Tag Archives: Injury Attorney

After a Car Crash Video

 

A car crash happens. Your car is totaled. You need to take off work to go to the doctor, then PT, then follow up appointments. It seems every few hours the insurance company for the at fault person calls, then sends letters then someone shows up at your house. You need to concentrate on getting better and getting the right medical care. That’s one of the benefits of hiring a personal injury law firm. Groth Law Firm, S.C. has decades of experience helping injured people. Our firm is there from the very beginning and are only paid if you win. No risk and much, much less stress. Call or text Groth Law Firm, S.C. 414-375-2030 or go to www.grothlawfirm.com

REAR END CAR CRASH INJURIES

Rear end accidents often take victim by surprise jarring them suddenly which can result in serious bodily injuries. This makes rear-end collisions one of the most common type of auto accidents in the country and a leading cause of car crash injuries. These injuries cost Americans millions of dollars in medical fees, rehabilitation and lost wages every year. Most common injuries sustained in a rear-end car accident are whiplash, broken bones, soft tissue injury, traumatic brain injury, herniation, facial disfigurement/scarring, concussion, wrist and arm injuries, paralysis of spinal cord and brain, airbag injuries etc.

Explanation of some of the common injuries that rear-end car accident victim suffer from are:

WHIPLASH   Whiplash is one of the most commonly mentioned injuries arising from a rear-end collision. “Whiplash” is a term used to describe pain and stiffness in the neck and shoulder area when the neck, shoulders, and spine suddenly and violently move, beyond their normal range. As a result of this hyperextension and hyperflexion of the neck occurs. Drivers and passengers being rear-ended are not aware of these potential accidents before it happens, so there is no chance to brace for impact. Muscles are left in a relaxed state rather than a contracted one. This allows the head, neck, and back to move more vigorously and violently increasing the chances of serious injury. Approximately 20% of all victims of rear-end accidents by National Safety Council are whiplash injuries and of those, almost 80 percent experience pain and soreness of neck lasting longer than a week. Fifty percent have pain and soreness that lasts more than a year. The extent of these injuries varies from accident case to accident case; some spinal injuries resulting from rear-end collisions demand more intensive medical treatment than others

NECK PAIN   It is the most common complain of whiplash trauma which often radiates to the shoulders and to the head and up to the space between the scapulas. The most common cause of neck pain following a car accidents are facet joints injuries, disc injuries and damage of the muscles and ligaments of the neck and upper back. Tenderness and pain of the back of the neck is due to facet injury and it can be palpate by physical examination. Chronic neck pain may occur after whiplash injury and is due to the torn of the fibers of the outer wall of the spinal discs. These tears, then, can lead to disc degeneration or herniation, resulting in irritation or compression of the nerves running through the area and radiating pain into the arms, shoulders and upper back, and may result in muscle weakness. Damage to the ligaments often results in abnormal movement and instability.

BACK PAIN     Although most people consider whiplash to be an injury of the neck, the low back is also commonly injured as well.  In fact, low back pain is found in more than half of rear impact-collisions in which injury was reported, and almost three-quarters of all side-impact crashes.  This is mostly due to the fact that the low back still experiences a tremendous compression during the first two phases of a whiplash injury, even though it does not have the degree of flexion-extension injury experienced in the neck. Accidents that occur at low speeds can also cause serious back injuries. The force of impact can result in compression of the spine and the discs in the lower spinal column. The force of the crash exerts extraordinary pressure on the vertebrae. This will most likely result in soreness and even excruciating low back pain.

TREATMENTS  

Call Groth Law Firm, S.C. 414-375-2030

A common treatment for treating facet joint pain is the implementation of a simple cold or hot compress for 15 minutes 2-4 hourly. Exercise and massage has been shown to improve spasms and stiffness. The most common medical treatments include the use of NSAIDs (anti-inflammatory medications), muscle relaxants, trigger point injections and, in some cases, epidural spinal injections.  These therapies should be used for short-term relief of pain, if necessary, and not be the focus of treatment.  After all, a drug cannot restore normal joint movement and stimulate healthy muscle repair.  Fortunately, surgery is only needed in some cases of herniated discs, when the disc is pressing on the spinal cord, and in some cases of spine fractures.

No matter what your injury or whether you have one or dozens of questions call Groth Law Firm, S.C. and one of our attorneys will listen to your concerns and answer your questions.  Call or text 414.375.2030.

Hiring a Personal Injury Attorney

Should I Hire an Attorney? Statistics Do Not Lie

Many people file what are known as pro se lawsuits (lawsuits brought without attorney assistance) every year. A large portion of pro se lawsuits that are brought often have no legal merit, but many others do. It is not uncommon for self-represented litigants to secure settlements, but those settlements are often quite small compared to settlements and verdicts in similar cases handled by attorneys. Many other pro se litigants have their cases dismissed due to procedural issues and receive no financial compensation.

