Posted by rozeklawoffice on May 10, 2010 under General | 
The legal term “subrogation” refers to the health insurance carrier’s right to get reimbursed for payments they made for an injured person’s health care, when that injured person recovers money from a third party.
The rationale behind subrogation is that if an injured person is allowed to recover all of his/her health care expenses from the at-fault insurance company, but those bills have already been paid by the injured person’s health insurance carrier, they are getting paid twice for the medical bills incurred in the accident, once by the at-fault insurance company and once by their health insurance company via payment of the medical bills.
Many states do not allow reimbursement to the health insurance carrier from injury victim’s settlements; however, Wisconsin law allows it. I strongly disagree with the concept that the health insurance be reimbursed. After all, why do we pay health insurance premiums? Wouldn’t this process just make the original payment by the health insurer a loan to the customer?
Luckily, there is an exception to subrogation in Wisconsin. If the injured person has not been made 100% whole from the settlement with the at-fault insurance company or from a jury verdict, then the health insurance company gets nothing. A good Wisconsin Personal Injury Attorney will be able to get the subrogated health insurance carriers to take substantial reductions with the promise that they will receive nothing if the judge is convinced that the client did not recover 100% of their damages. These reductions always result in more recovery for the injury victim.
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For more information on Wisconsin Personal Injury Claims
Posted by rozeklawoffice on May 7, 2010 under General |
Wisconsin Recall— Due to a strand of E. coli bacteria found in one of the bags earlier this week, Freshway Foods has issued a recall of its bagged, shredded romaine lettuce . Freshway salad with use by dates later than May 12 are not affected by the recall, nor are bulk or prepackaged romaine lettuce or bagged salad mixes using romaine.
The FDA is warning consumers to be careful of “grab-and-go” salads that contain romaine sold at in-store salad bars and delis.
To date, 19 people have gotten sick from the contaminated lettuce. Most incidents have occurred in the Northeast and Midwest- Wisconsin included.
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If you have gotten severely ill and believe it is due to the romaine lettuce, please contact an experienced Wisconsin Product Liability Attorney.
Posted by rozeklawoffice on May 6, 2010 under General, Personal Injury Cases |
The process of a Wisconsin personal injury case can be lengthy with many important decisions along the way. To get the best possible recovery for your injury, we recommend that you work with an experienced Wisconsin Personal Injury Attorney who can guide you through the legal process. To help you understand the process, we will attempt to summarize the 7 general phases of a Wisconsin personal injury case.
I. Determine If There Is A Case: Immediately after signing up a case, a personal injury attorney begins an investigation to determine who is at fault, whether or not there were any injuries caused by the accident, and what insurance is available for recovery. The attorney may hire an accident investigator to examine the vehicle, premises, and scene to take photos of the evidence and interview any witnesses. The attorney will also order all medical records associated with the injury victim including records from before the accident, the EMS reports, and records from the first and subsequent doctor visits. Pre-existing conditions are fully explored to determine if the new injury is an aggravation of an existing injury. The attorney will also request and then examine insurance coverage documentation for 1. the at fault parties including the owner of the vehicle, driver, and employer and 2. all possible coverage that may be available to the injury victim such as uninsured motorist coverage, health insurance, PIP, and medical payment’s coverage.
II. Compile and Send A Demand Package: Once the attorney has determined that there is a claim, a demand package is prepared. The package can consist of the following documents: crash report, photos of the vehicle/accident scene, property damage report, EMS report, ER records, doctor reports, diagnostic tests, medical bills, prior medical records, final medical evaluation, expert witness reports, witness statements, evaluation of future medical expenses, and an evaluation of loss of future earning capacity. The package is introduced by a letter from the attorney which summarizes all the information and states the “demand” to the insurance company that they pay a certain amount of money within a certain period of time.
III. Conduct Negotiations: After the insurance company receives and reviews the demand package, it will make an initial offer to settle the case. In the instances where the offer is the maximum limit of coverage, typically the client and attorney will decide to accept it. Other times, when the offer is much less than the client and attorney believe the recovery should be, negotiations begin. Offers can continue for many rounds until either the offer is accepted by the client or a lawsuit is filed. It is important to understand that there are advantages to settling claim before a lawsuit is filed. Advantages include lower attorney fees, lower case costs, quick availability of cash, less stress, and a guaranteed outcome.
