Milwaukee Magazine Super Lawyers honor

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

Falls leading cause of death for over 65

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

How to hire a personal injury lawyer

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

Defense ("Independent") Medical Examinations

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.

Here's one example of a defense medical examination broker. Read for yourself about its "independent medical examination services", but the bottom line is insurance companies pay doctors to fight legitimate claims. 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. The company's 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

Findlaw

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

Bob Dolan's Successful Travel Show

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

E. coli Spinach cases in Wisconsin

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

Wisconsin, Alcohol & Car Accidents

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

Bob Dolan: A Husband & Wife Vacation

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

Christian Trial Lawyers

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

Personal Injury Client Testimonials

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

Dog Bite Attack & Family Dog Advice

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

Door County Explosion & Investigation

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

American Family loses Wisconsin Case

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

Buffet Trying to Level the Playing Field

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

MySpace.com Lawsuit

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

Business & Finance Gurus

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

Statements to Insurance Companies

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

Medical Malpractice Study

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

Allstate exposed

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

Lawyers Attacked by a Christian Group?

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

Wisconsin Uninsured/Underinsured Umbrella

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

Wisconsin Car Insurance Advice

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

Personal Injury Settlements & Verdicts

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

Fatal Wisconsin Car Accidents & Teenagers

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

www.frankpasternak.com

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?

Medical Malpractice Caps now Law

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

Insurance company bad faith post-Katrina

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

Personal Injury Lawyers Accident Letters

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

How much is the lifetime use of a right arm worth?

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

Veto the new Wisconsin Medical Malpractice Cap

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

$750,000 Medical Malpractice Cap Passed

Wisconsin medical malpractice victims lost out yesterday when Wisconsin's Senate passed a $750,000 cap on damages. Don't even think that it will lower health care costs. That's just a pitiful joke. No, it just takes away from those most severely injured with permanent and catastrophic disabilities.

Wisconsin Medical Malpractice Attorney

Wisconsin Wal-Mart Class Action Decision

Wisconsin's Court of Appeals recently dealt a blow to class actions in a decision involving Wal-Mart and its alleged failure to pay employees appropriately. The Circuit Court case filed in 2001 put Chicago-based Miner, Barnhill & Galland and Milwaukee-based Murphy & Prachthauser against the mammoth corporate law firm of Foley & Lardner. It seems corporations, e.g. Wisconsin Manufacturers and Commerce, won this battle with employees losing out. However, I expect this to be heard by the Wisconsin Supreme Court.

Wisconsin Personal Injury Lawyer

P.S. For that corporate lawyer in your life, here's the perfect gift.

American Family Insurance Claim Story

American Family Insurance is the largest Wisconsin car insurance company and its raking in profits and premiums, wrongful denial of insurance claims, and role in tort reform have been discussed here. Now there's this interesting American Family insurance claim story from Denver.

Wisconsin Car Accident Lawyer

Attorney Self-Help Center

Attorneys take different approaches to their web sites with some doing much better than others. One novel approach from the Maryland personal injury firm of Miller & Zois is its Attorney Help Center. There they share sample of motions, discovery, pleadings, etc. relating to the litigation of personal injury cases.

Wisconsin Personal Injury Attorney

Milwaukee Journal Sentinel Asbestos Article

Today, I was quoted in the Milwaukee Journal Sentinel article by Rick Barrett entitled Senate to debate asbestos fund. Mesothelioma in Wisconsin, whether it's suffered by Navy veterans who had asbestos exposure or others suffering wrongful death, is not something taxpayers should be responsible for. Whether it's asbestosis or another asbestos injury in Wisconsin, those corporations that are responsible should be held accountable in a court of law. An asbestos bailout is wrong.

Wisconsin Asbestos Lawyer

Asbestos Bailout Bill

Mesothelioma and asbestos related diseases have killed hundreds of thousands, including many men who served in our armed forces, e.g. Navy Veterans. The deaths were caused because corporations knowingly poisoned individuals with asbestos fraudulently hiding for more than 30 years the dangers of asbestos.

Now, just a year after President Bush's Solicitior General criminally indicted W.R. Grace and 7 of its executives for knowingly exposing workers and residents of Libby, Montana to asbestos, Senator Bill Frist (the heart surgeon known for trying to protect doctors at your expense) is pushing a corporate asbestos bail out that would give W.R Grace $2.8 BILLION.

According to the National Taxpayers Union, this corporate asbestos bailout would cost taxpayers a minimum of $45 BILLION.

Not only that, but as a result of such an asbestos bailout bill, many mesothelioma victims will have NO RIGHTS to recover including:
~ those exposed to asbestos in a neighborhood, home or school,
~ victims exposed in the World Trade Center collapse of September 11th,
~ those exposed in Hurricane Katrina, and
~ Veterans whose service does not meet narrow criteria.

