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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.

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

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.