Wisconsin Records Laws

Wisconsin personal injury litigation often involves a variety of records kept in the ordinary course of business. Generally, one waives certain rights when bringing a personal injury lawsuit. Nevertheless, the following laws may be of interest:

Arrest or conviction records Wis. Stat. 111.335
Cable television Wis. Stat. 134.43
Credit reporting & investigation Wis. Stats. 423.402
Credit card information Wis. Stat. 423.401
Electronic surveillance Wis. Stat. 968.29
Employment records Wis. Stat. 103.13
Insurance records Wis. Stat. 631.89
Library records Wis. Stat. 43.30
Medical Records Wis. Stat. 146.82
Access to patient health care records Wis. Stat. 146.83
Privacy statute Wis. Stat. 895.50
Privileged communications Wis. Stat. 885.205
School records Wis. Stat. 118.125
Tax records Wis. Stat. 71.78

Wisconsin Personal Injury Attorney

Doctors Class-Action Lawsuit Against Insurers

Just so you understand the hypocrisy, doctors can sue insurance companies when they feel there's been an injustice and insurers can sue doctors similarly, but both doctors and insurers want goverment to pass laws limiting your rights and ability to seek justice.

Wisconsin Personal Injury Lawyer

Wisconsin Bus Accident - How to protect yourself

Today, there was a tragic tour bus accident in Waupaca,Wisconsin involving at least one wrongful death. It appears that this bus accident may not have been the fault of the tour bus driver involved but was likely caused by an 18-year old driver. Since it's unlikely that the 18-year old has enough car insurance to cover her liability, this is precisely why everyone needs to carry a significant amount of underinsured motorist coverage for protection in a Wisconsin car accident. See my Wisconsin car insurance page to find out more about what protects us from bad drivers, why a $100,000 limit isn't high enough, and more including a discussion of “umbrella” insurance.

Wisconsin Personal Injury Lawyer

Insurance Journal: "Tort Crisis Overblown..."

Insurance Journal, one of the insurance industries' major periodicals, published this story May 17, 2005. The story discusses a new study by a totally independent think tank, the Economic Policy Institute, which shows "There is no credible evidence to link the tort system either to the economic ills its critics claim or to the benefits they argue would be produced by altering it." The story describes how the study finds that the "so-called tort litigation crisis is based on 'wildly overstated cost estimates that have been widely cited by lawmakers and the media as support for calls for legal change.'"

The study further states: "The insurance consultants have spun a few high-profile but unrepresentative incidents into a horror story that is almost entirely unsupported by the facts." For those interested in the details, the actual study is mandatory reading especially for lawyers like me who want to get the truth out to the public.


Wisconsin Personal Injury Lawyer

Wisconsin Lawyers Justice Capped Report

Wisconsin lawyers recently co-published the Justice Capped report confirming the truth regarding medical malpractice in Wisconsin. The report sets forth facts showing that:
(1) Medical Malpractice insurance premiums in Wisconsin are the lowest in the nation at just 40 cents out of each $100 spent on health care; and
(2) Despite this tiny cost, health care insurance premiums in Wisconsin are the 2nd highest in the nation.
The report again confirms big businesses and insurers' endless lies for profits and the ceaseless effort to deter legitimate victims' lawsuits and jury verdicts while demonizing personal injury lawyers.

Wisconsin Personal Injury Lawyer

Avoid Telemarketers

If you get as annoyed as I do by telemarketers, then go to www.donotcall.gov a federal "Do Not Call" list and register the numbers you don't want them calling.

Wisconsin Personal Injury Lawyer

Scaphoid Fractures, Colles Fracture & Broken Hands

Scaphoid Fractures, Colles Fracture & Broken Hands

In researching scaphoid fractures - because a client broke his wrist bone in a car accident - I ran across E-hand, which discusses broken wrists, scaphoid fractures and colles fractures. E-hand is a good resource for personal injury attorneys and others researching traumatic wrist and hand injuries like fractures, dislocations, ligament injuries, tendon ruptures, nerve damage, avulsion injuries or amputations.


Wisconsin Personal Injury Lawyer

Herniated disk, who's the doctor reading your MRI?

Doctors jobs are now being outsourced to foreign countries. It could be that the herniated cervical disk caused by that car accident was diagnosed by an overseas physican. Before undergoing that cervical fusion for the herniated disk in your neck, you may want to look into whether your hospital outsourced like this one. What's next, remote controlled spine surgery?


