Speaking of Cribs June 27, 2008
Posted by Attorney Jonathan Groth in Personal Groth.Tags: infant safety, wisconsin personal injury, Wisconsin Personal Injury Attorney
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What a coincidence! The Consumer Product Safety Commission has recalled the Stanley Furniture Company’s 2nd Nature Built to Grow Crib set. When the mattress support is in the middle setting the space between the middle mattress and the crib posses an entrapment hazard for infants. In other words kids could get their head stuck in the crib and suffocate.
The CPSC has pictures of the crib on its website.
Be safe. If you own this crib make arrangements for your child to sleep somewhere else right away. It’s not worth the risk of injury.
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Crivitz, Kenosha, Janesville and Wauwatosa.
And Now About Bassinets. June 26, 2008
Posted by Attorney Jonathan Groth in FAQ Personal Injury.Tags: infant safety, personal injury, wisconsin personal injury, Wisconsin Personal Injury Attorney
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WebMD’s story about bassinet safety is a little disturbing.
First, Kelley Colihan the author states that “more and more families” are using bassinets but doesn’t give any stats. That fine because the stats she gives later on our shocking.
Between 1990 and 2004 the Consumer Product Safety Commission studied all infant deaths that involved bassinets.
- 85% of infant deaths were the result of suffocation;
- 74% of the bassinets had blankets, pillows, or PLASTIC BAGS in them;
- 37% of the babies had been placed face-down to sleep;
- 50% of the babies were found in their bassinets face down;
- 9% were due to sudden infant death syndrome (SIDS)
- 9 of the infants died because the bassinet had a mechanical problem or weren’t used properly. (I’m assuming a product liability type situation)
I can’t understand why anyone would place a plastic bag in their child’s bassinet. Come on people. A little common sense goes a long way!
I have two young boys. Were were told from day one ‘face up to wake up’ and “face up for safety.’ I also remember getting pamphlets regarding what not to put in a crib, bassinet etc. The simple answer was: Nothing. Don’t put anything in your kid’s crib or bassinet.
Again, just remember use common sense when trying to get your kids to sleep. And certainly don’t put plastic bags in your kids cribs or bassinets!
If there is a mechanical problem with the bassinet or crib give me a call. I’d be happy to discuss whether the bassinet or crib company didn’t use their common sense when they designed it.
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Oconto, Racine, Janesville and Wauwatosa.
Fireworks Without the “Fireworks” June 25, 2008
Posted by Attorney Jonathan Groth in Personal Groth.Tags: fireworks injury, wisconsin personal injury, Wisconsin Personal Injury Attorney
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July 4th is next week. Let’s make is a safe and uneventful 4th.
According to the Consumer Product Safety Commission approximately 10,000 people were injured badly enough to need emergency room care in 2007 because of fireworks. About 64% of those fireworks-related injuries occurred around July 4th.
Hands (2,000), eyes (1,400) and legs (1,200) were the most injured.
I’ve had the fortune of being trained by the Bartolotta Fireworks company of Wisconsin. A few years ago I was the guy setting off fireworks for municipal 4th of July fireworks. Believe me, there are more than enough ways that someone can injured oneself and others. Listen to your common sense when dealing with fireworks.
If you were injured because of a private or municipal fireworks mishap feel free to contact me. I’ll give you my honest opinion on the situation.
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Sheboygan, Jefferson, Beloit and Wauwatosa.
Let There Be Light! June 22, 2008
Posted by Attorney Jonathan Groth in FAQ Personal Injury.Tags: health insurance, medical care, wisconsin personal injury, Wisconsin Personal Injury Attorney
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It is time to shine the light on hospital costs. Medical care pricing is hidden in a shroud of secrecy (even though info is out there you may need a MD and CPA to understand it). Many people don’t really care what a medical procedure costs because “my insurance will pay it.” Remember that employers and individuals pay for insurance. The more health insurance premium’s increase the less likely it is that an employer will hire that next employee.
If you’d like to know the cost of some medical procedures at a local hospital check out Wisconsin’s PricePoint website. You can search by inpatient and outpatient services. Don’t be afraid to shop around. Not all hospitals offer the same quality and price. (As someone who has handled medical malpractice cases I can personally vouch for the quality comment).
