The Danger of Bedrails and the Elderly March 18, 2010Posted by Attorney Jonathan Groth in FAQ Personal Injury, Personal Injury Law.
Tags: Nursing Home Abuse, Personal Injury Lawsuit, Wisconsin Personal Injury Attorney
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The New York Times recently wrote a good piece about a lawsuit currently taking place in Wisconsin. The elderly nursing home resident died by asphyxiation. He was found with his neck caught between his mattress or bed frame and the bedrail.
The federal government and the State of Wisconsin have both warned of the danger of bedrails at nursing homes and the elderly.
The article has an interesting quote:
“Rails decrease your risk of falling by 10 to 15 percent, but they increase the risk of injury by about 20 percent because they change the geometry of the fall,” he explained in an interview. Confused or demented patients who try to climb over the rails, instead of falling from a lower level and landing on their knees or legs, are apt to fall farther and strike their heads.
If your or someone you know has suffered an injury at a nursing home be sure to research and interview the attorneys you intend to hire. Feel free to contact me for any help you may need.
What’s This Talk About a Jury Trial? March 2, 2009Posted by Attorney Jonathan Groth in FAQ Personal Injury, Personal Injury Law, Wisconsin Auto Accidents.
Tags: injury settlement, jury trial, Personal Injury Lawsuit, wisconsin personal injury
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I think I need to write about a few things that I commonly hear from clients and a few things that I commonly say to clients.
First, about something I say. Whenever someone asks about the value of a claim or what we will “go after” for compensation I always say something like “the law allows us” or a “jury would be allowed to consider” or “we could ask a jury.”
I don’t use these phrases to scare clients and make them think we are going all the way to a trial. In fact, the vast majority of my clients never see a courtroom. I say these things because ultimately, the only way to force an insurance company to compensate an injured victim is by taking the case to a jury. Once the jury decides and decides on a verdict that is what the insurance company has to pay. (Obviously there is always the possibility of appeals but that is a post for another day…if jury trials are rare I’m sure you can imagine how rare appeals are).
Settlements made presuit or after a suit is filed are all based on guessing what a jury would award. That is why you really hire a lawyer. You hire a lawyer to give you an educated guess as to what a jury would award considering the law, facts and all the miscellaneous things out there.
No one knows what a jury would award. But, who better to give you advice on the value of a personal injury matter than an attorney who has dedicated his career to knowing what amount of money a jury would use to compensate an injured person and his/her family.
Next time I’m going to write about:
Thanks, I’m glad I hired you to handle my “lawsuit.”
Juror Appreciation Month September 19, 2008Posted by Attorney Jonathan Groth in FAQ Personal Injury.
Tags: jury trial, Personal Injury Lawsuit, Wisconsin Personal Injury Attorney
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It’s official. September is Juror Appreciation Month in Wisconsin. In every case I litigate before a jury I start out thanking them and end thanking them. Being on a jury is a civic responsibility (I think it would be kind of fun too but maybe that is just me). Even though it is our duty as citizens I’m always very thankful for jurors who take their job seriously. I can honestly say that it was a pleasure to “work” with every one of my juries.
If you currently or have been a juror in any County in Wisconsin remember that there are a lot of attorneys out here that are very thankful for your service. If you haven’t been selected for service yet don’t worry I’m sure your time will come. Once it does, enjoy it. It’s our civil justice system in action.
10 Is Enough July 3, 2008Posted by Attorney Jonathan Groth in FAQ Personal Injury.
Tags: injury settlement, Personal Injury Lawsuit, Wisconsin Personal Injury Attorney
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With the long weekend coming up and our love of hamburgers be careful what you eat.
Remember cherry tomatoes, grape tomatoes and those sold with the vine attached are not part of the recall.
The Difference Between Pre-Suit Negotiations and a Lawsuit April 20, 2008Posted by Attorney Jonathan Groth in FAQ Personal Injury.
Tags: car accident, Lawsuit, Negotiations, personal injury, Personal Injury Lawsuit, Wisconsin Personal Injury Attorney
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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.