Category Archives: Personal Groth

Harley-Davidson Roars into Milwaukee for 115th Anniversary

This Labor Day weekend marks the 115th anniversary of Harley-Davidson Motorcycles. With their distinctive “potato-potato-potato” idle and rumble, thousands of riders and their Harleys have roared into Milwaukee this week to celebrate 115 years of an American tradition.

Harley-Davidson and the Harley-Davidson Museum have packed each day this weekend with events. There are museum tours, motorcycle demos, live music acts, street parties, and many more events. Visit Harley-Davidson.com for a full schedule of events

Harley-Davidson Roars into Milwaukee for 115th Anniversary.

The celebration is not without dangers though. With all the extra bikes on the road, Milwaukee’s streets and highways have many more smaller moving vehicles on them this weekend than usual.

Drivers who aren’t used to large numbers of bikes on the road may miss the smaller Harleys if they aren’t careful and some riders may find traveling alone or in larger groups more difficult depending on what they’re used to. All of this is a recipe for a crash or other traffic accident. But there are things everyone on the road this weekend can do.

To help avoid accidents and injuries this weekend, both riders and drivers should:

  • Watch out for each other – check your mirrors and be aware of your surroundings
  • Obey traffic laws and directions from the Officers and Sheriff’s Deputies directing traffic
  • Park in designated spots near events
  • Wear your seatbelt or helmet
  • As always, don’t drink and drive or ride

Have a safe and happy Labor Day weekend and enjoy all that the 115th anniversary of Harley-Davidson has to offer! If the unthinkable happens and you or a loved one is involved in a crash and injured, see a doctor and contact a skilled, dedicated, and proven personal injury attorney to discuss your options as a victim of a crash. At Groth Law Firm, S.C., we are available 24/7 to discuss your injuries and offer a free consultation. Call or text us today at 414-240-0707

Disclaimer: This article is for informational purposes only. It is not legal advice and should not be used as legal advice. It is not medical advice and should not be used as medical advice. The legal statutes, laws, and procedures contained in this article may not be current and may have been revised since the time of publication or contain errors. An attorney can provide legal guidance only after reviewing the details of your individual case.

The Hop’s Hot New Tracks Aren’t So Hip

Two people have already been injured trying to cross the tracks of Milwaukee’s newest transit option, The Hop, in less than a week. One man was driving a motorcycle over the tracks when his wheel got stuck in the tracks throwing him from his bike on August 10th. And on the 16th, a woman was crossing the tracks on a bicycle when her wheel also got stuck and threw her to the ground, injuring her ribs and elbows. Both riders are considering suing the city because of their injuries and have retained lawyers to represent them.[1]

The Hop is not yet in operation at the time of writing, but its tracks have been laid throughout Milwaukee in some of the city’s busiest areas. The Hop runs from the Historic Third Ward and Intermodal train station up to the Lower East Side of Milwaukee and back. This route puts the street car’s tracks in the path of several of Milwaukee’s major commuter hot spots.[2]

The Hop’s New Tracks (City of Milwaukee)

©City of Milwaukee

Before the two bike crashes in August, there had already been several reports of less serious injuries, including one in June, sparking concern amongst the city’s cyclists.[3]

Through there are several signs near the tracks warning bikers and cyclists to take the tracks at a right angle – meaning to cross straight over the tracks—this is not always possible for people riding two wheeled bikes and motorcycles in heavy downtown traffic. With two crashes on the tracks in less than a week and the Hop not even running yet, there are likely to be more injuries in the future.

On top of the tracks’ risk to cyclists in warmer months, there is also concern that they will be a slipping hazard in Milwaukee’s common winter and spring storms as snow piles up on the roads.[4]

The Hop and its tracks are owned by the City of Milwaukee. As with any claim against a city, or other municipality, someone who is injured by the city or its property only has 120 days to file a Notice of Claim or they will never be able to bring a lawsuit against the city no matter how badly injured they are. Because of this, it is extremely important to contact an attorney as soon as possible after an injury involving the city.

