What If Mom’s At Fault? June 5, 2008
Posted by Attorney Jonathan Groth in FAQ Personal Injury.Tags: child injury, minor settlement, motor vehicle collision, wisconsin personal injury, Wisconsin Personal Injury Attorney
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I’ve had some questions recently about this particular situation. Let’s say a mother (or father) is driving their kids to baseball practice. If Mom (or Dad) forgets to stop at a stop sign and causes a motor vehicle collision what about the kids? What rights do the kids have? Well, if the parents have auto insurance the children have the right to compensation, under Wisconsin Law, from the at fault insurance company, i.e. their parent’s insurance. In essence, the children would make a claim against their parents. If Mom’s (or Dad’s) insurance isn’t reasonable and doesn’t follow Wisconsin Law then the children would have the right to sue their parents and the insurance company.
Sound a little complex and confusing? Not really. Feel free to email me or call and I’ll be happy to explain it to you in more detail.
If you are worried about actually suing a parent. Remember that Wisconsin is a “direct action state” the kids would not have to name the parents in the lawsuit. They would simply seek compensation from the insurance company.
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Milwaukee, Racine, Kenosha and Wauwatosa.
Sooner Would Be Better! May 29, 2008
Posted by Attorney Jonathan Groth in Personal Groth.Tags: Drunk Drivers, Drunk Driving, personal injury, Wisconsin Personal Injury Attorney
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Just in case anyone didn’t really believe Wisconsin’s laws are inadequate regarding multiple drunk driving offenses check this out.
The Sheboygan Pressreports that a man was recently convicted of his 10th drunk driving offense. Now this won’t make the headlines like the Doctor Mark Benson case from Waukesha. But, I hope some state legislator is taking notes and educates the rest about our flimsy drunken driving laws. It’s a fact, people are going to continue to be injured and killed by drunk drivers unless these drivers are taken off the roads.
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Waukesha, Beaver Dam, Wauwatosa and Wausaukee.
What To Say When The Worst Happens. May 28, 2008
Posted by Attorney Jonathan Groth in FAQ Personal Injury.Tags: auto accident, wisconsin personal injury, Wisconsin Personal Injury Attorney
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Memorial Day just passed. We are officially enjoying “summer.” If you are like me you are probably going north to enjoy Wisconsin’s lakes, rivers and waterfalls.
So, what happens when you are in Wisconsin’s Northwoods and involved in a car accident. No lighting, few signs, miles from the nearest house…talk about adding stress to a stressful situation.
Marinette County has some good tips on what to do when you are involved in a car accident in rural Wisconsin.
For example, give the 911 operator the name of the road you are on and in which direction you were traveling. Don’t remember this? Give the operator the last town you drove by.
In short, no one ever expects an accident to happen. Drive defensively and pay attention to your surroundings. The easier it is for the police and first responders to find you the better.
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in, Wauwatosa, Kenosha, Marinette and Janesville.
A Nurse Nearly Ripped His Ear Off… May 23, 2008
Posted by Attorney Jonathan Groth in Personal Groth.Tags: Nursing Home Abuse, wisconsin personal injury, Wisconsin Personal Injury Attorney
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We represent people involved in many kinds of accidents and incidents. This incident is one of the most outrageous. In fact, every one of our nursing home abuse cases is outrageous. How a nursing home can stand back and let its residents get abused or wilt away is beyond me.
This case involves a nurse that physically abused a patient. She grabbed his ear and nearly ripped it off. His cartilage and skin were injured. Needless to say, its reprehensible that a patient would be abused by a caregiver. Let’s hope our elected officials feel the same way.
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Racine, Wauwatosa, Kenosha and Janesville.
WI Drunk Driver Petition May 15, 2008
Posted by Attorney Jonathan Groth in FAQ Personal Injury, Personal Groth.Tags: Drunk Driver, Drunk Driver Petition, Wisconsin Personal Injury Attorney
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I’ve posted before about Mark Benson the former Wisconsin Doctor who has a history of injuring and killing innocent victims on the road. Badgerblogger has drafted a petition that I encourage everyone to read and sign:
http://www.petitiononline.com/Bukosky/
Personally, I think we need to take drunk drivers off of the roads and into jail/prison. (I’ve posted about this before…what happens if the drunk driver borrows someone elses car? They’ll still be drunk and behind the wheel). But, I think the idea behind this petition about drunk drivers is at least a start. Please take the time to sign it. Or better yet, call your legislator!
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Wauwatosa, West Allis, Crivitz and Kenosha.
Look To Your Right/Left…Twice…One More Time! May 15, 2008
Posted by Attorney Jonathan Groth in FAQ Personal Injury.Tags: Bicycle Accident, Bicycle Safety, Runner's Safety, Wisconsin Personal Injury Attorney
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Bicycling and running in Wisconsin. Gotta love it. Today is one of those days. Not too hot and not too cool. Some cloud cover so you won’t overheat or get sun burned. It is the time of year when we (runners and bicyclists) emerge from our houses.
This brings me to an article I just read in the Sheboygan Press. I practice personal injury law across Wisconsin so I try to read more newspapers than average John. Anyway, a cyclist in Ledgeview was hit by a driver who didn’t look before he drove. The cyclist is in the hospital in Brown County (St. Vincent).
Sometimes maybe drivers forget about bicyclists and runners because of our long winters. Let this article be a reminder to look to your left, right and all around keeping a special eye out for bicyclists and runners on the road.
I’ll be running this week. I appreciate your help to keep us safe.
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Wauwatosa, West Allis, Wausaukee and Milton.
P.D. F/U May 7, 2008
Posted by Attorney Jonathan Groth in Personal Groth.Tags: auto accident, property damage, Wisconsin Personal Injury Attorney
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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.
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.Tags: attorneys fees, auto accident, motorcycle accident, personal injury, property damage, Wisconsin Personal Injury Attorney
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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.?”
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Pleasant Prairie, Stevens Point, Minocqua and St. Nazianz.
Should I Stop Going to the Doctor? May 5, 2008
Posted by Attorney Jonathan Groth in FAQ Personal Injury, Personal Groth.Tags: auto accident, medical care, motorcycle accident, Wisconsin car accident lawyer, Wisconsin Personal Injury Attorney
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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.
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Mukwanago, Waukesha, Lena and Two Rivers.
The Difference Between Pre-Suit Negotiations and a Lawsuit April 20, 2008
Posted 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.
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Fond du Lac, Sheboygan, Janesville, Kenosha and Wauwatosa.
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