Wisconsin Personal Injury Lawyer

Insurance Industry ad on Lawyers

Insurance Industry Ad Makes Fishy Claim About Lawyers is from Factcheck.org, an independent non-partisan think tank (e.g. recent articles are Rigged "Calculator" talking about Democrats using false assumptions in discussing privatizing Social Security and Recycled Exaggerations dealing with conservatives overstating Social Security's shortfall). Some may think I overstate things with respect to attacks on personal injury lawyers, but the article is another example of how insurance companies and their political allies try to get you to give up your legal rights to help them profit.

Wisconsin Personal Injury Attorney

How to Demonize Personal Injury Lawyers

How to Demonize Personal Injury Lawyers

Personal injury lawyers are easy targets if you know how to propagate the infomercial. Here's the seminal "how to" on demonizing personal injury lawyers. It's by Frank Luntz, strategist for Corporate America's Chamber of Commerce and National Association of Manufacturers, which hate personal injury lawyers:

- Think "creeps, bottom--feeders, overpaid, and evil" when you hear "personal injury lawyers;"
- Don't think personal injury lawyers help "Individuals who have been wrongly injured [to get] their day in court;" and
- Don't think personal injury attorneys help individuals get "justice and fairness."

Fortunately, as Luntz notes, "The B.S. meter of the average American voter is high" and they seem to have recognized that Corporate America tends to "overstate the impact of lawsuit abuse." Now that's an understatement.

Wisconsin Personal Injury Lawyer

Insurance Companies Post Record Profits

Insurance companies are making incredible sums of money these days. Insurers profits are up 29% over 2003 with insurance companies posting profits of $38,700,000,000.00. That's $38.7 BILLION DOLLARS for insurers.

So, the next time your hear someone, like this guy, The Manhattan Institute, or other Tort Reform groups ramble on about "horror stories" involving "skyrocketing costs of insurance," "parks closing due to the costs of liability insurance," "a litigation explosion," and "liberal judges" or hear a claim that "This nation faces a liability insurance crisis" and needs to "reform the civil justice system," "limit non-economic damages (such as pain and suffering, mental anguish, or punitive damages)," "reduce awards," and curtail "the litigious nature of the American public," you better just laugh out loud as I do.

Wisconsin Personal Injury Lawyer

Wisconsin Personal Injury Lawyers Blog Nominated

Wisconsin Personal Injury Lawyers Blog was nominated for "mke blog of the week" so if you're inclined go vote for it. I may myself, but I'm considering a vote for The Provincial Emails published by Wisconsin attorney, Terrence Berres, employed by American Family Mutual Insurance. I'm sure we have differing opinions on some subjects but admire his web savvy nature and strong faith. I also like his Wisconsin Safe Place Law, which may be helpful to Wisconsin lawyers.

P.S. I hope Terrence got a cut of that $564,400,000.00 raked in by American Family last year!

Wisconsin Personal Injury Lawyer

Train Crash shows dangers of unguarded crossings

A train crash involving a minivan and Canadian Pacific train Sunday killed four Wisconsin residents showing the danger of unguarded railroad crossings. For 5 years, Rodney Kreunen, Wisconsin's railroad commissioner has apparently been trying to close this unguarded "humper" train crossing according to the Milwaukee Journal Sentinel article discussing the train crash. With current technologies, it seems clear that negligence caused the deaths resulting from this train accident.

Wisconsin Train Accident Lawyer

Lawyers & Web Matching Companies

Lawyers on the Internet are frequently contacted by sales people from web outfits offering to "put them in contact with" prospective clients. See, for example, an extensive interactive discussion of www.legalmatch.com on attorney Matthew Homan's Nonbillablehour Blog.

Today (April 6th), I was contacted by a sales person, Robert Yokum of Los Angeles, on behalf of one such organization known as www.legalfish.com, which he said is based in Chicago. When I asked Mr. Yokum about the potential legal and ethical implications of legalfish's "pay if you accept a case" approach, all he said was that there were "many others out there doing this." I found no comfort in this response and find it hard to believe anyone would, especially lawyers.

Wisconsin Personal Injury Lawyers Blog isn't interactive so I thought it only fair to note that I was contacted today (April13th) by legalfish VP Randy Revoyr who told me that legalfish's model is better described as "month to month advertising with a guarantee" - the guarantee being you'll get a case from using legalfish or they'll waive that month's fee. I'm still not comfortable with it, but post this for the information of other lawyers.