If you or a loved one has been injured by The Hop or its tracks, see a doctor and contact a skilled, dedicated, and proven personal injury attorney to discuss your options as a victim of a crash. At Groth Law Firm, S.C., we are available 24/7 to discuss your injuries and offer a free consultation. Call or text us today at 414-375-2030

Disclaimer: This article is for informational purposes only. It is not legal advice and should not be used as legal advice. It is not medical advice and should not be used as medical advice. The legal statutes, laws, and procedures contained in this article may not be current and may have been revised since the time of publication or contain errors. An attorney can provide legal guidance only after reviewing the details of your individual case.

[1] https://fox6now.com/2018/08/16/frustrated-2nd-person-could-be-suing-city-after-accident-they-say-was-caused-by-streetcar-tracks/

[2] https://thehopmke.com/

[3] https://www.tmj4.com/news/local-news/-the-hop-milwaukee-streetcar-tracks-raises-bicycle-safety-concerns

[4] https://urbanmilwaukee.com/2015/03/31/a-short-history-of-milwaukees-old-streetcar-system/2/

Uber and Lyft Injuries: Who Pays?

Uber and Lyft are everywhere. Most major US cities have drivers for at least one of these two ride-sharing companies. Uber operates in cities from Abilene to Zacatecas – including Milwaukee.

Uber and Lyft Injuries.. Who Pays?

One of the most common concerns that riders have is who pays for their injuries if they’re hurt by or while riding in an Uber or Lyft.

As Uber celebrates one million drivers worldwide and Lyft hits 60 US cities, some still have concerns about using services like Uber or Lyft. One of the most common concerns that riders have is who pays for their injuries if they’re hurt by or while riding in an Uber or Lyft.

Over the holiday weekend, Sean Conley, 32, died at the hospital after the Lyft he was riding in was hit by another car causing a crash on the north side of Milwaukee. According to Conley’s brother, he was taking a Lyft home when another driver hit his Lyft.

For both Uber and Lyft, their drivers carry third party liability coverage of “at least $1 million of total liability coverage.”[1] What does this mean? If you are injured because your car was hit by an on-duty Uber or Lyft driver or you are injured in an Uber or Lyft as a rider—whether the injury is the driver’s fault or the fault of another party—your injuries are covered by the company’s insurance.

With the growing number of ride-sharing cars on the road more and more people are becoming passengers. As a passenger in someone else’s car, your own car insurance might not cover your injuries if an under- or un-insured driver hits you. It is more important than ever to understand your rights as a Lyft or Uber rider.

If you or a loved one has been injured by a Lyft or Uber, contact a skilled, dedicated, and proven personal injury attorney to discuss your options as a victim of a crash.

[1] https://www.uber.com/drive/insurance/, https://help.lyft.com/hc/en-us/articles/115013080548-Insurance-Policy#duringride

 

USA Gymnastics Seeks Dismissal of Lawsuits Related to Larry Nassar

Michigan State University was the first to attempt to distance itself from lawsuits related to Larry Nassar’s sexual misconduct because, according to MSU, Michigan’s statute of limitations blocks the suits. Now, USA Gymnastics is making the same argument.

In briefs it’s filed with the courts, USAG argues that the majority of the claims against it are barred by law because of the statute of limitations.

In Michigan, the statute keeps personal injury suits from being filed three years after the date of the injury for adults and three years after the victim’s nineteenth birthday for injuries as a minor.

Because of the statute, MSU and USAG argue they are not liable for Nassar’s actions because victims waited too long to file suits.

Of the 149 cases against USA Gymnastics currently, USAG claims that at least 101 of them should be dismissed outright simply because the statute of limitations has run out. This means that the court could, if it agrees with USAG, drop the cases of 101 victims of sexual assault.

While Larry Nassar, USA Gymnastics, and Michigan State University have been in the national headlines, here in Wisconsin, James Kivisto, owner and operator of Wind Lake Gymnastics Center in Racine has been charged with ten counts of possession of child pornography.

At least some of the photos and videos may have been taken with a camera Kivisto hid in the girl’s bathroom at the Gymnastics Center. Kivisto has owned the Wind Lake Gymnastics Center for eleven years and has been a gymnastics coach since 1987.

