Murphy & Prachthauser Wins Wisconsin Supreme Court Case against State Farm Milwaukee-based Murphy & Prachthauser

was recently victorious in a Wisconsin Sup reme Court case that allows plaintiffs to recover the full value of their medica l services when making underinsured motorists claims. Argued by Milwaukee auto a ccident lawyer Keith Stachowiak, the case will ensure Wisconsin citizens injured in car accidents receive the coverage they paid for when purchasing automobile insurance. Milwaukee, WI (USA), Tuesday - June 05, 2012 -- Personal injury law firm Murphy & Prachthauser ( http://www.murphyprachthauser.com ) recently won a Wisconsin Su preme Court case that reinforced the Collateral Source Rule for uninsured or und erinsured motorist coverage. The court ruled on March 7 that the plaintiff, Lind a Orlowski, was allowed to recover the reasonable value of her medical servicesin cluding those amounts that were written off by the medical providerfor her underi nsured motorist claim. Orlowski v. State Farms conclusion before Wisconsins highest court is a significan t case with broad potential impact. The ruling will apply to the hundreds of und erinsured motorist cases pending in Wisconsin, as well asby implicationall uninsur ed motorist cases, according to Attorney Keith Stachowiak, of the law firm of Mu rphy & Prachthauser s.c., who represented the plaintiff. "This case put an end t o a rule that permitted an insurance company to limit the amount it was required to pay to policy holdersunder both uninsured and underinsured motorist coverages in Wisconsinfor medical expenses policy holders incurred to treat their injuries ," said Stachowiak, the Milwaukee auto accident lawyer ( http://www.murphypracht hauser.com/areas-of-expertise/milwaukee-auto-accident-lawyer/ ) who authored the Wisconsin Supreme Court brief and made an oral argument before the court in lat e January 2012. Kevin Kukor and Josef Zimmerman of Murphy & Prachthauser also pa rticipated in the case. The case represents a reaffirmation by the Wisconsin Supreme Court of an importa nt principal of law known as the Collateral Source Rule. Traditionally, under th e collateral source rule, a defendant couldnt seek to reduce its liability by int roducing evidence that the plaintiff had received compensation from other source s, such as the plaintiff s own insurance coverage. This ensured that a person re sponsible for injuring someone in an auto accident could not get off the hook by claiming he didnt have to pay the injured partys medical expenses or lost wages b ecause the injured person had health insurance or an employer continued to pay h is wages when he missed work. The amount a negligent person owed would not be re duced because of payments made by the injured persons health insurance or employe r. The Collateral Source Rule applied to all auto accident cases until 2001, when t he Wisconsin Court of Appeals held in Heritage Mutual Insurance Co. v. Graser th at it would no longer apply to uninsured and underinsured motorist claims. After that, insurance companies began agreeing in uninsured or underinsured motorist claims to compensate injured parties only for the amount their health insurance paidnot the amount their doctors charged. The March ruling is long-overdue vindication for Orlowski, who was not satisfied with $11,498 in medical expenses previously awarded by an arbitration panel for damages resulting from an auto accident several years ago. The reasonable value of Orlowskis medical services was $72,985, and her medical provider chose to wri te off/waive $61,487. Arbitrators decided to award Orlowski only the difference between the two amounts$11,498. So Orlowski sued in the Milwaukee County Circuit Court for a modification of the award. Ultimately, the court sided with Orlowski and modified the award to include the written-off figure, which required State Farm to reimburse her for $61,487. State Farm appealed the decision, and the cas e was elevated to the state supreme court for resolution.

The Wisconsin Supreme Courts unanimous March ruling is the final word on Orlowskis right to receive the full reasonable value of the written-off medical expenses in her underinsured motorist case. It created a blanket directive that the Colla teral Source Rule applies to an injured parts underinsured motorist action. For m ore information, please visit http://www.murphyprachthauser.com or call Keith St achowiak at 414-271-1011. About Murphy & Prachthauser, s.c.: Murphy & Prachthauser is one of the most respected groups of personal injury law yers in Milwaukee. ( http://www.murphyprachthauser.com ) The firm distinguishes itself by approaching each case individually and with the clients best interest i n mind. It also employs a tag-team approach to ensure the best strategy and prepar ation for trial. Murphy & Prachthausers six attorneys, who have worked together f or a long time, have garnered local and national recognition for its successful cases. Murphy & Prachthauser holds the highest possible rating for ability and e thics by esteemed peer review service Martindale-Hubbell. Press & Media Contact: Attorney Keith Stachowiak Murphy & Prachthauser, s.c. Milwaukee, WI - USA 414-271-1011 kstachowiak@murphyprachthauser.com http://www.murphyprachthauser.com