Tag Archives: injury settlement

“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/

Timely Payment of Claims

There are a ton of laws.  That may be the biggest understatement I’ve ever written.

I mention this because it’s a reason to hire an attorney.  How many people have heard of the “Timely Payment of Claims” Statute.  It’s Section 628.46 of Wisconsin’s Statutes.  It applies to first party insurance payments and also third party insurance payments.  So, if you are injured by someone without insurance and you file an uninsured motorist claim this statute applies.   Because of the “recent” Kontowicz case it applies to claims against an at fault insurance company also.

Attorneys for injured people can push insurance companies to review and make offers to settle cases within 30 days of receiving all of the documents related to an injury.  If the insurance company drags its feet it may be subject to 12% interest.  Or, if the insurance company agrees to that a portion of an injury is definitely related to an accident that insurance company, under the statute, should pay the undisputed amount asap.

For your information the statutes says:

(1) Unless otherwise provided by law, an insurer shall promptly pay every insurance claim. A claim shall be overdue if not paid within 30 days after the insurer is furnished written notice of the fact of a covered loss and of the amount of the loss. If such written notice is not furnished to the insurer as to the entire claim, any partial amount supported by written notice is overdue if not paid within 30 days after such written notice is furnished to the insurer. Any part or all of the remainder of the claim that is subsequently supported by written notice is overdue if not paid within 30 days after written notice is furnished to the insurer. Any payment shall not be deemed overdue when the insurer has reasonable proof to establish that the insurer is not responsible for the payment, notwithstanding that written notice has been furnished to the insurer… All overdue payments shall bear simple interest at the rate of 12% per year.


Settlement Help

When settling a case for a minor it is extremely important that the money is going to actually be there for the minor.  Seems pretty obvious.  In Wisconsin, courts must usually be involved in approving a settlement for a minor.  It’s the governments way of protecting a minor from him or herself, the parents and unscrupulous attorneys.

If I settle a case for a 10 year old what happens 8 years from now, 10 years from now 15 years from now?  What happens to the money in the eight years before the kid turns 18.  Look what happened last year.  If the money was put in the stock market the child may not have as much as awarded in the initial settlement or verdict.

It is the gaurdian ad litem’s (the attorney responsible for advising a Judge as to the appropriateness of a settlement for a minor or “incompetent” victim) job to make sure a victim’s compensation is an appropriate amount and is secure at the outset so it doesn’t get squandered.  The gaurdian ad litem recommends certain terms to the court for approval.  But, attorneys can’t know everything about the financial world.  I certainly don’t.

That is where a structured settlement expert comes into the picture.  This article is about Chuck Derenne of Wisconsin.  I’ve worked with Chuck a lot over the past 9 years.  He is a valuable asset for attorneys who help victims.  If you’d like more information about Chuck give me a call and I can put you in touch with him.

If you have questions about a structured settlements in Wisconsin feel free to contact me.  I’d be happy to discuss your situation.

www.jonpgroth.com

Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Amberg, Janesville, Sheboygan and Wauwatosa.

What Your Case Might Look Like?

For those of you who have not been through a civil jury trial I recommend checking out Miller and Zois, LLC’s links to an entire auto accident jury trial.

According to Miller and Zois, LLC the facts are:

The case deals solely with the question of who was negligent in the car accident. The plaintiff alleged that a tanker-trailer carrying fuel oil cut him off in traffic, causing him to swerve into the adjacent lane, where he was struck from the rear by another vehicle.  He filed suit against the owner of the tanker truck and the driver of the vehicle that struck him from the rear.  The defendants claimed that plaintiff was responsible for the car accident. The case was tried on the issue of liability only, pursuant to a stipulated verdict agreement.

It’s a great thing to read if for no other reason than to get a feel for what happens.  Now it isn’t exactly what will happen in Wisconsin but it’s close enough.  Also, because damages are stipulated, the length of the trial is a little shorter than “normal.”

Anyway, if you are an injured victim and considering whether to hire an attorney read the transcript and bring those questions to your attorney.  Like I’ve said in earlier posts I really appreciate it when client’s come with questions about the civil litigation process.

In my experience the more a client is “in the know” the happier the client (and lawyer).

Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Wauwatosa, West AllisSheboygan,  Plymouth,  and Germantown.

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