Wisconsin Personal Injury Lawyer Blog for Consumers & Wisconsin Attorneys
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| Wisconsin Personal Injury Lawyers Blog Wisconsin Personal Injury Lawyer Blog for Consumers & Wisconsin Attorneys |
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Thursday, January 17, 2008 Allstate guarding profits scheme is the title of an article in the Miami Herald today. Seems pretty consistent with what I've said about insurance companies before. Some highlights: "Allstate is facing contempt charges in Missouri -- with a $25,000-a-day fine -- and now it can't sell new auto policies in Florida, in part, because it wants to protect a report written by a corporate consultant." "According to an attorney who has seen the report from consultant McKinsey & Co., it advises Allstate on how to improve profitability: pay less on claims and take a longer time to pay those claims." No Surprise. CNN exposed Allstate. Sentry Insurance sued an 81-year-old woman for failing to shovel snow. State Farm, Nationwide, Allstate and USAA have been accused of trying to take advantage of Katrina Hurricane victims. And American Family Insurance has extreme profits, denies claims, is pro-tort reform, and pays "when pigs fly.". Wisconsin Personal Injury Attorney Labels: Allstate, American Family, CNN, insurance, lawsuits, Nationwide, Sentry, State Farm, tort reform, USAA, Wisconsin posted by Frank | 4:40 PMWednesday, January 16, 2008 An interesting comment on Wisconsin's business climate, comes from Illinois' Lake County Chamber of Commerce's "Flight of Business to Wisconsin." Wisconsin Personal Injury Lawyer Labels: Wisconsin posted by Frank | 9:02 AMWednesday, December 12, 2007 Kevin O'Keefe, formerly a Wisconsin personal injury attorney who moved west and out to the blogosophere, has an interesting post: Personal injury lawyer blogs going too far? What do you think? Wisconsin Personal Injury Attorney Labels: advertising, car accidents, Wisconsin posted by Frank | 3:28 PMFriday, November 30, 2007 Below are some tips for smart Christmas shopping on the Internet, but let me begin by stating: if it sounds too good to be true, it is. Now the tips:
Wisconsin Personal Injury Lawyer Labels: Consumers posted by Frank | 10:41 AMSunday, October 14, 2007 A $16.8 million jury verdict to a Milwaukee man who was badly injured in a car crash was upheld on Friday by the Wisconsin Supreme Court. I know this may become fodder for those that stand against civil justice (because at the time, the man was 79-years-old, now 84, and the woman causing the crash was volunteering for a Milwaukee Archdiocese Church), but there are several items to keep in mind: 1) The defendant ran a red light; 2) The defendant was fully insured up to $40 million; 3) The victim's injuries included: ~ Amputation of one leg; ~ Quadriplegia, paralysis from the neck down; ~ Loss of bladder control; ~ Loss of bowel function; ~ Inability to feed himself; ~ Required 24-hour care; ~ Losing his part-time job as a barber; and ~ $558,366.06 in medical expenses incurred between the time of the crash and trial. 4) The victim was on Medicaid Title 19 and thus, his care was being paid for by taxpayers. As a result of the jury verdict, Medicaid Title 19 will be paid back for all the medical expenses it paid. 5) This insurance company could have SETTLED for $3 million back in 2004 and made a specific choice not to. So, doesn't this now make sense? Who should be held responsible for this crash the driver's insurer or taxpayers? Don't you think the car insurance company should have settled for $3 million? Think about the above and this man's horrific injuries before you buy into those that cry fowl regarding this Milwaukee jury verdict. For $16.8 million, WOULD YOU GIVE UP A LEG AND ALL BODILY FUNCTIONS FROM THE NECK DOWN? Wisconsin Personal Injury Attorney Labels: car accidents, insurance, lawsuits, lawyers, Milwaukee posted by Frank | 9:19 AMWednesday, August 29, 2007 I previously posted on Wisconsin Doctors ratings and now an outfit called Medical Justice Services, a company that seemingly helps doctors fight medical malpractice claims, has launched a program allegedly aimed a protecting against "online defamation." Perhaps, this outfit has forgotten that if true defamation takes place, doctors have a remedy, it's called the civil justice system. Apparently, the outfit now sells doctors a contract form that doctors can require patients to sign, which forces a patient to notify the doctor of a grievance before going online to post a complaint. What's next? Forcing a patient to notify the doctor of a grievance before complaining to a neighbor or talking to a lawyer. Wisconsin Personal Injury Lawyer Labels: doctors, lawsuits, medical examinations, Wisconsin posted by Frank | 5:11 PMFriday, August 17, 2007 Ex-Insurance Company Commissioner, Herb Denenberg, writes in his August 01, 2007 column, his opinion that Allstate Insurance Company has plead guilty to a six-count indictment alleging it is the leading insurer when it comes to anti-consumer insurance practices. I wrote before on how CNN exposed Allstate and I've never been a fan of Allstate. I wrote too about how Sentry Insurance sued an 81-year-old woman for failing to shovel snow, State Farm, Nationwide, Allstate and USAA being accused of trying to take advantage of Katrina Hurricane victims, and about American Family Insurance. Personally, and this is strictly opinion, I think too that Progressive Insurance has become overly aggressive in fighting legitimate claims. Whatever the case, whether it's Allstate, American