Wisconsin Personal Injury Lawyer

Wisconsin Personal Injury Lawyers Send Letters

Wisconsin personal injury lawyers sometimes advertise to potential clients sending those involved in accidents direct mail. I recently read a Milwaukee Journal Sentinel article commenting on this and though the writer had one or two fair points, he went too far describing law firms sending those letters as "bloodsucking." I agree with the comments of one Wisconsin attorney who said "This has all become a big marketing circus."

Wisconsin Personal Injury Lawyer

American Family Insurance Raking in Profits & Premiums

American Family Insurance rakes it in!

American Family Insurance is a Wisconsin insurer selling liability insurance such as car, boat, homeowners, motorcycle and umbrella insurance policies as well as business insurance and other insurance. American Family Insurance is the largest liability insurer in Wisconsin.

American Family Insurance yesterday reported net profits of $564,400,000.00 for 2004. That's up 263% compared to American Family's 2003 net profit of $155,400,000.00. American Family's net profits in prior years were $58,200,000.00 in 2002, $100,400,000.00 in 2001, and $236,700,000.00 in 2000. Media spin is found in Milwaukee's Business Journal article or the Wisconsin State Journal article or you could even read propaganda by American Family.

What you will likely never see is:
~ It admit there's no litigation explosion or insurance crisis
~ A confession that "Tort Reform" only increases insurer profits
~ Premiums go down despite huge profits year after year
~ Legal rights restored after "Tort Reform" is passed
~ How minute the true number of "frivolous lawsuits" is
~ That there's no "jackpot justice" or "lottery" in Wisconsin
~ $$ anti-justice politicians get from American Family & insurers
~ Insurers stating how unfair damage caps (juries are not told about) are in Wisconsin


Wisconsin Personal Injury Lawyer

Wisconsin Jury Verdicts, Class Actions & CEOs

Rather than limiting class actions that protect consumers from bad CEOs - e.g. Enron, Worldcom, etc. - perhaps the government ought to work on laws limiting CEO compensation. Today's news shows '04 CEO compensation at $4,419,300.00 a year. Work 10-15 years and you too can have $44,193,000.00 to $66,289,500.00. Bottom line CEOs, don't come whining about a Wisconsin jury verdict award of $17,000,000.00 to a quadriplegic or a jury verdict award of $3,900,000.00 to a woman suffering chronic pain from a herniated disk.


Wisconsin Personal Injury Lawyer

Injury Treatment Comparison Shopping?

Wisconsin's PricePoint lets Wisconsin residents compare hospital charges for procedures. Charges shown don't include physicians fees, like surgeons or anesthesiologists, but it's somewhat helpful for those with high-deductibles to cost-compare hospitals.

Trauma patients would need to know hospital prices ahead of time and be in an urban area to have a choice, but it may be helpful for elective surgery. For example, one may cost compare major surgery, like hip replacement surgery, knee surgery, ankle surgery and foot surgery at Waukesha County hospitals like Community Memorial Hospital in Menomonee Falls, Wisconsin; Elmbrook Memorial Hospital in Brookfield, Wisconsin; Oconomowoc Memorial Hospital in Oconomowc, Wisconsin; and Waukesha Memorial Hospital, Waukesha, Wisconsin.

PricePoint is a nice idea but the reality is healthcare isn't a commodity that's easily shopped, but a complex and expensive service we all pay for through private health insurance and taxes, like Medicare and Medicaid, and according to recent studies, health insurers and government healthcare dictate costs more than anything.

Wisconsin Personal Injury Lawyer

Corporate America gets a license to kill

Corporate America gets a license to kill, Bush Tort Reform Executive Clemency For Executive Killers. Sadly, many Americans won't notice until a loved one dies from an injury or illness, like Mesothelioma.


Wisconsin Personal Injury Lawyer

Wisconsin lawyers for wills, estates, probate & trusts

Wrongful death cases sometimes lead me to work with Wisconsin lawyers that focus on probate and estate work. I also get personal injury clients referred to me by attorneys who handle Wisconsin wills, estates, probate and trusts. More often though, I get calls from clients or friends who need help probating a Wisconsin will, trust or planning for the future. So for those who need direction I created Wisconsin wills, estates, probate & trusts.


Wisconsin Attorney

Asbestos Trust Fund Can't be Trusted

Mesothelioma lung cancer continues to kill thousands in Wisconsin and the U.S. Asbestos in Wisconsin has touched many families who's loved ones have died but it has also touched big business and insurance corporations, which have been forced by trial lawyers to take responsibility for the deaths.

Mesothelioma cases cost these companies a lot of money, which they don't like to pay families of the victims of asbestos. Thus, to avoid responsibility big business lobbied the President and Congress with millions to get an asbestos bail out and take away the rights of those dying from mesothelioma.

