Wednesday, December 17, 2008

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

Tuesday, December 16, 2008

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

Tuesday, December 2, 2008

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

What's the big deal about calling someone back?

A common complaint with many clients is that their lawyer does not return phone calls. Regardless of the firm size this is all to common. There are two types of lawyers that do not return your phone calls, the busy lawyer and the lawyer that just neglects his or her clients. On any given day a lawyer’s schedule can be quite busy. A typical day for a Personal Injury Lawyer may involve conducting a deposition, preparing for a trial, writing a motion , signing up a new matter or a combination of these. Most busy negligence lawyers find themselves in many places in the course of a day. Its a simple fact that should not be taken for granted as many Personal Injury Lawyers litigate cases (many do not) and this creates a tremendous amount of paper work and court appearances.

Sometimes a lawyer is just too busy to return your phone call immediately. If they are on trial or preparing for one it could be a few days before your lawyer returns your phone call. If it is a true emergency then a phone call should be returned immediately. If a lawyer is not on trial or preparing for one then you may expect a return call within a reasonable amount of time. The policy in my office is simple: Take the phone call now and if you cant return it within 24 hours.

Other lawyers just neglect their clients without any real reason. They either do not return their clients phone calls in a reasonable time or they do not return their calls at all. Besides trying to win your case a lawyer’s job does includes keeping the client updated and informed about the status of the case.
It is essential that at the start of any relationship the ground rules are discussed.
-How often will your lawyer communicate with you?
_Does the lawyer have a policy with respect to client communication,such as, he will only take calls in the morning or in the afternoon.
_Have you given your lawyer more than one way of contacting you? Make sure he has a friend or relatives number. There will be no excuses at that point.
-What is the best method of communicating? (Phone, email or visit)
-If your lawyer is not available when can you reasonably expect a return phone call?
-If your lawyer is not available what other staff members can help you?

It is important at the outset that you tell your lawyer what your expectation are. I have had clients tell me that they want to be informed about everything and some clients who don't want to hear from me unless its really important.
The relationship you have with your lawyer is no different and is based on open, honest and direct communication. These sound like easy concepts but many lawyers violate what appears to be a constant number one complaint. Take a look at this article from a few years ago.It amazes me that almost 100% of the clients who see me that tell me they want to switch their lawyers because nobody talks to the.

If you want to hire an accident lawyer visit my website and order my FREE report. There is tons of FREE information about lawyers and how to find the right one for you.

Remember: FAILURE to communicate will damage any relationship.

Sunday, November 30, 2008

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

Saturday, November 22, 2008

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

Wednesday, November 12, 2008

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

Tuesday, November 11, 2008

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

Sunday, September 21, 2008

Secrets To A Successful RailRoad Employee Accident Case

Over the last 18 years my firm has successfully resolved dozens of railroad employee accident cases. These cases involve employees of the railroad who have been hurt on the job.They are generally referred to as FELA cases. Unlike most workers in the United States who are prohibited (usually by state law)from bringing lawsuits against their employers railroad workers for the most part can sue their employer for injuries sustained while at work. In New York these cases are generally against Amtrak, Metro-North and The Long Island RailRoad. While these claims are governed by Federal Statutes there are many similarities to the run of the mill personal injury cases. In an effort for all rail employees to understand the these cases and their rights we provide our railroad friends the keys to a successful claim.