Family, Nationwide, Progressive, Sentry, USAA, or another insurance company, this is all consistent with my long held opinion about what insurance companies want: ~ Your premiums but not your claims ~ You not to file lawsuits against them that are valid ~ Voters to think they constantly fight bogus lawsuits ~ Everyone to hate lawyers so they never hire one to get justice ~ People to feel guilty for making legitimate claims ~ You to have guilt so you tell your attorney "I'm not the kind of person who files a lawsuit" ~ Jurors to think a person who files a lawsuit is a sham or dishonest ~ Juries minds made up before evidence is heard ~ Your legal rights minimized or removed ~ Their legal rights maximized and preserved ~ Wrongdoing on their part to go unchecked ~ People to feel juries give money away in a lottery jackpot justice system ~ Verdicts for damages to be far less then what is fair ~ Caps on damages to minimize how much justice a person can get ~ And judges who will avoid holding them accountable Wisconsin Personal Injury Attorney Labels: Allstate, American Family, insurance, lawsuits, Nationwide, Progressive, Sentry, State Farm, tort reform, USAA posted by Frank | 1:49 PMSaturday, August 11, 2007 Wisconsin Sex Offenders, Court & Corporate records were a prior topic, but here's a neat website for viewing maps of registered offenders, seeing their photos, addresses and convictions.  Wisconsin Personal Injury Lawyer posted by Frank | 11:48 AM Wednesday, August 01, 2007 So after just posting on ratemds.com, I reviewed my other posts with the label "medical examinations." One was on Verity Medical, which has now removed the calendar of all the doctors whose opinions are bought by insurance companies and their defense lawyers. I did find something interesting on its refer a case page and that's a Printable Request for Service Form - Liability/No-Fault/Personal Injury. From that form, it appears that the insurer's adjuster or defense attorney can guide the expert physician towards what they would like said. Here are the "specific issues" bullet points: "1. Diagnosis: Please give your impression of the injury or condition claimed as a result of the accident in question. Have the correct diagnoses been made and are they supported by the objective findings? By the way, I don't mean to pick on Verity Medical, there are many companies like this in Wisconsin. Wisconsin Personal Injury Attorney Labels: doctors, medical examinations, Wisconsin posted by Frank | 11:18 AMWisconsin Doctor Ratings at RateMDs.com can assist you in learning others' opinions about Wisconsin doctors. Keep in mind though that those are just random opinions. Wisconsin Medical Malpractice Attorney Labels: doctors, medical examinations, Wisconsin posted by Frank | 11:05 AMSaturday, July 28, 2007 I'm pleased to announce the following two appointments I recently received: City of Brookfield, Wisconsin Mayor Jeffrey Speaker with the approval of Brookfield Aldermen Ron Balzer, Scott A. Berg, Christopher Blackburn, Bill Carnell, Mike Franz, James A. Garvens, Gary D. Mahkorn, Jerry Mellone, Lisa Mellone, Mark Nelson, Rick Owen, Steven V. Ponto, Bob Reddin, and Daniel Sutton, have appointed me to to the City of Brookfield Police & Fire Commission where I will serve with William J. Murgas, Bernard J. Tesmer, Jay D. Rosencrantz, Edward Jurken, Jr., and Alderman Sutton. Also, the Brookfield Central Junior Lancers - Brookfield Youth Football Association Board recently elected me a board member where I will be serving with John Cain, Pat Hawkins, Mark Sorenson, Alan Thiede, Doug Lange and Tracey Pangman. Honestly, beyond having clients' recognition as "Best Attorney", I gain the most pleasure from trying to serve the Milwaukee and Brookfield communities. Wisconsin Personal Injury Lawyer Labels: Best Attorney, charity, Milwaukee, Wisconsin posted by Frank | 11:35 AMWednesday, June 27, 2007 A Washington Post article on Fred Thompson's connection to asbestos interests has driven some to contact me as a result of my last two posts. Tort Deform.com blogs on this and so does Congresspedia on Fred Thompson. My assessment is that though this may be somewhat inconsistent with Thompson's true conservatism, it's not completely as asbestos in Wisconsin and elsewhere is more of a national issue, then say medical malpractice or car accidents. For example, many who were in our U.S. Navy suffer from asbestos related diseases like mesothelioma. This isn't to say that I'm not curious about this, but at the moment it doesn't dissuade me from an interest in Fred Thompson. Wisconsin Personal Injury Attorney Labels: asbestos, lawyers, Wisconsin posted by Frank | 1:48 PMSaturday, June 16, 2007 Thompson, Torts, and True Conservatism is another great article from the Center for a Just Society. See also its outstanding pieces on "Tort Reform": Tort Reform Part I: The Social Purpose of Tort Law Tort Reform Part II: Preserving the Right to Trial by Jury Tort Reform Part III: Who Decides? Tort Reform Part IV: Solutions Depend on Facts not Spin Wisconsin Personal Injury Lawyer Labels: lawsuits, lawyers, tort reform posted by Frank | 11:02 AMThursday, May 31, 2007 Fred Thompson has basically said he's running for President and I'm pretty excited about that. Though I consider myself to be fairly conservative and I've supported certain Republicans in the past. e.g. Senator Richard Shelby of Alabama, I generally fall on the Democratic side of the ticket due to my very strong belief that tort reform is wrong and those without the ability to pay lawyers hourly rates (upwards of $200+ per hour) ought to have the same access to the courts as those with