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What to Expect April 7, 2009

Posted by Attorney Jonathan Groth in Motorcycle Collisions, Personal Injury Law, Wisconsin Auto Accidents.
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A lot of my client come to me asking about Chiropractic care.  I see a lot of people who suffer from whiplash after an auto accident.  Logically, Chiropractic care is one of the first things that comes to mind.

Before you see a Doctor of Chiropractic it is important to know what to expect.  Doctor Rada of Apple Chiropractic and Rehab Clinic is a good friend and my clients have always spoke highly of her.

Dr. Rada’s website has some good recommendations:

Since chiropractic care involves a series of visits, with each one building on the ones before, it’s important that our relationship can go the distance. We’ve found that one of the best ways to have successful patient relationships is to explain everything in advance. No surprises!

The more you understand who we are, what we do and why we do it, the better results you’ll enjoy. It’s as simple as that.

So, check us out here. Poke around. Get to know us. Then, contact us to make an appointment so we can get to know you.

  • First Visit. To find out if we can help you, we ask questions and listen.
  • Second Visit. We’ll report what we found and answer all your questions.
  • Regular Visit. A typical visit will be much shorter, but just as importan
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    What If The Police Gave Everyone A Ticket? April 6, 2009

    Posted by Attorney Jonathan Groth in Motorcycle Collisions, Personal Injury Law, Wisconsin Auto Accidents.
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    Phil Berenz of www.counseloroffices.net (an Illinois Attorney) wrote a good blog post on what happens when the injured party who was not a majority at fault receives a ticket.  I get this question a lot.  Let’s say the police give tickets to both drivers who are involved in an auto accident.  In Wisconsin this fact is NOT admissible at trial.  The jury isn’t going to hear about the tickets.  Why?  Because it is up for the Jury to decide negligence, period.  The fact that a police officer gave a ticket may influence the jury one way or another.  So, a judge won’t allow the parties or police officer to talk about tickets.

    Check out Phil’s blog. He is a good guy and good attorney.  Here is his opinion on Illinois’ trial practice.

    Many individuals who are in accidents often ask me whether the jury will hear that the defendant received a ticket in relation to the accident. They would love for the jury to hear that! They are often surprised to hear me say “absolutely not.” In fact, I tell them that the Judge–prior to the trial even beginning–makes decisions on whether such issues will ever be heard by the jury. These decisions by the Judge are based on what are known as “Motions in Limine.” Motions in Limine are specific requests brought by both parties to prevent the mention of, question of, reference to, inquiry of, suggestion of–directly or indirectly–certain evidentiary issues. The rationale for excluding certain issues such as traffic tickets is, among other reasons, to prevent unfair prejudice to a party. Defendants routinely demand that evidence of traffic tickets be excluded from admissibility before the jury unless, generally speaking, a proper foundation is made as to a defendant pleading guilty (as opposed to being found guilty) and a certified copy of the guilty plea being made available at trial time. Even then, there is no guarantee a Judge will allow a guilty plea to a traffic ticket to be heard by the jury depending upon the specific circumstances of the situation. If the Judge rules that no evidence of traffic tickets will be admissible and a plaintiff (or his attorney or potentially other witnesses) mentions the ticket, the defendant’s attorney will most likely move for an immediate mistrial!

    If you have questions about an accident where you were not at fault but received a ticket or whether someone is simply “at fault” in Wisconsin feel free to contact me.  I’d be happy to discuss your situation.

    www.jonpgroth.com

    Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Wausaukee, Kenosha,  Janesville and Wauwatosa.

    Speed Defeats Right of Way March 24, 2009

    Posted by Attorney Jonathan Groth in Drunk Driving, FAQ Personal Injury, Personal Injury Law, Wisconsin Auto Accidents.
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    A Marinette, Wisconsin man was driving on U.S. 41 when a car pulled onto the highway.  The Marinette man struck this vehicle.  The Marinette man survived.  Everyone in the other vehicle died.

    If this is all you heard you may say that the other vehicle was at fault.  Why didn’t they see the Marinette man’s vehicle?  They should have yielded the right of way to the vehicle on U.S. 41.

    In Wisconsin “speed defeats right of way.”  So, if you are speeding on the road and another car pulls out in front of you, guess what?  You, the speeder, are at fault.

    That is what happened in this case.  Plus, I should mention that the Marinette man was intoxicated.  An accident reconstruction specialist estimated the Marinette, Wisconsinite was driving between 77 and 81 in a 45 mph zone.

    The Marinette man killed the driver of the car, his three daughters (two were pregnant so two kids were killed) and his son.

    The Marinette man was allegedly at a bar where his wife worked for 9 hours prior to the crash.  He told the police that he was distracted when the collision occurred.  He was changing the radio station in his car.

    Read the AP’s full story at jsonline.com.

    If you have questions about an accident involving a drunk driver or whether someone is “at fault” in Wisconsin feel free to contact me at 800-950-9882.  I’d be happy to discuss your situation.

    www.jonpgroth.com

    Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Wausaukee, Kenosha, Janesville and Wauwatosa.

    What’s This Talk About a Jury Trial? March 2, 2009

    Posted by Attorney Jonathan Groth in FAQ Personal Injury, Personal Injury Law, Wisconsin Auto Accidents.
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    I think I need to write about a few things that I commonly hear from clients and a few things that I commonly say to clients.

    First, about something I say.  Whenever someone asks about the value of a claim or what we will “go after” for compensation I always say something like “the law allows us” or a “jury would be allowed to consider” or “we could ask a jury.”

