Hot Coffee Revisited October 21, 2013
Posted by Attorney Jonathan Groth in FAQ Personal Injury.Tags: attorney jon groth, hot coffee, Wisconsin Injury Attorney, wisconsin injury law
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Just read a really interesting article (video too) at the New York Times’ website. It discusses the implications of the “Hot Coffee” case and the facts behind the verdict.
I’d recommend you take the time to read it if you are interested in how juries perceive the justice system and verdicts:
http://www.nytimes.com/2013/10/21/booming/not-just-a-hot-cup-anymore.html?_r=0
The “Unusual” Minor Settlement September 30, 2013
Posted by Attorney Jonathan Groth in Minor Settlements.Tags: Injury Attorney, minor settlement Wisconsin, settlements for minors, Wisconsin Personal Injury Attorney
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When we settle a claim for someone under the age of 18 years we just assume that everyone will be asked to get in front of a Circuit Court Judge for approval.
It isn’t a guarantee though. Sometimes insurance companies don’t require a minor settlement hearing. It’s their prerogative. They can do what they want to do when it comes to demanding court approval.
That’s what makes some minor settlements unusual. It is the unusual case that does NOT require court approval. The statute involved is:
Wisconsin Statute Section 807.10
(1) A compromise or settlement of an action or proceeding to which a minor or individual adjudicated incompetent is a party may be made by the guardian, if the guardian is represented by an attorney, or the guardian ad litem with the approval of the court in which such action or proceeding is pending.
It is really up to the insurance company to decide whether they want to risk not having the force and effect of the court system. Minors cannot be held to a contract. So, if an insurance company pays an amount of money to settle an injury claim for a child and does NOT require court approval that minor could come back when they are 18 (but before they are 20) and file a lawsuit against the insurance company for damages.
You can be sure that the insurance company would fight the claim and show the court the cashed check, letters and other claims documents regarding the claim. It would be up to the court to decide whether the claim would survive. My guess is that a jury would ultimately have to decide what amount in damages the plaintiff would recover. If the jury verdict was for an amount larger than the settlement the plaintiff would have “won.” But if the amount was for an amount less than the previous settlement the insurance company may be able to recover all of their costs from the plaintiff for having to fight the claim.
Most of the time we recommend that a Judge approve a minor settlement even if the insurance company doesn’t require one.
Call us if you have any questions about the process.
877-375-7001
Attorney Jon P. Groth is a Wisconsin Personal Injury Attorney located in the Milwaukee area and serving clients across Wisconsin from Black River Falls to Wauwatosa and Kenosha to Marinette.
M Magazine’s Leading Lawyers 2013 June 26, 2013
Posted by Attorney Jonathan Groth in FAQ Personal Injury.Tags: Milwaukee Personal Injury Attorneys
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Congratulations to Milwaukee’s Leading Lawyers! M Magazine asked www.AVVO.com to help come up with the top 2 to 5 percent in certain categories of the law. The Personal Injury List includes Attorney Jon Groth. Thanks Avvo and M Magazine for this honor!
Personal Injury
Jesse Blocher
Habush Habush & Rottier S.C.
W23755 Stone Ridge Drive, Suite 100, Waukesha
Charles Blumenfield
Blumenfield & Shereff LLP
1001 W. Glen Oaks Lane, Mequon
Merrick Domnitz
Domnitz & Skemp S.C.
825 N. Jefferson St., fifth floor, Milwaukee
Jonathan Groth
Groth Law Firm, S.C.
13035 W. Bluemound Road, Suite 205, Brookfield
(414) 375-2030
Ann Jacobs
Domnitz & Skemp S.C.
825 N. Jefferson St., fifth floor, Milwaukee
Robert Jaskulski
Habush Habush & Rottier S.C.
777 E. Wisconsin Ave., Suite 2300, Milwaukee
Lynn Laufenberg
Laufenberg, Jassak & Laufenberg S.C.
115 S. 84th St., Suite 250, Milwaukee
Michael Levine
The Law Offices of Robert A. Levine
111 E. Wisconsin Ave., Suite 1710, Milwaukee
David McCormick
The Previant Law Firms S.C.
