Posted by rozeklawoffice on March 16, 2010 under Drunk Driving, Personal Injury Cases | 
Our office was recently contacted by a woman who lives in Door County, Wisconsin. In September 2008, this woman was driving home at 10:25 pm and was struck head on by another vehicle. Once the police arrived, it was revealed that the driver of the other vehicle was intoxicated with a .31 blood alcohol level AND her 4 year old child was in the car.
The women who was hit head on was severely injured. Her entire left forearm was broken and her right knee cap was shattered. She was forced to quit her job due to the injuries and has not able to do just about any activity until recently. Her last surgery was preformed in early 2009, however, she is still receiving treatment. It is most likely that she will need a knee replacement in the future and the metal in her arm may never be removed. She hurts everyday.
Prior to getting behind the wheel, the intoxicated driver was at a local tavern and was clearly over served.
Also, the intoxicated driver was uninsured with no assets. The victim only had $50,000 of uninsured motorist coverage. Therefore, the only way for the injured women to get her medical bills paid would be to file a law suit., and since the intoxicated driver did not have insurance, the injury victim would need to sue the tavern for over serving a patron.
Unlike many other states that allow for a claim to be filed against a bar owner for negligent behavior (over serving a customer), Wisconsin is one of the few states without Dram Shop Liability. Pursuant to Sec. 125.035 Wisconsin Statutes, bars are not held responsible for over-serving customers who later crash and injure another person.
This Wisconsin law unfairly burdens the taxpayers, through government assistance programs and the health care system, to pay millions of dollars in unpaid medical bills that could and more importantly SHOULD be paid by bar owners insurance for negligently over serving its patrons.
For more information on Wisconsin Law and Drunk Driving
Posted by rozeklawoffice on March 12, 2010 under Personal Injury Cases, Wisconsin Law |
The most important decision you must make following a personal injury is choosing your lawyer. Finding the right Wisconsin Personal Injury Lawyer for your case can be a daunting task and it is hard work. It should not be taken lightly, especially in Wisconsin, because the law here makes it very difficult to fire your lawyer and find a new one to take over your case.
The key to finding the right lawyer for your case is to develop an organized system to assist you and to stick to that system. The following 5 steps will help you in your decision-making process.
1. Determine the Type of Case You Have
In order to know what type of lawyer you need, you must know what type of case you have. For example, if you are injured on the job, then you likely need a worker’s compensation lawyer. If you are injured in an accident with a semi-truck, then you need a lawyer with experience handling truck accidents. The Internet is a great resource for general information.
2. Identify the Type of Injury You Have
Research your particular injury. Personal injury lawyers insist on running generic, catch-all ads, instead of focusing their ads on particular injuries. Many “run-of-the-mill” personal injury lawyers believe they can make more money by handling every injury case that comes in the door. While almost all personal injury lawyers have experience handling neck and back injuries, most personal injury lawyers do not have experience with more specialized injuries, like traumatic brain injuries, spinal cord injuries, RSD, amputations, scars, etc.
Instead of handling all types of injury claims, many highly successful personal injury lawyers limit their practice to specific types of injuries. This allows them to better focus their time. They are not learning new medicine for every case. They are very comfortable with the best experts in the fields of medicine in which they practice and they are not intimidated when faced with medical experts that have been retained by the insurance companies to say that their client was not injured. As a result, they are in a much better position to obtain the appropriate amount of damages for their clients with those particular types of injuries because they have a better idea as to the amount a jury may award for these kinds of injuries.
3. Search for Names of Potential Lawyers
Once you know what type of case you have and what type of injury you have, you can start searching for lawyers that have experience in those types of cases with those types of injuries. Again, the Internet is a great resource. The Yellow Pages may also be of benefit, however, not as much help just because there is a limited amount of information that can fit on one or two pages. Television is even less helpful, because of the time limit on the ads.
Once you have your list of possible lawyers, you should do the following:
- Read their particular websites closely
- Check out the organizations to which they belong. They may belong to particular organizations that deal with your particular case or your particular injury
- Ask around. The majority of quality personal injury lawyers get most of their cases from referrals.
4. Call and Request Written Material From the Lawyer
It is absolutely critical that you choose the right lawyer the first time in Wisconsin. You obviously have the option of calling the lawyer and setting up an appointment, however, if you first get written material from the lawyer, then you cannot be pressured into signing something you may later regret. You will be able to first read the lawyer’s educational materials and then decide on your own time whether this lawyer is right for you and your case.
If you call a law firm for written materials and instead of politely sending some information they attempt to get you into their office, then beware. If they do not have informative, written materials, or if they are pressuring you to come in and sign a retainer, then they are probably not reputable.
Keep in mind that the ethics rules prevent lawyers from directly contacting you in person, by telephone, or by email. If this happens you should report it to the Office of Lawyer Regulation.