1.Your Employer Knows You Better Than Anyone- This would not ordinarily be an issue for most injured parties who are hurt on the job since most people cant sue their employer. However since railroad employees can sue their employers then the railroad  becomes the defendant and yes the adversary is the enemy. What does this mean? It means that your employer(and now the defendant)has all your personal information, knows when you screwed up in the past, has all your job evaluations, can easily speak to your co-workers and in general has better access to your life then most defendants. In fact they probably will know more than your lawyer ,at least, at the start of your case. As a result tell your lawyer everything anything about your job and anything that could possibly be relevant. We spend 2-3 hours with our railroad clients at the initial interview to make sure we know as much as the railroad could possibly know. Do not talk to your co-employees after the accident about the accident. From the moment you are injured you have to remember the railroad is your adversary
2You Know Your Employer Better Than Anyone-Thats right! Turn the tables on them. Who knows the inner workings of the railroad better than you? You know the names of management,gang supervisors,and others that can be extremely helpful in the legal battle. You know the policies, rules and regulations which the railroad fails to enforce. You may  know the reasons why the railroad may have needed to take a shortcut or may have rushed to finish a job. You may know if other employees have been similarly injured. Let your lawyer know about all these things even if you do not believe its important.Our clients have told us information that has saved their cases and which we may not have otherwise obtained.
2.Talk To Your Local Union Representative Immediately- There is a reason that you pay union dues. My office works with several unions connected to the railroad like the  local IBEW and it is imperative that you work closely with your rep. He will help you with your medical, time out and most importantly the grief you will undoubtedly get from management. Yes, the railroad knows that you are going to bring a legal claim and in all probability instead of being helpful to you they will try and make things difficult. Your lawyer cant always help you from the daily B.S. you will get from the railroad but your union rep. can be your daily protector. Work closely with him and things will be easier. Your lawyer will also need to work with him and its alot easier if you have a close relationship with him. One last thing: You are almost certain to be charged with a violation and your rep. is the only thing that stands between you and some penalty.
3.Take Pictues- Unfortunately you have been injured and you are the best person to take pictures of the scene. Now let make something clear. I do not want you looking for a camera while your skin is on fire from some electrical explosion. However, once you leave the scene of the accident the only way for your lawyer to get pictures of the accident scene is for your co-workers to take some pictures(and they can be unreliable)or to get an Order from the Court. My office has done this numerous times but it does take time(1-2 days to 1-2 weeks)and this is important time in which the scene can change and repairs done. The point here is to always keep a camera around and if an accident should occur you(if you are able) or your co-workers can take immediate pictures. However, all that said and done if you cant get pictures your lawyer will get them.
4.Do Not Sign Anything Without Your Representative- Your going to have to work with the railroad investigators when they try to figure out what happened. Its your obligation to assist in that investigation but never give a statement or sign anything without talking to your local rep. or your lawyer. They generally cant tell you not cooperate but they can be there when you give your statement which is likely to be used against you in both your legal claim and you internal railroad proeedings.
5.They Are Watching You- So one of my dear railroad clients who was badly injured in an accident and hurt his back. He claimed that his life was ruined and before his deposition when we were preparing I asked him if he does and of his former activities like running. He said that he cant run. He was very upset about that. He testified at his deposition that he could not run. He testified he could not even try. Guess what? You got it. After the deposition we get in the mail a CD fro the railroad's attorney a movie. Yes it was my client running on a track(slow jog) after the accident and before his deposition. In my opinion that cost the client alot of money. The two lessons: NEVER LIE and ALWAYS REMEMBER THEY ARE WATCHING YOU.
6.Keep Your Medical Treatment Active- Most railroad employees are tough and have put their bodies through hell.Sometimes the injuries from an accident although serious to most of us is considered minor to the railroad employee. Remember why you are the seeking the advice of a lawyer. Compensation. Nothing to be ashamed of. However your lawyer cant do the best job possible if you not keeping your medical appointments or if you are trying to be Mr. tough guy/gal by not complaining about your pain. If your medical problems are not getting better then it is your obligation to make sure that you are getting the best advice possible. If you need to change doctors then you need to do that. If surgery is recommended then you should strongly consider it. Your lawyer cant "re-open" your case after its settled because you decided to have your surgery 5 years later. Also, you can be certain that the "railroad doctors" are going to find you ok. Your lawyer cant fight these doctors if you decided that you were only going to therapy once a month instead of 3x a week as prescribed by your doctor. Follow your doctors orders and if you are not happy or if you want a different doctor for some reason then tell your lawyer and maybe he or she can help you find a better one.

Wednesday, August 13, 2008

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.

