Wisconsin Cheerleading Lawsuit

Wisconsin's Supreme Court issued Noffke v. Bakke yesterday and it's been discussed in the news, Wall Street Journal's Blog, and by legal professors, Legal Profession Blog and Sports Law Blog. The Blogosphere discussion seems to focus on cheerleading as a contact sport, which I'm sure law scholars can debate ad infinitum.

Simple lawyers like me though wonder, why didn't a jury get to decide whether this fellow cheerleader and school district acted reasonably? I ask that rhetorically because I know the reason is because a prior Wisconsin legislature and governor decided to give IMMUNITY.

Noffke v. Bakke shows two types of immunity statutes in Wisconsin - governmental immunity (school districts, cities, villages, etc.) and recreational immunity (certain sports, activities, etc.). In my opinion, immunity laws are a horrible form of tort reform, which occurs too often in Wisconsin personal injury law.

Wisconsin Personal Injury Lawyer

True Justice from the new Dept of Justice?

In a prior post, I explained how federal agencies can and have been used to strip Americans of legal rights. In Revival of Justice: What Obama's DoJ appointees should do first, Yale Law School's Judith Resnik sets forth some ideas for the new administration to revive true justice.

The highlights from my perspective are:

• Acknowledge that the courts are for all citizens;
• Stop government lawyers from cutting off access to courts for civil litigants;
• Don't use support "tort reform" laws ("reform" is really short for deform);
• Give consumers, employees and tort victims more access to court;
• Stop mandatory arbitration (see e.g. your credit card contract);
• Let consumers with tiny claims aggregate in classes so they can get lawyers; and
• Eliminate immunities for government officials and private contractors.

Wisconsin Personal Injury Attorney

Ingenix Lawsuit Settled

UnitedHealth Care through an outfit called Ingenix allegedly engaged in some insurance company behaviors I've mentioned. So it settled the lawsuit relating to that paying $350,000,000.00 to resolve class action lawsuits and $50,000,000.00 to the NY AG.

I found one interesting aspect of such lawsuits to be the hypocrisy of doctors bringing the cases since they are typically the ones seeking to limit your rights in medical malpractice litigation.

Wisconsin Personal Injury Lawyer

Olbermann Countdown Gets 3 Cheers

Almost missed posting on this well done piece. Unbeknowst to many Americans, sometimes an administrator at some federal agency can strip them of their rights.

Wisconsin Personal Injury Attorney

BUY Uninsured & Underinsured Car Insurance!

Today's news had a scary story about how the bad economy is causing drivers to let their car insurance lapse. On my firm's web site, we talk about Wisconsin Car Insurance & Umbrella FAQs.

In light of today's news, I can't impress on you enough the urgent need to have Uninsured Motorist Coverage (“UM”) as well as Underinsured Motorist Coverage (“UIM”) in case you are in a Wisconsin car accident (or car accident elsewhere for that matter). I've seen some horrible car accident injuries and the worst accidents are very frequently caused by someone who has minimal car insurance limits of say $25,000 or $50,000. Often my clients think their agent gave them "full coverage," but that's far from true.

UM and UIM car insurance protects you! Buy it for yourself to protect you from Wisconsin drivers who have no car insurance or little car insurance. I tell friends to carry UM and UIM car insurance limits of at least $250,000. With the increased cost of medical car and horrible changes in Wisconsin law (lobbied for by companies like American Family, State Farm, Allstate, Liberty Mutual, Progressive, Sentry, etc.), limits of $100,000 are not enough. In fact, if your family income is more than $100,000, it certainly makes sense to have an umbrella insurance policy with UM and UIM coverage for $1,000,000 or $2,000,000.

Why so much? If your family is driving to Grandma's for Christmas and an uninsured driver crosses the center line and hits you head on, which I've seen, you can easily have insurance claims that amount to $1,000,000 or $2,000,000. And if such a horrific car accident should happen, don't trust the good hands of your insurer to pay your family fairly because as Allstate Claims Manual shows those represented by personal injury lawyers settle claims for about 3 times more than those who do not have reputable personal injury lawyers.

Wisconsin Personal Injury Lawyer

Drunk Driving Car Accidents in Wisconsin

Wisconsin has a severe problem with drunk driving and to reduce that problem, Wisconsin is considering interlocking systems. Clearly, this is a good idea to prevent Wisconsin car accidents and wrongful deaths.

Wisconsin Personal Injury Lawyer

Dangerous Toys

U.S. PIRG is a federation of state Public Interest Research Groups that stands up for our health and well-being addressing issues involving product safety, prescription drugs and other consumer issues. It recently published two papers that are quite informational for those shopping for toys during Christmas: Toy Shopping Guide and Trouble In Toyland: The 23rd Annual Survey of Toy Safety. The basic theme is "buyer beware" as dangerous toys are still sold in stores across the country. Toys sent more than 80,000 children under 5 to emergency rooms in 2007 for serious injuries causing 18 deaths.

Wisconsin Personal Injury Attorney

Wisconsin's Mayfair Road Car Accidents

Wisconsin car accidents make up the majority of my law firm's personal injury practice and car accidents on Bluemound and Mayfair roads in Brookfield, Milwaukee, and Wauwatosa are frequently a part of that practice. So when I saw the article Avoiding a holiday crash on Mayfair Road, it caught my attention.

Wisconsin Personal Injury Lawyer

Wisconsin Personal Injury Super Lawyers

Super Lawyers published its list of the best lawyers in Wisconsin, which you may find in the December, 2008 Milwaukee Magazine. The list tries to identify the top 5% of all Wisconsin lawyers and its Rising Stars list tries to identify the top 2.5% of Wisconsin attorneys under age 40.

Fortunately, this Wisconsin personal injury attorney and my partner Jeff Zirgibel are listed again as Super Lawyers. I previously wrote on how to hire a personal injury lawyer and consider a Super Lawyers designation another tool for finding a personal injury attorney.

