Jurors, Elephants and Donkeys December 19, 2008
Posted by Attorney Jonathan Groth in Personal Injury Law.Tags: jury trial, punitive damages, Wisconsin Personal Injury Attorney
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The Wisconsin Lawyer Magazine has a quick read entitled Politics in Civil Jury Selection. Very interesting.
This is one of the more important parts of my job. Who should I keep on a jury? What questions do I ask in order to figure out who would make a good juror for a particular set of facts. Who will the defense want to keep or strike?
Alan Tuerkheimer, UW Law 2000, is a trial consultant with Zagnoli McEvoy Foley, LLC in Chicago. The Zagnoli firm conducted a survey of mock jurors in order to determine a relationship between political party identification and damages verdicts.
Some sections that I found interesting:
The Zagnoli study found that while political leaning tends to correlate with what jurors say about damages in civil cases, it does not predict whether or how much they actually award. In other words, political leaning is related to what a juror says but not necessarily to what a juror does; thus, political party allegiance should not be too heavily relied on during jury selection.
More specifically, Republicans were more likely than Democrats to make an at fault person pay damage awards for future medical expenses.
A closer look shows that a high proportion of Democrats (86 percent), but an even higher proportion of Republicans (92 percent), would consider awarding money for future medical expenses.
Finally, when it comes to the premise of awarding punitive damages both parties were high. Again, like I assumed Democrats were more likely to agree (92 percent agreed) but I was a little surprised that so many Republicans agreed (80 percent agreed).
I recommend the article. I ask this of my readers. If anyone finds similar articles about jury selection please let me know. I like reading about this stuff.
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Milwaukee, West Bend, New Berlin and Wauwatosa.
It’s Snowing So Let’s Talk About Pools and Spas December 18, 2008
Posted by Attorney Jonathan Groth in Personal Injury Law.Tags: child injury, child safety, pool and spa safety, wisconsin personal injury, Wisconsin Personal Injury Attorney
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I’m in Wisconsin. It is NOT warm here. It is cold, snowy and icy. But, I can at least think warm.
This post is for the water lovers out there with small kids. Many people try to think warm this time of year (including my family) by going to the YMCA, hotel or local indoor (heated) pool.
In theory, on December 19, 2008 pools and spas will be safer because the Virginia Graeme Baker Pool and Spa Safety Act goes into effect. This law was signed by President Bush on December 19, 2007. Congress gave all effected pool and spa owners one year to comply with the new standards.
According to WSJ.com:
Under the law, all public pools and spas must have ASME/ANSI A112.19.8-2007 compliant drain covers installed and a second anti-entrapment system installed, when there is only a single main drain.
The reason for this law is tragic. Former Secretary of State James Baker’s granddaughter died after being stuck to the drain of a pool. The suction was just too much for the 7 year old girl to overcome.
According to USA.Safekids.org:
Seven-year-old Graeme was a member of the community swim and diving team and had been swimming unassisted since she was 3 years old — but her death is listed as a drowning. In fact, she drowned by entrapment, pinned under water by hundreds of pounds of suction force at the drain of the hot tub.
I encourage you to check out Safe Kids USA’s website. There is a lot of useful information for parents of kids who love to swim. Be careful this holiday season!
If you or a loved one is injured because you think the pool or spa owner did not comply with this law I’d be happy to discuss this with you.
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in West Allis, Sheboygan, Plymouth, and Germantown.
If you’d like to submit a question or case please complete a case submission form.
Statistically Safer December 16, 2008
Posted by Attorney Jonathan Groth in Motorcycle Collisions, Wisconsin Auto Accidents.Tags: motorcycle accident, Personal Injury Attorney, Wisconsin car accident lawyer, Wisconsin Personal Injury Attorney
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According to the National Highway Traffic Safety Administration traffic fatalities in 2008 are down 10 percent. This is compared to the same period in 2007. So, Americans were less likely to be killed on the road in 2008 as compared to 2007.
The NHTSA discussed the number of people killed in vehicle accidents:
August is the month with the highest fatalities (3,612), while March has the lowest fatalities (2,804) during the ten months. When compared to the corresponding months in 2007, the estimates each month reflect a downward trend. While fatalities fell by 2.5 percent in February and 1 percent in August, there were much more significant declines March through July, Septem-ber, and October.
