A Bad Situation Even Worse June 18, 2008
Posted by Attorney Jonathan Groth in FAQ Personal Injury.Tags: medical care, minor settlement, Wisconsin Personal Injury Attorney
add a comment
I was contacted recently by a very upset daughter. Her widowed father had passed away. She felt his death was his Doctor’s fault. Sadly I had to inform her that I would listen to her story but would not be able to help her no matter what she said. In Wisconsin (Sec. 655 Wis. Stats.) an adult child has no claim for the loss of a parent because of medical malpractice. The estate of the parent has a claim for pain and suffering but I don’t know of a situation that we would be able to prove pain and suffering when the witness had already passed.
This is an interesting snag in the law. I hope to write about it more in the future.
Surprise! Teen Drivers Ignore Rules June 15, 2008
Posted by Attorney Jonathan Groth in FAQ Personal Injury.Tags: auto accident, Wisconsin Personal Injury Attorney
add a comment
Actually, I’m not surprised. A recent AP article notes a study which says teen drivers don’t abide by the law against using cell phones.
The understatement of the year may be a quote from the article, “Cell phone bans for teen drivers are difficult to enforce.” This was referring to enforcement by police agencies.
I think the easiest enforcement is for parents to take cell phones away. Or simply talk with teens about the dangers of talking on cell phones. If any parents want examples of how using a cell phone while driving is dangers just give me a call. I can give you lots of examples of my clients who were seriously injured in motor vehicle accidents where the at fault party was distracted by a cell phone.
FYI. There is no statewide ban on cell phone use while driving in Wisconsin.
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Milwaukee, Racine, Kenosha and Wauwatosa.
Finally Some “Good” News June 14, 2008
Posted by Attorney Jonathan Groth in Personal Groth.Tags: Allstate Insurance, auto accident, wisconsin personal injury, Wisconsin Personal Injury Attorney
add a comment
Allstate recently conducted a survey about fatal teen crashes.
The metro area including Milwaukee-Waukesha-West Allis is one of the 10 LEAST deadly teen driving hotspots according to Allstate Insurance and its research foundation. Chicago-Naperville-Joliet, IL also falls in the least deadly category.
There is bad news for Wisconsin vacationers. The Tampa-St. Petersburg-Clearwater area is the greatest “hotspot for fatal teen crashes.”
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Crivitz, Kenosha, Janesville and Wauwatosa.
Go Webster Wisconsin! June 13, 2008
Posted by Attorney Jonathan Groth in Personal Groth.Tags: Last Comic Standing, Mary Mack
1 comment so far
Totally off the subject. If there is an opportunity (I’ll remind you if need be) please watch and support Mary Mack of Webster, Wisconsin. She is a semi-finalist on NBC’s Last Comic Standing. For those of you curious Webster is between Siren and Danbury, Wisconsin. It’s west of Spooner, Wisconsin. Seriously, it is northeast of St. Paul and Minneapolis in the Northwest corner of Wisconsin. I think Mary Mack calls it the “taxidermy part” of Wisconsin.
Anyway, I’m always in favor of the home team. In this case it’s the home state comedian.
Stay tuned and support Mary Mack.
Hurray for Tony Staskunas of West Allis, WI. June 12, 2008
Posted by Attorney Jonathan Groth in FAQ Personal Injury, Personal Groth.Tags: Drunk Drivers, wisconsin personal injury
add a comment
I like Tony. He was opposing counsel in an estate dispute a number of years ago. He is one of Wisconsin’s Legislators that has a “full time” job besides his job representing West Allis and surrounding areas in Madison.
But now I like him even more. He is one of 5 Wisconsin Legislators who have proposed making 1st time drunk drivers subject to an interlock device. An ignition interlock system makes a driver blow into a tube to check their blood alcohol content before they are able to drive. Good job Tony Staskunas.
I hope that the drunk drivers are the ones that pay for these devices and NOT the rest of us.
The Milwaukee Journal Sentinel states that he proposes that the maker of the interlock systems be forced to set up a fund to pay for the drivers who can’t pay for it themselves. Why penalize the makers of the companies? The drivers should be the ones penalized. Again, why not put them in prison or work release (working somewhere where they don’t have to drive obviously) until they pay for the interlock system. When they pay for it they can join the rest of free society.
Just my two cents.
Since I’ve Written So Much On Drunk Drivers… June 12, 2008
Posted by Attorney Jonathan Groth in Personal Groth.Tags: Drunk Driving, restitution, wisconsin personal injury
add a comment
I might as well write about the other side of the coin. The victims. In particular, compensation. Compensation for injuries comes from two main areas, insurance companies for the at fault party (or uninsured motorist coverage which stands in the shoes of the at fault party) and restitution (i.e. the criminal courts). I wrote an article recently about Restitution for victims of drunken driving collisions. Here’s a section from it:
In Wisconsin a few years ago, 326 people died and 6,221 were injured in alcohol-related traffic crashes. Approximately 42 percent of all fatal crashes in Wisconsin involved alcohol. Helping the victims of drunk drivers involves knowledge of civil and criminal procedure. With restitution you may be able to obtain companesation for medical bills, wage loss, mileage and other “certain” damages well in advance of a civil settlement or trial.
WIS. STATS. 973.20
A judge imposing sentence is required to order full or partial restitution unless he finds a “substantial reason not to do so.” Trial courts should be liberal in finding whether an injury relates to a defendant’s conduct. A trial court may “take a defendant’s entire course of conduct into consideration” including “all facts and reasonable inferences concerning the defendant’s activity related to the “crime” for which [he] was convicted, not just those facts necessary to support the elements of the crime.