What do the USAG and MSU dismissal attempts mean for Wisconsin victims? It means that it is more important than ever to seek legal representation if you or your child has been a victim of sexual misconduct by a gymnastics coach. In Wisconsin, the statute of limitation for personal injury is three years for adults but ends only two years after a minor victim’s eighteenth birthday.

At Groth Law Firm, S.C., we have a skilled, dedicated, proven, and compassionate team ready to help you seek justice during a difficult and emotional time. If you or your child has been the victim of sexual misconduct by a coach or other trusted trainer, contact us immediately at 414-375-2030, or toll free at 1-800-375-7001

Disclaimer: This article is for informational purposes only. It is not legal advice and should not be used as legal advice. The legal statutes, laws, and procedures contained in this article may not be current and may have been revised since the time of publication or may contain errors. An attorney can provide legal guidance only after reviewing the details of your individual case.

Life with Chronic Pain can Cause Depression

Life with chronic or long-term pain is difficult and the depression that can accompany long-term pain makes it even worse. “Depression magnifies pain. It makes everyday living more difficult.”[1] Pain is considered chronic or long-term when it lasts beyond what would be expected from the original injury. This kind of pain can cause low energy, depression, and unusually high levels of stress hormones.[2]

Chronic pain can also disrupt sleep and make you more sensitive to other pain. You may even start to hurt in areas that used to feel fine. According to the American Pain Foundation, research shows that around 32 million people in the United States report pain that has lasted for a year or more – that means that one in ten Americans report chronic or long-term pain. Between 25 and 50% of those who talk to their doctors about long-term pain are clinically depressed.[3]

“People with chronic pain have three times the average risk of developing psychiatric symptoms — usually mood or anxiety disorders — and depressed patients have three times the average risk of developing chronic pain.”[4]

Life with Chronic Pain can Cause Depression

“Pain provokes an emotional response in everyone. If you have pain, you may also have anxiety, irritability, and agitation. These are normal feelings when you’re hurting. Usually, as pain subsides, so does the stressful response. But with chronic pain, you may feel constantly tense and stressed. Over time, the stress can result in different emotional problems associated with depression. Some of the problems individuals with both chronic pain and depression have include:”

  • Altered mood
  • Chronic anxiety
  • Decreased self-esteem
  • Family stress
  • Fatigue
  • Fear of injury
  • Financial concerns
  • Physical deconditioning
  • Reduced sexual interest and activity
  • Sleep disturbances
  • Social isolation
  • Weight gain or loss[5]

“Researchers once thought the relationship between pain, anxiety, and depression resulted mainly from psychological rather than biological factors. Chronic pain is depressing, and likewise major depression may feel physically painful. But as researchers have learned more about how the brain works, and how the nervous system interacts with other parts of the body, they have discovered that pain shares some biological mechanisms with anxiety and depression.”[6]

The combination of depression and pain is reflected in the circuitry of the nervous system. Pain goes both ways between the body and the brain. Normally, the brain interrupts the signals of physical discomfort so that we can function. When this shutoff valve is broken, physical sensations, including pain, are more likely to become the center of attention. The pathways of the brain that handle pain, including the brain’s center of emotion, use some of the same pathways for regulating mood. When regulation fails, pain is intensified along with sadness, hopelessness, and anxiety. And chronic pain, like chronic depression, can alter the functioning of the nervous system and make itself worse in a continuing cycle.[7]

From a common-sense view point, “’we know that simply having a bad headache or back pain for a day can affect our mood. Imagine having that pain every day for six months. It’s actually quite reasonable to expect anxiety and depression with chronic pain,’ says pain management specialist Hersimren Basi, MD.”[8]

If you have pain and depression because of an injury as the result of a someone else’s negligence, see a doctor, and, as always, please call Groth Law Firm, S.C. with any questions.  We are available 24/7 to discuss your options as the victim of negligence. Our initial consultations are always free.

Disclaimer: This article is for informational purposes only. It is not legal advice and should not be used as legal advice. It is not medical advice and should not be used as medical advice. The legal statutes, laws, and procedures contained in this article may not be current and may have been revised since the time of publication or contain errors. An attorney can provide legal guidance only after reviewing the details of your individual case.