It's likely most won't care until it's their mom, dad, grandpa or grandma who dies, but I urge all to take a little action here before it's too late and tell your Senator not to trust the "asbestos trust fund."

Wisconsin Mesothelioma Lawyer

Wisconsin Tax Law

Wisconsin personal injury lawyers don't like taxes too high either and since Wisconsin property taxes are in the news here's some data from a non-partisan source comparing state taxes. Tax Foundation publishes state tax information and shows Wisconsin had the 6th highest tax burden of all 50 states in 2004. Note to those political types, it's not a Blue vs. Red state issue. Among the Top 20 states with the highest taxes, these are split 50-50 Blue-Red, and Illinois, a Blue state very close to Wisconsin, which also has a Blue legislature and Blue governor, only has the 32nd highest tax burden.

Wisconsin Personal Injury Lawyer

Insurers Denying Tsunami Claims

While "tort reform" advocates yap about trial lawyers trying to convince Americans that those dying a suffocating death from mesothelioma should not recover damages from asbestos companies or that those mamed by a negligent doctor should not recover all their damages, insurance companies pushing for tort reform are busy denying tsunami claims.

Today, Charles Kuralt and Sunday Morning updated viewers on the tsunami catastrophe in Southeast Asia. One hotel owner explained how his insurer denied his flood insurance claim. The claim denial was based on the fact that the flood was caused by a tsunami that was caused by an earthquake hundreds of miles away and the hotel had no earthquake insurance. Soon enough people will see that insurers' profits, failure to pay valid claims and high rates, are the real threat to small business and the public rather than trial lawyers who really protect the public.

Wisconsin Personal Injury Lawyer

Wisconsin car accidents

Milwaukee's weather forecast calls for the season's first winter snow storm. During winter, car accidents in Wisconsin are quite common. Avoid your own Wisconsin car accidents by:
~ carefully managing and controlling your car;
~ making sure you car is maintained well and its equipment working properly;
~ keeping a careful lookout; and
~ avoiding driving too close and too fast.

Wisconsin Car Accident Lawyer

Vioxx & Risky Drugs not Recalled

Vioxx is now off the market in Wisconsin and elsewhere having been subject to recall. Though Vioxx was known for years to pose a serious risk of heart attack and stroke, Merck still sold Vioxx. BusinessWeek has an article discussing this, which also gives readers The Inside Dope On Drugs other than Vioxx.

Wisconsin Personal Injury Attorney

Blue Cross Sues Doctors

Instead of worrying about fewer and fewer medical malpractice cases being filed each year, Wisconsin doctors should be more concerned about lawsuits like the one recently filed by Blue Cross Blue Shield which is suing doctors for not joining its PPO network in Montana. Someday doctors will figure out that it's not victims' lawyers taking their money but the insurance companies.

Wisconsin Personal Injury Lawyer

Eliot Spitzer for U.S. Attorney General

New York Attorney General Eliot Spitzer should be the U.S. Attorney General. Spitzer is the greatest ally consumers have in the U.S. Watch for the truth about the insurance industry to surface as he exposes liability insurance companies like Hartford, AIG, and ACE, insurance broker Marsh & McLennan, and disability and health insurance outfits like Cigna, Coventry, First Health Anthem, UnumProvident, Aetna and UnitedHealth. Insurers and politicians they support have wrongly pointed to personal injury lawyers as the source of high rates, but the truth will come out with Eliot Spitzer proving it.

Wisconsin Personal Injury Lawyer

Insurance Corruption

As far back as November 2002, I raved about Eliot Spitzer being a true legal hero and a trial lawyer standing up for the public. I've also informed readers about AIG and its obnoxious CEO Maurice Greenberg. For a long time, Greenberg has lied about the tort system and called for "tort reform" that would help him and his company profit at the expense of those suffering injuries at the hands of another's negligence. Finally, the two have met in an insurance corruption case. Perhaps, the public will now learn the truth about insurance companies and stop believing the lies consistently told by some about "tort reform."

Wisconsin Personal Injury Lawyer

Frivolous Lawsuits

Frivolous lawsuits filed by out-of-control personal injury trial lawyers! This was the T.V. ad that caught my attention this morning along with bright images against a dark background flashing the words "frivolous lawsuit" and "personal injury trial lawyer." Here's an article about the message. What is an “out-of-control personal injury trial lawyer?” And why would any "personal injury trial lawyer" file a "frivolous lawsuit?" Seems pretty foolish since we only get paid when if they win. Frivolous lawsuit talk big business is typical, but ironic given that businesses file four times as many lawsuits as individuals represented by trial attorneys and judges find such businesses engage in frivolous litigation far more often than individuals. It's common sense though if you realize that business lawyers get paid to litigate and personal injury lawyers only get paid to win.

