$150,000.00 August 1, 2008
Posted by Attorney Jonathan Groth in Personal Groth.Tags: Drunk Driver, Drunk Driving, punitive damages, wisconsin personal injury, Wisconsin Personal Injury Attorney
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I had the privilege to help a woman injured after she was struck by a multiple drunk driver. Luckily, her injuries were not severe. She is still with us and doing much, if not all, of what she could do before the collision.
The at fault insurance company did NOT exclude punitive damages. This is rare. Very rare. The vast majority of the time insurance companies that write policies in Wisconsin specifically exclude any payment of punitive damages for their insureds.
It is important that you check. You may just find that needle in the haystack. In this recent case it was a great benefit to my client.
You’ve probably discovered that I don’t care for multiple drunk drivers. If you or your attorney want assistance against a Wisconsin drunk driver that injured you feel free to call me. I’d be happy to review the policy of insurance to see if you can obtain punitive damages from the drunk driver’s auto insurance.
By the way, don’t give up if insurance doesn’t cover punitive damages. Make sure you check into the assets of the driver that caused the auto accident.
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in South Beloit, Racine, Oak Creek and Wauwatosa.
Under Doctor’s Care… July 30, 2008
Posted by Attorney Jonathan Groth in Personal Groth.Tags: auto accident, wisconsin personal injury, Wisconsin Personal Injury Attorney
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It seems simple and I say it a lot: Follow your doctor’s advice. If after an auto accident you are told to not pick up certain things that way 15 or more pounds, then don’t do it. No matter what some may say, everyone wants the victims of car accidents to get better fast. You pay the doctor big money to advise you how to get better fast.
Your doctors know what they are doing. Follow their advice. If you are on work restrictions then follow them. If you are to “take it easy” then do it. There are always going to be exceptions, and I understand that. But, after an auto accident and before you decide to go do something ask yourself what your physician would say.
Wisconsin’s Dog Bite Law July 28, 2008
Posted by Attorney Jonathan Groth in FAQ Personal Injury.Tags: Wisconsin Dog Bite Attorney, Wisconsin Dog Bite Law, Wisconsin Dog Bites, wisconsin personal injury, Wisconsin Personal Injury Attorney
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It must be summer. I’ve been talking with a lot of new clients injured by dogs. For everyone’s information below I’ve linked to and posted Wisconsin’s Dog Bite Law (Sec. 174 Wis. Stats.)
When a dog causes injury to a person for the first time (“without notice”):
“the owner of a dog is liable for the full amount of damages caused by the dog injuring or causing injury to a person, domestic animal or property.”
When a dog owner knows that a dog has caused injury in the past and the dog causes injury again (“after notice”):
“the owner of a dog is liable for 2 times the full amount of damages caused by the dog injuring or causing injury to a person, domestic animal or property if the owner was notified or knew that the dog previously injured or caused injury to a person, domestic animal or property.”
If you have questions about the Dog Bite Law in Wisconsin feel free to contact me at 800-950-9882. I’d be happy to discuss your situation.
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Cascade, Lomira, Janesville and Wauwatosa.
Just in case you forgot… July 23, 2008
Posted by Attorney Jonathan Groth in FAQ Personal Injury.Tags: Drunk Driving, Wisconsin car accident lawyer, wisconsin personal injury, Wisconsin Personal Injury Attorney
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I read an article in the Oshkosh Northwestern recently that mentioned a few federal studies. One stated that Wisconsin led the nation in the number of adult residents who reported driving while under the influence. This was a federal study from April of this year. Old news but an important reminder that Wisconsin needs to change it drunk driving laws.
I didn’t recall hearing about a 2006 study by the FBI that found Wisconsin had the sixth highest arrest rate for drunk drivers. Also, Wisconsin had the fourth highest arrest rate for liquor law violations.
I’ve handled cases for many victims of drunk driving. Just the other day I spoke with a client that was struck by a drunk driver whose blood alcohol contect was .314 (I think that is pretty close to alcohol poisoning and death). That drunk driver has at least one other drunk driving arrest.
If you are the victim of drunk driving I’d like to help. At the very least I’d appreciate it if you’d contact your legislator and then email me. I’d like to keep track of which legislators have been contacted by victims in their district. The next time an important anti-drunk driving vote reaches Madison it’s important that the legislature is kept accountable!
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Plymouth, Milwaukee, Jefferson and Wauwatosa.
And the winner is…Allstate! July 21, 2008
Posted by Attorney Jonathan Groth in FAQ Personal Injury.Tags: Allstate Insurance, auto accident, wisconsin personal injury, Wisconsin Personal Injury Attorney
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“There is no greater poster child for insurance industry greed than Allstate.” The American Association for Justice recently published a report of the ten worst insurance companies. Allstate won the prize!
Other “honorable mentions” of auto/home insurance companies that write policies in Wisconsin are: AIG (3), State Farm (4), Farmers (7), Liberty Mutual (10).
Is there any wonder why victims of auto accidents, dog bites, motorcycle accidents and the like hire personal injury attorneys when Allstate’s insured is at fault?
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Lomira, Twin Lakes, Wauwatosa and Milton.