[1] https://www.webmd.com/depression/guide/depression-chronic-pain#1

[2] https://www.webmd.com/depression/guide/depression-chronic-pain#1

[3] https://www.webmd.com/depression/guide/depression-chronic-pain#1

[4] https://www.health.harvard.edu/mind-and-mood/depression-and-pain

[5] https://www.webmd.com/depression/guide/depression-chronic-pain#1

[6] https://www.health.harvard.edu/healthbeat/the-pain-anxiety-depression-connection

[7] https://www.health.harvard.edu/mind-and-mood/depression-and-pain

[8] https://health.clevelandclinic.org/2017/08/why-chronic-pain-brings-you-down-how-to-feel-better/

Loss of Mobility is Scary

Loss of mobility can be scary. According to researchers at Harvard University Medical school, loss of mobility is not just an inconvenience – it is a major life-altering event. Anyone from the elderly to the physically active can be affected by loss of mobility. Sometimes it is the result of aging, but, just as often, it is because of an injury.

Loss of Mobility is Scary

Loss of mobility “has profound social, psychological, and physical consequences.”[1] These consequences can be emotionally and mentally damaging. Imagine not being able to get up and move in an emergency, or not being able to make a quick trip to the store, or not being able to visit friends or family. Think about how many times a day you get up out of your chair and go to the bathroom, head over to the fridge for a snack, or simply go grab something you need from the other room. Now imagine not being able to do any of those things or being at the mercy of someone else to help you do them.

The consequences of loss of mobility are far-reaching. “Social engagement, the real life activity that results from association with one’s social ties, is important in reinforcing existing social relationships and provides a sense of value and identity,” and the loss of these ties can be scary and isolating for someone who has been injured.[2]

The loss of mobility is such a life-changing and scary thing that there are hundreds of websites and user posts dedicated to dealing with the fear and isolation that comes with the loss of mobility. Researchers pour thousands of dollars and hours into finding ways to help reduce the fear that results from a loss of mobility after an injury.

One study of active individuals showed that, unlike those who could continue their activities, the individuals who were stopped from taking part in activities for as little as two weeks resulted in “significantly greater symptoms of psychological distress, including depression, anxiety, confusion, over-all mood disturbance, and lower self-esteem.”[3]

For a normally active individual, not being able to be active for a little as two weeks can result in depression, anxiety, and lowed self-esteem. Two weeks is enough for depression and anxiety, imagine the effect of a life-time of lost mobility.

According to the Shepheard Center, a non-profit hospital, people who suffer a loss of mobility are likely to go through the same stages of grief as those who have lost a loved one – denial, disbelief, sadness, and anger.[4] Long-lasting or permeant loss of mobility can cause someone the same type of emotional distress—the same sadness and fears—as someone who has lost a loved one.

If you have lost mobility because of an injury as the result of a someone else’s negligence, see a doctor, and, as always, please call Groth Law Firm, S.C. with any questions.  We are available 24/7 to discuss your options as the victim of negligence. Our initial consultations are always free.

Disclaimer: This article is for informational purposes only. It is not legal advice and should not be used as legal advice. It is not medical advice and should not be used as medical advice. The legal statutes, laws, and procedures contained in this article may not be current and may have been revised since the time of publication or contain errors. An attorney can provide legal guidance only after reviewing the details of your individual case.

[1] https://www.health.harvard.edu/blog/two-questions-can-reveal-mobility-problems-in-seniors-201309186682

[2] https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3683993/

[3] http://journals.sagepub.com/doi/abs/10.2466/pms.1988.66.3.875

[4] https://www.shepherd.org/patient-programs/spinal-cord-injury/after-rehab/adapting-to-loss-of-mobility

Don’t Get Hit a Second Time – Tractor Trailer Cases in Wisconsin

If you’ve been injured in traffic accident, you should always speak to a lawyer as soon as possible. But, if you have been injured in an accident with a commercial truck, it is even more important to talk to a lawyer right away. There are many important pieces of evidence that could be lost if too much time passes between an accident and you having a lawyer start an investigation.Truck Crash,  traffic accident attorney (Groth Law Firm, S.C)