The causal link for restitution purposes is met “when the defendant’s criminal act set into motion events that resulted in teh damage or injury.” Where the crime results in personal injury, the restitution order may include all “special damages.” (e.g. medical and related expenses, physical therapy, and mental health care, lost income, and reasonable out of pocket expenses).
I’ll talk more about this in later posts. I think it’s important for victims and attorneys of victims to remember all of the avenues to compensate those injured by drunk drivers.
On My Way Here I Was In An Auto Accident… June 9, 2008
Posted by Attorney Jonathan Groth in FAQ Personal Injury.Tags: co-counsel, personal injury, referrals, wisconsin personal injury
add a comment
Many years ago (kind of like: long, long ago in a galaxy far, far away) I was a general practice lawyer. That means that I did it all. I drafted wills, closed real estate deals, reviewed corporate papers and the like. Luckily, back then I still concentrated on lawsuits related to all of these things. So, I’d be the attorney the firm would send when Jim (73) was sued by his brother Tom(71) because their mother (95) passed away without a will and her clothes had to be equally divided (I actually handled a case very similar to that scenario). Anyway, I digress.
My point is that many times someone will have a “family lawyer” that handles certain things like a will. That lawyer will hear, “On my way here, to sign the will you drafted, I was involved in an auto accident. Can you help me out?” That person then wonders why the attorneys says “No” and referrs them to another lawyer. They thought that the family lawyer was just that a “lawyer.” Don’t lawyers go to court and handle auto accidents, dog bites, wills, bankruptcies etc.
The easy answer is “No.” I’ve been lucky enough to have received a great number of referrals over the past few years from lawyers who don’t concentrate on personal injury matters. Motorcycle and auto accident laws are unique. Helping someone who suffers from lifelong scars from a dog bite and other serious injuries is pretty specialized.
When I was a general practice litigator I would refer specialized cases to attorneys who only practiced in these areas of the law, I remember one of my high school teachers would say “Jack of all trades, master of none.” That applies to lawyers too.
Don’t feel put out when your lawyer refers you to another attorney. She/he is doing what is in your best interest. Don’t be surprised when you come to me wanting a will drafted and I refer you to right back to your family lawyer. I’m a litigator now. Remember, I drafted wills long, long ago in a galaxy far, far away.
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Wausaukee, Kenosha, Oconto and Wauwatosa.
What If Mom’s At Fault? June 5, 2008
Posted by Attorney Jonathan Groth in FAQ Personal Injury.Tags: child injury, minor settlement, motor vehicle collision, wisconsin personal injury, Wisconsin Personal Injury Attorney
add a comment
I’ve had some questions recently about this particular situation. Let’s say a mother (or father) is driving their kids to baseball practice. If Mom (or Dad) forgets to stop at a stop sign and causes a motor vehicle collision what about the kids? What rights do the kids have? Well, if the parents have auto insurance the children have the right to compensation, under Wisconsin Law, from the at fault insurance company, i.e. their parent’s insurance. In essence, the children would make a claim against their parents. If Mom’s (or Dad’s) insurance isn’t reasonable and doesn’t follow Wisconsin Law then the children would have the right to sue their parents and the insurance company.
Sound a little complex and confusing? Not really. Feel free to email me or call and I’ll be happy to explain it to you in more detail.
If you are worried about actually suing a parent. Remember that Wisconsin is a “direct action state” the kids would not have to name the parents in the lawsuit. They would simply seek compensation from the insurance company.
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Milwaukee, Racine, Kenosha and Wauwatosa.
Common Courtesy and, Oh Yeah, It’s the Law June 4, 2008
Posted by Attorney Jonathan Groth in FAQ Personal Injury.Tags: pedestrian, personal injury, wisconsin personal injury
add a comment
Car versus Pedestrian. This is not a battle anyone wants to be a party to especially if you are the pedestrian. So, what is the law in Wisconsin about pedestrians and right of way? Just so you know, if you are walking in a cross walk or with the “green little person” you have the right of way. Yes, drivers that means that you have to slow down (it isn’t all bad you’ll save on gas).
Wisconsin’s Jury Instructions state:
The Wisconsin statutes define “right of way” as the privilege of the immediate use of the roadway and, further provide, that at an intersection or crosswalk where traffic is controlled by traffic control signals or by a traffic officer, the operator of a vehicle shall yield the right of way to a pedestrian crossing or who has started to cross the highway on a green or “Walk” signal and in all other cases pedestrians shall yield the right of way to vehicles lawfully proceeding directly ahead on a green signal.
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Wauwatosa, Green Bay, Ozaukee and Milwaukee.
Jon Groth's Wisconsin Personal Injury Weblog 
The Power of Comments June 4, 2008
Posted by Attorney Jonathan Groth in Personal Groth.Tags: comments
add a comment
Media has changed. Changed a lot. Long gone are the days where you pick up a newspaper and if you disagree or want to comment you tapped out a response on your typewriter. Now, most every newspaper is online. Also, most every newspaper allows comments on their articles.
Bloggers take advantage of these “immediate responses.” I must get dozens of comments a day on this blog. Many of them are pure spam. Meaning they are most likely computer generated to boost someone else’s webpage ranking. But, some are good, informative and helpful.
The Janesville Gazette recently discussed the comment phenomena. I agree with the Gazette. It may be annoying to have to wade through all of the spam comments but it is worth it to read the real meaningful comments.
So, long story short, comment, comment and keep commenting. I do read the comments. It’s what keeps making this “new media” better and better.
www.jonpgroth.com
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in West Allis, Wauwatosa, Janesville and Milwaukee.