Today, I discussed this issue with Reporter Rick Barrett of the Milwaukee Journal Sentinel and I'll post more on that later. For now, however, I urge you to contact these Senators and tell them to vote against S.B. 852:
Tom Carper Delaware
Saxby Chambliss Georgia
John Cornyn Texas
Chris Dodd Connecticut
Mike DeWine Ohio
Elizabeth Dole North Carolina
Bill Frist Tennessee
Dianne Feinstein California
Ted Kennedy Massachusetts
Herb Kohl Wisconsin
Pat Leahy Vermont
Bill Nelson Florida
Ben Nelson Nebraska
Harry Reid Nevada
Paul Sarbanes Maryland
Arlen Specter Pennsylvania
Debbie Stabenow Michigan

Wisconsin Mesotheliom Lawyer

Wisconsin Personal Injury Tort Reform - part 2

Wisconsin personal injury lawsuits, as I indicated in part 1, are small in number as Wisconsin is not litigious. Personal injury cases are just an issue used by politicians to get contributions from the likes of Wisconsin Manufacturers and Commerce and American Family Insurance.

The truth is far more revealing than the politicians. Here's the Wisconsin's Director of State Courts' report. In Wisconsin, 31 Counties had ZERO product liability cases filed and 26 Counties had ZERO medical malpractice cases filed in 2004. Further, each Wisconsin county on average had about only five jury trials in any personal injury case (note this includes every type of personal injury, e.g. Wisconsin car accidents, mesothelioma cases, medical malpractice, etc.).

Hopefully now you understand why I gag every time I hear a pundit or politician refer to a "litigation explosion" in Wisconsin.

Wisconsin Personal Injury Lawyer

Catholic Knights Lawyer

Catholic Knights is a Milwaukee, Wisconsin not-for-profit organization that serves its members, sells some insurance products, and does a lot of good for people throughout the Milwaukee area. As a result of my Board position in the St. Thomas More Society of Wisconsin, I've learned that Catholic Knights is seeking a lawyer to take over as in-House Counsel. If you're interested contact careers at Catholic Knights.

Wisconsin Personal Injury Lawyer

Wisconsin Personal Injury Tort Reform

Wisconsin personal injury verdicts are lower than most states. Wisconsin juries are made up of conservative individuals who find for doctors and corporations more often than other juries. Thus, when I heard WTMJ's Jeff Wagner refer to a "litigation explosion" in Wisconsin today, I nearly choked on my Subway. It's rubbish.

Whether it's Wisconsin Manufacturers and Commerce, American Family Insurance, or similar groups, these people cry "wolf" too often. Unfortunately, talk radio hosts and politicians like Mark Green and Scott Walker, though they may have the right idea on many issues, only propagate the myth perpetuated for decades. It's more of this how to demonize personal injury lawyers garbage.

Wisconsin is not litigious. Wisconsin jury verdicts are low. And, most Wisconsinites I help with a Wisconsin car accident or other personal injury first tell me, what I think I also heard from WISN's Bob Dolan, "I'm not the kind of person that files a lawsuit, but...."

And from there you can fill in the blank with, for example:
- the insurance adjuster claims I'm at fault,
- they're not being fair,
- I'm missing work,
- I'm permanently disabled, or whatever else.

Bottom line, Wisconsin's personal injury tort system works and doesn't produce outrageous results and this is true because all most people in Wisconsin want is what's fair, no more and no less.

Wisconsin Personal Injury Attorney

Wisconsin Court Records, Sex Offenders & Corporations

Wisconsin court records are put online by the circuit courts for most (not all) criminal, civil and other cases. It's on the Consolidated Court Automation Programs web site (CCAP).

Wisconsin's registered Sex Offenders may be found at the Wisconsin Sex Offender Registry. There's also a National Sex Offender Public Registry.

Corporations in Wisconsin, LLCs and other business records are often able to be found at the Wisconsin Department of Financial Institution's Wisconsin Corporation Records.

Wisconsin Personal Injury Lawyer

Asbestos trial for will not be moved

Libby, Montana was a A town left to die by W.R. Grace. I've been interviewed on this Asbestos story by NBC News as a Wisconsin asbestos attorney and mesothelioma lawyer in Wisconsin handling mesothelioma cases. Though W.R. Grace executives attempted to escape justice in an asbestos trial in Montana by asking to move their trial, a judge recently denied their request.

Wisconsin Personal Injury Attorney

Wisconsin law shames delinquent taxpayers on web

Wisconsin law requires shaming delinquent taxpayers on the web, which is done through the Wisconsin Delinquent Taxpayers list. Per state law, delinquent taxpayers are put there if they owe more than $25,000 and the amount is unpaid more than 90 days after all appeal rights have expired. In fact, the Department of Revenue warned these folks with letters about two months ago so peruse it and then tell your friends they can be removed from the list if they enter into a repayment agreement, file a petition to compromise or file for bankruptcy.

Wisconsin Personal Injury Lawyer