I can’t comment on the relationship of the statistics, but the NHTSA also discusses how helmet use and seat belt use were up in 2008 as compared to 2007.
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in West Allis, Sheboygan, Plymouth, and Germantown.
If you’d like to submit a question or case please complete a case submission form.
16 Too Many December 4, 2008
Posted by Attorney Jonathan Groth in Wisconsin Auto Accidents.Tags: dangerous roads, Wisconsin car accident lawyer, Wisconsin Personal Injury Attorney
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Yes, I live in Wisconsin. Yes, we get snow…sometimes lots-o-snow. Yes, people are involved in car accidents because of the snow. But, 16 in one morning?!? Come on Wisconsin! We are better drivers that that!
The Milwaukee Journal Sentinel reports that there were two serious injuries:
A 34-year-old West Allis woman is in critical condition after a two-vehicle car crash this morning on National Ave. near Oakdale Drive in the Town of Vernon, Waukesha County Sheriff’s Capt. Karen Ruff said.
“The roads were very icy,” Ruff said. The sun was shining so ice was melting, but it was also cold enough that there were still icy spots, she said. Some of the crashes on I-94 may also have been caused by people watching other crashes or following too close, she said.
These car accidents occurred during a 90 minute span. Be careful Wisconsin!
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Milwaukee, West Bend, New Berlin and Wauwatosa.
“Look Both Ways” December 4, 2008
Posted by Attorney Jonathan Groth in FAQ Personal Injury, Wisconsin Auto Accidents.Tags: child injury, child safety, pedestrian, Wisconsin Auto Accidents, Wisconsin Personal Injury Attorney
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I’ve said that phrase a bazillion times the past few years. Those with small boys will understand. As a personal injury attorney maybe I’m a little (actually a lot) more worried about car versus pedestrian accidents. I’ve handled a great number of cases where people walked across the street at the cross walk and not at the cross walk. In short, always cross at the cross walk, even if it means walking a few hundred feet out of your way.
The reason I mention this is a blog post that Attorney Michael Pines of California wrote. California has a new program called the “Safe Routes to School Program.” It’s a good idea. I don’t know of anything like it in Wisconsin.
In short Attorney Pines describes it as:
What the program intends to do is to create specific, easily accessible routes for children to walk to school with reduced dangers and hazards. The routes include smaller traffic flow, safety barriers between pedestrians and traffic, lower speed limits in these zones, and in some areas, the restriction of auto traffic altogether.
I don’t know what the cost of the program would be. But, in theory it sounds like a good idea. Maybe some generous foundation could fund this?
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Fond du lac, West Bend, Kenosha and Wauwatosa.
Child Safety Seats Safe? December 2, 2008
Posted by Attorney Jonathan Groth in Personal Injury Law, Wisconsin Auto Accidents.Tags: child injury, child safety, Wisconsin Personal Injury Attorney
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You fly to Grandma’s house for Christmas with your kids. With the increased prices of luggage these days you decide to NOT bring the kids’ safety seats. You’ll just rent them. It’s okay right? These safety seats are safe? They have to be safe. If they weren’t safe the rental company wouldn’t allow the public to use them.
Well, don’t assume anything. Consumeraffairs.com wrote about a family’s recent troubles with their rental child safety seats.
“Some seats were obviously missing parts. Some were obviously very old,” she told ConsumerAffairs.com. “We installed two of the better looking seats thinking that they were okay only to find that they were not working.”
So, what can a family on the move do? Consumeraffairs.com recommends:
• Inspect each seat thoroughly for any evidence of cracking, twisting, worn harness webbing or broken buckles.
• Verify that seatbelts are threaded through the proper channels.
• Once you have latched the buckles, pull hard to make sure that they do not detach.
• Find the “birth date” label on the side or back of the seat, and don’t use a seat more than 5 years old.
• Get a copy of the car seat manual
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Milwaukee, West Bend, New Berlin and Wauwatosa.
Troublesome Toys November 28, 2008
Posted by Attorney Jonathan Groth in FAQ Personal Injury, Personal Injury Law.Tags: BPA, child safety, wisconsin personal injury, Wisconsin Personal Injury Attorney
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The United States Public Interest Research Group released a study entitled “Trouble in Toyland.”