Recently, a driver in Texas was outside his car on the side of the highway when he was struck and killed by a semi-truck. The trucker drove another 1,400 miles; changed his tires, which were then lost; and eventually abandoned the truck in a parking lot in California before it was recovered by the trucking company and left in an outdoor storage lot for three months. During this time much of the important evidence was lost.[1]

Anytime there is an accident involving a plane there’s always talk of the “black box,” that mysterious source of all information about the crash. Just like a plane, many commercial trucks carry a similar “black box” and, just as with a plane, that box can be just as important in a traffic accident. Called an Event Data Recorder (EDR), these truck “black boxes” contain all kinds of data about the condition of the truck – its speed at the time of the crash, whether the driver braked before the crash, how often the truck has been maintained, and a lot of other information important in a civil lawsuit. But all this data isn’t saved for long and can be easily lost if action isn’t taken quickly.

There are many other considerations when looking into a civil suit against a commercial trucking company or driver, including the driving history of the truck driver and the industry safety rating system. Most trucking companies use the Comprehensive Safety Analysis system to monitor drivers and their actions. This score is updated every 30 days and is based on seven different categories: (1) unsafe driving; (2) fatigued driving; (3) driver fitness; (4) drug and alcohol use; (5) vehicle maintenance; (6) load securement, and size and weight faults; and (7) crash history. Any or all of this information could be useful in a civil lawsuit and might not be available if too much time passes.[2]

An attorney can send preservation letters, find and secure the truck, and find and secure your car to preserve evidence. After suffering a crash caused by a commercial truck, don’t get hit again with the loss of evidence because you didn’t get an experienced and dedicated attorney involved as soon as possible.

If you have been injured as the result of a crash caused by a commercial truck, see a doctor, and, as always, please call Groth Law Firm, S.C. with any questions.  We are available 24/7 to discuss your options as the victim of a negligent driver. Our initial consultations are always free.

Disclaimer: This article is for informational purposes only.  It is not legal advice and should not be used as legal advice.  The legal statutes, laws, and procedures contained in this article may not be current and may have been revised since the time of publication or contain errors. An attorney can provide legal guidance only after reviewing the details of your individual case.

[1] http://www.larsonking.com/files/Evidentiary_Issues_in_Trucking_Cases_-_Novak.pdf

[2] http://www.larsonking.com/files/Evidentiary_Issues_in_Trucking_Cases_-_Novak.pdf

Crash Debris Piling Up on Milwaukee’s South Side

As winter rears its ugly head in Southeastern Wisconsin, road conditions are likely to remain hazardous, but not for the reasons you think.

Over the past few weeks, the City of Milwaukee has seen a number of traffic accidents, likely as the result snowy and icy conditions. But even without snow or icy, the roads in some parts of the city continue to be hazardous. These crashes are leaving behind debris: broken glass, bolts, and even bumpers. On Milwaukee’s south side, these hazards are being left behind after the cars themselves have been removed. Residents of the area are reporting that they are having to clean up the broken car parts themselves to keep the streets clear.

You can contact the City of Milwaukee at (414) 286-CITY (2489) to report any road debris, but, according to the Wisconsin Department of Transportation, neither the State nor the County is liable for damage to your vehicle caused by road debris. So be careful driving and be sure to report any hazardous road conditions to the city. While the State may not by liable, it is possible that road debris is the result of someone else’s negligence possibly making them liable.

If you think you have been injured as the result of road debris see a doctor, and, as always, please call Groth Law Firm, S.C. at 877-375-7001 with any questions.  We are available 24/7 to discuss your options as the victim of someone else’s negligent actions. Our initial consultations are always free.

Disclaimer: This article is for informational purposes only.  It is not legal advice and should not be used as legal advice.  The legal statutes, laws, and procedures contained in this article may not be current and may have been revised since the time of publication or contain errors. An attorney can provide legal guidance only after reviewing the details of your individual case.

Mold Exposure a Real Threat to Health

According to the Centers for Disease Control (CDC), indoor mold grows best in damp and humid conditions, but spores from mold can survive even harsh dry conditions. Molds are a type of fungi that are found both indoors and out. 

