Jonathan P. Groth's Answers

Can I sue

Do you need to file a lawsuit? People can sue over anything. It's your right. In Milwaukee there is even a small claims seminar in the courthouse where you'll get free advice on how to file a small claims complaint. But, do you really want to spend the money to file the complaint, serve the complaint, attend hearings and then attempt to collect on a judgment? I was told a few wise words when I first graduated from law school, "Principle is expensive." I'd recommend you stop shopping...

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I am 17 i have a court order on a settlement i got from a car accident i will be 18 years old in november my cousin died at the

I agree. In addition, this question should be easily answered by the attorney who helped you obtain the settlement. Attorneys should keep the records from the minor settlement hearing. You may want to contact that attorney who helped you to discuss whether he/she will be able to assist you in asking the Court for an "early" distribution. Good Luck!

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I got hit while riding my bicycle. Who's fault is it for the accident and how much can I get the faulty person to pay for?

I'm handling a claim right now with similar facts. You'll find lots of good information on avvo.com explaining what damages you are entitled to. The at fault party (specifically their insurance) is liable to pay for damages that flow from the injury. If you are off work they are responsible for those damage. They are responsible for mileage to the doctor also. There are a great number of attorneys that would give you great advice in Milwaukee. Feel free to check out my blog for...

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Victim of dog bite

Cheryl, I'd recommend you ask to speak with your client/co worker's insurance company. If she won't give you her insurance information then hiring a lawyer may be the right next step. I recently had a similiar situation where my client was getting no where. I sent numerous letters which were ignored. Finally, I had to draft a Summons and Complaint and told the dog owner I was going to file it within 10 days if I didn't hear from them or their insurance company. I heard from there...

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Is she not negligent for leaving the cart in a position that could cause damage

I agree with Chris. If her insurance company doesn't take responsibility you'll probably have to take her to small claims court. But, I'm not sure if it is worth your time and expense. Many counties have a small claims clinic, so filing that sort of claim is pretty "easy."

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I was in a car accident on the interstate in Wisconsin. Am I liable for damages?

Lars is certainly correct regarding auto insurance. It's for situations exactly like this. In Wisconsin if you are found to be 50% or more at fault then you are responsible to pay that percentage of the damages. If the other car is found 51% at fault then that driver will not be able to recover. Have you considered filing a counter claim for the damage to your vehicle? Depending on the facts it may be a 50/50 split where each person's damages would, in essence, off set. I know of...

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Question about being sued after an auto accident.

Have you formerly "tendered" the defense the of claim to your insurance company? It sounds like your insurance company is acting in bad faith. I suggest reading the policy and meeting with your adjuster. Be sure to follow up all correspondence with your insurance company in writing. Good luck. Jon Groth www.jonpgroth.com

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Is a retail store liable for severe damage done to my car by an unbolted down cart corral during a severe thunderstorm?

This begs the question: why wasn't the corral bolted down? There are a few more questions that need to be answered. For example, how far was your car from the corral and are you sure it was just the storm and not another car that struck the corral pushing it into your vehicle? Wisconsin now has a $10,000.00 small claims limits for cases like this. Good luck.

Can the owner of a vehicle be sued if they were not in the accident?

I assume that your friend borrowed your car without your permission and was involved in a collision. Because the car was in your name the injured party filed a lawsuit against you (the owner) and the driver. If there is a judgment against you and you did NOT answer the lawsuit then the injured party probably moved for default judgment. In Wisconsin, when a party moves for a default judgment they must tell the court whether the defendant was in the military. The plaintiff must not have done a...

My son was crossing the street after getting off the city bus and was struck by a vehicle trying to cross the street. Can I sue

I hope your son is okay. First, you'll need to look at the police report and see where in the street your son was crossing. If he was crossing at a cross walk this will have an impact on whether the car was at fault. In my experience with "dart out" cases insurance companies want to put blame on the child if there were not independent witnesses to the incident. If this happened recently I'd recommend talking with an attorney who can send investigators out to get witness statements and, if...