IV. File A Lawsuit: If the highest offer made by the insurance company is rejected, the next phase in the personal injury claim process is to serve a complaint (i.e. file a lawsuit). The attorney will file the complaint on the people who they believe are legally at fault for the accident and injuries. In Wisconsin, there can be more than one person that is deemed legally at fault and more than one person can contribute to causing the accident. Each person believed to be at fault is served with the complaint. Once the lawsuit is filed, the attorneys proceed with interrogatories, requests for records, depositions, and motions.
V. Conduct Mediation: Mediation is when both sides come together with a mediator (usually a retired judge) to try and settle the case without going to a courtroom. Each side gets time to explain the case as they know it and present any exhibits. Then each side goes into separate rooms while a mediator goes back and forth between the parties attempting to reach a settlement. If a settlement is reached, the insurance company will usually cut a check within 2-3 weeks and the lawsuit is dropped.
VI. Conduct a Trial: If a settlement was not reached in mediation, a date for trial is set. A jury will be picked to determine who was at fault and how much money, if any, is to be awarded. Trials can last anywhere from a few days to a few weeks depending on how many witnesses are put on the stand.
VII. Administer An Appeal: The insurance company always has the right to appeal the verdict or rulings of the judge. Appeals can take years to resolve. If an appellate court judge orders a new trial, the process is started over.
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For more information on the Wisconsin Personal Injury Process.
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Posted by rozeklawoffice on May 1, 2010 under General |
Wisconsin recently enacted a set of laws that make changes to your auto insurance coverage. Beginning June 1, 1010, Wisconsin will join 48 other sates that require all auto owners to carry insurance on each of their vehicles. Below is a summary of the insurance you are required to carry if you own and operate a car in the State of Wisconsin.
Bodily Liability Insurance: If you are in a car accident and cause injury to the other car’s passengers or injury to passengers in your own car, then this coverage would cover those expenses, up to a certain amount. Typical expenses covered include the other person’s medical expenses, lost wages, pain and suffering. The coverage only kicks in if you are determined to be more at fault than the other person who suffers the injury. As of January 1, 2010, you are required to carry a minimum liability coverage of $50,000 per persona or $100,000 per accident.
Property Damage Liability Insurance: If you are in an accident and cause damage to the other person’s property (typically their car, but could include other physical property) then this coverage would cover the repair expenses of the other person’s vehicle, up to a certain amount. Typical expenses include vehicle damage, bicycles, homes, and other physical property). This coverage does not apply to the damages that occur to the vehicle you were driving. As of January 1, 2010, the minimum coverage you must purchase is $15,000.
Underinsured Motorist Coverage: If you are in a car accident, a bicycle accident, pedestrian accident caused by the other driver, you have suffered an injury, and the accident was caused by someone who did not have enough insurance to cover your medical bills and other injury related expenses,then your Underinsured Motorist Coverage will cover these expenses. As of November 1, 2009, the coverage became mandatory in the amount of $100,000 per person and $300,000 per accident. This is a new type of required insurance for State of Wisconsin drivers.
Uninsured Motorist Coverage: If you are in an accident, caused by the other driver, you or someone in your car is injured, and the other driver does not have auto insurance, this coverage would pay for everything that your own auto insurance would. Typical expenses include medical expenses, lost wages, pain and suffering. This coverage will even apply if you are riding in someone else’s car, riding a bike, or walking. Many times, it also applies if you are involved in a hit and run, caused by the other driver, and the other driver can not be identified. As of November 1, 2009, the amount of coverage your are required to carry increased to $100,000 per person or $300,000 per accident.
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If you believe that your insurance company is not treating you fairly by denying you coverage after a car accident, we encourage you to contact an experienced Wisconsin Car Accident Attorney who can review the specific details of your accident and policy.
You can also contact a Milwaukee Car Accident Attorney for your free copy of the Wisconsin Association for Justice Brochure email info@rozeklaw.com or call 1-888-ALAWYER.
