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.Tags: Allstate Insurance, insurance settlement, Wisconsin Personal Injury Attorney
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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.
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Milwaukee, Milton, Kenosha and Wauwatosa.
Technology and the Personal Injury Lawyer November 12, 2008
Posted by Attorney Jonathan Groth in Drunk Driving, Personal Injury Law.Tags: Drunk Driving, wisconsin personal injury, Wisconsin Personal Injury Attorney
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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 Allis, Sheboygan, Plymouth, and Germantown.
If you’d like to submit a question or case please complete a case submission form.
Put Pen to Pad November 11, 2008
Posted by Attorney Jonathan Groth in FAQ Personal Injury.Tags: wisconsin personal injury, Wisconsin Personal Injury Attorney
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It’s kind of a lost art. Our hectic lives don’t lend themselves to taking a few moments out of the day to write things down. This post makes a good point about the benefits of putting pen to pad.
This applies to personal injury law. In some cases the process of healing can take months or longer. What happens when a doctor tells an accident victim to take medication and “see me in a few weeks.” In this case it is very important to write down, on a daily basis, how injuries affect every part of the day. As an injury victim you are your best advocate to your physician. So, write down the problems in order to remember them for the next time you see your doctor.
It’s also wise to keep a journal/diary in case the insurance company takes a hard stance and a law suit must be filed. The website I mentioned says:
The very act of writing things down helps to get them lodged into your long-term, not short-term, memory.
If a case goes on for a while because the insurance company is being unreasonable wouldn’t it be wise to make sure that the victim remembers how they felt soon after the collision?
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in West Allis, Crivitz, Plymouth, and Germantown.
If you’d like to submit a question or case please complete a case submission form.
Social Networks and Personal Injury Law November 10, 2008
Posted by Attorney Jonathan Groth in FAQ Personal Injury, Motorcycle Collisions, Wisconsin Auto Accidents.Tags: Wisconsin Auto Accidents, wisconsin personal injury, Wisconsin Personal Injury Attorney
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Trialtechview.com blogged about social networking sites and child custody cases. This advice also applies to personal injury law. I’ve found a lot of information about at-fault drivers on their Myspace pages. People like to talk. Young people especially seem to think that they are talking only to their friends. So, you’ll find a lot of information that is usually only shared in the confines of a locker room or in their high school hallways.
In short, don’t just have an investigator get statements from witnesses of a collision. Check out google’s blog search, myspace and facebook for other information. Also, set up a google alert for any key names or unique information. You’ll be surprised what you find. I was!
I don’t want to share too many of my tricks of the trade on this blog. Give me a call or send an email and I’ll be happy to give some more advice.
Deer Love November 7, 2008
Posted by Attorney Jonathan Groth in Wisconsin Auto Accidents.Tags: auto accident, Wisconsin Auto Accidents
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It’s that time of year in Wisconsin and across the nation. It’s the rut. That’s when every buck tries to find a doe.
According to the Insurance Institute for Highway Safety approximately 223 people died in animal-vehicle crashes in 2007.
institute records revealed from January 2005 through April 2008, animal-vehicle collisions were three times more likely during November.
Rural areas with speed limits around 55 mph were most dangerous. They note that collisions were more likely to happen between dusk and dawn. So, if you are going to the cabin to get set for the upcoming deer season be careful driving!
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Marinette, Milwaukee, Milton and Wauwatosa.
Take Responsibility Dog Owners! November 6, 2008
Posted by Attorney Jonathan Groth in Dog Attack Information.Tags: Dog Attack Information, Wisconsin Dog Bite Attorney, Wisconsin Dog Bite Law, Wisconsin Dog Bites
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The Manitowoc Herald Times Reporter noted a frustrating story about a dog bite victim. A Keil woman was attacked by a dog. It appears that, at first, she didn’t realize that the dog broke her skin. The dog’s owners left the scene and didn’t give any identifiable information. Soon thereafter the victim noticed that the dog broke her skin. She went to the hospital and was told that because no one knew whether the dogs were up on all of their shots she would have to undergo rabies vaccination shots.
This is just another example of a victim of a dog bite having to undergo potentially unnecessary medical care. The victim may have to worry about having rabies, the pain of the shots not to mention the time away from work and her family. There isn’t an update so I don’t know whether they ever found the dog owners.
Wouldn’t it just be easier if the dog owner stuck around and gave the victim her information? No matter how small the bite seems at first why not just exchange information? If the dogs don’t have rabies then all this would not have to happen.
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Racine, Wauwatosa, New Berlin and Manitowoc.
Nursing Home Admitted Residents Just for the Profit? November 5, 2008
Posted by Attorney Jonathan Groth in Personal Injury Law.Tags: Nursing Home Abuse, wisconsin personal injury, Wisconsin Personal Injury Attorney
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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.
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.add a comment
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.Tags: wisconsin personal injury, Wisconsin Personal Injury Attorney
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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.
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Janesville, Athelstane, Sheboygan and Wauwatosa.
MyKey – Ford and Parents November 3, 2008
Posted by Attorney Jonathan Groth in Wisconsin Auto Accidents.Tags: Wisconsin Auto Accidents, wisconsin personal injury, Wisconsin Personal Injury Attorney
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Next year Ford will roll out a new feature on its Focus. It’s supposed to help parents keep a handle on their kids. Through controls on any key a parent can limit a vehicle’s top speed to 80 miles per hour.
In addition to speed limits, MyKey also will limit the volume of the audio system, and it will sound a six-second chime every minute if seat belts are not fastened. The chime sounds for adult drivers, too, but ends after five minutes to avoid annoying adults who adamantly don’t want to wear seat belts, Buczkowski said. Parents also have the option of having the car sound a chime if the teen exceeds 45, 55 or 65 mph.
As an injury attorney this is a very interesting piece of technology. Once it is on the streets I’ll ask every at fault driver of a Focus for all information about their MyKey system. I wonder if it will store how many times parents change the limits?
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Milwaukee, Marinette, Milton and Wauwatosa.
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