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The Difference Between Pre-Suit Negotiations and a Lawsuit April 20, 2008

Posted by Attorney Jonathan Groth in FAQ Personal Injury.
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A few weeks ago I mentioned the difference between pre-suit settlement negotiations and a lawsuit.  In short, hiring a lawyer does NOT mean that you have “filed a lawsuit.”    

When you are involved in a car accident or other personal injury matter you usually hire an attorney soon after the collision/incident.  Again, usually the victim of the car accident/personal injury is continuing to go to the doctor and the true extent of the injuries are not known (i.e. residual pain, whether bones completely heal or whether other future treatment is needed).   When a victim hires a lawyer this does NOT mean that a lawsuit has been filed. 

In Wisconsin, a lawsuit is filed when a Summons and Complaint are filed with a County’s Clerk of Courts.  Along with the Summons and Complaint a fee, set by the county, must be paid.  After the Summons and Complaint are filed and the fee is paid these documents must be served on the defendant(s).  From the date of this filing, depending on the County, it may take up to 1-2 years before the victim of a car accident’s case is decided by a jury. 

When a lawsuit is filed a Judge is assigned to the case.  One of the first things the Judge will do is schedule a hearing date to set the Schedule for the case.   At this point the Judge and Attorneys set deadlines for witnesses, depositions, expert doctor reports and motions.  (If a lawsuit were filed immediately after a collision it may be difficult to make sure that the injured victim gets full compensation allowed by law for all of his/her injuries given the Schedule set by the Judge.  In addition, once the lawsuit is filed the costs of the case can increase drastically.)

The odds of a personal injury victim having to file suit are low.  On average, maybe 90% of personal injury cases that I have handled settle before having to file a lawsuit.

In the end, that may be the benefit of hiring a lawyer.  You’ll have someone fighting for you from day to ensure you get the compensation that Wisconsin Law allows.  If need be you’ll have an advocate in court.   But, the odds are that the lawyer will help you avoid going to court to get compensation for your personal injuries.

www.jonpgroth.com

Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Fond du Lac, Sheboygan, Janesville, Kenosha and Wauwatosa.

184 Drunk Drivers April 18, 2008

Posted by Attorney Jonathan Groth in Personal Groth.
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According to the Wisconsin Department of Transportation 184 people in Wisconsin in 2007 were convicted of either their 7th, 8th or 9th drunk driving offense.  Twelve people were convicted of their 10th or more.  It sounds like the State Legislature is a little behind the times.  They are just now making these known criminals spend more time in prison for these extremely offensive crimes.

Your Health Insurance’s Right to Subrogate Your Personal Injury Case April 18, 2008

Posted by Attorney Jonathan Groth in FAQ Personal Injury.
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The easy answer is: call your attorney as soon as you receive any documents from your health insurance, auto insurance or any government insurance (e.g. Medicaid or Medicare).

When someone is involved in an auto accident, motorcycle accident, slip and fall, truck accident or any personal injury for that matter their health insurance or auto insurance (med pay policy) will most likely have the right to get paid back from the at fault party.  

The best I can describe it is: Let’s say you are driving your car and a tree suddenly falls onto the road in front of you.  You hit the tree and are injured.  No one is at fault for the collision.  Your auto insurance policy (med pay) and health insurance will pay for the medical care.  They don’t expect anyone to pay them back.  (You can only sue God on shows like Ally McBeal or Boston Legal). 

On the other hand if you are driving a car and are rear ended by someone else then someone IS at fault.  The at-fault driver is responsible to pay your medical expenses (also see What is My Case Worth). 

Your health insurance or auto insurance (med pay policy) will pay the bills as they come due.  Your policy most likely says that they have a contractual duty to pay them.  But, your policy also probably says that they will pay with the understanding that once you obtain a recovery from the at-fault party you will pay health insurance or your auto insurance’s med pay back. 

In essence, they pay the bills so you can get the care you need.  They pay the bills so the doctors don’t come after you directly.  They pay the bills and then send “reminder letters” called Lien Letters or Subrogated Party letters to remind everyone that once the case is settled they want to get paid back.