With respect to the Super Lawyers list, keep in mind that many lawyers making the list make it for a reason other than their plaintiff's personal injury practice and may not do such litigation exclusively. All are Wisconsin lawyers but many practice in other areas and the list below includes attorneys practicing plaintiff’s personal injury law and possibly in one or more of the following areas: Alternative Dispute Resolution, Appellate, Business/Corporate, Business Litigation, Civil Litigation Defense, Civil Rights/First Amendment, Criminal Defense, DUI/DWI, Employee Benefits/ERISA, Employment & Labor, Estate Planning & Probate, Family Law, General Litigation, Government/Cities/Municipalities, Immigration, Personal Injury Defense, Social Security Disability, and Workers' Compensation. Thus, conduct your investigation to find out if the lawyer you find is actually a good criminal lawyer (voted a Super Lawyer due to that) or whether they are truly a Wisconsin personal injury lawyer. Finally, keep in mind, that some lawyers listed are there because they are under 40 years old, Rising Stars.

Since more than two lawyers nearly never handle a particular personal injury case or trial, I thought it was important first to identify the Wisconsin law firms having two or more Super Lawyers listing plaintiff’s personal injury as at least part of the firm’s practice:

Aiken & Scoptur SC, Milwaukee
Anderson, O'Brien, Bertz, Skrenes & Golla, Stevens Point
Atterbury & Kammer, S.C., Middleton
Axley Brynelson, LLP, Madison
Bye, Goff, Rohde & Skow Ltd., River Falls
Cannon & Dunphy SC, Brookfield
DeWitt Ross & Stevens SC, Madison
End, Hierseman & Crain LLC, Milwaukee
Gass Weber Mullins LLC, Milwaukee
Gingras, Cates & Luebke, S.C., Madison
Habush Habush & Rottier SC, Various
Hale, Skemp, Hanson, Skemp & Sleik, La Crosse
Herrling Clark Law Firm Ltd, Appleton
Jacquart & Lowe SC, Milwaukee
Lawton & Cates, SC, Madison
Meier, Wickhem, Lyons & Schulz SC, Janesville
Murphy & Prachthauser, Milwaukee Peterson, Berk & Cross SC, Appleton
Pasternak & Zirgibel, SC, Brookfield
Previant, Goldberg, Uelmen, Gratz, Miller & Brueggeman SC, Milwaukee
Schoone, Leuck, Kelley, Pitts & Knurr, S.C., Racine
Warshafsky, Rotter, Tarnoff & Bloch, SC, Milwaukee

The following Wisconsin law firms have one Super Lawyer and at least one Rising Star (under 40) listing plaintiff’s personal injury as at least part of the firm’s practice:

Curtis Law Office, Oshkosh
Domnitz & Skemp, S.C., Milwaukee
Fitzpatrick, Blackey & Associates LLC, La Crosse
Fox & Fox SC, Monona
Gimbel, Reilly, Guerin & Brown, Milwaukee
Laufenberg & Hoefle SC, Milwaukee
Liebmann, Conway, Olejniczak & Jerry SC, Green Bay
Menn Law Firm, Ltd., Appleton
Pitman, Kyle & Sicula SC, Milwaukee

Truth be told, you could do ALOT worse than researching and interviewing some of the above 30 law firms to help with your personal injury case. Of course, I'd like you to interview these Wisconsin personal injury attorneys.

Finally, here is a list of all the 2008 Super Lawyers and Rising Stars (under 40) listing plaintiff’s personal injury as at least part of their practice:

Victor M. Arellano
Lee R. Atterbury
Charles W. Averbeck
Bruce R. Bachhuber
John A. Becker
Brian P. Beisenstein
Joseph J. Beisenstein
Robert E. Bellin, Jr.
Keith A. Belzer
Avram D. Berk
Thomas W. Bertz
Gerald J. Bloch
Steven T. Botzau
Larry B. Brueggeman
George Burnett
C.M. Bye
John C. Cabaniss
Steven M. Cain
Kelly L. Centofanti
William M. Cannon
Kent I. Carnell
John L. Cates
Craig A. Christensen
John D. Claypool
Keith R. Clifford
Patrick J. Coffey
Terence R. Collins
Byron B. Conway
Shawn R. Crain
Robert D. Crivello
Rodney L. Cubbie
George W. Curtis, Jr.
Jane Cuthbert
Christine Davies D'Angelo
Bruce M. Davey
Michael R. Davis
M. Angela Dentice
Frank M. Doherty
Merrick R. Domnitz
Christopher A. Duesing
Patrick O. Dunphy
Brett A. Eckstein
Gregory J. Egan
J. Michael End
Eric A. Farnsworth
Laurence J. Fehring
David J. Fitzpatrick
Tom Fitzpatrick
Thomas J. Flanagan
Pamela Wiza Flores
Alex Flynn
Michael R. Fox
Peter J. Fox
Paul V. Gagliardi
James W. Gardner
Eugene A. Gasiorkiewicz
J. Ric Gass
Michael W. Gill
Robert J. Gingras
Steven B. Goff
Russell T. Golla
Jonathan P. Groth
D. Michael Guerin
Robert L. Habush
Charles E. Hanson
Victor C. Harding
Michael F. Hart
Webster A. Hart
C. Michael Hausman
Michael M. Hayes
Jerome A. Hierseman
Ann S. Jacobs
Paul R. Jacquart
James R. Jansen
Thomas J. Janssen
Robert L. Jaskulski
Michael J. Jassak
James A. Johnson
Alexander S. Kammer
David B. Karp
Robert J. Kasieta
Kenan J. Kersten
Timothy S. Knurr
Jason Knutson
Kevin J. Kukor
Dean P. Laing
Lynn R. Laufenberg
Michael L. Laufenberg
Thadd J. Llaurado
Kevin Lonergan
David P. Lowe
Michael J. Luebke
Theodore V. Lyons, Jr.
Craig Mastantuono
Robert A. Mich, Jr.
Leah M. Michaelson-Link
Mark J. Mingo
Thomas J. Misfeldt
Gerald W. Mowris
Thomas K. Mullins
Jason R. Oldenburg
James A. Olson
Robert A. Parsons
Frank T. Pasternak
Mark A. Pennow
Ricardo Perez
John C. Peterson
Jeffrey A. Pitman
James A. Pitts
Kenneth C. Pletcher
Don C. Prachthauser
Ken Quincey
Jacob R. Reis
Jason S. Richard
Michael Riley
F. William Russo
J. Drew Ryberg
Werner Erich Scherr
Charles D. Schmidt
Raymond E. Schrank, II
Jacob L. Schrinsky
Paul J. Scoptur
Michael S. Siddall
Anthony J. Skemp
Ardell W. Skow
Marie A. Stanton
Christopher J. Stawski
Phillip M. Steans
Susan R. Steingass
Charles F. Stierman
Jamie Stock-Retzloff
Heath P. Straka
Christopher L. Strohbehn
Brenda K. Sunby
David E. Sunby
Michael I. Tarnoff
Ralph J. Tease, Jr.
Willard P. Techmeier
Frank R. Terschan
Mark L. Thomsen
Timothy S. Trecek
Jay A. Urban
Edward J. Vopal
Benjamin S. Wagner
William J. Waltenberger
John Walsh
Ted M. Warshafsky
David H. Weber
D.J. Weis
Robert J. Welcenbach
Daniel D. Whetter
James D. Wickhem
Geoffrey D. Wilber
Gregory R. Wright
Mark S. Young
Jeffrey R. Zirgibel

