Series on Drunk Driving October 22, 2008
Posted by Attorney Jonathan Groth in Drunk Driving.Tags: Drunk Drivers, Drunk Driving, wisconsin personal injury, Wisconsin Personal Injury Attorney
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If you haven’t read the Journal Sentinel these past few days you are missing out on a good five part series on drinking in Wisconsin.
Tuesday’s article talked about Wisconsin’s lax drunk driving laws. You can get a sense of my opinion on this topic by checking out my tag cloud over on the bottom right of my blog.
Listen to this. I hope you are as shocked as
In 1999, the maximum penalty for a fifth offense translated to 40 months in prison. After that, it changed to a three-year prison term with the possibility of three more years for those who break the law again. But in Milwaukee County, no five-time drunken driver received the maximum, the Journal Sentinel found.
So, if a 5 time drunk driver doesn’t get the maximum then who will? The reports talks about how sentencing varied widely between judges. In short some judges are more liberal and some are more conservative when it comes to sentencing.
I don’t want to cut and past the entire article here. I hope you’ll read it and keep pressure on our legislators to make a change in the right direction.
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Marinette, Milwaukee, Milton and Wauwatosa.
Personal Injury Paparazzi? October 7, 2008
Posted by Attorney Jonathan Groth in FAQ Personal Injury.Tags: injury settlement, insurance settlement, wisconsin personal injury, Wisconsin Personal Injury Attorney
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It sounds kind of weird, doesn’t it? Why have a professional photographer take pictures of a personal injury victim? Well, in every case that involves scars, permanent bruises or disability the at fault insurance company asks for pictures to evaluate the claim.
Why not have the injured victim just meet with the at fault adjuster? Many times the adjuster is in some far off office, hours from injured victim. Usually, insurance companies have “round table” discussions about these types of injuries. This means that a bunch of adjusters will get together one day and pass around photographs of scars, permanent bruises etc. and give their opinion of the “value” a jury would award for the injury. That is how at fault adjusters come around to offering a personal injury settlement.
So, back to the professional photographer. An injured party needs to have pictures that truly represent the injuries. Just as if they were standing there in the conference room with the adjusters “round tabling” the claim.
Don’t get me wrong, nowadays many digital cameras will do a great job and take quality pictures. But, in order to give the at fault adjuster as true a representation of the injuries I’d recommend a professional photographer.
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Oostburg, Marinette, Wisconsin Dells and Wauwatosa.
No TXT while DRVNG in CA September 29, 2008
Posted by Attorney Jonathan Groth in FAQ Personal Injury.Tags: auto accident, Wisconsin car accident lawyer, wisconsin personal injury
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The Governator just signed a bill banning texting and emailing while driving. If you are caught texting or emailing while driving in California you will be fined $20 the first time and $50 each subsequent offense.
The bill was drafted, in part, after a study that showed that most Americans who text also text while driving.
I can’t imagine it will be long before a bill like this is introduced in Wisconsin.
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Crivitz, Janesville, Plymouth, Wauwatosa and Germantown.
Should I give a statement to the insurance company? September 24, 2008
Posted by Attorney Jonathan Groth in FAQ Personal Injury.Tags: Allstate Insurance, hiring a lawyer, insurance settlement, recorded statement, wisconsin personal injury
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If you were in a collision and the at fault driver had insurance I’m sure you’ve asked yourself this question. That’s because one of the first questions out of the at fault insurance adjuster’s mouth is, “Can I record a statement?”
My standard answer to this questions is no. Don’t give a statement. If the at fault insurance company insists on a statement then wait until you hire a lawyer before giving a statement. You hire a lawyer to stand by your side and serve as your advocate through the entire process. Why give a statement before having that advocate by your side. (Remember my April 21, 2008 post talking about Allstate’s Claim Manual saying that Allstate knows that victims with insurance settle for 2-3 times more than unrepresented victims).
Remember, insurance companies are in the business of making money. That is certainly not wrong or illigeal by any means. But, what that means is they want to take in premiums and pay out as little as possible. That’s just the basic economics of insurance. So, insurance companies teach their insurance adjusters how to make sure they pay out as little as possible. That starts right away after the collision with the recorded statement.
This is especially important if liability it at issue. The at fault insurance wants to pin as much fault on you as possible. The facts are the facts but many times confusion, pain meds, frustration or other things get in the way of an injured person’s ability to clearly describe what happened.
So, if you are involved in a collision I recommend talking with an attorney before you give that statement to the at fault insurance company. I’m sure you’ll be glad you did.
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in West Allis, Crivitz, Plymouth, and Germantown.
Who’s Getting Older? September 8, 2008
Posted by Attorney Jonathan Groth in FAQ Personal Injury.Tags: health insurance, Nursing Home Abuse, wisconsin personal injury, Wisconsin Personal Injury Attorney
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Time magazinehas some interesting stuff. This week on page 54 is an article by Dan Kadlec about long term care insurance in the United States. Long Term Care is another word for a nursing home, assisted living facilities or at home nursing aids.
If you look around my blog you’ll see that my personal injury practice includes nursing home abuse. We often talk about what to do after the nursing home neglect took place. But, how do you avoid the neglect? There are lots of different things to look out for. Being proactive is one of them.
The Time magazine article talks about the cost of long term care and the difference in premiums depending on your age. For example, if you purchase long term care insurance (i.e. nursing home health insurance) in your 50s you may qualify for a “good-health discount” and only 14% of people are denied coverage. Wait until your 60s and only 42% get the discount and 23% are denied coverage.
