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Attorney Groth on Chicago’s WGN 720 February 19, 2013

Posted by Attorney Jonathan Groth in FAQ Personal Injury.
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Thanks again to Bill Leff for the opportunity to speak about the Intentional Tort of Texting, Trial by Google, Facebook and Litigation and the many other interesting questions from the audience. It’s always a pleasure being a guest on the show.

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Drunk Driving a Wheelchair September 17, 2009

Posted by Attorney Jonathan Groth in Drunk Driving.
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Doesn’t this story just make my point that taking the keys from a drunk driver probably won’t stop the offender?  Jail time or prison takes the multiple drunk driver off the streets…that is really the only to guarantee a drunk driver won’t drive.  This guy had 4 prior convictions.   Cars or a wheelchair – the guy, for some reason, had to drive.

Truckin’ September 10, 2009

Posted by Attorney Jonathan Groth in Personal Injury Law, Wisconsin Auto Accidents.
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I’m glad I didn’t travel very far this past Labor Day.  We travelled “up north” to Marinette County.  A beautiful part of Wisconsin.  

Anyway, I read this news brief from the AAJ’s website about various safety violations involving over the road truckers (semi trucks, tractor trailers etc.) .

It appears that Wisconsin has a rate of trucker safety violations that are in excess of the national average.  The article states:

States that had a rate of companies in violation of safety requirements above the national average include West Virginia, North Dakota, Nebraska, Vermont, Iowa, Montana, Delaware, Idaho, Arkansas, Connecticut, Kentucky, Minnesota, North Carolina, Oregon, Indiana, Mississippi, Wisconsin, and South Dakota.  A full listing of all companies in violation of federal safety requirements by state is available at www.justice.org/trucksafetyviolations.

I hope everyone had a safe Labor Day weekend.   Keep driving safe!

Stories From An Auto Accident Trial September 4, 2009

Posted by Attorney Jonathan Groth in Personal Injury Law, Wisconsin Auto Accidents.
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As I’m sure you can imagine I have lots of little stories from my trial last week.  One thing I wanted to mention is the Hanson case.  Hanson v. American Family Insurance, 294 Wis.2d 149, 716 N.W.2d 866 (2006). 

Hanson is a case decided by the Wisconsin Supreme Court.  In short, it says that an injured victim of a car accident (or the victim of someone elses’s negligence or intentional acts in general) has the right to recover for medical care even if that care was unnecessary.  It’s recoverable so long as the injured person initially went to the doctor in good faith and then followed the doctor’s orders.

In Hanson, the injured party went to the doctor in good faith (i.e. used ordinary care in choosing the doctor).  The doctor then performed a surgery.  The at fault insurance company, American Family Insurance, hired a doctor to say that the surgery was unnecessary.  American Family said they should not be held responsible for unnecessary treatment.  The injured victim argued he simply relied on his doctor.

So, when deciding who should pay for this unnecessary treatment the Wisconsin Supreme Court said it should not be the injured victim.   The insurance company is in a better position to pay for it. They caused the initial harm, they should pay for all damages that flow from that initial harm.

We had a nice long discussion with the Judge about this case at trial.  Interesting stuff.

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

If you’d like to submit a question or case please complete a case submission form.

Texting/Talking While Driving or Driving While Texting/Talking? August 31, 2009

Posted by Attorney Jonathan Groth in FAQ Personal Injury.
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Shouldn’t it be driving, period.  Driving while distracted is just plain dangerous.

Time Magazine had a good article about documents recently uncovered from the National Highway Traffic Safety Administration.  In short, drivers:

were faster to brake and caused fewer crashes when they had a .08% blood-alcohol content than while sober and talking on a cell phone.

In Wisconsin, if you act in an intentional disregard of others and you injure someone you can be liable for punitive damages.  That is certainly the case for repeat drunk drivers.  Why wouldn’t this apply to repeat “texters” or “talkers”?

Rotator Cuff Injury June 18, 2009

Posted by Attorney Jonathan Groth in Motorcycle Collisions, Personal Injury Law, Wisconsin Auto Accidents.
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“Rotator Cuff Injury”

I think this is a phrase that is pretty widely used.  We often hear  announcers talk about a rotator cuff injury during a football game.  It’s pretty common.  But, this phrase is so widely used that it may not be completely understood.  Everyone assumes that everyone else knows what it means.

Well, the Doe Report has some medical illustrations of  a shoulder and rotator cuff.  Take the opportunity to look it over.   It is pretty interesting stuff.

Personal injury attorneys use these types of illustrations often to help teach juries about the objective findings of injury.  People can talk and talk but looking at picture often makes the information sink in.

Civil Justice In Wisconsin April 21, 2009

Posted by Attorney Jonathan Groth in Drunk Driving, FAQ Personal Injury, Motorcycle Collisions, Personal Injury Law, Wisconsin Auto Accidents.
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I’ll write more about this in coming days but I wanted to link to this “Fact Book” published by The University of Wisconsin Law School.  

