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Safe(r) Big Rigs? Hopefully. May 8, 2008

Posted by Attorney Jonathan Groth in FAQ Personal Injury.
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I just read this at www.jsonline.com about Schneider National Trucks (a company with headquarters in Green Bay, Wisconsin). 

I’ve handled personal injury cases involving Semi-Tractor Trailers in the past.  It’s been well known that trucking companies have the technology to regulate the speed at which their trucks can drive.   There are “black boxes” in most trucks that show the speeds and sometimes direction, velocity, acceleration and other information.  If you are involved in a trucking accident it’s important to have a lawyer who asks the right questions in order to get all of this information.

Here is the article written by Rick Romell of the Journal Sentinel:

The trucking industry’s largest lobbying group today called for a nationwide 65 mph speed limit, longer trailers and other steps in an effort to cut greenhouse-gas emissions and save billions of gallons of fuel.

Meanwhile, Green Bay-based Schneider National Inc., one of the country’s biggest trucking firms, went still further: The company will voluntarily cut the top cruising speed on its 10,600 tractors to 60 mph, President and Chief Executive Officer Chris Lofgren said during a press conference announcing the industry initiative.

Schneider’s slowdown – the firm currently caps cruising speeds at 63 mph – will be equivalent to taking more than 7,200 cars off the highways, Lofgren said, and will save 3.75 million gallons of fuel a year.

“We encourage others in the industry to make this commitment with us,” Lofgren said.

Limiting cars and trucks to 65 mph could conserve more than 11 billion gallons of diesel and gasoline over 10 years, the American Trucking Associations said in announcing its sustainability proposals.

That would reduce emissions of carbon dioxide by 116 million tons, the organization said. Carbon dioxide is the chief source of the so-called greenhouse effect and, many scientists say, of global warming.

The trucking group also called for longer combination trailers or higher weight allowances – a proposal likely to draw fire from highway safety advocates – elimination of nearly 500 traffic bottlenecks and government incentives for trucking companies to install devices that reduce idling.
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Co-Counsel Wisconsin May 7, 2008

Posted by Attorney Jonathan Groth in FAQ Personal Injury.
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Wisconsin really is a great place to live.  I’m biased of course:  golf courses, Wisconsin Dells, the Great Lakes, Door County and much, much more.  (If anyone reads this from the Visitors’ Bureau maybe I can get a hotel room for this ad?)

Anyway, since we are a summer vacation hot spot many out-of-towners travel to and through Wisconsin.  Unfortunately, these people get in car accidents, attacked by dogs, injured on other people’s property and other personal injuries. 

Remember if you are injured in Wisconsin and need to file a lawsuit you will need the assistance of a Wisconsin Personal Injury Attorney.  Attorneys from other states may be able to assist in pre-suit negotiations.  But, once a lawsuit is filed you’ll need someone who is licensed to practice law in Wisconsin. 

Many times an out-of-towner may have already hired a lawyer whom they trust and want to continue to work with that attorney.  This is where co-counsel relationships apply.  I’ve worked with a number of Attorneys from other states in situations like this.  We can help out of state attorneys to appear in court even though they aren’t licensed in Wisconsin.  They still need a Wisconsin Attorney’s help to obtain what is called a Pro Hac Vice appearance. 

In any event, if you are not from Wisconsin but were injured in Wisconsin please make sure you get the assistance of of a serious injury attorney.  Feel free to give them my name if you need help navigating the courts in Wisconsin.  I’m at your service.

 

P.D. F/U May 7, 2008

Posted by Attorney Jonathan Groth in Personal Groth.
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Just a quick follow-up on my Property Damage post.  Keep the at-fault insurance company honest when it come to the estimate for your motor vehicle damage.  Take your damaged car to a few different body shops and get estimates.  If your car is considered a “total loss” be sure to check out www.carmax.com, www.autotrader.com, www.kbb.com or www.nada.com for comparable values.  Look to the “private party” value instead of the “trade in” value.  “Trade in” value takes into consideration refinishing etc. and will affect the value. 

This info applies to car accidents, motorcycle accidents, truck accidents and any other vehicles out there.  It never hurts to get a second (or third) opinion.   

www.jonpgroth.com

Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Waukesha, Peshtigo, Beloit and Janesville.