What caught my eye was the discussion of chemicals in our kids’ toys.
Toxic phthalates: Numerous scientists have documented the potential health effects of exposure to phthalates in the womb or at crucial stages of development, including (but not limited to) reproductive defects, premature delivery, early onset of puberty and lower sperm counts. Effective February 2009, the CPSIA bans toys that contain concentrations of more than 0.1 percent of a toxic chemical called phthalates. PIRG found toys that contained concentrations of phthalates of up to 40 percent.
So what can you do to avoid these chemicals. I previously wrote about BPA in baby bottles, cups and dishes. Along with the advice from that blog I recommend you read PIRG’s study. In part:
Avoid toys made of PVC plastic; which often contains phthalate softeners. Choose unpainted wooden or cloth toys instead. Read the labels of play cosmetics and avoid products with xylene or toluene or phthalates. All of these pose hazards, especially to developing children’s small bodies.
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in West Allis, Sheboygan, Plymouth, and Germantown.
If you’d like to submit a question or case please complete a case submission form.
It’s the Time of Year for Toys (Dangerous Toys) November 24, 2008
Posted by Attorney Jonathan Groth in Personal Injury Law.Tags: child injury, child safety, Personal Injury Law, Wisconsin Personal Injury Attorney
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The group W.A.T.C.H. (World Against Toys Causing Harm Inc.) recently released its “Ten Worst Toys” list. The most common reasons are “Eye Injuries,” “Choking Injuries” and “Other Serious Injuries.” Simply put, these are dangerous toys.
I can say, as a father, I would not let my 3 and 1/2 year old play with nunchucks when he turns 4. If that makes me a bad father so be it. According to W.A.T.C.H.:
4-year-old children are encouraged to play the part of a Ninja, while wielding various weapons. One such weapon is Michelangelo’s “Nunchaku”, which the manufacturer describes as a “Kick-butt signature weapon!” consisting of two long plastic handles connected by a plastic chain. Remarkably, there are no accompanying cautions or warnings relating to potential impact injuries.
I was a TMNT fan as a kid. But, my parents would never have let me own nunchucks as a 4 year old. Who is the marketing genius that came up with this marketing scheme? It reminds me of the Dan Aykroyd skit from SNL.
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Shawano, Algoma, Kenosha and Wauwatosa.
Google Alerts and Litigation November 21, 2008
Posted by Attorney Jonathan Groth in FAQ Personal Injury, Personal Injury Law.Tags: Wisconsin Personal Injury Attorney
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I wrote about this topic a few weeks ago. There isn’t much to add other than an interview I recently gave to the Wisconsin Law Journal.
Talk to Your Personal Injury Attorney Before You Sign the Retainer November 18, 2008
Posted by Attorney Jonathan Groth in Dog Attack Information, Drunk Driving, FAQ Personal Injury, Motorcycle Collisions, Personal Injury Law, Wisconsin Auto Accidents.Tags: FAQ Personal Injury, hiring a lawyer, Personal Injury Law, Wisconsin Personal Injury Attorney
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The PersonalInjuryLawyerMichiganBlog.com has a good post about talking with your soon-to-be personal injury lawyer. According to this blog here are a few things to watch for:
- Fees. How much is the lawyer going to take of the settlement? It shouldn’t be an excessive amount.
- Honesty. Do you get a sense he is over inflating your potential award settlement or chance of winning to get you as a client? Like the saying goes, if sounds good to be true if probably is. That’s not to say that you don’t have a good case, but an experienced lawyer knows that most companies won’t sit quietly by as you sue them. He or she should let you know honestly what to expect.
- Quality. Does your lawyer answer all your questions so that you understand them or do you feel rushed through? You want to work with someone who is willing to get all the details and to work with you to get what you deserve. You don’t want a lawyer with a thousand clients, giving a half effort because he’s happy if a few of the lawsuits get paid.
Believe me, if you go to your initial meeting with a personal injury attorney with a list of questions and a trusted friend or family member in tow it will be a good/productive meeting. I see it as refreshing not insulting.
Hiring a personal injury attorney is a big decision. Be sure to google search the attorney. Look up their rating, cases and lawyers in the office or office share.
The more information the better.
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Shawano, Algoma, Kenosha and Wauwatosa.
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