Below is the “Foreword” from the Fact Book:

Our civil justice system has always been a matter of intense public interest, from television drama to newspaper editorial pages. To some, trial lawyers are the champions of the underprivileged and downtrodden; to others, they are a threat to the state’s business climate. All too often, these impressions are shaped by the attention paid to a single sensational case, severed from the context of the hundreds or thousands of other disputes that people regularly look to our court system to resolve. In the interest of shifting the focus to that broader context, two of our faculty members volunteered to gather the data and provide the commentary that forms this booklet. Their goal was to provide an objective picture of the civil justice system in Wisconsin, focusing on the basic facts about the state’s civil courts and the litigation in them and comparing it with the situation in neighboring states. The authors need little introduction to those familiar with civil litigation and the court system. Marc Galanter is the John and Rylla Bosshard Professor of Law Emeritus, and an internationally recognized expert on trends in civil litigation. Susan Steingass recently retired from her position as the Director of the Law School’s Communication and Advocacy Program. She brings to the project her substantial experience as a former trial judge, state bar president, and litigator with a long career of representing both plaintiffs and defendants in civil litigation. Some readers may well be surprised by some of the statistics that follow. Other readers with a particular stake in the civil justice debate may wonder if this project is an effort to advocate for one position over another.  I can assure you that this is neither the project’s intent nor, in my opinion, its effect. Open debate on issues of consequence to our state and nation is one of the hallmarks of our Law School’s educational tradition. This booklet reminds us that collecting the best available information provides a platform for such a debate and leads to the process of finding the best possible solutions to the issues. On behalf of the Law School, I wish to acknowledge and thank the authors and the law students who worked with them for their important contribution to the ongoing discussion of the civil justice system.

Kenneth B. Davis, Jr.

Fred W. & Vi Miller Deanship

University of Wisconsin Law School

You can order the Civil Justice in Wisconsin book at the UW Law School’s website.  It is a good read and I’ll have comments in the coming days.

Soft Tissue Explanations April 16, 2009

Posted by Attorney Jonathan Groth in Motorcycle Collisions, Personal Injury Law, Wisconsin Auto Accidents.
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Once again I think you’ll get some valuable knowledge out of reading Medical Legal Art’s blog.  This month’s topic is “Soft Tissue Injuries.”

I think it is safe to say that most people involved in car accidents suffer from these injuries.  Many times they go away in a matter of weeks or months.  Other times it takes a lot longer.  It really depends on the person.

Benjamin Broome, M.A. has a good diagram and discussion of what he has found in dealing with attorneys who litigate these cases.

I pretty much agree that there are important points to make in a soft tissue car accident injury case.  Mr. Broome writes:

First it is important to explain that soft tissues all have microscopic sensory nerves that run through them. Next, it can be understood that the swelling and disruption of the soft tissues immediately following an injury put pressure on these nerves resulting in the pain that we all feel for a few days after an injury. Finally, it should be shown that in these more severe cases, microscopic scar tissue can build up within the soft tissues continuing to distort the nerves, causing pain, even after the swelling of the initial injury has subsided. This scar tissue and the resulting sensory nerve disruption is the physical source of the permanent pain in most of these soft tissue cases.

Unlike a case were someone breaks a bone or tears a ligament there really isn’t any easy way to see the injury.  Identifying a broken bone on an X-Ray is almost common knowledge.  Ask someone to identify “straightening of the lordosis” and they may ask whether you’re talking about Star Wars or Star Trek.

Anyway, it is a quick read and informative.  I’ve used Medical Legal Art’s diagrams in many of my trials.   A picture is worth a thousand words.

If you have questions about an accident where you suffered a soft tissue injury in Wisconsin feel free to contact me.  I’d be happy to discuss your situation.

www.jonpgroth.com

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

What to Expect April 7, 2009

Posted by Attorney Jonathan Groth in Motorcycle Collisions, Personal Injury Law, Wisconsin Auto Accidents.
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A lot of my client come to me asking about Chiropractic care.  I see a lot of people who suffer from whiplash after an auto accident.  Logically, Chiropractic care is one of the first things that comes to mind.

Before you see a Doctor of Chiropractic it is important to know what to expect.  Doctor Rada of Apple Chiropractic and Rehab Clinic is a good friend and my clients have always spoke highly of her.

Dr. Rada’s website has some good recommendations:

Since chiropractic care involves a series of visits, with each one building on the ones before, it’s important that our relationship can go the distance. We’ve found that one of the best ways to have successful patient relationships is to explain everything in advance. No surprises!

The more you understand who we are, what we do and why we do it, the better results you’ll enjoy. It’s as simple as that.

So, check us out here. Poke around. Get to know us. Then, contact us to make an appointment so we can get to know you.

  • First Visit. To find out if we can help you, we ask questions and listen.
  • Second Visit. We’ll report what we found and answer all your questions.
  • Regular Visit. A typical visit will be much shorter, but just as importan

    “Independent” Medical Exams April 3, 2009

    Posted by Attorney Jonathan Groth in FAQ Personal Injury, Personal Injury Law, Wisconsin Auto Accidents.
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    Actually, there is rarely anything “Independent” about medical exams requested by an insurance company.  The insurance company pays for the exam.  It’s easy to understand that the doctor is biased.  This quote from an “Independent” medical doctor is eye opening:

    “If you did a truly pure report,” he said later in an interview, “you’d be out on your ears and the insurers wouldn’t pay for it. You have to give them what they want, or you’re in Florida. That’s the game, baby.”

    Read the story from the New York Times.  It deals with workers’ compensation in New York but it is certainly relevant for Wisconsin’s workers’ compensation claims.

    Something interesting about this article is the changes that NY has implimented for its “I.”M.E.’s.  They allow the exams to be tape recorded or videotaped.  Seems reasonable to me!  In Wisconsin personal injury law plaintiffs’ attorneys who ask that an exam be taped or recorded receive a strong objection from the insurance company.  Sometimes even having a friend or family member attend an exam isn’t allowed.

    Last I checked no Wisconsin Appellate Court has held whether a Defense Medical Exam (that is a more accurate description) performed for a personal injury claim may be tape recorded or videotaped.  Federal Courts have held that a Defense Medical Exam regarding a psychiatric examination may be recorded.  Zabkowicz v. West Bend Co., 585 F. Supp. 635 (E.D. Wis. 1974). (See this outline from an Insurance Defense Firm located in Milwaukee, Wisconsin).

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

    If you’d like to submit a question or case please complete a case submission form.