    I don’t use these phrases to scare clients and make them think we are going all the way to a trial.  In fact, the vast majority of my clients never see a courtroom.  I say these things because ultimately, the only way to force an insurance company to compensate an injured victim is by taking the case to a jury.  Once the jury decides and decides on a verdict that is what the insurance company has to pay.  (Obviously there is always the possibility of appeals but that is a post for another day…if jury trials are rare I’m sure you can imagine how rare appeals are).

    Settlements made presuit or after a suit is filed are all based on guessing what a jury would award.  That is why you really hire a lawyer.  You hire a lawyer to give you an educated guess as to what a jury would award considering the law, facts and all the miscellaneous things out there.

    No one knows what a jury would award.  But, who better to give you advice on the value of a personal injury matter than an attorney who has dedicated his career to knowing what amount of money a  jury would use to compensate an injured person and his/her family.

    Next time I’m going to write about:

    Thanks, I’m glad I hired you to handle my “lawsuit.”

    www.jonpgroth.com

    Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Cascade, Lomira, Janesville and Wauwatosa.

    Quoted February 5, 2009

    Posted by Attorney Jonathan Groth in Personal Groth.
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    I guess I was quoted in a couple legal publications. 

    Thanks to whoever decided to publish this.  I appreciate the publicity!

     

    http://www.jonpgroth.com

    Snowmobile Safety January 9, 2009

    Posted by Attorney Jonathan Groth in Personal Injury Law.
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    BRP U.S. Inc. recalled some Ski-Doo snowmobiles last year.  Now that we have a bunch of snow in Wisconsin it is time to check your snowmobile (or as Governor Sarah Palin says “Snow Machine”).

    Ski-Doo is imported from Finland by the BRP U.S. Inc. company in Sturtevant, Wisconsin.  The Consumer Product Safety Commission has the information and pictures on their website.  The hazard is:

    Friction between the fuel hose and the cylinder head cover can cause the hose to pierce. This can cause fuel to leak out, posing a fire hazard.

    If you are driving snowmobiles this season be sure to stay safe.  The Wisconsin Association of Snowmobile Clubs has a weekly safety tip.  Check them out and drive safe.

    Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Milwaukee, West Bend, New Berlin and Wauwatosa.

    Click here to submit a Case or Question.

    Let’s Get to Zero January 7, 2009

    Posted by Attorney Jonathan Groth in Drunk Driving, Motorcycle Collisions, Personal Injury Law, Wisconsin Auto Accidents.
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    The State of Wisconsin is running a serious ad blitz on TV and radio.  The ads talk about the number of deaths and serious injuries that occur daily because of car accidents.  In short the ads talk about cell phones, drinking and not paying attention as bad driving habits that we all can work on.  If we can change our habits there won’t be as many injuries and serious car accidents in Wisconsin.

    Their website ZeroInWisconsin.gov says:

    Some deaths were caused by speeding while others were a result of drunk driving, or not wearing a seat belt. Tragically, these deaths affect many lives and cause great pain to thousands of people throughout the state. Fortunately, you can help change that number.

    There is a bunch of statistics on the page too.   I think I’ve already talked about the death totals from car accidents before.

    In short, this is a good time to assess your driving habits and make a New Year’s Resolution to drive more responsibly.  It sounds simple but this is good advice:

    By staying within the speed limit, being sober behind the wheel, and buckling up, you can do simple things that can turn more than 500 annual deaths into zero.

    Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in West AllisSheboygan,  Plymouth,  and Germantown.

    If you’d like to submit a question or case please complete a case submission form.

    It’s Snowing So Let’s Talk About Pools and Spas December 18, 2008

    Posted by Attorney Jonathan Groth in Personal Injury Law.
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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 AllisSheboygan,  Plymouth,  and  Germantown.

    If you’d like to submit a question or case please complete a case submission form.

    Troublesome Toys November 28, 2008

    Posted by Attorney Jonathan Groth in FAQ Personal Injury, Personal Injury Law.
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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 AllisSheboygan,  Plymouth,  and  Germantown.

    If you’d like to submit a question or case please complete a case submission form.

    Worse than Drunk Driving? November 27, 2008

    Posted by Attorney Jonathan Groth in Wisconsin Auto Accidents.
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    According to a recent story by Milwaukee’s ABC affiliate teens who drive while texting have a reaction time that is worse than those who are under the influence of alcohol or marijuana:

    A study found that reaction time for teens who text as they drive slows by 35 percent, which is worse than if they were under the influence of alcohol or marijuana.

    According to the report 46% of teens admit to driving while texting.  Knowing teens, because I was one once, my guess is that number is low.

    Senator Lasee will introduce a bill in January 2009 calling for fines for offenders and even jail time if someone dies because of a texting driver. This legislation failed last year.

    Teen drivers need to consider the consequences of their actions.  Depending on the facts of the collision I don’t think verdicts including punitive damages against texting drivers are too far in the future.

    Wisconsin’s Punitive Damages law states at Section 895.85 Wis. Stats.:

    “The plaintiff may receive punitive damages if evidence is submitted showing that the defendant acted maliciously toward the plaintiff or in an intentional disregard of the rights of the plaintiff.”

    How does this apply to teens who text?  Well, if a teen knows of the dangers of texting or has had near misses or accidents while texting then punitive damages may be possible under Wisconsin law.

    The Wisconsin Supreme Court stated:

    We conclude that the statute’s requirement that the defendant act ‘in an intentional disregard of the rights of the plaintiff’ necessitates that the defendant act with a purpose to disregard the plaintiff’s rights or be aware that his or her conduct is substantially certain to result in the plaintiff’s rights being disregarded.”

    Parents watch your kids.  American Family offers a teen safe driver program.  More about this later.

    www.jonpgroth.com

     Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Milwaukee, West Bend, New Berlin and Wauwatosa.

    Click here to submit a Case or Question.