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Why do you have to order medical records and bills? April 26, 2008

Posted by Attorney Jonathan Groth in FAQ Personal Injury.
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I hear this question quite often.  It’s ususally followed by, “Why can’t I just go to my doctor’s office and get them.” 

Honestly, you can.  I’ve had clients get their own medical records.  But, I only recommend a client get their own medical records with our help.  Why?  Because we always ask for “certified” medical records. 

Certified medical records are needed if you go to trial.  So, instead of ordering “regular” medical records (and getting charged for them) and then having to order “certified” records later on (and getting charged for them), we just ask for certified records right away.  

Personal injury attorneys pay the costs of these records.  We only get paid back for these costs if we recover compensation for the injured victim.  We don’t charge interest on these costs.

Personal injury law is all I do.  I’ve found this is the best way to make sure we know about your injuries in order to get full compensation AND to streamline your case so this compensation is obtained as soon as possible.

www.jonpgroth.com

Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Milton, Oconto, Sturgeon Bay and Jefferson.

What Is My Personal Injury Case Worth? April 15, 2008

Posted by Attorney Jonathan Groth in FAQ Personal Injury.
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This is one of the most commonly asked questions from victims of car accidents, motorcycle accidents or other personal injury matters.  Many times after trying to handle a case on their own someone will come to me and tell me what their health insurance paid, their wage loss and out of pocket expenses and say the insurance company wants to settle but they don’t know what the case is worth. 

My most common answer is an honest one: I need more information.   You see, we have to look at what the law says must be used to measure the losses associated with a car accident, for example.   In Wisconsin the law says that if someone causes a collision then he/she is responsible for all damages by paying a fair amount of money.   An accident victim must receive compensation for 1)past medical expenses, 2) past wage loss, 3) past pain suffering and inconvenience and other miscellaneousexpenses like mileage and damaged property.  If the injuries are more serious (permanent injuries) then Wisconsin law states that the accident victim must receive compensation for 1,2 and 3 along with 4) future medical expenses, 5) future wage loss and 6) future pain suffering and inconvenience etc. 

When potential clients ask what their case is worth it is difficult to give an education opinion.  It depends on the injuries, types of treatment, duration of treatment, venue and other more personal questions.  

For example, many personal injury victims don’t think to include mileage.  Or victims include only what health insurance paid and NOT the actual medical bill from the medical provider.  These items can often total large amounts of money that will change the compensation they are due under Wisconsin law.

I always tell potential clients that there is not an easy answer to this question.  I can say that I’ll do my best to make sure that they receive full compensation under the laws of Wisconsin.    

Later on I’ll talk about the difference between pre-suit settlement negotiations and a lawsuit.  In short, just because you hire a lawyer that does NOT mean that you have “filed a lawsuit.”  Actually the opposite is true.  Hopefully, by hiring a lawyer you’ll avoid going to court to get compensation for your personal injuries.

www.jonpgroth.com

Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Waukesha, Milwaukee, Two Rivers, Oconto and Saukville.

Most Dangerous Roads (Follow Up) April 4, 2008

Posted by Attorney Jonathan Groth in FAQ Personal Injury.
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I wish I could tell you to avoid “such and such” road if you don’t want to become the victim in a personal injury matter.   Collisions can happen anywhere.  A few days ago I mentioned a discussion of the “most dangerous roads” in Wisconsin.  Well, I could not find that information.  I did find a report from the Department of Motor Vehicles discussing which types of roads are dangerous and when most crashes occur.  Email me if you’d like more info. 

 In 2006 the most injuries and fatalities occurred in May, June and July.  The most fatalities occurred in July. 

 I’d avoid driving around bar time in Wisconsin.  The most fatalities occur between 1am and 2am.   I’m not surprised (I handle a great number of perosonal injury cases where the victim was injured because of a drunk driver). 

The greatest number of collisions occured on Non-Intersection locations.  Almost three times as many fatalities occurred on Non-Intersections when compared to Intersections. 

As an FYI, there were approximately 16,450 motor vehicle collisions in Milwaukee County in 2006, 1096 in Sheboygan and 3,643 in Waukesha.   Marinette County had only 316 and Rock (Janesville and Beloit) had 1784.

The moral of the story:  Don’t drink and drive and be careful no matter where you are driving.

www.jonpgroth.com

Why doesn’t the Insurance Company for the person that caused the accident pay my bills as I incur them? April 2, 2008

Posted by Attorney Jonathan Groth in FAQ Personal Injury.
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The short answer is that the insurance company doesn’t want to part with their money unless they have to.  Let me try to explain: 

When someone is involved in a car accident, slip and fall, dog bite or other personal injury matter there are a few questions that I am asked almost every time.  Let’s assume I received a call from a client who was in an auto accident.  The client tells me that they went to the hospital and the bills were submitted to the at-fault party’s insurance but weren’t paid.  Why?  It’s there fault.  Why submit the bills to the at-fault party’s insurance if they won’t pay them right away?  They are responsible, they said so at the scene of the collision. 

 Well, I agree with the idea behind all of these questions.  Ideally, the at-fault party would pay the bills as they are incurred.  The hospitals get their money right away and the victim’s credit doesn’t get ruined.  However my experience has shown that insurance companies won’t pay until they have a guarantee that the victim won’t ask for more money later (they also don’t want to pay hoping you’ll go away and not want to deal with the hastle of the insurance company run-around).  

