracted, wisconsin personal injury, Wisconsin Personal Injury Attorney
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A good friend in Illinois just blogged about the American Medical Association’s push to get states to pass driver cell phone use laws.
Reporters also learned the new AMA policy encourages physicians to educate patients on the public health risks associated with driving while distracted with text messages and cell phones. The AMA is supporting any state legislature enacting laws to eliminate the use of text messaging by motorists while driving.
Included in this post is some shocking information.
The AMA sites a recent study reflects text messaging while driving causes a 400% increase time spent with eyes off the road. American drivers and passengers should not have to be concerned that other drivers are focused on texting instead of traffic.
It makes sense. When your eyes are on your cell phone and you are concentrating on hitting the right button they can’t concentrate on traffic.
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.Tags: injury settlement, insurance settlement, Personal Injury Attorney, wisconsin personal injury
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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.
Who Is Looking? June 4, 2009
Posted by Attorney Jonathan Groth in Personal Injury Law, Wisconsin Auto Accidents.Tags: Allstate Insurance, American Family Insurance, Certified Medical Records, insurance settlement
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What happens if a medical facility releases your medical records to the general public? What happens if an insurance company releases medical records to the general public?
Well, according to Section 146.84 Wisconsin Statutes that facility or person may be liable for tens of thousands of dollars in addition to actual damages and ACTUAL attorneys fees. Believe me, that can be a lot of money.
I found an article from a few years ago written by a couple Michael, Best and Friedrich attorneys concerning this issue. I hope it will continue to be available. Finerty and Barlament state:
This statute may apply to entities other than health care entities. The statute’s penalty provisions for example, Wis. Stat. § 146.84, apply to “[a]ny person, including the state or any political subdivision of the state” who violates Wis. Stat. § 146.82 or 146.83. Wis. Stat. § 146.84(1)(b), (bm). Similarly, penalties (including a fine of up to $25,000 and up to 9 months in prison) can be applied to “[w]hoever” obtains certain confidential information under false pretenses or with knowledge that the disclosure is unlawful and not reasonably necessary to protect another from harm. Wis. Stat. § 146.84(2)(a).
I was thinking about this after a client asked me what protection she/he has when medical records are released to an at-fault insurance provider. In all honesty the liability of the company who discloses to the public certain records depends on the authorization that was signed and the particular facts of the release of those records. But, if a company or hospital releases records improperly at least this statute exists as a pretty significant penalty.
Young Surgeons and Old Lawyers June 3, 2009
Posted by Attorney Jonathan Groth in FAQ Personal Injury, Personal Injury Law.Tags: Personal Injury Attorney
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I never quite understood this phrase. I mean, I get the concept. You want a young surgeon for her/his up-to-date knowledge gained from medical school. The medical school is on the cutting edge (pun intended), ergo the young surgeon will know the latest techniques etc.
When it comes to lawyers why are “old lawyers” best? It has to do to specializing says the Northern Michigan Review. An attorney with 25 years experience stated in this article:
one of the first questions a client should ask is whether the attorney has ever handled a case like this before, and if so, provide some examples…you don’t need to reinvent the wheel after 25 years in practice. There probably isn’t anything I haven’t done at least once … The truth is, you want your surgeons young and your lawyers old.
I’m not that young anymore. I’ve been practicing law since 2000. I’m pretty sure I disagree with this article’s core theory. Depending on the case you want an attorney who knows how the law affects a client’s problem.
A “young” attorney shouldn’t be tossed aside for merely being “young”. If the attorney, knows the issues, the law and really understands the problems a client is going through isn’t that all you can ask for in a lawyer?
I have the luxury of “youth” and experience. I’ve always worked for a law firm. I’ve always had another attorney to bounce ideas off of. In hindsight, I think I did the right thing by working for a general practice firm for my first few years out of law school. I hope I understand a little bit about a lot of areas of the law. As an attorney for injured people I deal with a lot of issues that stem from these injuries. I hope I bring a little age (i.e. experience) along with my “youth”.