the ability to pay. However, Fred Thompson is a man who generally understands that tort reform is wrong. Here's an article from the National Review ripping Fred Thompson on the issue and here's Fred Thompson's response. For the first time in the last 25+ years, I have a potential Presidential candidate who understands tort issues and recognizes many of the things I written about here before. This is good news. Wisconsin Personal Injury Attorney Labels: tort reform posted by Frank | 1:15 PMMonday, May 14, 2007 The Wisconsin lawyers I know generally try to share the benefits of their practice with charitable groups. This year my firm is sponsoring the Sharon Lynn Wilson Center for the Arts Golf Classic on June 18, 2007 and the Saint Francis Seminary Golf Benefit on July 30, 2007. I hope you are able to join us or at least give to these organizations. Wisconsin Personal Injury Lawyer Labels: charity, lawyers, Wisconsin posted by Frank | 3:38 PMWednesday, April 04, 2007 In Brookfield, Wisconsin, on June 15, 2007, I will be moderating and speaking at Lorman's Litigation Skills for Legal Staff. The seminar is targeted to junior associates, paralegals and legal assistants who perform critical functions related to the maintenance and organization of the case, especially relating to discovery issues. Wisconsin Personal Injury Attorney Labels: lawsuits, lawyers, Wisconsin posted by Frank | 8:59 AMWednesday, February 07, 2007 Days ago I wrote how an insurer sued an 81-year-old for failing to shovel and showed other examples of what insurance companies want: ~ Premiums not claims ~ To deter valid lawsuits ~ People to hate lawyers so they never get one ~ You to feel guilt for making legitimate claims ~ You to think you're "not the kind of person who files a lawsuit" ~ Juries to think a person who files a suit is dishonest ~ Jurors minds made up before evidence is heard ~ Your rights minimized or removed ~ Their rights maximized and preserved ~ People to feel juries give away money ~ Verdicts for damages to be less then what is fair ~ Caps on damages to minimize your justice ~ Judges who will avoid holding them accountable Anderson Cooper's 360 Blog for 2/7/07 is "Insurance companies fight paying billions in claims." CNN investigated "how Allstate handled the claim of one woman, Roxanne Martinez. Her car was hit in Santa Fe, New Mexico. Her medical bills and lost wages added up to $25,000. Allstate offered $15,000 to settle." No surprise. Allstate's one of the worst! See my Personal Injury Attorney in Wisconsin FAQs and you'll see Allstate's Claims Manual has shown personal injury attorneys settle claims for 2.5-3.5 times more than those who do not have lawyers. The Blog goes on: "Martinez's case represents what 10 of the top 12 auto insurance companies are doing to save money. And if you are in a minor impact crash and get hurt, former insurance industry insiders say, insurance companies will most likely try doing the same thing to you: delay handling your claim, deny you were hurt and defend their decision in drawn-out court battles. It's the three Ds: delay, deny and defend." (emphasis added) "Roxanne Martinez didn't take it. She sued (with a lawyer I presume) and a jury awarded her $167,000 dollars." "Allstate is betting you won't wait, you won't sue and you'll take what you get and walk-away." Don't you take it, just get a good personal injury lawyer. Wisconsin Personal Injury Lawyer Labels: Allstate, CNN, insurance, Wisconsin posted by Frank | 7:11 PMFriday, February 02, 2007 Insurance companies never cease to amaze. Today's Milwaukee Journal-Sentinel reports on how Wisconsin insurance company Sentry Insurance is suing an 81-year-old Brookfield woman because Sentry Insurance had to pay worker's compensation to a delivery person injured after falling on ice on the elderly woman's driveway. I've explained about insurance companies paying doctors to dispute claims, denying Katrina victims claims, bullying people, and lying about a litigation explosion in Wisconsin, but Wisconsin-based Sentry Insurance, which in 2005 made $245,484,000.00, filed the case of Sentry Insurance vs. Anne Keipper, Waukesha County Case Number 2007CV000257, before the Honorable Judge Mark Gempeler, all because it had to pay a worker's compensation claim. Sentry Insurance is just another reminder of what insurance companies want. Insurers want to use the system for their benefit, but don't want you too get justice. Insurers hire their lawyers, but don't want you too lawyers. Wisconsin Personal Injury Attorney Labels: insurance, lawsuits, Milwaukee, Sentry posted by Frank | 3:01 PMSunday, January 28, 2007 Paul Bucher shops his letter of the law is in today's Milwaukee Journal Sentinel discussing Attorney Bucher's "ambulance chasing" letters to those running for public office that essentially hold him out as an expert in Wisconsin election law, which I wouldn't doubt. I've commented before on how many Wisconsin personal injury lawyers send letters to car accident victims and on how a ban on such personal injury lawyers accident letters is proposed in New Jersey. This attorney advertising seems more tasteful than those soliciting the injured but I wonder what's next. Bucher's firm, like many other law firms, Gatzke & Ruppelt, practices in many areas of the law. What's next probate lawyers reading obituaries and sending solicitations to families of the deceased? I wonder too if WTMJ 620's blogger turned radio talk show host, Bucher's wife, Jessica McBride, will say anything about the article written by her fellow Journal Communication's co-employee. She recently wrote an article touting