Wisconsin Personal Injury Lawyer

Vioxx

Vioxx was finally recalled yesterday. Vioxx was known for years to pose a triple of risk of cardiovascular adverse events like heart attacks. The American Heart Association, National Stroke Association and Arthritis Foundation asked Merck, the drug's manufacture, to test whether Vioxx increased the risk of heart attacks and strokes. On September 17, 2001, the FDA sent Merck a "Warning Letter" that required Merck to stop misleading marketing of Vioxx.

Wisconsin Personal Injury Lawyer

Tort Reform

Tort Reform is a label the Chamber of Commerce and other corporations like Wal-Mart and Home Depot have put on legislative proposals meant to punish people by taking away victim's rights when it comes to the civil justice system. Tort Reform outfits like the American Tort Reform Association are creating such proposals in order to protect corporate profits at the expense of individuals harmed by the negligence of corporations. An outstanding website www.corpreform.com is dedicating itself to exposing the truth about tort reform. Use it to learn more about tort reform.


Wisconsin Personal Injury Lawyer

Attorneys & the law

Attorney Clarence Darrow once said "The law does not pretend to punish everything that is dishonest. That would seriously interfere with business." I wish members of Congress understood this better instead of playing politics with your constitutional rights.

Wisconsin Personal Injury Attorney

Malpractice & high costs are not related

Explosive medical care costs are the cover story in today's Milwaukee Journal-Sentinel. The story relates to a federal report written to Wisconsin Republican Congressman Paul Ryan. The report specifies the reasons why we have high medical costs and medical malpractice litigation is not a reason.

Wisconsin Personal Injury Lawyer

Wrong Number Scam

Stock market con artists are pumping penny stocks (garbage) by using a "wrong number" scam. The SEC warned today that the scam is sweeping the country and involves small thinly traded stocks. The message is from a woman who claims to be calling a friend and is confiding "inside information" about a stock that will "shoot up." It's a scam that people are falling for and anyone getting the call should keep the name of the stock, the date and time of the call, the number called, and the number from which the call was made, if available. E-mail the info to Enforcement@sec.gov or call 1-800-SEC-0330.

Wisconsin Personal Injury Lawyer

Sam's Club E. coli Recall in Waukesha, Wisconsin

E. coli bacteria hit close to home striking patrons of Sam's Club in Waukesha, Wisconsin, which I shop at. Yesterday, Carneco Foods of Columbus, Nebraska (a venture between Tyson Foods and Carneco Holdings) recalled 497,000lbs of frozen ground beef and beef patties that may have the bacteria, which can cause horrible injuries, O157:H7 a strain of E. coli.

Ecoli exposure should send you to the doctor asap for treatment and testing for this strain of Ecoli. I do not recommend contacting Carneco Foods or Sam's Club. Here are the beef products in the Sams Club E. coli recall:

Northern Plains Beef Sirloin and Beef Patties 85/15 (6lb bags, code 17304, Best by 12/18/04), Northern Plains Gourmet Beef Patties (10lb boxes, cde 17304, Best by 12/18/04), Fine Ground Beef 91/09 (8 & 10lb boxes, Sell/Freeze by 7/10/04), and Seasoned Beef Patties (misformed) (7lb boxes, code 17304, Best by 12/18/04).

E. coli O157:H7 is deadly and can cause diarrhea and dehydration. Those needing more info on E Coli or Sams Club E. coli recall can see my firm site's E. coli, Food illnesses & bacteria, and Wisconsin e.coli court decision and aUSDA release, Nebraska Firm Recalls Ground Beef Products For Possible E. coli O157:H7.

Wisconsin E. coli Lawyer

Medical Malpractice & Hospital Errors Kill

Medical malpractice and hospital errors kill hundreds of thousands yet instead of funding programs designed to reduce medical malpractice, medication errors and other negligent acts, some in the federal government talk about limiting responsibility for these. Anyone interested in learning more should see CNN's story today on how Hospital errors cause 195,000 deaths.