American Bar Association Section of Litigation April 29, 2009
Posted by Attorney Jonathan Groth in FAQ Personal Injury.Tags: Wisconsin Personal Injury Attorney
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I’ll be attending the ABA Section of Litigation Annual Conference in Atlanta. The conference runs from April 29th – May 1st.
I’m looking forward to it. Check out some of the topics at their site.
If you need to get a hold of me while I’m at the conference feel free to comment at this blog. I’ll be checking in from time to time. Also, feel free to follow me at twitter.com/jonpgroth.
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.
More Attorneys in Wisconsin? April 27, 2009
Posted by Attorney Jonathan Groth in FAQ Personal Injury, Personal Injury Law, Wisconsin Auto Accidents.Tags: Civil Justice In Wisconsin, jury trial, Personal Injury Attorney, Wisconsin Personal Injury Attorney
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I’m following up on my post from last week. Other bloggers have also commented on the Civil Justice in Wisconsin, A Fact Book publication from UW Law School.
I wanted to direct everyone to a few interesting things in this Fact Book. Page 31 asks “Is Wisconsin ‘Overlawyered’?”. The Civil Justice Fact Book states, “Wisconsin, with about 2 percent of the U.S. Population, has about 1.3 percent of the country’s lawyers.” It goes on to say that Wisconsin’s attorneys are “slightly older” than the national average with “a median of fifty years of ages versus a national median of forty-seven.”
The conclusion is that “Wisconsin seems to have about one-third fewer lawyers per capita than the rest of the country and it is not catching up.”
Interesting stuff. I though Wisconsin would have more attorneys based upon our diploma privilege. But, I’m wrong.
Keep an eye out for more comments on the Civil Justice in Wisconsin, A Fact Book.
Civil Justice In Wisconsin April 21, 2009
Posted by Attorney Jonathan Groth in Drunk Driving, FAQ Personal Injury, Motorcycle Collisions, Personal Injury Law, Wisconsin Auto Accidents.Tags: Civil Justice In Wisconsin, jury trial, Personal Injury Law
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I’ll write more about this in coming days but I wanted to link to this “Fact Book” published by The University of Wisconsin Law School.
Below is the “Foreword” from the Fact Book:
Our civil justice system has always been a matter of intense public interest, from television drama to newspaper editorial pages. To some, trial lawyers are the champions of the underprivileged and downtrodden; to others, they are a threat to the state’s business climate. All too often, these impressions are shaped by the attention paid to a single sensational case, severed from the context of the hundreds or thousands of other disputes that people regularly look to our court system to resolve. In the interest of shifting the focus to that broader context, two of our faculty members volunteered to gather the data and provide the commentary that forms this booklet. Their goal was to provide an objective picture of the civil justice system in Wisconsin, focusing on the basic facts about the state’s civil courts and the litigation in them and comparing it with the situation in neighboring states. The authors need little introduction to those familiar with civil litigation and the court system. Marc Galanter is the John and Rylla Bosshard Professor of Law Emeritus, and an internationally recognized expert on trends in civil litigation. Susan Steingass recently retired from her position as the Director of the Law School’s Communication and Advocacy Program. She brings to the project her substantial experience as a former trial judge, state bar president, and litigator with a long career of representing both plaintiffs and defendants in civil litigation. Some readers may well be surprised by some of the statistics that follow. Other readers with a particular stake in the civil justice debate may wonder if this project is an effort to advocate for one position over another. I can assure you that this is neither the project’s intent nor, in my opinion, its effect. Open debate on issues of consequence to our state and nation is one of the hallmarks of our Law School’s educational tradition. This booklet reminds us that collecting the best available information provides a platform for such a debate and leads to the process of finding the best possible solutions to the issues. On behalf of the Law School, I wish to acknowledge and thank the authors and the law students who worked with them for their important contribution to the ongoing discussion of the civil justice system.
Kenneth B. Davis, Jr.
Fred W. & Vi Miller Deanship
University of Wisconsin Law School
You can order the Civil Justice in Wisconsin book at the UW Law School’s website. It is a good read and I’ll have comments in the coming days.
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