her husband's work as Waukesha County's main criminal prosecutor, Bucher never shied away from doing what he thought was right. Wisconsin Personal Injury Lawyer Labels: advertising, Gatzke Ruppelt, lawyers, Paul Bucher posted by Frank | 2:40 PMThursday, December 28, 2006 Milwaukee Magazine Super Lawyers honored me in this month's issue. It's great to get this Rising Star designation, which means Wisconsin lawyers voted me into the top 2.5% of Wisconsin attorneys under age 40. However, I can honestly say my greatest "award" to date is CNI Newspapers readers naming me "Best Attorney." Why? Well, it's great if lawyers know your very good at your job, but I'd rather my clients feel that way. Wisconsin Personal Injury Attorney Labels: Best Attorney, Milwaukee Magazine, Rising Stars, Super Lawyers posted by Frank | 1:05 PMMonday, November 20, 2006 Falls causing injury or death to senior citizens are far too common according to this article from the Washington Times: Accidental falls a leading cause of death over 65. Having handled numerous slip, trip & fall cases involving senior citizens, I was unfortunately well aware of the risk. Many of these cases involved hip fractures that resulted in hospitalization and temporary or permanent nursing home stays as well as permanent disability. Others, sadly involved wrongful death. Wisconsin Personal Injury Lawyer Labels: falls, slips, wrongful death posted by Frank | 12:21 PMWednesday, November 15, 2006 Ran into a Milwaukee criminal lawyer today. His firm handles drunk driving, misdemeanors and felonies in Milwaukee. The lawyer told me his law firm may "start advertising for Milwaukee personal injury cases." Thus, the lawyers there may dabble in Milwaukee personal injury cases even though they have never handled or tried a personal injury case in Milwaukee, in Wisconsin or elsewhere. My strong recommendation is that you be cautious about relying on advertising as a way to find your personal injury lawyer. I strongly advise you to make sure your personal injury attorney is active in the Association of Trial Lawyers of America and the Wisconsin Academy of Trial Lawyers. I recommend that your lawyer is recongnized by Martindale-Hubbell as an AV® rated attorney and that your attorney speak on issues specifically addressing personal injury law. If you find a lawyer meeting these qualifications, then you are well on your way to finding a qualified Wisconsin personal injury lawyer. Wisconsin Personal Injury Attorney Labels: advertising, lawyers, Milwaukee, Wisconsin posted by Frank | 4:47 PMThursday, October 12, 2006 Defense medical examinations are one of the insurance company tactics used to avoid proper payment of a personal injury claim or Wisconsin workers compensation claim. An example of a defense medical examination outfit is Verity Medical, Inc. Read for yourself about its "independent medical examination services", but the bottom line is insurance companies pay doctors and outfits like Verity Medical, Inc. to fight legitimate claims. Like Verity's web page suggests, insurers pay these doctors for disputing a treating doctor's diagnosis, blaming the cause of injury on something other than that an insurer's insured's negligence, claiming injuries were pre-existing, arguing treatment was unnecessary, asserting that an injury is not permanent, etc. Defense medical examiners earn serious money doing this. For example, I was told that Verity Medical, Inc. is charging one personal injury victim $2,300.00 just to take a deposition of a Verity doctor. Who are some of Verity Medical's doctors? Its October-November 2006 schedule includes the following: Appleton / Green Bay / Oshkosh / Neenah, Wisconsin James G. Gmeiner, M.D. – Orthopedic Surgeon/ Spine Specialist Stephen E. Barron, M.D. – Orthopedic Surgeon Steven P. Friedel, M.D. – Orthopedic Surgeon William D. Moore, M.D. – Orthopedic Surgeon William R. Klemme, M.D. – Ortho. Surgeon/Spine Specialist Sridhar V. Vasudevan, M.D. – Physical Medicine & Rehab Paul A. Cederberg, M.D. - Orthopedic Surgeon Michael A. Weiner, M.D. – Plastic/Hand Surgeon James C. Foster, M.D. – Occupational Medicine Michael R. Nordstrom, M.D. – Otolaryngologist/ENT Duluth, Minnesota Stephen E. Barron, M.D. – Orthopedic Surgeon Paul A. Cederberg, M.D. - Orthopedic Surgeon Eau Claire, Wisconsin Michael A. Weiner, M.D. – Plastic/Hand Surgeon Dan M Olson, D.C. – Chiropractor Michael W. Orth, M.D. – Orthopedic Surgeon David A. Solfelt, M.D. – Orthopedic Surgeon Paul L. Liebert, M.D. – Orthopedic Surgeon Thomas W. Schueppert, M.D. – Orthopedic Surgeon Stephen E. Barron, M.D. – Orthopedic Surgeon Hani Matloub/Brad Grunert-Hand Surgery/Psych Paul A. Cederberg, M.D. - Orthopedic Surgeon Kevin J. Kulwicki, M.D. – Orthopedic Surgeon LaCrosse, Wisconsin Drs. Matloub & Grunert – Complex Upper Extremity/Hand Stephen E. Barron, M.D. – Orthopedic Surgeon Paul A. Cederberg, M.D. - Orthopedic Surgeon Madison, Wisconsin Francisco Sanchez, M.D. – Neurosurgeon Stephen E. Barron, M.D. – Orthopedic Surgeon David A. Solfelt, M.D. – Orthopedic Surgeon Randal Wojciehoski, D.O., DPM – Internal/ER Medicine/Podiatry Marc J. Novom, M.D. – Neurologist Paul A. Cederberg, M.D. – Orthopedic Surgeon James C. Foster, M.D. – Occupational Medicine Thomas J. O’Brien, M.D. – Ortho. Surgeon/Spine Specialist Marc J. Novom, M.D. – Neurologist Morris M. Soriano, M.D. – Neurosurgeon Milwaukee, Wisconsin Francisco Sanchez, M.D. – Neurosurgeon Stephen E. Barron, M.D. – Orthopedic Surgeon Thomas J. O’Brien, M.D. – Ortho. Surgeon/Spine Specialist Randal Wojciehoski, D.O., DPM – Internal/ER Medicine/Podiatry James C. Foster, M.D. – Occupational