Unfortunately, the statistics tend to show that attorney representation is the sole cause correlated with larger settlements and verdicts. More and more injured persons are hiring attorneys, and studies have found that represented injury victims were more likely to receive high-end medical care, received higher net payments on average, and received those payments faster. There are many possible reasons for this reality:

Self-Represented Claimants Are Not Courtroom Procedure Experts

It is generally possible to learn everything needed for effective self-representation either online or by reading law books at a local law library. Not only is that knowledge base not intuitive, however, it is more likely to be misunderstood or misapplied. The number one reason self-represented litigants lose their cases is due to a procedural deficiency or error. Court procedure is complicated, and even though many self-represented litigants can and do learn and follow the procedural rules, mistakes are easy. A procedural mistake can torpedo a valid lawsuit and result in dismissal of the claim.

Insurance Companies and Represented Defendants Take Advantage

In settlement negotiations, the first offer is never the best offer. In highly contested claims cases, a valuable settlement for the injured party rarely results from anything less than a coordinated claims mediation process involving attorneys. Insurance companies have many tricks and strategies ranging from claim denial to under-valuation to convince unrepresented claimants to take less than their case is really worth. Having an experienced attorney negotiate on your behalf precipitously increases your chances of a higher value settlement.

The Evidence and Discovery Game is Foreign to Self-Represented Litigants

Learning courtroom procedure is one thing, but knowing how to use it to your advantage is a completely different ball game. Many pro se litigants learn enough about the law to ensure that their case survives the courtroom process, but do not go further and learn how procedure wins cases. The “value” of a case is constantly re-calculated depending on the available evidence. The average auto-injury broken leg case may be worth thousand dollars with a favorable police report and accident photos, but add the testimony of medical experts and accident forensics, the value jumps by thousands of dollars simply because the weight of the evidence makes a verdict or settlement more likely. Experienced attorneys are not only familiar with the rules of evidence, but know how to use them to scrape more value out of a case.

Experience, Legal Knowledge, and Practice

Personal injury attorneys represent injury victims for a living, and nothing can truly substitute for a wealth of experience and courtroom intuition. Most experienced attorneys have seen just about everything in the legal realm of possibilities and know how to handle most injury cases. Experienced attorneys know the insurance companies, know the defense lawyers, and know the judges. While having an attorney fighting for your case cannot guarantee a verdict, the statistics do not lie; the chance of a legal victory is markedly increased.

If you or a loved one has been recently injured in Wauwatosa and the Milwaukee area, contact the Groth Law Firm S.C.  Our experienced team of injury attorneys has been practicing personal injury law for decades. Helping you recover from your injury is our mission, and you can contact our law firm for a consultation at 414-375-2030.

The “Unusual” Minor Settlement

When we settle a claim for someone under the age of 18 years we just assume that everyone will be asked to get in front of a Circuit Court Judge for approval.

It isn’t a guarantee though. Sometimes insurance companies don’t require a minor settlement hearing. It’s their prerogative. They can do what they want to do when it comes to demanding court approval.

That’s what makes some minor settlements unusual. It is the unusual case that does NOT require court approval. The statute involved is:

Wisconsin Statute Section 807.10

(1) A compromise or settlement of an action or proceeding to which a minor or individual adjudicated incompetent is a party may be made by the guardian, if the guardian is represented by an attorney, or the guardian ad litem with the approval of the court in which such action or proceeding is pending.

It is really up to the insurance company to decide whether they want to risk not having the force and effect of the court system. Minors cannot be held to a contract. So, if an insurance company pays an amount of money to settle an injury claim for a child and does NOT require court approval that minor could come back when they are 18 (but before they are 20) and file a lawsuit against the insurance company for damages.

You can be sure that the insurance company would fight the claim and show the court the cashed check, letters and other claims documents regarding the claim. It would be up to the court to decide whether the claim would survive. My guess is that a jury would ultimately have to decide what amount in damages the plaintiff would recover. If the jury verdict was for an amount larger than the settlement the plaintiff would have “won.” But if the amount was for an amount less than the previous settlement the insurance company may be able to recover all of their costs from the plaintiff for having to fight the claim.

Most of the time we recommend that a Judge approve a minor settlement even if the insurance company doesn’t require one.

Call us if you have any questions about the process.

877-375-7001

Attorney Jon P. Groth is a Wisconsin Personal Injury Attorney located in the Milwaukee area and serving clients across Wisconsin from Black River Falls to Wauwatosa and Kenosha to Marinette.

News Article about Groth Law Firm, S.C., Injury Litigation and Social Media

Brookfield Patch recently interviewed Attorney Jon Groth about Groth Law Firm, S.C. An article about the firm was published today. Much of the article talks about how attorneys should counsel their clients on the use of social media after a collision.

If you were injured in a collision be sure to contact the Groth Law Firm, S.C. for advice on how best protect yourself. 877-375-7001