Wisconsin Medical Malpractice Lawyer

John Edwards

John Edwards by Joshua Green is a great article showing how personal injury lawyers like John Edwards fight for the innocent against the negligent. Despite what tort reformers would like you to think, for every McDonald's coffee case there are millions of innocent victims wrongfully killed or injured who need and use personal injury lawyers to get justice. A paragraph from Green's article nicely shows us justice obtained by John Edwards:

"The defining case in Edwards' legal career wrapped up that same year. In 1993, a five-year-old girl named Valerie Lakey had been playing in a Wake County, N.C., wading pool when she became caught in an uncovered drain so forcefully that the suction pulled out most of her intestines. She survived but for the rest of her life will need to be hooked up to feeding tubes for 12 hours each night. Edwards filed suit on the Lakeys' behalf against Sta-Rite Industries, the Wisconsin corporation that manufactured the drain. Attorneys describe his handling of the case as a virtuoso example of a trial layer bringing a negligent corporation to heel. Sta-Rite offered the Lakeys $100,000 to settle the case. Edwards passed. Before trial, he discovered that 12 other children had suffered similar injuries from Sta-Rite drains. The company raised its offer to $1.25 million. Two weeks into the trial, they upped the figure to $8.5 million. Edwards declined the offer and asked for their insurance policy limit of $22.5 million. The day before the trial resumed from Christmas break, Sta-Rite countered with $17.5 million. Again, Edwards said no. On January 10, 1997, lawyers from across the state packed the courtroom to hear Edwards' closing argument, "the most impressive legal performance I have ever seen," recalls Dayton. Three days later, the jury found Sta-Rite guilty and liable for $25 million in economic damages (by state law, punitive damages could have tripled that amount). The company immediately settled for $25 million, the largest verdict in state history."

Wisconsin Personal Injury Lawyer

Wisconsin Medical Malpractice Tort Reform

Wisconsin Medical Malpractice tort deform was passed a few years ago by lawmakers. Here's a Milwaukee Journal Sentinel article detailing the effect on one family.


Wisconsin Personal Injury Lawyer

Summerfest

Summerfest in Milwaukee starts in just 2 days. Unfortunately, this great Milwaukee, Wisconsin event sometimes leads to accidents and injuries. Take care at Summerfest while having a good time. Summerfest has good suggestions for safety at Summerfest. Most importantly, don't drive if you have had any alcohol and don't be a passenger with any driver who's had any alcohol. Instead, use public transportation available throughout Milwaukee for Summerfest.

Wisconsin Personal Injury Lawyer

Mesothelioma deaths from asbestos are a national tragedy and a horrific example of this asbestos poisoning tragedy is in Libby, Montana. An Air That Kills: How the Asbestos Poisoning of Libby, Montana, Uncovered a National Scandal is an excellent resource for learning about the asbestos tragedy in Libby.

Did you know -

1,900,000 to 2,400,000 people suffer asbestos-caused illness or death in the next 20 years?

Asbestos is NOT banned in the U.S. and in 2001 the U.S. used, mined & imported 26,000,000 pounds of asbestos?

It seems to me that if the Administration valued life as much as it claims, it would seek to ban asbestos so as to end the deaths from asbestos exposure rather than to ban or limit the rights of those ill or dying. On the national level, there is one Republican, Senator Richard C. Shelby, stands up against so-called absestos litigation reform and those dying of mesothelioma.

Wisconsin Mesothelioma Attorney

Medical Malpractice "Crisis" Claim Cannot be supported

Medical Malpractice is a hot topic made even hotter by physicians and insurers' unsubstantiated claims. Recently, the Pennsylvania Medical Society admitted to making unsubstantiated claims in its effort to convince voters and legislators there was a "medical malpractice crisis" and that patients rights should be limited. Fortunately, justice again prevailed. The medical society said medical malpractice insurance rates drove away thousands of doctors. Yet, the group's chair finally conceded that the state had not lost doctors but in fact gained nearly one thousand physicians in the last two years. Public Citizen, an outstanding pro-justice truth-seeking organization, (as opposed to the devilishly named "Common Good") helped to get this admission. Public Citizen 's most recent report also shows how medical malpractice payments have declined and there have been fewer jury verdicts in medical malpractice. See the Public Citizen site and read its report on facts about medical malpractice.

Wisconsin Personal Injury Lawyer

World Health Organization is concerned about junk food companies aggravating global obesity vis-a-vis exports of high-fat and high-sugar food products. In a recent article, U.S. Catholic reported that restrictions on advertising junk food to kids are being fought. U.S. Catholic's article noted that opponents argue "that WHO policy should emphasize the role of personal responsibility in controlling weight." This 'personal responsibility" theme is recurring too among tort deformers and obviously there is some need for striking a balance, see e.g., overzealous personal injury lawyer.