Sunday, July 13, 2008

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

Friday, July 4, 2008

6 Signs That Your Personal Injury Lawyer Is Hurting Your Case


Our last blog discussed the 12 questions to ask your prospective new personal injury lawyer.This week I would like to discuss your relationship with your current personal injury lawyer.This relationship is essential to the success of your legal case and without the proper foundation and framework of your relationship your case will be doomed. Why? The same reason that a bad marriage or a bad relationship between business partners makes bad decisions. So here we go with with 12 signs that your lawyer is hurting your personal injury case.

Keep in mind that as the client you are the boss and you always have the right to discharge your lawyer for any reason,good or bad. Ok here we go:
1. No Phone Calls Returned- It seems like a no brainer but I cant tell you how many times I have met with clients who tell me that they have not spoken to their lawyer in years. I know that sounds crazy but it happens all the time. If this happens to you somethings wrong-loose the lawyer and hire somebody with some professional responsibility.
2. Your Case Is Taking Way Too Long- Now this is a hard one since many cases in New York seem to take forever. As the saying goes "The wheels of justice grind very slowly" and they grind even slower here in the Big Apple. But and its a big but you should always know where you case stands in the legal process. Sure the process can take time but your case should be timely moving from one stage to another. Of course, this requires an understanding of your case (some types of cases take longer than others), the county that your case is pending(Nassau and Suffolk maybe quicker than Brooklyn and The Bronx),who the parties are(defendants who are municipalities take much slower)and if the case is on Appeal. Bottom Line: Communication, Communication and more Communication. If your case has been on a "calendar" for years or your case is not "in court" and its been 5 years time to talk to another lawyer.
3.No Experts- Almost all cases require a medical expert and some require a liability expert. Medical experts are necessary to substantiate your injuries and a liability expert may be needed to show that the defendant was responsible for the accident. Most importantly if you do not hire an expert if your case goes to trial you going to have a very tough case. In fact your case can be dismissed. Ask your lawyer who the experts are and if you are getting the run around then a light bulb should be going off. Experts are very expensive particularly here in Long Island and the cost can be anywhere from $5,000.00 to $10,000.00 and even higher. Maybe your lawyer does not have the money. Maybe your lawyer does not want to spend the money. Either way you need to know this.
4.Who is working on your case?- Look I understand that a firm can have many lawyers, paralegals and other support staff working on many cases. I used to be part of that type of firm. But is there a person(and it should be a lawyer)who is thoroughly familiar with your case? Is there somebody who knows exactly what the status of your case is and can say it without running around trying to get the information. Another words, is there somebody who knows who you are and what your case is about. Too often and I must say mostly in large firms(although some large firms handle their cases well and some small firms screw this up)there is a tendency to "forget"about the particulars of a case. Don't let this happen to you!
5.Your lawyer is "The Jack of All Trades"- I still am amazed at how some lawyers can handle it all. Yes my firm concentrates in personal injury cases which can be construction, trip and fall, railroad, and car accident related. We will not handle criminal, real estate, immigration,or anything else thats not personal injury related. Look at the Yellow Pages. How many lawyers list everything they can handle?I think its impossible. If your lawyer handles it all be careful that he is paying attention to your case. Personal Injury Law changes all the time. Its hard to keep up with all the changing laws when you are working on 2 real estate closings and have to go to traffic court to defend somebody. On Long Island it is common to find lawyers who do it all.We have had client come in with screwed up cases because the criminal lawyer did not know the who to sue on a construction accident claim. Stay on top of the Lawyer who does it all.
6.Your Case Was Dismissed- Yes it happens and it can without you knowing. I have seen it and its not pretty. Look, good lawyers can loose cases. Good lawyers have cases dismissed. Generally, its because your case did not meet some definition of what it claimed to be. Another words it was not a case. Thats ok. What's not ok is when your case is dismissed because your lawyer did not comply with a Court Order or your lawyer missed a deadline. During the course of your case if you suspect that your case is either not moving at a reasonable pace and your lawyer is avoiding you take a trip to the Courthouse. Most Courts have records online and all have open access in the courthouse. Go lookup your case and see whats going on. Does it match up with what your lawyer is telling you?If not its time time to get some new advice.