No Fee on P.D.? May 6, 2008

Posted by Attorney Jonathan Groth in FAQ Personal Injury, Personal Groth.
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I was asked a few minutes ago about the fees I charge.  In general, personal injury lawyers get paid from a “bodily injury” settlement or verdict.

I should explain.  Insurance companies deal with two sides of an auto accident/motorcycle accident etc.  BI=Bodily Injury and PD=Property Damage.   

Personal injury attorney’s fees are based on the recovery obtained for the client.  Because it is a percentage of the recovery, the more the attorney recovers for the client the more the attorney gets paid.  It’s the reason we’ll try as hard as possible to get as much as the law will allow. 

We almost never charge a fee from the PD side of the case.  In general, be wary of the law firm that states they take a fee from BI and PD settlements.  In my opinion, a personal injury lawyer should take a fee from the property damage settlement only in the most unique and very rare situations.   

So, if you are unlucky enough to get into a car accident, motorcycle accident or other personal injury be sure to interview lawyers and ask, “Fee on P.D.?”

www.jonpgroth.com

Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Pleasant PrairieStevens PointMinocqua and St. Nazianz.

 

Should I Stop Going to the Doctor? May 5, 2008

Posted by Attorney Jonathan Groth in FAQ Personal Injury, Personal Groth.
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You’d be surprised how many times I hear this question.  My usual follow up question is, “Are you still in pain?”  When the answer is “Yes” I respond with “Yes, go to the Doctor to make sure: everything is going as planned/doesn’t get worse/you don’t need to do more or less.”

Many people feel guilty about going to the doctor.  They don’t want to take up the doctor’s valuable time.  “Someone else might be injured worse than me.” 

When you are involved a car accident, motorcycle collision or some other injury the law in Wisconsin says that you need to be put back into the position you were before the collision.  The way we can tell whether you are getting better or how to value your injury is by reviewing the medical records.  Doctors help injured people.  If you don’t go to the doctor to get better and to follow up with your injuries then how will anyone know if you could have gotten better or if you may get worse. 

In short, go to the doctor if you are having problems.  Doctors are here to help.  Let them.

www.jonpgroth.com

Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Mukwanago, Waukesha, Lena and Two Rivers.

Ever Hear Of A Designated Driver? May 4, 2008

Posted by Attorney Jonathan Groth in Personal Groth.
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I’ve written before about the doctor from Oconomowoc (Mark Benson) who drove while intoxicated and killed and injured innocent victims.  The blogosphere has taken off with opinions about what should happen.   The former doctor’s photo and criminal case has been plastered over our TVs.  Because of the publicity he will hopefully get the prison time he deserves. 

Not to be a pessimist here but what about the next “Mark Benson.”  Do we have the fortitude to stop ourselves?

I just read the latest Time mazagine and noticed on page 26 that “9% of U.S. adults” believe they have driven while over the legal blood-alcohol limit in the past month.   There was a recent article about this in the Journal Sentinel.  Wisconsin, of course, was among the leaders whose citizens drink and drive. 

Take this advice.  If you spend the money to drink, spend the money for a cab ride home.  Spend some money calling a friend to pick you up.  Take the bus.  Walk! 

It is events like these that force the issue.  Hopefully, people will think twice before joining the 9%.

www.jonpgroth.com

2 Strikes? 4 Strikes? 6 Strikes? More? May 1, 2008

Posted by Attorney Jonathan Groth in Personal Groth.
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Who in Wisconsin’s Legislature is tough on drunk driving?  I’d like to know.

Personally, I don’t believe someone should be given the opportunity to cause a car accident after numerous convictions for drunk driving.  Isn’t that just common sense?  I think I am in the majority of public opinion on this issue.  Aren’t I?

If the majority of Wisconsin’s citizens agree then why doesn’t the Legislature do something?  Why let a drunk driver back on the road after numerous convictions?  Why not take him out of society?  A place called prison.

I admit this post is chock-full of indignation.  Recently, in Oconomowoc (Waukesha County) a “Doctor” (former M.D.: he had his license pulled for drug abuse and writing fake prescriptions) was driving while under the influence of Oxycodone, Ambien and Xanax and killed a teacher, her young daughter and her unborn child, not to mention sending others to the hospital with injuries.

The Journal Sentinel uncovered that Mark Benson had a history of driving while intoxicated dating back to 1993.  In fact, he was in court for drunk driving just a few days prior to the vehicular homicides.