Medicine Timothy S. O’Brien, M.D. – Orthopedic Surgeon Timothy S. Hart, M.D. – Orthopedic/Hand Surgeon Paul A. Cederberg, M.D. – Orthopedic Surgeon Ellen M. O’Brien, M.D. – Orthopedic Surgeon Hardik A. Vashi, D.O. – Physical Medicine & Rehab Michael A. Weiner, M.D. – Plastic/Hand Surgeon Steven P. Friedel, M.D. – Orthopedic Surgeon William D. Moore, M.D. – Orthopedic Surgeon Michael W. Orth, M.D. – Orthopedic Surgeon Thomas J. O’Brien, M.D. – Ortho. Surgeon/Spine Specialist J. Christopher Noonan, M.D. – Ortho. Surgeon/Spine Specialist Plainfield, Wisconsin James C. Foster, M.D. – Occupational Medicine Watertown, Wisconsin Thomas W. Grossman, Jr., M.D. – Orthopedic Surgeon Wausau, Wisconsin Michael A. Weiner, M.D. – Plastic/Hand Surgeon Steven P. Friedel, M.D. – Orthopedic Surgeon William R. Klemme, M.D. – Ortho. Surgeon/Spine Specialist Michael W. Orth, M.D. – Orthopedic Surgeon Paul A. Cederberg, M.D. – Orthopedic Surgeon Thomas W. Schueppert, M.D. – Orthopedic Surgeon William T. Monacci, M.D. – Neurosurgeon David A. Solfelt, M.D. – Orthopedic Surgeon Kevin J. Kulwicki, M.D. – Orthopedic Surgeon Sridhar V. Vasudevan, M.D. – Physical Medicine & Rehab Wisconsin Personal Injury Lawyer Labels: doctors, insurance, medical examinations posted by Frank | 1:20 PMFriday, October 06, 2006 Another lawyer tells me that a salesperson from Findlaw just used my firm in trying to sell its expensive product. Let me just say that Findlaw would have to pay me. This is what I tell all the outfits calling me, I get about 5 calls/week, trying sell me web services - such as the lawyer matching services. Findlaw is just big yellow pages and for lawyers. So if that's what you want lawyers, go ahead and buy lots and lots of internet yellow pages ads. Try these too: www.lawyers.com, www.ilawyerdirectory.com, www.lectlaw.com, www.attorneyfind.com, www.attorneyinternetservices.net, www.alllaw.com, the list is practically infinite. But when I search Findlaw, for example, under "car accident" and "chicago, il" I don't get the lawyers I know should. I'm very familiar with Chicago personal injury lawyers and the best Chicago lawyers, which in my opinion, include Burke, Mahoney & Wise, Clifford Law Offices, and Corboy & Demetrio, don't appear anywhere near the top of the search in Findlaw. Findlaw apparently doesn't care whether internet users are savvy enough to see through its pitch so long as it can keeps finding buyers of its product, lots of lawyers. Wisconsin Personal Injury Lawyer Labels: advertising, Findlaw, lawyers, Wisconsin posted by Frank | 8:19 AMWednesday, September 20, 2006 Bob Dolan and his wife Beth's show has been discussed here before and today the Milwaukee Journal-Sentinel has a nice story discussing the Dolan's success, which I'm very proud to be a small part of. Wisconsin Personal Injury Attorney Labels: advertising, Bob Dolan, Milwaukee posted by Frank | 2:57 PMThursday, September 14, 2006 Wisconsin E. coli outbreak blamed on Spinach News out today, see my firm's web page at E. coli Spinach cases in Wisconsin. Wisconsin E.coli Lawyer Labels: E.coli, Milwaukee, Wisconsin posted by Frank | 8:47 PMWednesday, August 23, 2006 Wisconsin may no longer have the top party school (though UW is "first place for beer drinking") but Milwaukee can now declare itself as America's Drunkest City according to Forbes magazine. No wonder so many Wisconsin car accidents involve alcohol and sadly nearly half of all fatal car accidents in Wisconsin are alcohol-related wrongful deaths. Of course, Milwaukee County accounts for the most alcohol-related deaths in Wisconsin. Wisconsin Personal Injury Attorney Labels: alcohol, car accidents, Milwaukee, Wisconsin, wrongful death posted by Frank | 8:04 AMFriday, August 04, 2006  Bob Dolan is a former client who has since become a personal friend. In Milwaukee, many know him as former host of Weber & Dolan on WISN AM 1130, former sportscaster at WTMJ TV Channel 6, and brother of Milwaukee Archbishop Timothy Dolan.Bob and his wife Beth have produced a travel show for t.v. called "A Husband and Wife Vacation: For Better, For Worse!" that will debut on WISN TV Channel 12 at 11 a.m. tomorrow, Saturday, August 5, 2006. I am proud to be a sponsor of the show and my client testimonial ad (which Bob produced) will air on t.v. for the first time during the show. I encourage those of you in the Milwaukee area to watch. JS Online: Dolan to leave radio for travel TV show OnMilwaukee.com Milwaukee Buzz: Milwaukee Talks: broadcaster Bob Dolan Wisconsin Personal Injury Lawyer Labels: advertising, Bob Dolan, Milwaukee, Wisconsin posted by Frank | 4:21 PMFriday, July 28, 2006 I've expressed my admiration for the Center for a Just Society and it's recent article Are Christian Conservatives Being Bought Off? affirms this. I saw an example of Christians being used in the recent attack on lawyers by a Christian group and conclude that some in Corporate America want to improperly use Christians for their agenda. Contrast that with groups like the Christian Trial Lawyers. Wisconsin Personal Injury Attorney Labels: Christianity, corporate america, insurance, lawsuits, lawyers, tort reform posted by Frank | 12:59 PMSunday, July 16, 2006 Client testimonial ads are now airing on t.v. The wonderful former clients who speak gave their testimonials freely without any compensation. With so many Wisconsin personal injury lawyers to choose from I hope to distinguish my Wisconsin personal injury law firm from the many out there in a way that I did with my recommendation from Bob Dolan. Wisconsin Personal Injury Lawyer Labels: advertising, Bob Dolan, lawyers, Wisconsin