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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.

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

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.