This is really important if your family has a history of alzheimers, stroke or other degenerative illnesses. I suggest reading the article. It’s certainly something to think about sooner rather than later.
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Algoma, Jackson, Two Rivers and Wauwatosa.
A Drunk Driver Ruins the Celebration September 5, 2008
Posted by Attorney Jonathan Groth in FAQ Personal Injury.Tags: designated driver, Drunk Driver, Drunk Driving, motorcycle accident, punitive damages, Wisconsin car accident lawyer, wisconsin personal injury
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Once again a drunk driver ruins a party. The Milwaukee Journal Sentinel reports that a drunk driver killed a Harley rider during last week’s 105th Harley Davidsons Birthday Celebration. The drunk driver was about 3 times over the legal limit at the time of the collision.
The collision occurred at about 2:15pm on August 29th. She must have started drinking pretty early in the day to get that drunk before 2:15pm. When is it ever worth drinking that much that early? And why would you ever think of driving?
The victim is a 55 year old Michigander.
Once again the call goes out to the legislature to tighten the drunk driving laws in Wisconsin. Hopefully, the DA assigned to this case will enforce the laws currently on the books.
Ocho Cinco September 2, 2008
Posted by Attorney Jonathan Groth in FAQ Personal Injury.Tags: auto accident, wisconsin personal injury, Wisconsin Personal Injury Attorney
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AKA Chad Johnson of the Bengals. Mr. Ocho Cinco has changed his name from Chad Johnson to Chad Ocho Cinco. So what does this have to do with Personal Injury law in Wisconsin?
Simply put, trust but verify. I’ve had a great number of clients that came to me because the at fault driver fled the scene, didn’t give any insurance information or lied about who was driving the car. So, what happens if someone doesn’t appear to be completely honest at the scene of an accident (i.e. when you exchange information gives you the name Chad Ocho Cinco)?
The key is to take as much information as possible. First call the Police. Then get their address, license number, remember what they look like and don’t be afraid to take a picture of the accident scene with your cell camera. Also, don’t forget to ask for their mobile phone number! A mobile phone number can be useful in determining if the at fault driver was distracted at the time of the collision.
It’s sad but true. Nowadays you can’t trust that anyone is giving you the right information. I have a lot of experience tracking down people across the United States. I’ll do what I can to help you too.
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Wauwatosa, Ixonia, Crivitz and Sheboygan.
Harley Davidson’s 105th = Lots More Bikes August 27, 2008
Posted by Attorney Jonathan Groth in FAQ Personal Injury.Tags: Harley Davidson, motorcycle accident, wisconsin personal injury, Wisconsin Personal Injury Attorney
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You’ve seen the bumper stickers reminding us that “bikes have equal rights” and to “watch out for bikers.”
In Milwaukee this weekend these stickers take on a whole new meaning. This weekend is Harley Davidson’s 105th Anniversary Celebration. There will be a lot more motorcycles on the roads in and around Milwaukee.
Sadly, I read about the first fatality of the HD Celebration. In Sheboygan a car struck a Harley rider. The car driver was treated at the ER and released. The bike rider was killed.
I’ve represented a great number of motorcycle owners over the years. Many of the collisions and serious injuries could have been avoided if the at fault driver would have just taken the bumper sticker’s advice: Bikers have equal rights.
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Oconto, Sheboygan, Janesville and Wauwatosa.
$840 Million August 26, 2008
Posted by Attorney Jonathan Groth in FAQ Personal Injury.Tags: medical care, wisconsin personal injury, Wisconsin Personal Injury Attorney
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If any doctors complain about the high cost of malpractice insurance in Wisconsin please refer them to this story from the Milwaukee Journal Sentinel.
In Wisconsin, Doctors must pay the first $1 million in malpractice insurance. If a doctor’s negligence causes injury and the compensation due the victim is more than $1 million then a state fund pays the rest. So, Doctor’s in Wisconsin only need to pay for $1 million in malpractice insurance.
When you hear stories about how lawsuits against doctors are causing them to leave the state take it with a grain of salt. In other states Doctors must pay for much more insurance. Many doctors would be happy to only pay for $1 million in coverage.
Another interesting bit from this article. Payments from this large fund to victims who file medical malpractice claims total $20 million per year. The fund had $840 million in funds available. A lawyer for the State of Wisconsin said the fund “can easily pay the $20 million or so in claims made against it each year.”
Again, take this into account when you hear doctors gripe about lawyers and lawsuits. There is much more to the story.
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Milwaukee, Lomira, Sturgeon Bay and Wauwatosa.
Name, Number and Maybe Even E-Mail August 21, 2008
Posted by Attorney Jonathan Groth in FAQ Personal Injury.Tags: Bicycle Accident, bike accident, Wauwatosa Personal Injury, wisconsin personal injury, Wisconsin Personal Injury Attorney
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I was driving home the other day and traffic was horrendous. There was a collision involving a bicycle and a car. An ambulance and fire truck were present taking care of the injured bicyclist. There must have been a dozen or so people standing around who had gotten out of their vehicles to help.
This reminded me of something. If you see a collision please give your name, number, address and/or e-mail to the parties involved or, better yet, the police at the scene.
If you don’t want to give your address then a telephone number or email is fine.
Many times I’ll get involved in a case a few weeks or months after the collision. The person that caused the collision may have admitted fault to the injured party and the witnesses at the scene. But, when confronted by their insurance company and the potential of higher premiums some people’s memory changes. That is why it is important for witnesses who know the truth to share their information with the parties and police.
If you were involved in a collision wouldn’t you want others to stand up and tell the truth too?
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Kansasville, Cudahy, Sheboygan and Wauwatosa.
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