This inforamation is great for consumers and invaluable for personal injury attorneys. At-fault insurance companies are always looking to pay as little as possible for what the law says is their responsibility. This information helps personal injury attorneys fight for their clients in proving what a reasonable medical expense actually is.
For more information about the cost of medical care in Wisconsin check out Sunday’s Business section in the Milwaukee Journal Sentinel.
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Wausaukee, Kenosha, Oconto and Wauwatosa.
In A Hazard June 21, 2008
Posted by Attorney Jonathan Groth in FAQ Personal Injury.Tags: golf cart injury, wisconsin personal injury, Wisconsin Personal Injury Attorney
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Sean Gregory of Time Magazine wrote a mini-article in June 30, 2008 issue about golf cart safety. He reduces the “safety” of golf carts to numbers. In 1990 there were 5,772 trips to the emergency room because of golf cart related injuries. In 2006 that number rocketed to 13,411. Common injuries are concussions, fractures and hemorrhages. Golf cart injuries are just documented on Johnny Knoxville’s Jackass anymore. Because of the rise of retirement communities and suburban cul-de-sacs these carts are used now more than ever. Most are battery powered so they cost less than driving your car to the grocery store.
Wisconsin has a proud history of excellent golf. Be careful out there, especially if your riding your cart on a course that I frequent!
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Milwaukee, Racine, Kenosha and Wauwatosa.
Finally Some “Good” News June 14, 2008
Posted by Attorney Jonathan Groth in Personal Groth.Tags: Allstate Insurance, auto accident, wisconsin personal injury, Wisconsin Personal Injury Attorney
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Allstate recently conducted a survey about fatal teen crashes.
The metro area including Milwaukee-Waukesha-West Allis is one of the 10 LEAST deadly teen driving hotspots according to Allstate Insurance and its research foundation. Chicago-Naperville-Joliet, IL also falls in the least deadly category.
There is bad news for Wisconsin vacationers. The Tampa-St. Petersburg-Clearwater area is the greatest “hotspot for fatal teen crashes.”
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Crivitz, Kenosha, Janesville and Wauwatosa.
Hurray for Tony Staskunas of West Allis, WI. June 12, 2008
Posted by Attorney Jonathan Groth in FAQ Personal Injury, Personal Groth.Tags: Drunk Drivers, wisconsin personal injury
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I like Tony. He was opposing counsel in an estate dispute a number of years ago. He is one of Wisconsin’s Legislators that has a “full time” job besides his job representing West Allis and surrounding areas in Madison.
But now I like him even more. He is one of 5 Wisconsin Legislators who have proposed making 1st time drunk drivers subject to an interlock device. An ignition interlock system makes a driver blow into a tube to check their blood alcohol content before they are able to drive. Good job Tony Staskunas.
I hope that the drunk drivers are the ones that pay for these devices and NOT the rest of us.
The Milwaukee Journal Sentinel states that he proposes that the maker of the interlock systems be forced to set up a fund to pay for the drivers who can’t pay for it themselves. Why penalize the makers of the companies? The drivers should be the ones penalized. Again, why not put them in prison or work release (working somewhere where they don’t have to drive obviously) until they pay for the interlock system. When they pay for it they can join the rest of free society.
Just my two cents.
Since I’ve Written So Much On Drunk Drivers… June 12, 2008
Posted by Attorney Jonathan Groth in Personal Groth.Tags: Drunk Driving, restitution, wisconsin personal injury
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I might as well write about the other side of the coin. The victims. In particular, compensation. Compensation for injuries comes from two main areas, insurance companies for the at fault party (or uninsured motorist coverage which stands in the shoes of the at fault party) and restitution (i.e. the criminal courts). I wrote an article recently about Restitution for victims of drunken driving collisions. Here’s a section from it:
In Wisconsin a few years ago, 326 people died and 6,221 were injured in alcohol-related traffic crashes. Approximately 42 percent of all fatal crashes in Wisconsin involved alcohol. Helping the victims of drunk drivers involves knowledge of civil and criminal procedure. With restitution you may be able to obtain companesation for medical bills, wage loss, mileage and other “certain” damages well in advance of a civil settlement or trial.