1555 N. Rivercenter Drive, Suite 202, Milwaukee
Jason Oldenburg
The Previant Law Firms S.C.
1555 N. Rivercenter Drive, Suite 202, Milwaukee
Jeffrey Pitman
Pitman, Kyle, Sicula & Dentice S.C.
1110 N. Old World 3rd St., Suite 510, Milwaukee
Edward Robinson
Cannon & Dunphy
595 N. Barker Road, Brookfield
Randall Rozek
Rozek Law Offices
407 W. Silver Spring Drive, Milwaukee
Paul Scoptur
Aiken & Scoptur S.C.
2600 N. Mayfair Road, Milwaukee
Christopher Strohbehn
Gimbel Reilly Guerin & Brown LLP
330 E. Kilbourn Ave., Suite 1170, Milwaukee
Kent Tess-Mattner
Schmidt, Rupke, Tess-Mattner & Fox S.C.
17100 W. North Ave., Brookfield
Mark Thomsen
Cannon & Dunphy, 595 N. Barker Road, Brookfield
Timothy Trecek
Habush Habush & Rottier S.C.
777 E. Wisconsin Ave., Suite 2300, Milwaukee
Linda Vanden Heuvel
Vanden Heuvel & Dineen S.C.
N11086 Stonewood Drive, Menomonee Falls
Benjamin Wagner
Habush Habush & Rottier S.C.
777 E. Wisconsin Ave., Suite 2300, Milwaukee
Robert Welcenbach
Welcenbach Law Offices S.C.
2100 N. Mayfair Road, Suite 102, Milwaukee
New Client Testimonial May 22, 2013
Posted by Attorney Jonathan Groth in Drunk Driving, FAQ Personal Injury, Milwaukee Personal Injury Attorney, Motorcycle Collisions, Personal Injury Law.Tags: auto accident, Bicycle Accident, bicycle law wisconsin, client testimonial, milwaukee injury attorney
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Thanks again to our clients for their support over the years. We just received another great recommendation:
I am extremely grateful to have had Jon as my attorney for my personal injury case. I feel Jon went above and beyond to make sure I received the settlement I deserved for my injuries. Every aspect of my case was taken care of by Jon and his wonderful staff and I can honestly say that I was in good hands from beginning to end.
Please contact our firm with any questions or helpful information toll free at 877-375-7001 or visit our website http://www.grothlawfirm.com/contactWisconsinLawyer.asp.
Groth Law Firm, S.C.’s 3rd Birthday March 1, 2013
Posted by Attorney Jonathan Groth in FAQ Personal Injury.Tags: Groth Law Firm, S.C., wisconsin personal injury
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Happy Birthday Groth Law Firm, S.C. Three years ago today we opened our doors. Thanks to everyone who helped us along the way.
Attorney Groth’s Interview on WIBA 1310 Madison February 23, 2013
Posted by Attorney Jonathan Groth in FAQ Personal Injury.Tags: Texting While Driving; Milwaukee Personal Injury Attorney, Wisconsin Personal Injury Attorney
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Attorney Groth’s Interview on WIBA 1310 Madison
Listen to Attorney Groth’s interview on News/Talk 1310 in Madison.
Apps to Stop Texting While Driving February 22, 2013
Posted by Attorney Jonathan Groth in FAQ Personal Injury.Tags: Personal Injury Attorney, texting while driving, Wisconsin Personal Injury Attorney
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Apps to Stop Texting While Driving
I found this interesting article about various apps that will prevent a phone from texting while driving. The app works with the phone’s GPS to see how fast the phone is moving. If it is moving faster than a person can walk the phone is blocked from texting. I haven’t tried it. In theory it would prevent someone from texting while driving a car or while on a bike or bicycle. If you are a passenger in a car you can answer a timed question to unlock the app. Maybe a good idea for parents with teenage kids.
Attorney Jonathan Groth’s Interview on Chicago’s WGN 720 February 19, 2013
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Attorney Jonathan Groth’s Interview on Chicago’s WGN 720
Attorney Groth was a guest on the Bill Leff show on Chicago’s WGN 720. Listen to the podcast when you have a chance.
Jon Groth's Wisconsin Personal Injury Weblog 