Wisconsin Personal Injury Lawyer

Insurance Company Tricks

I've blogged on insurance companies discussing their ways, but a new report from the American Association for Justice formalizes and confirms some of what I've said. Check out Tricks of the Trade.

Here's the executive summary (minus the footnotes) of behaviors:

"The U.S. insurance industry has trillions of dollars in assets, enjoys average profits of over $30 billion a year, and pays its CEOs more than any other industry. But insurance companies still engage in dirty tricks and unethical behavior to boost their bottom line even further.

The current economic turmoil affecting the insurance industry onWall Street has only made the outlook bleaker for consumers living on Main Street. Insurance companies are likely to demand huge rate hikes and
refuse more claims than ever.

Some of America’s most well-known insurance companies—the same ones that spend billions on
advertising to earn your trust—have endeavored to deny claims, delay payments, confuse consumers with incomprehensible insurance-speak, and retroactively refuse anyone who may cost them money.

This report describes some of the most egregious ways the insurance industry attempts to make money at the expense of consumers. These are some of the tricks of the trade:

Denying Claims
Some of the nation’s biggest insurance companies—Allstate, AIG, and State Farm among others—have denied valid claims in an attempt to boost their bottom lines. These companies have rewarded employees who successfully denied claims, replaced employees who
would not, and when all else failed, engaged in outright fraud to avoid paying claims.

Delaying Until Death
Many insurance companies routinely delay claims, knowing full well that many policyholders will simply away in safes. Undoubtedly, the most shameful use of delay tactics has been by long-term care insurers, who often take advantage of their policyholders’ age and ill health. In the words of one regulator, "the bottom line is that insurance companies make money when they don’t pay claims…They’ll do anything to avoid paying, because if they wait long enough, they know the policyholders will die."

Confusing Consumers
Insurance contracts are some of the most dense and incomprehensible contracts a consumer is ever likely to see. More than half of all states have enacted "plain English" laws for consumer contracts, yet many Americans still do not fully understand the risks they are subject to. After Hurricane Katrina, insurance companies used obscure "anti-concurrent" clauses to get out of paying claims. Consumers who purchased hurricane insurance and thought they were covered suddenly found the coverage eliminated by an obscure clause they could not hope to understand.

Discriminating by Credit Score
Increasingly, insurance companies are using credit reports to dictate the premiums consumers pay, or whether they can even get insurance in the first place. The practice penalizes the poor, senior citizens with little credit, and those who have suffered financial crisis through no fault of their own. Insurance companies have denied fiscally responsible people who paid their bills in cash, but refused renewals because of a lack of credit history. Others have seen auto rate hikes near 600 percent despite clean driving records after falling on economic troubles.

Abandoning the Sick
Health insurers looking to cut costs have taken to canceling retroactively, or rescinding, the policies of people whose conditions have become expensive to treat. Some insurance companies have even offered bonuses to employees who meet "cancellation goals." Rescission targets patients in the midst of treatment when they are at their most vulnerable—even cancer patients in the midst of chemotherapy have been targeted.

Canceling for a Call
Many people are rightly reluctant to make small claims on their home insurance for fear their insurance company will raise their premiums. But few realize that insurance companies often refuse to renew a policy because the policyholder did as little as inquire about the possibility of making a claim. Many times an insurance company will count an inquiry over the phone
as the same as a claim, and then they will do everything in their power to drop the policyholder."


Wisconsin Personal Injury Attorney

Medical Defense Doctors

A while back I blogged on defense medical examinations, which defense lawyers and insurance companies love to call "independent", and I referred to one company's schedule of medical examiners posting it's October-November 2006 schedule.