posted by Frank | 6:47 PMTuesday, July 11, 2006 Dog bites infant is the headline from Santa Barbara where an 11-month-old was bitten by the family dog (a pit bull mutt). The dog bite to her face is receiving plastic surgery, but the truth is she's lucky to be alive and the dog bite scars will remain. Now I have a dog, he's a 20-lb Cavalier and he's great. So I do appreciate dogs, just not dog bites: So for those seeking a family dog, take advice from insurance companies (note: dog bites are usually covered by homeowner's insurance and a Wisconsin umbrella policy). Some insurers have "blacklisted" breeds based on a propensity to cause dog bites. Allstate is likely not to cover: Akitas, Chows, Dobermans, Huskies, Pit Bulls, Presa Canarios, Rottweilers and Staffordshire Terriers. AIG: Dobermans, Pit Bulls and Rottweilers. Liberty Mutual: Akitas, Alaskan Malamutes, Chows, Dobermans, German Shepherds, Huskies, Pit Bulls, Rottweilers and Staffordshire Terriers. Nationwide: Chows, Dobermans, Pit Bulls, Presa Canarios and Rottweilers. Thus, my suggestion is to avoid the above breeds, especially if you have children and put them away when children visit to avoid some of the most dangerous dog bites. Wisconsin Personal Injury Attorney Labels: AIG, Allstate, dog bites, insurance, lawsuits, Liberty Mutual, Nationwide posted by Frank | 5:16 PMMonday, July 10, 2006 An apparent gas explosion in Door County (WFRV CBS 5's explosion story) raises interesting legal issues involved in burn injury, fire and explosion cases. The Wisconsin case of Garfoot v. Fireman's Fund illustrates the main one, which is the cause and origin of the fire or explosion. In Garfoot, a man was burned after a gas explosion involving a pilot light. During investigation of the explosion, a witness disturbed evidence that would have shown if a gas leak in pipes caused the explosion, fire and burn injuries. Specifically, the witness failed to properly pressure test the liquid propane (LP) system dismantling gas pipes such that these could not be tested. The case shows how extreme care must be exercised in the investigation of fire and explosion accidents whether the cases involve defective pipes or allegations relating to gas control valves, defective gas tanks, machine malfunction or overfilling of propane cylinders. Here's the wiki on fire investigation. Wisconsin Personal Injury Lawyer Labels: explosion, fires, gas, wrongful death posted by Frank | 10:56 AMFriday, June 30, 2006 American Family is a huge Wisconsin car insurance company. I've documented its extreme profits, denial of claims, pro-tort reform position, and pay "when pigs fly" story. I've also given some car insurance advice and discussed Wisconsin uninsured, underinsured and umbrella policies. Fortunately, the Wisconsin Supreme Court has unanimously upheld the rights of those buying underinsured car insurance in Wisconsin in a case where American Family, acting consistent with what I feel is typical insurance practice, refused to pay a claim. Welin v. American Family Ins Co held that Wisconsin insurers cannot define an "underinsured motor vehicle" without considering the amount an injured person actually receives from a third party insurer. For those outside personal injury law, even lawyers, this may be abstract, but it's a victory for car insurance consumers in Wisconsin and is another example, as with giving statements to insurance companies, of why it's wise to consult with personal injury attorneys before accepting an insurance company's position. Wisconsin Personal Injury Attorney Labels: American Family, car accidents, insurance, lawyers posted by Frank | 10:25 AMMonday, June 26, 2006 Warren Buffett is one of my favorite business-finance gurus but his latest action shows why he's a great human being. Buffett is giving away about 85% of his wealth to Bill Gates charitable foundation. That's $30.7 BILLION. Buffett's comment to Fortune on his kids is most interesting: "But I would argue that when your kids have all the advantages anyway, in terms of how they grow up and the opportunities they have for education, including what they learn at home -- I would say it's neither right nor rational to be flooding them with money. In effect, they've had a gigantic headstart in a society that aspires to be a meritocracy. Dynastic mega-wealth would further tilt the playing field that we ought to be trying instead to level."Wisconsin Personal Injury Lawyer Labels: charity posted by Frank | 7:33 AMWednesday, June 21, 2006 SFgate.com has a story on the MySpace.com lawsuit. Per the story, a MySpace.com web page was created, which resulted in a 14-year-old girl meeting a 19-year-old man and the two eventually had "consensual" sex -- except, since the girl is under 17 she can't legally consent to sex in Texas. On a side note, here's a cool graphic from Wikipedia showing international "Age of Consent" laws.  