Sunday, June 22, 2008

12 Bullet Proof Questions To Ask Your Accident Lawyer

This is the first post on behalf of my firm Goldstein & Bashner and I thought what better way to begin then to simply state what I believe every accident victim should know before hiring a lawyer. I wonder how I would look for a lawyer if I were in an accident. I guess I would ask my family and friends for a referral. As a comparison if I were looking for a specialist in broken bones or brain injuries I would begin with the family and friends. But what if they did not know anybody or if they did should I take their word and look no further. Would I look in the Yellow Pages for a specialist? I don't think so and I don't think anybody should approach a search for an accident lawyer in the same manner. In Long Island which is a suburb of New York the rules which regulate a lawyer's conduct when attempting to solicit an accident victim are very strict. Without getting into detail you should never hire an attorney who either approaches you at an accident scene or who somehow manages to get your telephone number and calls you within hours after your accident. Lawyers have been punished for this behavior and you should not communicate with anybody who calls you without your permission. When searching for the right accident lawyer my number one piece of advice would be to meet them in person. You can tell a lot about a person when you meet them face to face. From how they address you to how they dress themselves. In my firm( http:www.eglaw.com ) we spend a great deal of time at the initial consultation. We believe it is at this point that we learn a lot about the client and the client has an opportunity to learn about us. Most clients never seem to ask the right questions of the lawyer that may be handling their recent automobile, train or other accident which has caused them to be in this unfortunate position.

The following questions should always be asked of your potential accident lawyer and the answers you get are equally important:
  1. Has your firm had experience with my type of case?
  2. What is your initial opinion of my case?(Most lawyers have some feeling about the case although it may change along the way as more facts are known)
  3. What kind of support staff will assist you with my case?(Is this a one man/woman show with no paralegals and only an answering machine)
  4. Does your firm have the financial resources to spend on my case?(Look my firm has spent 20, 30,40 and even 50 thousand on some cases. Is this firm ready to spend?)
  5. Does your firm have trial lawyers that can try the case if it does not settle?(My firm has several experienced trial lawyers and even has a co-counsel relationship with the top trial firm in New York City. Has your potential lawyer tried any cases and if not who are the lawyers the trial lawyers he has a co-counsel relationship with. Ask for names)
  6. What is the firms policy on telephone calls from clients?(Don't be offended if the lawyer says he only takes planned phone calls unless its an emergency.Likewise you want to know if the lawyer will get back to you within 24-48 hours.)
  7. Does the firm concentrate in only one geographical area?(If his office is in New York City has he handled cases in Long Island )
  8. Does the firm understand the time limitations on my case?(Sure most lawyers will say they do but do they really?Cases against the City,County,Port Authority and the railroad have different time limitations)
  9. How will the firm advise me of the status of my case?(Will your potential lawyer notify you in writing or call you?How often will you be advised of the status?)
  10. How often will we meet in person?(I know it sounds crazy but some clients I have met have never seen their lawyer. This is a sin. If you have not seen your lawyer you are asking for trouble)
  11. What if you decide not to handle my case?(At my firm we tell you up front or as soon as possible if we are not going forward with your case and we will tell you why. If your lawyer continues with excuses and has not decided if he is proceeding with your claim get rid of him)
  12. Will you tell me the truth?(Sounds crazy but ask the question and look at your lawyer when he says "of course I will tell you the truth". Look at his face you will know)
In the end it may just be chemistry. Your potential lawyer may have all the right answers but something inside tells you that this is not the right person. Go with how you feel. Also, maybe the lawyer did not have all the perfect answers but you feel "right" about this attorney. You feel comfortable with him. This is key. Most if not all of my clients retain my firm not only because the right answers are there but the chemistry is right.Let me know how you feel and visit my site at http://www.eglaw.com/

Thursday, January 17, 2008

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