Here are three recent schedules from the company's website for the lawyer looking for info:

"October/November 2008
***
Appleton / Green Bay / Oshkosh / Neenah
October 20, 2008 Thomas W. Schueppert, M.D. – Ortho. Foot & Ankle Surgeon
October 27, 2008 William D. Moore, M.D. – Orthopedic Surgeon
October 29, 2008 Paul A. Cederberg, M.D. - Orthopedic Surgeon
October 29, 2008 Ellen O’Brien, M.D. – Orthopedic Surgeon
November 3, 2008 William D. Moore, M.D. – Orthopedic Surgeon
November 3, 2008 Marc J. Novom, M.D. – Neurologist
November 7, 2008 Sridhar V. Vasudevan, M.D. – Physical Medicine & Rehab
November 7, 2008 Randal Wojciehoski, D.O., DPM – Internal/ER Med./Podiatry
November 10, 2008 Stephen E. Barron, M.D. – Orthopedic Surgeon
November 10, 2008 William D. Moore, M.D. – Orthopedic Surgeon
November 11, 2008 Stephen E. Barron, M.D. – Orthopedic Surgeon
November 12, 2008 Michael A. Weiner, M.D. – Plastic/Hand Surgeon
November 17, 2008 William D. Moore, M.D. – Orthopedic Surgeon
November 18, 2008 William R. Klemme, M.D. – Orthopedic Surgeon
November 18, 2008 Thomas W. Grossman, Jr., M.D. – Orthopedic Surgeon
November 20, 2008 Michael W. Orth, M.D. – Orthopedic Surgeon
November 25, 2008 Paul A. Cederberg, M.D. - Orthopedic Surgeon
December 5, 2008 Sridhar V. Vasudevan, M.D. – Physical Medicine & Rehab
Dec. 12 & 15, 2008 Michael R. Nordstrom, M.D. – Otolaryngology
December 16, 2008 Stephen E. Barron, M.D. – Orthopedic Surgeon
Call for dates Gregory Nystrom, D.C. – Chiropractor
Call for dates Brad K. Grunert, Ph.D. – Psychology

Lakewood
Call for dates William D. Moore, M.D. – Orthopedic Surgeon

Duluth, MN(Superior)
October 24, 2008 Stephen E. Barron, M.D. – Orthopedic Surgeon
November 3, 2008 Paul A. Cederberg, M.D. - Orthopedic Surgeon
November 18, 2008 Stephen E. Barron, M.D. – Orthopedic Surgeon
December 1, 2008 Paul A. Cederberg, M.D. - Orthopedic Surgeon

Eau Claire
October 22, 2008 Ellen O’Brien, M.D. – Orthopedic Surgeon
October 25, 2008 Kevin J. Kulwicki, M.D. – Orthopedic Surgeon
November 6, 2008 Stephen E. Barron, M.D. – Orthopedic Surgeon
November 13, 2008 David A. Solfelt, M.D. – Orthopedic Surgeon
November 13, 2008 Gilbert Westreich, M.D. – Neurology
November 14, 2008 Daniel P. Lochmann, M.D. – Orthopedic Surgeon
November 17, 2008 Michael W. Orth, M.D. – Orthopedic Surgeon
November 19, 2008 Thomas A. Lyons, M.D. – Neurosurgeon
November 20, 2008 Paul A. Cederberg, M.D. - Orthopedic Surgeon
December 5, 2008 William T. Monacci, M.D. – Neurosurgeon
December 9, 2008 Paul A. Cederberg, M.D. - Orthopedic Surgeon

Kenosha
November 25, 2008 Thomas W. Grossman, Jr., M.D. – Orthopedic Surgeon

LaCrosse/Tomah
October 24, 2008 Michael G. Wirth, D.C. - Chiropractor
October 24, 2008 Paul A. Cederberg, M.D. - Orthopedic Surgeon
November 21, 2008 Stephen E. Barron, M.D. – Orthopedic Surgeon
December 1, 2008 Paul L. Liebert, M.D. – Orthopedic Surgeon
December 5, 2008 Daniel P. Lochmann, M.D. – Orthopedic Surgeon
December 19, 2008 Paul A. Cederberg, M.D. - Orthopedic Surgeon

Madison
October 20, 2008 Marc J. Novom, M.D. – Neurologist
October 27, 2008 Kevin J. Kulwicki, M.D. – Orthopedic Surgeon
October 29, 2008 Paul A. Cederberg, M.D. - Orthopedic Surgeon
October 29, 2008 Thomas A. Lyons, M.D. – Neurosurgeon
October 29, 2008 William D. Moore, M.D. – Orthopedic Surgeon
November 3, 2008 David A. Solfelt, M.D. – Orthopedic Surgeon
November 3, 2008 Stephen E. Barron, M.D. – Orthopedic Surgeon
November 8, 2008 Thomas J. O’Brien, M.D. – Ortho. Surgeon/Spine Specialist
November 14, 2008 John S. Xenos, M.D. – Orthopedic Surgeon
November 14, 2008 Sridhar V. Vasudevan, M.D. – Physical Medicine & Rehab
November 17, 2008 Kevin J. Kulwicki, M.D. – Ortho. Surgeon/Upper Extremity
November 26, 2008 Morris M. Soriano, M.D. – Neurosurgeon
December 5, 2008 John S. Xenos, M.D. – Orthopedic Surgeon
December 8, 2008 Kevin J. Kulwicki, M.D. – Ortho. Surgeon/Upper Extremity
Call for dates Michael R. Nordstrom, M.D. – Otolaryngology
Call for dates David H. Bartlett, M.D. – Ortho Surgeon – Knees & Shoulders
Call for dates James E. Self, M.D. – Orthopedic Surgeon
Call for dates Michael A. Weiner, M.D. – Plastic/Hand Surgeon
Call for dates Dan B. Futch, D.C. – Chiropractor