Personally, I'd tell the attorney handling the case, Carl Barry, that his case against MySpace is weak at best and that his press release makes it appear like he's just trying to generate PR. I'll add too that the case for that appears strong given that the lawyer demanded $30,000,000.00 when filing the lawsuit. Myspace doesn't control who surfs the web and has incredibly limited control over who creates web content. Parents, however, control their home computers and their kids' use of those computers and if these events took place through use of a home computer, then her parents are responsible and myspace is not . If this case were here in Wisconsin, it's highly doubtful any Wisconsin jury would find My Space at fault. Wisconsin Personal Injury Attorney posted by Frank | 5:56 PM Wednesday, June 14, 2006 Though I'm a Wisconsin personal injury lawyer, I recognize the overwhelming importance of solid business and finance advice for everyone. From those starting a business, including law firms, to those just investing through their employers 401k. Business and finance gurus are a dime a dozen. You can find them anywhere. Thus, I'd like to recommend to you the following business and finance gurus who are my favorites (in alphabetical order): John Bogle - Investor Warren Buffett - Investor Robert Kiyosaki - Author Jeremy Siegel - Economist Ben Stein - Economist Andrew Tobias - Author Wisconsin Personal Injury Lawyer posted by Frank | 10:52 AM Wednesday, May 24, 2006 My friends at Maryland injury lawyer blog have a solid article on statements to insurance companies. Absent extraordinary circumstances, no insurance company gets a statement from my clients. Why? Because there is generally never any upside to giving one and there is a lot of downside. Thus, my advice is to never ever give any insurance company a written or tape-recorded statement. You know what insurance companies want. Wisconsin Personal Injury Lawyer posted by Frank | 4:36 PM Thursday, May 11, 2006 Wisconsin medical malpractice victims lost out when Gov. Jim Doyle signed the new $750,000 cap on medical malpractice damages. And a new study, “Malpractice Premiums And Physicians’ Income: Perceptions Of A Crisis Conflict With Empirical Evidence,” published in Health Affairs finds as follows according to the Center for Justice & Democracy: "~ From 1970-2000, premiums increased only slightly. In 2000, premiums were lower than in 1986. From 1986-2000, there was a sizable decline in premiums while other expenses surged. ~ The decrease in premiums as a percentage of total expenses between 1986 and 2000 was attributable to a decline in premiums combined with increased spending for other practice expenses. ~ 'For the specialties, premiums also decreased as a percentage of total expenses from 1986 to 2000—most notably for OB/GYN, for which premiums declined from 20 percent to 13 percent. OB/GYN premiums decreased $487 per year, while total practice expenses increased $5,305 per year.' ~ 'National trends were reflected in the nine regions with slight variations… In no region were premiums as a percentage of total expenses more than three percentage points higher than the national mean during any year.' ~ 'Although premiums rose from 1996 to 2000, practice revenue declined nationally and for specialties (except for OB/GYN). It was revenue decline and increases in nonpremium expenses, not premium increases, that account for the overwhelming share of falling income. For OB/ GYN, revenue increased slightly, but income declined because of large increases in practice expenses. However, increases in premiums were less than one-twentieth the size of increases.' ~The average physician income in 2003 was still between the ninety-fifth and ninety-ninth percentiles for all Americans." Wisconsin Medical Malpractice Attorney posted by Frank | 2:38 PM Tuesday, May 02, 2006 Readers know what insurance companies want, as if insurers' Katrina issues weren't enough, and now comes a new book exposing more of the truth I tell, but this time it's all about Allstate. Allstate looks even worse than I had thought, which is saying a lot, based on the current issue of Businessweek's In Tough Hands At Allstate. The article discusses the new book From Good Hands to Boxing Gloves and describes how Allstate has fought to censure the book's publication and has blantantly violated court orders in doing so. Certainly, the article is an interesting read for those wanting to learn about how insurance companies handle personal injury claims. It's interesting too that Allstate's Claims Manual has expressly stated that those represented by personal injury lawyers settle claims for 2.5-3.5 times more than those who do not have personal injury attorneys. Wisconsin Personal Injury Attorney posted by Frank | 3:14 PM Monday, May 01, 2006 Study the Christian Coalition of Alabama and Center for a Just Society websites and you will see common ground. CCA's mission states: "We believe that people of faith have a right and a responsibility to be involved in the world around them. That involvement includes social, community and political action." CJS's begins "Our mission is to advance and defend Judeo-Christian principles of human dignity and social justice in law, policy and the public square. " So what is CCA doing running misguided anti-trial lawyer ads that fly in the face of justice? Read CJS's article. The quote I like states: "Stereotyping all trial lawyers as the puppet masters of the liberal agenda in order to raise funds while simultaneously depending on trial lawyers to overturn Roe v. Wade and protect religious freedom smacks of sheer demagoguery." Wisconsin Personal Injury Lawyer posted by Frank | 12:01 PM Monday, April 17, 2006 In my Wisconsin car insurance post I was not adamant enough in stating that you need to have an endorsement specially added to your Umbrella policy that makes the umbrella cover Uninsured and Underinsured motorists. Wisconsin Personal Injury Attorney posted by Frank | 5:00 PM Saturday, April 15, 2006 In addition to giving the advice I just posted on, I also make strong recommendations on car insurance in Wisconsin. Put briefly, most people must have at least: $250,000 in Uninsured Motorist Coverage (“UM”); $250,000 in Underinsured Motorist Coverage (“UIM”); and $250,000 in Liability Coverage. Wisconsin insurance companies