At some point, however, we need to protect the public. For example, asbestos hazards were known for ages before the government stepped in. Asbestos manufacturers and asbestos makers fought hard to prevent this. The fact is, however, that if government did a solid job of protecting the public from dangerous products Wisconson personal injury attorneys could focus elsewhere.

Wisconsin Personal Injury Lawyer

Wisconsin car insurance & Wisconsin homeowners insurance companies aren't the only Insurers making lots of money

Wisconsin car insurance & Wisconsin homeowners insurance companies aren't only Insurers making lots of money

Insurer profits soar in 2003 according to Business Insurance, a publication aimed at corporate buyers of insurance. According to Business Insurance, U.S. car insurance, homeowners insurance and other property and casualty insurance companies made just shy of $30,000,000,000.00 in PROFITS in 2003. That amount is near TEN TIMES the $3,050,000,000.00 car insurance, homeowners insurance and property and casualty insurance companies made just a year ago. Per that article, these insane profits are related primarily to less "underwriting losses."

Car insurance, homeowners insurance and property and casualty insurance companies definitely stuck it to those of us who PAY PREMIUMS: Per the article, net premiums increased about 10%, to nearly $406,000,000,000.00. Let's see, they raised premiums about $40.6 BILLION and claim to have made $30.0 BILLION. Where do you think the other $10+ BILLION went? Perhaps this man has it: Maurice Greenberg at AIG.

Wisconsin Personal Injury Attorney

Wisconsin Ranks in Top 10 for Best Insurance Attorneys Venue

Wisconsin Ranks in Top 10 for Best Insurance Attorneys Venue

Wisconsin car insurance companies, Wisconsin homeowners insurance companies, tort deformers and personal injury lawyers defending all of them must be "proud."

Wisconsin ranks in the "Top 10" as one of the best anti-justice states. Thanks to lies told by the anti-justice proponents, only nine states do better than Wisconsin at achieving goals like:

~ Deterring valid lawsuits
~ Taking Wisconsin residents legal rights
~ Accepting insurance premiums to pay fewer and smaller insurance claims
~ Filling the media with lies about frivolous lawsuits
~ Making Wisconsin jury verdicts smaller than is fair by claiming true justice is "lottery," "jackpot" or "windfall"
~ Gaining Anti-Justice political support from government officials
~ Enacting unfair damage caps in wrongful death and medical malpractice lawsuits

Wisconsin Personal Injury Lawyer

Senator Richard C. Shelby - Alabama Republican

U.S. Senator Richard Shelby is a Republican Senator from Alabama who understands and values Americans right to seek justice and redress in a court of law. Though I have never met him, I know he is up for re-election (Shelby for Senate) and importantly, voted against unjust class action and medical malpractice bills that had been in the U.S. Senate. Senator Shelby's also has solid statements on Asbestos Litigation Reform and Medical Malpractice Liability.

Wisconsin Personal Injury Lawyers Blog readers know that I detest Anti-Justice propaganda. In addition, it is often easier to find Anti-Justice Democrats rather than Pro-Justice Republicans like Shelby. Thank Senator Shelby for standing up for your rights and civil justice by contributing online to his campaign.

Wisconsin Personal Injury Lawyer

Runaway Lawsuits? Lawsuit Abuse?

Treasury secretary warns of runaway lawsuits was the headline, but look at the facts and you will see that this is not true:

-- Tort claims do not clog our courts are only 5% of all civil claims filed in state courts per the nonpartisan National Center for State Courts (NCSC).
-- Tort filings in state courts declined from '89-'98 per NCSC and 95%+ of tort cases are filed in state courts and states' populations increased from '89-'98.
-- The American Bar says the rate of federal lawsuits per capita have not changed since 1790 and the size of awards increased just with inflation.
-- 6,000 deaths and millions of injuries are prevented each year because of the deterrent effect of products liability, according to the Consumer Federation of America. For example, after jurors held them responsible companies curbed problems with defective baby cribs that strangled, flammable children's pajamas that burned easily, harmful medical devices, weak car fuel systems, cancer causing asbestos and hazardous farm machinery.

Wisconsin Personal Injury Attorney

Personal Injury Lawyers, Politicians & Justice

Personal injury lawyers don't often have solid Pro-Justice Republicans to support like Alabama Senator Richard Shelby, who stand up for truth. Unfortunately, people like Arizona Senator John Kyl get in the way with things like the double tax he proposed in mid-night Thursday session seeking to twice tax (three times "C" corporations) fees earned on contingency by attorneys.