Milwaukee
October 27, 2008 Steven I. Grindel, M.D. – Ortho. Surgeon/Upper Extremity
October 27, 2008 Thomas A. Lyons, M.D. – Neurosurgeon
October 28, 2008 Paul A. Cederberg, M.D. - Orthopedic Surgeon
November 4, 2008 Timothy S. O’Brien, M.D. – Orthopedic Surgeon
November 4, 2008 Randal Wojciehoski, D.O., DPM – Internal/ER Med./Podiatry
November 6, 2008 Steven P. Friedel, M.D. – Orthopedic Surgeon
November 7, 2008 Thomas J. O’Brien, M.D. – Ortho. Surgeon/Spine Specialist
November 11, 2008 James C. Foster, M.D., MPH – Occupational Medicine
November 12, 2008 Stephen E. Barron, M.D. – Orthopedic Surgeon
November 13, 2008 Michael A. Weiner, M.D. – Plastic/Hand Surgeon
November 15, 2008 John S. Xenos, M.D. – Orthopedic Surgeon
November 17, 2008 J. Christopher Noonan, M.D. – Orthopedic Surgeon
November 24, 2008 Paul A. Cederberg, M.D. - Orthopedic Surgeon
December 6, 2008 John S. Xenos, M.D. – Orthopedic Surgeon
December 17, 2008 Stephen E. Barron, M.D. – Orthopedic Surgeon
Call for dates J. Jay Goodman, M.D. – General/Vascular Surgeon
Call for dates Gary N. Guten, M.D. – Orthopedic Surgeon – Knee Specialist
Call for dates Mark R. Aschliman, M.D. – Orthopedic Surgeon
Call for dates Anthony A. Ferguson, M.D. – Ortho Surgeon - Foot/Ankle
Call for dates Marc J. Novom, M.D. – Neurologist
Call for dates Michael R. Nordstrom, M.D. – Otolaryngology
Call for dates Steven Donatello, M.D. – Pain Management

Plainfield
November 18, 2008 James C. Foster, M.D., MPH – Occupational Medicine

Wausau/Stevens Point
October 22, 2008 Paul A. Cederberg, M.D. - Orthopedic Surgeon
October 24, 2008 Sridhar V. Vasudevan, M.D. – Physical Medicine & Rehab
October 25, 2008 Kevin J. Kulwicki, M.D. – Orthopedic Surgeon
October 29, 2008 Marc J. Novom, M.D. – Neurologist
November 7, 2008 Stephen E. Barron, M.D. – Orthopedic Surgeon
November 17, 2008 William R. Klemme, M.D. – Orthopedic Surgeon
November 18, 2008 Michael W. Orth, M.D. – Orthopedic Surgeon
November 18, 2008 James C. Foster, M.D., MPH – Occupational Medicine
November 19, 2008 William D. Moore, M.D. – Orthopedic Surgeon
November 20, 2008 Paul A. Cederberg, M.D. - Orthopedic Surgeon
November 21, 2008 David A. Solfelt, M.D. – Orthopedic Surgeon
December 5, 2008 Michael G. Wirth, D.C. - Chiropractor
December 6, 2008 William T. Monacci, M.D. – Neurosurgeon
December 12, 2008 Michael R. Nordstrom, M.D. - Otolaryngology
December 15, 2008 Thomas A. Lyons, M.D. – Neurosurgeon"

"September / October 2008
***NORTHERN ILLINOIS IME’s
ILLINOIS/Chicago Metro IME APPOINTMENTS AVAILABLE
September 17, 2008 Jeffrey T. Behr, M.D. – Orthopedic Surgeon
Call for dates Michael W. Orth, M.D. – Orthopedic Surgeon
Call for dates Paul D. Belich, M.D. – Orthopedic Surgeon
Call for dates Steven C. Delheimer, M.D. – Neurosurgeon
Call for dates Norman Kohn, M.D. – Neurologist
Call for dates Scott A. Kale, M.D. – Internal Medicine

Appleton / Green Bay / Oshkosh / Neenah
September 4, 2008 Steven P. Friedel, M.D. – Orthopedic Surgeon
September 8, 2008 Michael C. Reineck, M.D. – Orthopedic Surgeon
September 9, 2008 Stephen E. Barron, M.D. – Orthopedic Surgeon
September 10, 2008 Stephen E. Barron, M.D. – Orthopedic Surgeon
September 12, 2008 Michael G. Wirth, D.C. – Chiropractor
September 15, 2008 Marc J. Novom, M.D. – Neurologist
September 17, 2008 Michael A. Weiner, M.D. – Plastic/Hand Surgeon
September 24, 2008 Ellen O’Brien, M.D. – Orthopedic Surgeon
September 25, 2008 Paul A. Cederberg, M.D. - Orthopedic Surgeon
September 27, 2008 Steven P. Friedel, M.D. – Orthopedic Surgeon
September 29, 2008 William D. Moore, M.D. – Orthopedic Surgeon
October 3, 2008 Michael W. Orth, M.D. – Orthopedic Surgeon
October 7, 2008 William R. Klemme, M.D. – Orthopedic Surgeon
October 7, 2008 Thomas W. Grossman, Jr., M.D. – Orthopedic Surgeon
October 13, 2008 Stephen E. Barron, M.D. – Orthopedic Surgeon
October 14, 2008 Stephen E. Barron, M.D. – Orthopedic Surgeon
October 21, 2008 Thomas W. Grossman, Jr., M.D. – Orthopedic Surgeon
October 22, 2008 William T. Monacci, M.D. – Neurosurgeon
October 29, 2008 Paul A. Cederberg, M.D. - Orthopedic Surgeon

Lakewood
Call for dates William D. Moore, M.D. – Orthopedic Surgeon

Duluth, MN(Superior)
September 2, 2008 Paul A. Cederberg, M.D. - Orthopedic Surgeon
September 17, 2008 Stephen E. Barron, M.D. – Orthopedic Surgeon
October 7, 2008 Paul A. Cederberg, M.D. - Orthopedic Surgeon
October 24, 2008 Stephen E. Barron, M.D. – Orthopedic Surgeon