I strongly encourage all of my clients to submit their bills to their health insurance first.  Then, if they have co-pays or out-of-pocket expenses submit these amounts to their auto insurance (med pay). 

You are probably wondering why the at-fault party doesn’t pay your medical expenses right away.  Good question.  I’ll discuss this later on.  The short answer is that the at-fault party in a collision won’t pay until they receive re-assurance that they will never have to pay again (i.e. a signed release from the injured party).  The at-fault insurance company almost never pays what they are responsible to pay until you are totally done treating.  See my other entry about making sure the at-fault party pays what the laws says they must pay.

www.jonpgroth.com

Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Beloit, Marinette, Racine, Manitowoc and Wausaukee.

What Is My Personal Injury Case Worth? April 15, 2008

Posted by Attorney Jonathan Groth in FAQ Personal Injury.
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This is one of the most commonly asked questions from victims of car accidents, motorcycle accidents or other personal injury matters.  Many times after trying to handle a case on their own someone will come to me and tell me what their health insurance paid, their wage loss and out of pocket expenses and say the insurance company wants to settle but they don’t know what the case is worth. 

My most common answer is an honest one: I need more information.   You see, we have to look at what the law says must be used to measure the losses associated with a car accident, for example.   In Wisconsin the law says that if someone causes a collision then he/she is responsible for all damages by paying a fair amount of money.   An accident victim must receive compensation for 1)past medical expenses, 2) past wage loss, 3) past pain suffering and inconvenience and other miscellaneousexpenses like mileage and damaged property.  If the injuries are more serious (permanent injuries) then Wisconsin law states that the accident victim must receive compensation for 1,2 and 3 along with 4) future medical expenses, 5) future wage loss and 6) future pain suffering and inconvenience etc. 

When potential clients ask what their case is worth it is difficult to give an education opinion.  It depends on the injuries, types of treatment, duration of treatment, venue and other more personal questions.  

For example, many personal injury victims don’t think to include mileage.  Or victims include only what health insurance paid and NOT the actual medical bill from the medical provider.  These items can often total large amounts of money that will change the compensation they are due under Wisconsin law.

I always tell potential clients that there is not an easy answer to this question.  I can say that I’ll do my best to make sure that they receive full compensation under the laws of Wisconsin.    

Later on I’ll talk about the difference between pre-suit settlement negotiations and a lawsuit.  In short, just because you hire a lawyer that does NOT mean that you have “filed a lawsuit.”  Actually the opposite is true.  Hopefully, by hiring a lawyer you’ll avoid going to court to get compensation for your personal injuries.

www.jonpgroth.com

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

Most Dangerous Roads (Follow Up) April 4, 2008

Posted by Attorney Jonathan Groth in FAQ Personal Injury.
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I wish I could tell you to avoid “such and such” road if you don’t want to become the victim in a personal injury matter.   Collisions can happen anywhere.  A few days ago I mentioned a discussion of the “most dangerous roads” in Wisconsin.  Well, I could not find that information.  I did find a report from the Department of Motor Vehicles discussing which types of roads are dangerous and when most crashes occur.  Email me if you’d like more info. 

 In 2006 the most injuries and fatalities occurred in May, June and July.  The most fatalities occurred in July. 

 I’d avoid driving around bar time in Wisconsin.  The most fatalities occur between 1am and 2am.   I’m not surprised (I handle a great number of perosonal injury cases where the victim was injured because of a drunk driver). 

The greatest number of collisions occured on Non-Intersection locations.  Almost three times as many fatalities occurred on Non-Intersections when compared to Intersections. 

As an FYI, there were approximately 16,450 motor vehicle collisions in Milwaukee County in 2006, 1096 in Sheboygan and 3,643 in Waukesha.   Marinette County had only 316 and Rock (Janesville and Beloit) had 1784.