WIS. STATS. 973.20
A judge imposing sentence is required to order full or partial restitution unless he finds a “substantial reason not to do so.” Trial courts should be liberal in finding whether an injury relates to a defendant’s conduct. A trial court may “take a defendant’s entire course of conduct into consideration” including “all facts and reasonable inferences concerning the defendant’s activity related to the “crime” for which [he] was convicted, not just those facts necessary to support the elements of the crime.
The causal link for restitution purposes is met “when the defendant’s criminal act set into motion events that resulted in teh damage or injury.” Where the crime results in personal injury, the restitution order may include all “special damages.” (e.g. medical and related expenses, physical therapy, and mental health care, lost income, and reasonable out of pocket expenses).
I’ll talk more about this in later posts. I think it’s important for victims and attorneys of victims to remember all of the avenues to compensate those injured by drunk drivers.
On My Way Here I Was In An Auto Accident… June 9, 2008
Posted by Attorney Jonathan Groth in FAQ Personal Injury.Tags: co-counsel, personal injury, referrals, wisconsin personal injury
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Many years ago (kind of like: long, long ago in a galaxy far, far away) I was a general practice lawyer. That means that I did it all. I drafted wills, closed real estate deals, reviewed corporate papers and the like. Luckily, back then I still concentrated on lawsuits related to all of these things. So, I’d be the attorney the firm would send when Jim (73) was sued by his brother Tom(71) because their mother (95) passed away without a will and her clothes had to be equally divided (I actually handled a case very similar to that scenario). Anyway, I digress.
My point is that many times someone will have a “family lawyer” that handles certain things like a will. That lawyer will hear, “On my way here, to sign the will you drafted, I was involved in an auto accident. Can you help me out?” That person then wonders why the attorneys says “No” and referrs them to another lawyer. They thought that the family lawyer was just that a “lawyer.” Don’t lawyers go to court and handle auto accidents, dog bites, wills, bankruptcies etc.
The easy answer is “No.” I’ve been lucky enough to have received a great number of referrals over the past few years from lawyers who don’t concentrate on personal injury matters. Motorcycle and auto accident laws are unique. Helping someone who suffers from lifelong scars from a dog bite and other serious injuries is pretty specialized.
When I was a general practice litigator I would refer specialized cases to attorneys who only practiced in these areas of the law, I remember one of my high school teachers would say “Jack of all trades, master of none.” That applies to lawyers too.
Don’t feel put out when your lawyer refers you to another attorney. She/he is doing what is in your best interest. Don’t be surprised when you come to me wanting a will drafted and I refer you to right back to your family lawyer. I’m a litigator now. Remember, I drafted wills long, long ago in a galaxy far, far away.
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Wausaukee, Kenosha, Oconto and Wauwatosa.
What If Mom’s At Fault? June 5, 2008
Posted by Attorney Jonathan Groth in FAQ Personal Injury.Tags: child injury, minor settlement, motor vehicle collision, wisconsin personal injury, Wisconsin Personal Injury Attorney
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I’ve had some questions recently about this particular situation. Let’s say a mother (or father) is driving their kids to baseball practice. If Mom (or Dad) forgets to stop at a stop sign and causes a motor vehicle collision what about the kids? What rights do the kids have? Well, if the parents have auto insurance the children have the right to compensation, under Wisconsin Law, from the at fault insurance company, i.e. their parent’s insurance. In essence, the children would make a claim against their parents. If Mom’s (or Dad’s) insurance isn’t reasonable and doesn’t follow Wisconsin Law then the children would have the right to sue their parents and the insurance company.
Sound a little complex and confusing? Not really. Feel free to email me or call and I’ll be happy to explain it to you in more detail.
If you are worried about actually suing a parent. Remember that Wisconsin is a “direct action state” the kids would not have to name the parents in the lawsuit. They would simply seek compensation from the insurance company.
Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Milwaukee, Racine, Kenosha and Wauwatosa.
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