So, when it is time to settle a personal injury claim, you need to make sure your attorney doesn’t leave any stone unturned.  In Wisconsin, you have the right to compensation for past pain and suffering, medical expenses, mileage to the doctor, past lost wages along with future pain and suffering, future loss of earnings capacity and future medical expenses. 

 So, how do you keep the bill collectors at bay while you recover from your injury?  Give me a call or email me and I’ll be happy to discuss this with you.  The quick answer is make sure you have health insurance, auto insurance and contact a personal injury attorney. 

Remember this, if you are hurt please go to a doctor.  Get help.   The most important thing is for you, the victim, to get better.

www.jonpgroth.com

Protecting Children April 2, 2008

Posted by Attorney Jonathan Groth in Personal Groth.
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The Groth family recently had a scare.  James the “splendid red engine” was sick.  Turns out he had lead poisoning and we had to send him to the “hospital” to get checked out.  My son was upset.  Very upset.  He loves his trains and he really loves James the Train (it has a button you can push to make him whistle and “peep”).This story is probably not news to anyone with small kids.  There have been problems with lead paint on childrens’ toys and chemicals in toothpaste.   The news has mostly been about Chinese manufacturers.  But, thanks to the Journal Sentinel we now know that our very own EPA has been passing the buck: 

Journal Sentinel Investigation Into EPA
Investigation shows EPA is no longer doing it’s job to protect childrenA Milwaukee Journal Sentinel investigation into the EPA has led to an alarming discovery. According to the investigation, the EPA no longer evaluates the chemical compounds found in products designed for children, instead relying upon the companies who manufacture the chemicals to provide information about their products’ potential dangers. Click here for the full story…

Like Thomas the Tank Engine says “safety is our first concern.”  As a personal injury attorney I have a lower threshold for harmful things.  Thankfully we have private organizations and some responsible watchdog groups to help parents look out for the safety of their kids.

Outrageous Drunk Driver Caused Personal Injuries March 29, 2008

Posted by Attorney Jonathan Groth in Personal Groth.
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Recently Mike Nichols of the Milwaukee Journal Sentinel called me about my client who was recently severely injured in an auto accident in Waukesha, WI.  I shouldn’t use the word accident because the drunk driver that caused the collision must have known that terrible things would happen if he drove drunk again.  As you’ll read he’s a habitual offender.  Mike and I ask the same question:  Why wasn’t this drunk driver in prison months/years ago?

Oddity in Law Benefits Repeat Traffic Offender
An article by Mike Nichols as it appeared in the Milwaukee Journal-Sentinel on January 18, 2008.

The last thing 24-year-old Timothy Thompson remembers was driving north past the Hummer dealership near Milwaukee’s Good Hope Road on Highway 41/45, he told police.It was almost midnight on Jan. 8, and he was on his way to Fond du Lac to visit a friend.Next thing he knew, his windshield was smashed, the air bag had gone off, a woman was asking him if he was all right and paramedics were cutting his sweatshirt off. And he was, to borrow a phrase he used while being interviewed by an officer at Froedtert Hospital after a head-on collision with a guy prosecutors believe was going the wrong way, “freezing” his “ass off.”

Among his injuries: a fractured right hand, a broken left arm, a broken jaw that would need to be wired, two injured ankles and a neck injury.

Lucky to be alive, he had no idea what or who had hit him.

The answer, according to police and a criminal complaint:

John D. Cimermancic – a 25-year-old Richfield man with a traffic record nearly as lengthy as the miles-long stretch of northbound highway on which he, police and prosecutors allege, drunkenly traveled south.

Waukesha County prosecutors have charged Cimermancic with a felony, intoxicated use of a vehicle causing great bodily harm, and two misdemeanors: second offense drunken driving and operating a vehicle after revocation for the third time.

What they didn’t note in the criminal complaint – and may not even know because of an oddity of Wisconsin law – is this:

According to records from various county circuit courts and the Wisconsin Department of Transportation, Cimermancic has actually been charged with either operating after revocation or operating while his license was suspended a total of 22 times – an impressive number for a guy who turns only 26 today and has spent a long stretch living outside the state.

At least 18 of those cases – some of which were violations of municipal ordinances, some violations of state statutes – resulted in convictions. And that doesn’t even begin to count all the other citations he has received.

It’s unclear if the Waukesha prosecutor who has charged Cimermancic for the Jan. 8 incident is aware of the background because he didn’t return a call.

But it would make sense if he isn’t. With the exception of alcohol-related offenses, the Department of Transportation reports traffic convictions for only the last five years. And state law makes it clear that only offenses within that period are relevant for judges.

Lucky for Cimermancic.

Free on $1,500 bail, he hasn’t entered a plea yet. His attorney, Dan Fay, defended him in an interview by questioning whether he was the one who was driving the wrong way Jan. 8.

Jonathan Groth, Thompson’s attorney, responded with astonishment in his voice.

“My guy,” he said, “was sober as can be.”

Groth noted that Cimermancic has “one hell of a record” and added that it is “more than a little shocking” he could still have been on the road on the night of the crash – a night, Thompson told police, he never even saw Cimermancic coming.

Shouldn’t – given the long history – somebody have?