And the bond goes to the victim. July 18, 2008
Posted by Attorney Jonathan Groth in FAQ Personal Injury.Tags: Drunk Drivers, Drunk Driving, injury settlement, wisconsin personal injury, Wisconsin Personal Injury Attorney
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Where does a bond go? When someone charged with criminal activity posts bond what happens to the money?
According to Section 969.13(5) of the Wisconsin Statutes when a defendant posts a bond that amount of money shall go first to the victim of the crime. For example, when a drunk driver injures someone and is charged with a crime the money he/she posts as bond must be saved by the court to pay to the victim as a form of restitution. Sounds like a good use of the money to me.
If you are the victim of a crime be sure to ask the victim witness advocate working on your case to keep you informed about the status of the bond.
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Kenosha, Crivitz, Sheboygan and Wauwatosa.
Save your client’s time July 17, 2008
Posted by Attorney Jonathan Groth in FAQ Personal Injury.Tags: personal injury, wisconsin personal injury, Wisconsin Personal Injury Attorney
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In personal injury law once a lawsuit is filed time seems to slow to a crawl. In Wisconsin, defendants have 45 days to answer, judges can often take as long as they want to call a hearing to set the schedule of the case. Once the scheduling hearing comes along the deadlines set may be a year away.
There is little that a plaintiff can control concerning a lawsuit’s timetable. So, the things that a plaintiff’s attorney can control must be in the plaintiff’s best interest, i.e. move the case along.
One quick, and relatively easy, way to speed up the process is to file the plaintiff’s witness list with the Summons and Complaint. This can save up 60 or 90 days in the litigation process. Also, serve your interrogatories and requests for production of documents with the Summons and Complaint. The sooner the plaintiff has important information about the defendant the sooner depositions can be taken and the sooner the trial will come.
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Beloit, Racine, Sheboygan and Wauwatosa.
Sorry, Can’t Help Any More July 11, 2008
Posted by Attorney Jonathan Groth in FAQ Personal Injury.Tags: car accident, motor vehicle collision, second opinion, wisconsin personal injury, Wisconsin Personal Injury Attorney
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That is sometimes the comment that victims of car accidents get from their doctors. Often, the comment will be “you’ve reached a plateau” or “your condition is waxing and waining”. If you are the victim of a motor vehicle collision and have long standing pain don’t be afraid of a second opinion. If you see a chiropractor don’t hesitate to ask him or her for the name of someone to check out care through a different modality. If you are seeing your general practitioner doctor don’t be afraid to ask for a referral to a pain specialist. Physiatrists (pain and rehabilitation specialists) are often brought in to help deal with longstanding pain.
Whatever your problems are I strongly encourage you to be proactive regarding your treatment. Remember, when it comes to your health: You are your best advocate. No one knows the problems that you go through better than you. Write down the problems that you continue to suffer through and take that list to the doctor. It will help her/him track your pain and how best to treat your problems.
Just Ask July 9, 2008
Posted by Attorney Jonathan Groth in FAQ Personal Injury.Tags: motor vehicle collision, Uninsured Motorist Coverage, wisconsin personal injury, Wisconsin Personal Injury Attorney
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I spoke with a client recently who was involved in a serious auto accident a few years ago. He was hit by a car that ran from the scene. He suffered a number of serious injuries and was admitted to Froedert Hospital’s ICU. Because he didn’t know who hit him he said nothing was done.
What would you do? Just call and ask. Most personal injury attorneys will not charge anything to investigate a situation like this. I will gladly order the police report and speak to witnesses and insurance agents to see if recovery for lost wages, medical bills and pain and suffering is possible.
Don’t forget in Wisconsin your insurance company supplies Uninsured Motorist Coverage. If you are involved in a hit and run collision you have the benefit of making a claim against your insurance company. Once your insurance company settles or is forced to pay what the value of your claim is then THEY have the burden of tracking down the at fault party and collecting from garnished wages or savings accounts.
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Crivitz, Kenosha, Janesville and Wauwatosa.
No Car, Not Good. July 6, 2008
Posted by Attorney Jonathan Groth in Personal Groth.Tags: loss of use, motorcycle accident, wisconsin personal injury, Wisconsin Personal Injury Attorney
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I’ve battled with insurance companies recently over the loss of the use of my client’s vehicle. When someone is involved in a car accident and their car is out of commission it is a big inconvenience. The law in Wisconsin says that this “loss of use” must be compensated. It does NOT matter whether or not a rental vehicle was obtained.
So, let’s say Bob is involved in a motorcycle accident. His bike is a total loss. It’s sitting in his garage because the at-fault insurance company hasn’t come out to look at it yet. In the meantime he has to drive his “winter car”.
Bob didn’t suffer any out of pocket loss. He didn’t rent a vehicle or didn’t have to hire a taxi. But, he lost the use of his vehicle. He was certainly inconvenienced by the collision. The law says that the at-fault party must pay for this loss of use and inconvenience. (Hellenbrand v. Hilliard 2004 WI App 151, para. 34).
If you have questions about loss of use or loss feel free to call me. I’d be happy to help you. I’ll write later on about loss of value of a vehicle. (for example, if your new vehicle is in a collision it loses its resale value.)
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Racine, Pleasant Prairie, Marinette and Wauwatosa.
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