The moral of the story:  Don’t drink and drive and be careful no matter where you are driving.

www.jonpgroth.com

Why doesn’t the Insurance Company for the person that caused the accident pay my bills as I incur them? April 2, 2008

Posted by Attorney Jonathan Groth in FAQ Personal Injury.
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The short answer is that the insurance company doesn’t want to part with their money unless they have to.  Let me try to explain: 

When someone is involved in a car accident, slip and fall, dog bite or other personal injury matter there are a few questions that I am asked almost every time.  Let’s assume I received a call from a client who was in an auto accident.  The client tells me that they went to the hospital and the bills were submitted to the at-fault party’s insurance but weren’t paid.  Why?  It’s there fault.  Why submit the bills to the at-fault party’s insurance if they won’t pay them right away?  They are responsible, they said so at the scene of the collision. 

 Well, I agree with the idea behind all of these questions.  Ideally, the at-fault party would pay the bills as they are incurred.  The hospitals get their money right away and the victim’s credit doesn’t get ruined.  However my experience has shown that insurance companies won’t pay until they have a guarantee that the victim won’t ask for more money later (they also don’t want to pay hoping you’ll go away and not want to deal with the hastle of the insurance company run-around).  

So, when it is time to settle a personal injury claim, you need to make sure your attorney doesn’t leave any stone unturned.  In Wisconsin, you have the right to compensation for past pain and suffering, medical expenses, mileage to the doctor, past lost wages along with future pain and suffering, future loss of earnings capacity and future medical expenses. 

 So, how do you keep the bill collectors at bay while you recover from your injury?  Give me a call or email me and I’ll be happy to discuss this with you.  The quick answer is make sure you have health insurance, auto insurance and contact a personal injury attorney. 

Remember this, if you are hurt please go to a doctor.  Get help.   The most important thing is for you, the victim, to get better.

www.jonpgroth.com

Protecting Children April 2, 2008

Posted by Attorney Jonathan Groth in Personal Groth.
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The Groth family recently had a scare.  James the “splendid red engine” was sick.  Turns out he had lead poisoning and we had to send him to the “hospital” to get checked out.  My son was upset.  Very upset.  He loves his trains and he really loves James the Train (it has a button you can push to make him whistle and “peep”).This story is probably not news to anyone with small kids.  There have been problems with lead paint on childrens’ toys and chemicals in toothpaste.   The news has mostly been about Chinese manufacturers.  But, thanks to the Journal Sentinel we now know that our very own EPA has been passing the buck: 

Journal Sentinel Investigation Into EPA
Investigation shows EPA is no longer doing it’s job to protect childrenA Milwaukee Journal Sentinel investigation into the EPA has led to an alarming discovery. According to the investigation, the EPA no longer evaluates the chemical compounds found in products designed for children, instead relying upon the companies who manufacture the chemicals to provide information about their products’ potential dangers. Click here for the full story…

Like Thomas the Tank Engine says “safety is our first concern.”  As a personal injury attorney I have a lower threshold for harmful things.  Thankfully we have private organizations and some responsible watchdog groups to help parents look out for the safety of their kids.

When a Wisconsin Personal Injury Attorney settles a case for a minor: March 31, 2008

Posted by Attorney Jonathan Groth in FAQ Personal Injury.
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Tomorrow I’m appearing for a child who was severely injured in a motor vehicle collision in Wauwatosa.  I think it’s important to understand how minor settlements work.

When someone under 18 (minor) is injured in an auto accident, dog bite, slip and fall, product liability etc. and the case is settled before a suit is filed it is the INSURANCE COMPANY’S choice to have the settlement approved by a Circuit Court Judge.  Why?  Because the insurance company wants the personal injury settlement to be finalized.  They want to close their file.  It doesn’t want the minor to come back when he/she turns 18 and file a lawsuit with an attorney and ask for additional money.

What does a minor settlement mean for the minor?  Well, the minors settlement funds have the added protection of the State.  Adults shouldn’t be able to dip into the settlement without a hearing before a Judge and a court order.   But, in many cases the insurance company refuses to pay the court filing fees.  So, the minor gets less money in their pocket.

The reason I mention all of this is the tax ramifications of it.  From what I’m told it’s important that the lawyer that settles the case NOT put the funds into his/her attorney trust account or anyplace else for that matter.  The personal injury settlement funds need to be sent from the insurance company directly to the annuity company that will be handling the disbursement of the funds.  