Areas like basements, laundry rooms, and bathrooms are common places for mold growth because they tend to be generally damp and humid. But mold can also result from negligence; for example, from leaky pipes in walls, water damage from roof leaks, or flooded basements from improper drainage. Just because you can’t see the mold doesn’t mean it’s not there – any major water spill could result in harmful mold.

For those with sensitivity to mold, “exposure to molds can cause symptoms such as nasal stuffiness, eye irritation, wheezing, or skin irritation.”[1] More severe reactions are also possible, including, in rare circumstances, mold infection of the lungs.[2]

The Institute of Medicine, in 2004, “found there was sufficient evidence to link indoor exposure to mold with upper respiratory tract symptoms, cough, and wheeze in otherwise healthy people; [and] with asthma symptoms in people with asthma . . .”[3]

According to the CDC, the specific type of mold does not generally matter; if you are sensitive to mold and see mold in your home, you should have it removed. Even small amounts of mold can cause health problems for individuals with mold sensitivity. “Standards for judging what is and what is not an acceptable or tolerable quantity of mold have not been established.”[4]

When should you see a doctor? According to the CDC, if you have been exposed to mold and think you are suffering symptoms as a result, you should see your family doctor. Your doctor can then diagnose if you have a mold allergy or infection and may refer you to a specialist.

If you think you’ve been exposed to mold due to negligence and suffered an injury as a result, see a doctor, and, as always, please call Groth Law Firm, S.C. with any questions. We are available 24/7 to discuss your options as the victim of negligence that has caused you injury. Our initial consultations are always free.

[1] https://www.cdc.gov/mold/faqs.htm

[2] https://www.cdc.gov/mold/faqs.htm

[3] https://www.cdc.gov/mold/faqs.htm

[4] https://www.cdc.gov/mold/faqs.htm

“One incident is too many” – Sexual Assaults at Spa Chain

“One incident is too many”

At least 180 sexual assaults have been reported against the national spa chain Massage Envy. Massage Envy in their response to an inquiry by USA Today stated that “We believe that even one incident is too many.” However, according to investigations by Buzzfeed, 180 is merely the number of reported incidents and that there may be many more assault allegations that were settled by Massage Envy without publicity.

The sexual assault claims against Massage Envy come amidst a flurry of recent allegations of sexual misconduct in the entertainment industry. More victims may be coming forward now as the discourse over sexual assault becomes more open and accepting after years of social stigma.

Decades of allegations against Hollywood producer Harvey Weinstein becoming known have brought more media attention to sexual assault and harassment. Seeing people like Iron Man co-star Gwyneth Paltrow, Game of Thrones star Lena Headey, and Brooklyn Nine-Nine co-star and Old Spice promoter Terry Crews come forward and name their alleged assaulters and harassers, may make victims more comfortable discussing their own assaults.

Massage Envy has locations in 49 states, including 14 locations in Wisconsin, most of which are in the greater Milwaukee area. As has been widely discussed in the coverage of Harvey Weinstein’s alleged assaults and now with Massage Envy, depending on the circumstances, sexual assault and or harassment can create civil liability and leave the assaulter or harasser open to a civil case.

If you have been the victim of sexual assault you have several options:

  • Contact the police to file a report
  • See a doctor for any medical related concerns
  • Contact a victims’ support line

If you are the victim of sexual assault, you may also want to contact a personal injury attorney to discuss any legal options you have, up to and including a civil case against your attacker. As always, please call Groth Law Firm, S.C. to speak with our dedicated and compassionate attorneys about any questions you have. We are available 24/7 to discuss your options as a victim. Our initial consultations are always free.  We have one of the few attorneys in Wisconsin that has taken attackers to trial and obtained judgments for compensation.

http://www.slate.com/blogs/the_slatest/2017/10/10/a_list_of_sexual_assault_and_harassment_allegations_against_harvey_weinstein.html

https://www.usatoday.com/story/news/nation/2017/11/27/massage-envy-therapists-accused-180-sexual-assaults/896972001/