When Driving Through Somebody’s Living Room Is Not Negligence Every day in America vehicles leave the roadway, travel across well-manicured lawns, smash through garden sheds, patio furniture, swing sets, and plow through the walls of a home, coming to rest inside of somebody’s living room or bedroom. These incidents leave millions of dollars in property…
Believing there is a need for mediation services outside the Milwaukee area, we have established Matthiesen, Wickert & Lehrer, S.C. Mediation Services in Hartford, Wisconsin. With Hartford’s central and convenient location, it allows us to provide reasonably priced ($275 per hour) mediation services throughout Southeastern and Central Wisconsin. Brad Matthiesen, having served as a trial…
Matthiesen, Wickert & Lehrer, S.C. is growing. We are proud to announce the addition of several new attorneys. We appreciate the continued trust and confidence our clients have shown in our abilities to maximize their subrogation recoveries anywhere within North America, and the increased recovery business entrusted to us has necessitated the addition of several…
Complex litigation and subrogation cases involving product liability and/or technical issues frequently require opinion testimony in the form of expert witnesses. The role of the expert is to educate lay judges and juries who lack knowledge about a particular issue or technology involved in a case. This includes everything from the design of a complex…
Mediation has become an integral and very effective tool in the arsenal of the subrogation professional. We find that many of our clients have a great deal of mediation experience, and many have attended mediation without the benefit of having subrogation counsel present – with mixed results. Some years ago, while applying for board certification…
On March 23, 2015, Oregon Governor Kate Brown signed into law Senate Bill 411, making substantial changes to Oregon’s Personal Injury Protection (“PIP”) and uninsured/underinsured (“UM/UIM”) statutes. The Bill amends several Oregon statutes and doubles the PIP medical benefit period from one year to two years. It also changes Oregon UM policies from a “difference…
The campaign to establish liability under the Fair Debt Collection Practices Act (FDCPA) in connection with subrogation took an interesting turn recently, but ultimately reached another dead end. The federal judiciary has made it clear, time and again, that the FDCPA does not apply to third-party subrogation claims because they are not “debts” as defined…
It is entitled “An Act to clarify reimbursement of workers’ compensation insurers to prevent double recovery by injured workers in third-party cases”, but, as with most deceptive titles to pieces of legislation, it is more of a license for trial lawyers to destroy a time-honored right of reimbursement promised to small businesses across Massachusetts. In…
Juris Publishing, Inc. has released the latest and most comprehensive edition of Workers’ Compensation Subrogation In All 50 States, the firm’s unique treatise on the subject. The book is carried on the shelves of every law school in the country and is considered the authoritative resource on the subject. There are very few areas in…
Approximately 12% to 14% of all accidents result in a total loss, a number which has been trending upward since 2002. Insurance companies faced with first-party claims on policies are responsible for paying the actual cash value or market value of an insured’s vehicle so the insured can replace it with a similar vehicle. In…