also offer “umbrella” insurance and I HIGHLY recommend to those considering themselves to be UPPER MIDDLE CLASS folks: $1,000,000 in Umbrella coverage WITH an INSURANCE RIDER for - $1,000,000 in Uninsured & Underinsured coverage. The $1,000,000 in UM/UIM COVERAGE is key to protect you and your family. Wisconsin Personal Injury Lawyer posted by Frank | 2:53 PM Friday, April 14, 2006 Personal injury settlements and verdicts are all our justice system has to give victims of wrongful death, malpractice, mesothelioma, etc. and when victims receive what can be a significant sum of money, it's too easy to spend it. Sadly, I recently learned of a person who received more than million-dollars and spent it in less than 2 years! This recent article has good advice for such individuals as does this Andrew Tobias book, which is one of my all-time favorites. Today, I really like Vanguard for individuals and its Vanguard Target Retirement Funds. I invest in the latter and recommend these to friends and family, young and old. Fees are incredibly low and the funds are simple but diverse and can be aggressive or conservative depending on your age. Once you buy one, you never ever have to move the money as the funds adapt to your age using the same type of asset allocation and diversification strategies used by the best trust companies and money managers. Wisconsin Personal Injury Attorney posted by Frank | 10:04 AM Wednesday, April 05, 2006 Wisconsin car accidents often involve injuries and wrongful death and too often the latter takes place when a Wisconsin teenage driver is involved. Nationally, fatal car accidents are the leading cause of death for teenagers. These car crashes sometimes involve alcohol, but there is a lot more to safe teen driving than avoiding alcohol. Check out these teen driving safety tips to learn more and prevent your child from becoming another teen car accident statistic in Wisconsin. Wisconsin Personal Injury Lawyer posted by Frank | 11:38 AM Thursday, March 30, 2006 Fyi, for those hunting for my firm's web site at www.frankpasternak.com, it's down temporarily. Please call me at 414-257-4100 if you have any inquiries. BTW, I'm working on my Wisconsin Personal Injury Lawyer Google Page too. Who knows? posted by Frank | 1:44 PM Thursday, March 23, 2006 Eye on Wisconsin has a great post disagreeing with Governor Doyle's signing into law the new Wisconsin medical malpractice caps written by Republican legislators. I wonder if the Republican Party of Wisconsin will issue a second press release now?? Here's The Price of a Veto press release it put out after the Governor vetoed a prior bill. Wisconsin health care costs are out-of control and it has the lowest medical malpractice insurance premiums in the country. Here's the Wisconsin Medical Society talking up our low malpractice rates and the Wisconsin Legislative Reference Bureau. Caps only punish victims of a doctor or hospital's medical malpractice. Wisconsin Medical Malpractice Lawyer posted by Frank | 3:30 PM Friday, March 17, 2006 Insurance companies showed their true colors right after Hurricane Katrina, which is why we saw lots of touchy feely insurance company ads and even tort reformer Sen. Trent Lott sued State Farm. Looks like a Missippippi trial lawyer has the goods on at least one of the insurance companies involved thanks to an insurance company whistleblower. Imagine this, that insurance company pressured engineers to change their conclusions about what caused the damage so that policyholders' claims could be denied. Just as a reminder, Insurance companies want: ~ Premiums not claims ~ To deter valid lawsuits ~ People to hate lawyers so they never get one ~ You to feel guilt for making legitimate claims ~ You to think you're "not the kind of person who files a lawsuit" ~ Juries to think a person who files a suit is dishonest ~ Jurors minds made up before evidence is heard ~ Your rights minimized or removed ~ Their rights maximized and preserved ~ People to feel juries give away money ~ Verdicts for damages to be less then what is fair ~ Caps on damages to minimize your justice ~ Judges who will avoid holding them accountable Wisconsin Personal Injury Attorney posted by Frank | 4:33 PM Wednesday, March 15, 2006  I like this! The Association of Trial Lawyers of America - New Jersey, an association made up primarily of personal injury attorneys, has asked the state's Supreme Court to ban lawyers from directly soliciting car accident injury victims with mail campaigns sent in response to police accident reports. Wisconsin personal injury lawyers advertise this way presently, at least some do. If you have been in a Wisconsin car accident, you surely know this. Though this form of lawyer advertising is ethical, it seems to fit an ambulance chasing stereotype. Wisconsin Personal Injury Lawyer posted by Frank | 5:04 PM Malpractice caps only harm victims. It's another great article from a Wisconsin newspaper, this time the Wausau Daily Herald, encouraging Gov. Doyle to veto the newest medical malpractice cap in Wisconsin. Wisconsin Personal Injury Attorney posted by Frank | 10:34 AM Friday, March 10, 2006 The Capital Times has an excellent editorial on why Governor Doyle should veto the medical malpractice caps passed recently by our legislature in Wisconsin. By the way, I promise all politicians, Wisconsin Republicans and Wisconsin Democrats, that they will not receive as much as a dime from me if they voted or vote for any damage caps and this includes Governor Doyle. Wisconsin Personal Injury Lawyer posted by Frank | 9:57 AM |
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