Eau Claire
September 2, 2008 Stephen E. Barron, M.D. – Orthopedic Surgeon
September 8, 2008 Kevin J. Kulwicki, M.D. – Orthopedic Surgeon
September 10, 2008 Thomas A. Lyons, M.D. – Neurosurgeon
September 15, 2008 Paul A. Cederberg, M.D. - Orthopedic Surgeon
September 19, 2008 Daniel P. Lochmann, M.D. – Orthopedic Surgeon
September 23, 2008 John M. Williams, Sr., M.D. – Occupational Medicine
September 27, 2008 Ellen O’Brien, M.D. – Orthopedic Surgeon
September 30, 2008 Michael W. Orth, M.D. – Orthopedic Surgeon
October 7, 2008 Stephen E. Barron, M.D. – Orthopedic Surgeon
October 16, 2008 Michael A. Weiner, M.D. – Plastic/Hand Surgeon
October 22, 2008 Thomas A. Lyons, M.D. – Neurosurgeon
October 22, 2008 Paul A. Cederberg, M.D. - Orthopedic Surgeon

Kenosha
September 23, 2008 Thomas W. Grossman, Jr., M.D. – Orthopedic Surgeon

LaCrosse/Tomah
September 6, 2008 Ellen O’Brien, M.D. – Orthopedic Surgeon
September 24, 2008 Paul L. Liebert, M.D. – Orthopedic Surgeon
September 26, 2008 Stephen E. Barron, M.D. – Orthopedic Surgeon
October 24, 2008 Paul A. Cederberg, M.D. - Orthopedic Surgeon
October - call Daniel P. Lochmann, M.D. – Orthopedic Surgeon

Madison
September 12, 2008 Stephen E. Barron, M.D. – Orthopedic Surgeon
September 15, 2008 Michael C. Reineck, M.D. – Orthopedic Surgeon
September 17, 2008 William D. Moore, M.D. – Orthopedic Surgeon
September 17, 2008 Thomas A. Lyons, M.D. – Neurosurgeon
September 20, 2008 Thomas J. O’Brien, M.D. – Ortho. Surgeon/Spine Specialist
September 24, 2008 Marc J. Novom, M.D. – Neurologist
September 25, 2008 Paul A. Cederberg, M.D. - Orthopedic Surgeon
September 26, 2008 James C. Foster, M.D., MPH – Occupational Medicine
October 1, 2008 William D. Moore, M.D. – Orthopedic Surgeon
October 1, 2008 Morris M. Soriano, M.D. – Neurosurgeon
October 10, 2008 Sridhar V. Vasudevan, M.D. – Physical Medicine & Rehab
October 14, 2008 Thomas W. Grossman, Jr., M.D. – Orthopedic Surgeon
October 14, 2008 James C. Foster, M.D., MPH – Occupational Medicine
October 15, 2008 Thomas A. Lyons, M.D. – Neurosurgeon
October 16, 2008 Stephen E. Barron, M.D. – Orthopedic Surgeon
October 29, 2008 Paul A. Cederberg, M.D. - Orthopedic Surgeon
Call for Dates David H. Bartlett, M.D. – Ortho Surgeon – Knees & Shoulders
Call for Dates James E. Self, M.D. – Orthopedic Surgeon
Call for Dates Michael A. Weiner, M.D. – Plastic/Hand Surgeon
Call for Dates Dan B. Futch, D.C. - Chiropractor

Milwaukee
September 11, 2008 Stephen E. Barron, M.D. – Orthopedic Surgeon
September 18, 2008 Michael A. Weiner, M.D. – Plastic/Hand Surgeon
September 19, 2008 Thomas J. O’Brien, M.D. – Ortho. Surgeon/Spine Specialist
September 22, 2008 Michael C. Reineck, M.D. – Orthopedic Surgeon
September 24, 2008 William D. Moore, M.D. – Orthopedic Surgeon
September 24, 2008 Paul A. Cederberg, M.D. - Orthopedic Surgeon
September 30, 2008 Thomas W. Grossman, Jr., M.D. – Orthopedic Surgeon
October 2, 2008 Steven P. Friedel, M.D. – Orthopedic Surgeon
October 8, 2008 William D. Moore, M.D. – Orthopedic Surgeon
October 13, 2008 Thomas A. Lyons, M.D. – Neurosurgeon
October 15, 2008 Stephen E. Barron, M.D. – Orthopedic Surgeon
October 20, 2008 James C. Foster, M.D., MPH – Occupational Medicine
October 22, 2008 William T. Monacci, M.D. – Neurosurgeon
October 29, 2008 Michael W. Orth, M.D. – Orthopedic Surgeon
Call for Dates J. Jay Goodman, M.D. – General/Vascular Surgeon
Call for Dates Gary N. Guten, M.D. – Orthopedic Surgeon – Knee Specialist
Call for Dates Mark R. Aschliman, M.D. – Orthopedic Surgeon
Call for Dates Anthony A. Ferguson, M.D. – Ortho Surgeon - Foot/Ankle

Plainfield
September 23, 2008 James C. Foster, M.D., MPH – Occupational Medicine
October 13, 2008 James C. Foster, M.D., MPH – Occupational Medicine

Wausau
September 3, 2008 Stephen E. Barron, M.D. – Orthopedic Surgeon
September 10, 2008 Thomas A. Lyons, M.D. – Neurosurgeon
September 16, 2008 Paul A. Cederberg, M.D. - Orthopedic Surgeon
October 1, 2008 Michael W. Orth, M.D. – Orthopedic Surgeon
October 6, 2008 William R. Klemme, M.D. – Orthopedic Surgeon
October 13, 2008 Stephen E. Barron, M.D. – Orthopedic Surgeon
October 15, 2008 Michael A. Weiner, M.D. – Plastic/Hand Surgeon
October 18, 2008 Steven P. Friedel, M.D. – Orthopedic Surgeon
October 21, 2008 Sridhar V. Vasudevan, M.D. – Physical Medicine & Rehab
October 22, 2008 Thomas A. Lyons, M.D. – Neurosurgeon
October 23, 2008 Paul A. Cederberg, M.D. - Orthopedic Surgeon
October 29, 2008 Marc J. Novom, M.D. – Neurologist"