Just a little attorney to attorney advice for what its worth.  If you’d like more information contact me at www.jonpgroth.com. 

Hwy 100 Collision in Wauwatosa March 31, 2008

Posted by Attorney Jonathan Groth in Personal Groth.
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I’m currently handling a case for a young child severely injured in a crash that occurred on Hwy 100 in Wauwatosa.  This morning the local news discussed another severe collision on that same stretch of road. 

 Where are Milwaukee’s most dangerous interesections?  I remember seeing a story about this not too long ago.  I’ll keep looking for a link online.  If anyone finds it let me know and I’ll update this post. 

 As an FYI, as I searched for Wisconsin intersections I found an Illinois weblog that has discussed a similar topic.

Outrageous Drunk Driver Caused Personal Injuries March 29, 2008

Posted by Attorney Jonathan Groth in Personal Groth.
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Recently Mike Nichols of the Milwaukee Journal Sentinel called me about my client who was recently severely injured in an auto accident in Waukesha, WI.  I shouldn’t use the word accident because the drunk driver that caused the collision must have known that terrible things would happen if he drove drunk again.  As you’ll read he’s a habitual offender.  Mike and I ask the same question:  Why wasn’t this drunk driver in prison months/years ago?

Oddity in Law Benefits Repeat Traffic Offender
An article by Mike Nichols as it appeared in the Milwaukee Journal-Sentinel on January 18, 2008.

The last thing 24-year-old Timothy Thompson remembers was driving north past the Hummer dealership near Milwaukee’s Good Hope Road on Highway 41/45, he told police.It was almost midnight on Jan. 8, and he was on his way to Fond du Lac to visit a friend.Next thing he knew, his windshield was smashed, the air bag had gone off, a woman was asking him if he was all right and paramedics were cutting his sweatshirt off. And he was, to borrow a phrase he used while being interviewed by an officer at Froedtert Hospital after a head-on collision with a guy prosecutors believe was going the wrong way, “freezing” his “ass off.”

Among his injuries: a fractured right hand, a broken left arm, a broken jaw that would need to be wired, two injured ankles and a neck injury.

Lucky to be alive, he had no idea what or who had hit him.

The answer, according to police and a criminal complaint:

John D. Cimermancic – a 25-year-old Richfield man with a traffic record nearly as lengthy as the miles-long stretch of northbound highway on which he, police and prosecutors allege, drunkenly traveled south.

Waukesha County prosecutors have charged Cimermancic with a felony, intoxicated use of a vehicle causing great bodily harm, and two misdemeanors: second offense drunken driving and operating a vehicle after revocation for the third time.

What they didn’t note in the criminal complaint – and may not even know because of an oddity of Wisconsin law – is this:

According to records from various county circuit courts and the Wisconsin Department of Transportation, Cimermancic has actually been charged with either operating after revocation or operating while his license was suspended a total of 22 times – an impressive number for a guy who turns only 26 today and has spent a long stretch living outside the state.

At least 18 of those cases – some of which were violations of municipal ordinances, some violations of state statutes – resulted in convictions. And that doesn’t even begin to count all the other citations he has received.

It’s unclear if the Waukesha prosecutor who has charged Cimermancic for the Jan. 8 incident is aware of the background because he didn’t return a call.

But it would make sense if he isn’t. With the exception of alcohol-related offenses, the Department of Transportation reports traffic convictions for only the last five years. And state law makes it clear that only offenses within that period are relevant for judges.

Lucky for Cimermancic.

Free on $1,500 bail, he hasn’t entered a plea yet. His attorney, Dan Fay, defended him in an interview by questioning whether he was the one who was driving the wrong way Jan. 8.

Jonathan Groth, Thompson’s attorney, responded with astonishment in his voice.

“My guy,” he said, “was sober as can be.”

Groth noted that Cimermancic has “one hell of a record” and added that it is “more than a little shocking” he could still have been on the road on the night of the crash – a night, Thompson told police, he never even saw Cimermancic coming.

Shouldn’t – given the long history – somebody have?