Personal Injury Attorneys Blogging

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

Holiday Shopping Online

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:

1. Check out the seller.
2. Read the site’s privacy policy.
3. Read return policies carefully.
4. Know what you’re getting. Read the product description closely.
5. Don’t fall for a false email or pop-up. Legitimate companies don’t send unsolicited email messages asking for your password or login name, or your financial information.
6. Look for signs a site is safe. When you’re asked to provide payment information, the beginning of the website’s URL address should change from http to shttp or https, indicating that the purchase is encrypted or secured.
7. Secure your computer. At a minimum, your computer should have anti-virus and anti-spyware software, and a firewall.
8. Consider how you’ll pay. Credit cards generally are a safe option.
9. Keep a paper trail.
10. Turn your computer off when you’re finished shopping.

Wisconsin Personal Injury Lawyer

Milwaukee Car Accident Verdict Upheld

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

Doctors move to curb patients' free speech

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

Insurance Companies again

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

Wisconsin Registered Sexual Offenders

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

Independent Medical Examinations revisited

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?
2. Causation: Are the above-described diagnoses medically causally related to the accident or injury in question?
3. Other Conditions: Please note any pre-existing injuries or conditions. Are any of these affecting the claimant’s recovery from the injuries or conditions alleged as a result of the accident or injury in question?
4. Apportionment: If the accident in question is only partially contributing to the current condition, please indicate and apportion the current condition between this accident and other conditions or events.
5. Past Treatment: Has treatment to date been reasonable and necessary as it relates to
the accident or injury in question?
6. Future Treatment: Is future medical treatment necessary as a result of the accident or injury in question? If yes, please specify the type, frequency, and duration of the suggested
treatment(s) along with your prognosis.
7. Healing Period: Has the claimant reached an end of healing, maximum medical improvement, or pre-injury status as it relates to the accident or injury in question? If yes, please indicate
the date it was reached. If no, please indicate when it can be anticipated.
8. Work Restrictions: Is the claimant capable of working? Please describe temporary or permanent work restrictions, if any, necessary as a result of the accident or injury in question.
9. Daily Living Activities: Is the claimant capable of performing activities of daily living? Please describe the limitations, if any, that exist as a result of the accident or injury in question.
10. Permanence of Injury: Has the accident or injury resulted in any permanent impairment? If yes, please provide your opinion as to the nature and extent of this impairment and rationale to support your opinion."

By the way, I don't mean to pick on Verity Medical, there are many companies like this in Wisconsin.

Wisconsin Personal Injury Attorney

Wisconsin Doctor Ratings at RateMDs.com

Wisconsin 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

Two Recent City of Brookfield Appointments

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

Asbestos and politics

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

Thompson, Torts, and True Conservatism

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

Fred Thompson

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

Wisconsin Lawyers Sponsoring Golf Outings

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

Wisconsin Litigation Skills for Legal Staff

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

CNN exposes on insurance companies

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

Insurer Sues 81-year-old Woman for Failing to Shovel

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

Bucher, Gatzke & Ruppelt Solicitations

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