"May/June 2008
***
Appleton / Green Bay / Oshkosh / Neenah
May 3, 2008 Steven P. Friedel, M.D. – Orthopedic Surgeon
May 7, 2008 Marc J. Novom, M.D. – Neurologist
May 14, 2008 Michael A. Weiner, M.D. – Plastic/Hand Surgeon
May 15, 2008 Stephen E. Barron, M.D. – Orthopedic Surgeon
May 15, 2008 William B. Kelley, M.D. – General Surgeon
May 23, 2008 Sridhar V. Vasudevan, M.D. – Physical Medicine & Rehab
May 27, 2008 Thomas W. Grossman, Jr., M.D. – Orthopedic Surgeon
May 29, 2008 Paul A. Cederberg, M.D. - Orthopedic Surgeon
May 29, 2008 William R. Klemme, M.D. – Orthopedic Surgeon
May 30, 2008 William T. Monacci, M.D. – Neurosurgeon
June 2, 2008 William D. Moore, M.D. – Orthopedic Surgeon
June 6, 2008 Sridhar V. Vasudevan, M.D. – Physical Medicine & Rehab
June 7, 2008 William D. Moore, M.D. – Orthopedic Surgeon
June 9, 2008 Steven P. Friedel, M.D. – Orthopedic Surgeon
June 10, 2008 Thomas W. Grossman, Jr., M.D. – Orthopedic Surgeon
June 10, 2008 Stephen E. Barron, M.D. – Orthopedic Surgeon
June 16, 2008 William D. Moore, M.D. – Orthopedic Surgeon
June 23, 2008 William D. Moore, M.D. – Orthopedic Surgeon
June 24, 2008 Thomas W. Grossman, Jr., M.D. – Orthopedic Surgeon
July 1, 2008 William R. Klemme, M.D. – Orthopedic Surgeon
July 3, 2008 Michael W. Orth, M.D. – Orthopedic Surgeon

Lakewood
Call for dates William D. Moore, M.D. – Orthopedic Surgeon

Duluth, MN(Superior)
May 5, 2008 Paul A. Cederberg, M.D. - Orthopedic Surgeon
May 16, 2008 Randal Wojciehoski, D.O., DPM – Internal/ER Medicine/Podiatry
May 20, 2008 Stephen E. Barron, M.D. – Orthopedic Surgeon
June 2, 2008 Paul A. Cederberg, M.D. - Orthopedic Surgeon
June 24, 2008 Stephen E. Barron, M.D. – Orthopedic Surgeon

Eau Claire
May 5, 2008 Michael W. Orth, M.D. – Orthopedic Surgeon
May 8, 2008 Stephen E. Barron, M.D. – Orthopedic Surgeon
May 9, 2008 Daniel P. Lochmann, M.D. – Orthopedic Surgeon
May 10, 2008 Kevin J. Kulwicki, M.D. – Orthopedic Surgeon
May21, 2008 Paul A. Cederberg, M.D. - Orthopedic Surgeon
May 22, 2008 Thomas A. Lyons, M.D. – Neurosurgeon
May 28, 2008 Ellen O’Brien, M.D. – Orthopedic Surgeon
June 4, 2008 Stephen E. Barron, M.D. – Orthopedic Surgeon
June 4, 2008 Randal Wojciehoski, D.O., DPM – Internal/ER Medicine/Podiatry
June 7, 2008 Kevin J. Kulwicki, M.D. – Orthopedic Surgeon
June 9, 2008 Thomas A. Lyons, M.D. – Neurosurgeon
June 12, 2008 Michael A. Weiner, M.D. – Plastic/Hand Surgeon
June 18, 2008 Paul A. Cederberg, M.D. - Orthopedic Surgeon
June 20, 2008 Daniel P. Lochmann, M.D. – Orthopedic Surgeon
June 30, 2008 Michael W. Orth, M.D. – Orthopedic Surgeon

Kenosha – NEW LOCATION
May 19, 2008 Thomas W. Grossman, Jr., M.D. – Orthopedic Surgeon

LaCrosse/Tomah
May 21, 2008 Ellen O’Brien, M.D. – Orthopedic Surgeon
May 30, 2008 Stephen E. Barron, M.D. – Orthopedic Surgeon
June 13, 2008 Daniel P. Lochmann, M.D. – Orthopedic Surgeon
June 27, 2008 Paul A. Cederberg, M.D. - Orthopedic Surgeon

Madison
May 5, 2008 David A. Solfelt, M.D. – Orthopedic Surgeon
May 6, 2008 Thomas W. Grossman, Jr., M.D. – Orthopedic Surgeon
May 14, 2008 Morris M. Soriano, M.D. – Neurosurgeon
May 14, 2008 William D. Moore, M.D. – Orthopedic Surgeon
May 16, 2008 Stephen E. Barron, M.D. – Orthopedic Surgeon
May 19, 2008 David A. Solfelt, M.D. – Orthopedic Surgeon
May 21, 2008 Thomas A. Lyons, M.D. – Neurosurgeon
May 29, 2008 Paul A. Cederberg, M.D. - Orthopedic Surgeon
May 29, 2008 James C. Foster, M.D., MPH – Occupational Medicine
June 3, 2008 Thomas W. Grossman, Jr., M.D. – Orthopedic Surgeon
June 4, 2008 Marc J. Novom, M.D. – Neurologist
June 11, 2008 Stephen E. Barron, M.D. – Orthopedic Surgeon
June 13, 2008 John S. Xenos, M.D. – Orthopedic Surgeon
June 13, 2008 Sridhar V. Vasudevan, M.D. – Physical Medicine & Rehab
June 21, 2008 Thomas J. O’Brien, M.D. – Ortho. Surgeon/Spine Specialist
Call for Dates David H. Bartlett, M.D. – Ortho Surgeon – Knees & Shoulders
Call for Dates James E. Self, M.D. – Orthopedic Surgeon
Call for Dates Michael A. Weiner, M.D. – Plastic/Hand Surgeon
Call for Dates Dan B. Futch, D.C. - Chiropractor