5. Set Up an Appointment and Ask Questions
Now that you are comfortable that you have done the necessary background research, it is time to set up a face to face meeting with the lawyer. Think of this meeting as your chance to cross-examine a lawyer. Ask the tough questions and don’t let the lawyer side step around any important questions. If they are competent, they will appreciate your persistence and answer your question much more directly.
So what questions do you ask? Here are some suggestions:
- How long have you been practicing law?
- Have you ever had a case like mine, i.e. auto accident, truck accident, motor cycle accident, slip and fall, products liability, medical malpractice, etc.? How many? How did they turn out?
- Have you ever represented people with my type of injuries before? How did those cases turn out?
- Do you belong to any professional organizations that are pertinent to my case? (Examples include accident or injury-specific groups, such as the American Association for Justice (AAJ) Traumatic Brain Injury Litigation Group, AAJ Interstate Trucking Litigation Group, etc.)
- Have you ever been disciplined by the State Bar of Wisconsin? If so, for what?
- How do you obtain most of your cases?
- How many active cases are you personally handling at the present time?
- What is the most difficult thing about my case?
- What is the process involved in handling my case, i.e. what steps will you go through?
- Who will be working on my case?
- When will my case be ready to be resolved?
- How much money is my case worth? (No lawyer can answer that question with any specificity but you should still ask. If the lawyer does give you a specific number walk, no run out the door).
- How much is your retainer fee and how is it structured?
Hopefully, this post will enable you to make an informed decision in hiring the right lawyer for your Wisconsin Personal Injury case. Click on the link for more information on Choosing a Personal Injury Attorney in Wisconsin.
Posted by rozeklawoffice on February 12, 2010 under Insurance, Personal Injury Cases |
We have all been in the situation of purchasing insurance, trying to read the fine print, ask the right questions, and eventually feel overwhelmed enough to sign on the dotted line. Fortunately for most of us, we never have to make a claim and therefore, never really need to know what is in the fine print. But, be careful. Insurance companies are in business to make money and oftentimes what you think will be covered by your policy, really isn’t.
A recent personal injury case illustrates this insurance coverage deception. A man who had been involved in an accident in a rural part of the state, had to be transferred to the hospital by a “flight for life” helicopter. Although he suffered many injuries, the prompt medical evacuation by helicopter ultimately saved his life.
When submitting medical bills to the insurance company, the med evac bill was denied! Although the policy covered “flight for life” services, the fine print stated that the evacuation had to be pre-authorized, and the service provider (ie., the helicopter) had to be arranged by the insurance company. This virtually means that in this life and death situation, if the man wanted to be sure that his insurance would cover the evacuation service, he would need to lay there injured for hours until the insurance company got pre-authorization and then called a service provided to enter into a contract to pick him up and bring him to the hospital.
Does this make any sense to you?
For more information on insurance company deception and minimization of personal injury claims, order your free copy of a Consumer Guide to Personal Injury Claims in Wisconsin
Posted by rozeklawoffice on January 27, 2010 under Back Injury, General, Personal Injury Cases, Post-Traumatic Headache, RSD | CRPS, Traumatic Brain Injury |
Persistent pain can cause depression or make it worse in those who are already depressed. This is haunting news for those injured in an accident by a negligent party. In my 14 years of representing the injured, I can not express how many times I have witnessed a doctor, insurance agent, defense lawyer and jury member dismiss an injured person’s complaints of pain assuming they were simply signs of prior depression.
It is important for doctors to note, and trial lawyers to point out, which medications are being prescribed specifically for pain due to an injury from the accident, rather than prior diagnosis of depression. Otherwise, it is too easy for defense lawyers, insurance agents, and jurors to identify the treatment with a prior existing condition of depression rather than pain due to a new injury.
There are many types of antidepressant medications that help people with persistent pain (from accident related migraines, headaches, brain injuries, back injuries, RSD, etc.) feel better and function better such as Tricyclic Antidepressants (Amitriptyline, Imipramine, Doxipine) and Serotonin Re-Uptake Inhibitors (Paxil, Effexor, Prozac).
A patient’s doctor can help determine the best type of anti-depressant to help treat the pain and limit side effects. In trial, the individual’s lawyer should highlight the reason that the medication is being prescribed, either for depression, pain, or both.
For more on Post Traumatic Migraines, Post Traumatic Headaches, or Back Injuries.
Tags: anti-depressants and pain, antidepressant medication for pain, chronic pain and depression medication, Chronic pain and depression mendication, Depression and persistent pain, Effexor and pain, medications for pain, meidcation for chronic pain, pain and depression, Prozac and pain, Serotonin Re-Uptake Inhibitor and pain, Tricyclic Antidepressants for pain
Our office was recently contacted by a woman who lives in Door County, Wisconsin. In September 2008, this woman was driving home at 10:25 pm and was struck head on by another vehicle. Once the police arrived, it was revealed that the driver of the other vehicle was intoxicated with a .31 blood alcohol level AND her 4 year old child was in the car.