Also, Mark Benson did NOT have auto insurance OR a license [UPDATE: 9-26-08 According to Mark Benson’s brother he DID have insurance].  So, I ask again, who in the legislature is tough on crime?  Will this finally be the wake up call to put drunk/intoxicated drivers behind bars?

Sadly, because the criminal system failed, the only solace for the victims of this collision may be in civil court.  The criminal court system failed by not putting Mark Benson in prison, now the family of the victims will only be able to get monetary compensation for the loss of their loved ones.  Hopefully, they will hire a personally injury attorney that IS tough on drunk drivers and does everything in his/her power to punish Mark Benson.  If anyone asks why there is a need for punitive damages just point them to this case.

Maybe … hopefully a Judge will put Mark Benson behind bars and he will pay his debt to society.  Hopefully, someone will take Mark Benson to civil court so he pays his debt to the victims.

www.jonpgroth.com

Pit Bulls: Man’s Best Friend? Probably Not. April 28, 2008

Posted by Attorney Jonathan Groth in FAQ Personal Injury.
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Pit Bulls, American Staffordshire Terriers, Staffordshire Terriers or just plain Pits.  Whatever they are called most often it is preceded by “I just got bit by a…”  At least that is how most dog bite phone calls to my office begin. 

Recently I have had a great number of phone calls from victims of Dog Bites in Wisconsin.  Pit Bull bites to be exact.  Don’t get me wrong, I have handled cases where Golden Retrievers, German Shepherds, Labs and other dogs bite.   But, the breed of dog that has bit my clients the most is probably Pits or Pit mixes. 

So, when I read the article this morning about the Village of Arpin (Wood County, Wisconsin) banning Pit Bulls and Pit Bull mixes I was not surprised. 

Honestly, I don’t have a problem with this.  It’s our government at work  (i.e. Federalism).  Local governments doing what they think is right for their community.  Arpin can’t ban Pit Bulls in Waukesha.  And Waukesha can’t ban German Shepherds in Arpin.  But, Arpin certainly can protect its citizens from what they see as a dangerous animal.

After listening to the calls I’ve recently heard about Pit Bull dog bites I’d probably feel a little safer vacationing in Wood County this summer.

www.jonpgroth.com

Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Muskego, De Pere, Oconomowoc and Portage.

Why do you have to order medical records and bills? April 26, 2008

Posted by Attorney Jonathan Groth in FAQ Personal Injury.
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I hear this question quite often.  It’s ususally followed by, “Why can’t I just go to my doctor’s office and get them.” 

Honestly, you can.  I’ve had clients get their own medical records.  But, I only recommend a client get their own medical records with our help.  Why?  Because we always ask for “certified” medical records. 

Certified medical records are needed if you go to trial.  So, instead of ordering “regular” medical records (and getting charged for them) and then having to order “certified” records later on (and getting charged for them), we just ask for certified records right away.  

Personal injury attorneys pay the costs of these records.  We only get paid back for these costs if we recover compensation for the injured victim.  We don’t charge interest on these costs.

Personal injury law is all I do.  I’ve found this is the best way to make sure we know about your injuries in order to get full compensation AND to streamline your case so this compensation is obtained as soon as possible.

www.jonpgroth.com

Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Milton, Oconto, Sturgeon Bay and Jefferson.

Why Hire A Personal Injury Attorney? April 21, 2008

Posted by Attorney Jonathan Groth in FAQ Personal Injury.
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I think personal injury attorneys are asked this question more than any other.  It’s a legitimate question.  Injury attorneys in Wisconsin usually charge a contingent fee of 1/3 of the settlement or verdict in addition to costs.  Why hire a plummer if you can fix your leaky faucet yourself?

Surprisingly, Allstate Insurance has helped answer the question.  Allstate’s own website states “represented claims settle for 2-3 times more than unrepresented claims.”  (See page C000011298).   Allstate goes on to urge their adjuster to convince injured victims to NOT hire an attorney.

Why do represented victims of car accidents, motorcycle accidents or other personal injury matters recover more than unrepresented victims?  I’d like to this because personal injury attorneys know the law and won’t leave any stone unturned.  The right Personal Injury Attorney will make sure that the injured person receives the compensation they are due.  Take a look at my earlier comments about what a case is worth.

Kudos to Illinois Attorney Howard Zimmerle for finding this information.  

Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in West AllisCrivitzPlymouthand Germantown.

Jon Groth  www.jonpgroth.com