Milwaukee
May 12, 2008 Steven I. Grindel, M.D. – Orthopedic Surgeon
May 12, 2008 Thomas W. Grossman, Jr., M.D. – Orthopedic Surgeon
May 14, 2008 Stephen E. Barron, M.D. – Orthopedic Surgeon
May 15, 2008 Michael A. Weiner, M.D. – Plastic/Hand Surgeon
May 19, 2008 J. Christopher Noonan, M.D. – Orthopedic Surgeon
May 19, 2008 Thomas A. Lyons, M.D. – Neurosurgeon
May 20, 2008 William D. Moore, M.D. – Orthopedic Surgeon
May 20, 2008 Thomas W. Grossman, Jr., M.D. – Orthopedic Surgeon
May 27, 2008 Timothy S. O’Brien, M.D. – Orthopedic Surgeon
May 31, 2008 William T. Monacci, M.D. – Neurosurgeon
June 6, 2008 Michael W. Orth, M.D. – Orthopedic Surgeon
June 7, 2008 Steven P. Friedel, M.D. – Orthopedic Surgeon
June 9, 2008 Stephen E. Barron, M.D. – Orthopedic Surgeon
June 9, 2008 Mark R. Aschliman, M.D. – Orthopedic Surgeon
June 14, 2008 John S. Xenos, M.D. – Orthopedic Surgeon
June 17, 2008 Thomas W. Grossman, Jr., M.D. – Orthopedic Surgeon
June 20, 2008 Thomas J. O’Brien, M.D. – Ortho. Surgeon/Spine Specialist
July 7, 2008 J. Christopher Noonan, M.D. – Orthopedic Surgeon
Call for Dates J. Jay Goodman, M.D. – General/Vascular Surgeon
Call for Dates Gary N. Guten, M.D. – Orthopedic Surgeon – Knee Specialist
Call for Dates Mark R. Aschliman, M.D. – Orthopedic Surgeon
Call for Dates Anthony A. Ferguson, M.D. – Ortho Surgeon - Foot/Ankle

Plainfield
June 26, 2008 James C. Foster, M.D., MPH – Occupational Medicine

Wausau
May 6, 2008 Michael W. Orth, M.D. – Orthopedic Surgeon
May 9, 2008 Stephen E. Barron, M.D. – Orthopedic Surgeon
May 10, 2008 Kevin J. Kulwicki, M.D. – Orthopedic Surgeon
May 22, 2008 Thomas A. Lyons, M.D. – Neurosurgeon
May 22, 2008 Paul A. Cederberg, M.D. - Orthopedic Surgeon
May 28, 2008 William R. Klemme, M.D. – Orthopedic Surgeon
May 30, 2008 Sridhar V. Vasudevan, M.D. – Physical Medicine & Rehab
June 5, 2008 Stephen E. Barron, M.D. – Orthopedic Surgeon
June 7, 2008 Kevin J. Kulwicki, M.D. – Orthopedic Surgeon
June 9, 2008 Thomas A. Lyons, M.D. – Neurosurgeon
June 11, 2008 Michael A. Weiner, M.D. – Plastic/Hand Surgeon
June 16, 2008 Marc J. Novom, M.D. – Neurologist
June 19, 2008 Paul A. Cederberg, M.D. - Orthopedic Surgeon
June 27, 2008 Sridhar V. Vasudevan, M.D. – Physical Medicine & Rehab
June 30, 2008 William R. Klemme, M.D. – Orthopedic Surgeon
July 1, 2008 Michael W. Orth, M.D. – Orthopedic Surgeon
July 12, 2008 Kevin J. Kulwicki, M.D. – Orthopedic Surgeon"

One last interesting thing is the company's Printable Request for Service Form - Liability/No-Fault/Personal Injury. If I were deposing one of these doctors, I'd certainly want to see a copy of the one completed by the insurance defense lawyer. Here's the "SPECIFIC ISSUES TO BE ADDRESSED" questions the defense lawyer fills out by checking a box next to the applicable number(s) on the personal injury form:

"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."

Once a box is checked, what do you think the doctor writes in the "IME" report?

Wisconsin Personal Injury Lawyer

Accident insurers put on the boxing gloves

I saw this from the American Association for Justice and it says what you need to know about Allstate and car accident insurers listed as the worst insurers, like Farmers, Liberty Mutual and State Farm. I might add Progressive, American Family and Sentry Insurance. Car accident insurance companies really want:

~ Premiums not claims
~ To deter valid lawsuits
~ The public to think lawsuits are bogus
~ You to feel guilty for making legitimate claims
~ You to say "I'm not the kind of person who files a lawsuit"
~ Jurors to think plaintiffs are dishonest
~ Your rights minimized and theirs preserved
~ Verdicts for damages to be less than fair
~ Caps on damages
~ And judges who won't hold them accountable.

Wisconsin Personal Injury Lawyer

Worst Insurance Companies

No surprise here that Allstate tops the list of the Worst Insurers for Consumers. Among others listed are Farmers, Liberty Mutual, and State Farm. The report described in the news article confirms much of what I've said about insurers. Buyer beware.

Wisconsin Personal Injury Attorney

Allstate's issues continue

Allstate cuts deal on excess charges in Texas, insureds come last and profits come first. Not a surprise.

Wisconsin Personal Injury Lawyer

Allstate's Obstructing Justice

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

Wisconsin's Business Climate

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

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

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.

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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