Why? The contingent fee levels the playing field for Joe Average. With it, you can hire the best lawyers available paying only after winning. Insurance companies don't like that because they can pay expensive attorneys fees, but could you? The National Law Journal just showed corporate lawyers hourly rates for ONE HOUR up to $675 here in Milwaukee, Wisconsin and elsewhere: Chicago $730; Boston $735; L.A. $725; San Francisco $675; Houston $590; Miami $850; D.C. $650; Philadelphia $645; Pittsburgh $705; New York $750. Most people can't afford that or even lower lawyers fees so to render justice we have contingent fees.

Insurance companies however don't want you to have great attorneys. They want:
- Public opinion filled with other mistruths about our legal system;
- Valid lawsuits against them never be pursued;
- Your premiums but not your claims;
- Voters to think they constantly fight bogus lawsuits;
- Everyone to hate lawyers so they never hire one to get justice;
- You to think you're in good hands when you're told what your claim is worth;
- People to feel guilty for making legitimate claims;
- You to have so much guilt that you tell your lawyer "I'm not the kind of person who files a lawsuit";
- Jurors to think "the person who files a lawsuit" is a sham, dishonest and insincere;
- Minds made up before evidence is ever 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;
- Juries to doubt themselves so they find "No" to negligence or "No" to cause questions;
- Verdicts for damages to be far less then what is fair;
- Caps on damages to minimize how much justice a person may collect; and
- Judges who will avoid holding them accountable.

What do you want after you have been negligently injured?

Wisconsin Personal Injury Attorney

Manganese welding rods used by Wisconsin welders cause Parkinson's disease-like symptoms

Manganese welding rods

Manganese welding rods used in welding by Wisconsin welders and others are likely to blame for horrible nervous system injuries suffered by many ironworkers, manufacturing employees, workers in ironworks and others. Welders especially, however, are known to have suffered extreme Parkinson's disease-like symptoms. The following are some of the symptoms associated with manganese welding rods:

Moving slower
Shaking/tremors
Loss of balance
Physical stiffness
Leg cramps at night
Less coordination
Slurring speech
Face muscles tightening
Poor handwriting
Walking difficulties
Anxiousness & irritability
Impotence
Emotional changes
Short term loss of memory

Welders with manganese should be pathologically tested and those diagnosed with Parkinson's may want to revisit their physician, neurologist or other doctor. At my site, you can see Welders supply companies in Illinois and Wisconsin and a large list of links to Welding equipment manufacturers & sellers. Most important is a new study just out and that discusses Parkinson's disease-like symptoms relation to Manganese welding rods.


Wisconsin Personal Injury Attorney

Wrongful death lawsuits against gun sellers

Wrongful death lawsuits against gun sellers are rare notwithstanding John Grisham's good (albeit unrealistic) book The Runaway Jury, which puts gun sellers on trial after a father dies in a workplace mass murder. In fact, I know of no such lawsuits for personal injury or wrongful death in Wisconsin. Nevertheless, some want to regulate tort law to give gun sellers immunity, The New Bill to Protect the Gun Industry From Lawsuits. The proposal did not win though as those valuing justice and human life won, like the Coalition to Stop Gun Violence and Brady Campaign (Jim Brady was shot in an assassination attempt on President Reagan).
Wisconsin Personal Injury Lawyer

Lawyers critical of AIG Chairman's speech

Lawyers demand apology for 'terrorists' remark refers to AIG Chairman Maurice Greenberg, who I discussed here before. The American Bar Association was critical of the comment Greenberg made while speaking at Boston College (one of many schools with a law school) when he foolishly labeled as "terrorists" trial lawyers.

Attorneys with the Association of Trial Lawyers of America (ATLA), a lawyers group in which I am a sustaining member, called for an apology from Greenberg. The irony of this comment is that more than 1,100 of ATLA's lawyers helped hundreds of individuals and surviving families file claims with the September 11 Victim Compensation Fund without charging any fees whatsoever.

Lawyers are hated by billionaire Greenberg, see Friday, July 25, 2003 and Friday, February 07, 2003 describing Greenberg's insanity and obnoxious wealth. Even more ironic is the fact that Greenberg, AIG, and many other insurers have profited to the tune of billions of dollars as they used the 9-11 tragedy and subsequent stock market crash - see Wartime Profiteering - as an excuse to hike insurance rates while at the same time calling for "tort reform" and blaming it all on "evil" "terrorist" lawyers.


Wisconsin Personal Injury Lawyer