A seven-year old client of this law firm was awarded $20 million by a judge after a trial in federal court on June 9, 2006. The claim alleged that a medical clinic run by the United States Government provided inadequate care before and during her birth in 1998.
An attorney from Detroit who focuses his practice on birth injury cases and Attorney Hupy finished the case after several years of preparation and attempts to resolve the claim of the mother and daughter without a trial.
Attorney Hupy previously represented a child in a claim against a medical clinic who was injured when his mother slipped on ice in front of the clinic. That case was settled against the clinic and its insurance company for a structured payment of $22 million.
Although his father was killed in a motorcycle accident four months before he was born and his parents were never married the now eight-month old son of an Illinois biker, who was killed in a motorcycle accident in Illinois on April 18, 2005, will receive a settlement that could be worth more than three million dollars. Attorneys Michael F. Hupy and Jason F. Abraham who have offices in Wisconsin and Illinois appeared in a Southern Illinois Court on April 10, 2006, and received approval of the settlement.
Also in Court were longtime A.B.A.T.E. of Illinois Chapter President and Hupy and Abraham Investigator Bob Sumption. He works out of the law firm offices in Normal, Decatur and Peoria, Illinois.
Hupy and Abraham, S.C. proved that under Illinois law, a viable fetus is an heir and can make a wrongful death claim. John Claxon, III was not yet born when his father died as a result of a vehicle making a U-turn on a Southern Illinois highway without looking properly before doing so.
Hupy and Abraham, S.C. represent injured bikers and support bikers’ rights organizations throughout Wisconsin and Illinois and nationally.
Attorney Michael F. Hupy recently negotiated a six-figure settlement for Paula White, former Northern Illinois A.B.A.T.E. president. Other lawyers would not take her case.
Paula White was delivering mail for the United States Postal Service on July 18, 2002, when she received a startling phone call. It was the Pleasant Prairie Police Department, who informed her that something terrible had happened at her horse farm and that she should return there immediately. Extremely concerned, Paula started driving home, as she worried about how her mail would get delivered that day, and more importantly, whether something tragic had happened to her husband David “Spock” White, who was working on the farm.
Upon arriving at the farm, Paula was met by a captain from the Pleasant Prairie Police, who refused to give her information and instructed her to wait by her vehicle. Paula, concerned for her husband, started walking toward her house, when the captain grabbed her by the back of the shirt, and kicked at the back of her knees. Paula fell to the ground, hitting her knees. The captain then put his knee in the back of Paula’s neck as he held her arms behind her back.
Paula found out some time later that she had been accused of stealing a horse trailer from another Pleasant Prairie resident. The next two years were difficult ones for Paula. As a result of the assault by the Pleasant Prairie Police, she sustained a fractured neck, and knee injuries, which required surgery. To add insult to injury, Paula faced a lengthy court battle to prove her innocence. In February 2004, a judge found her not guilty, and dismissed the case. The alleged victim of the theft was charged with insurance fraud over the incident.
Attorneys Chad Kreblin and Angela McGraw of the Hupy Law Firm handled the court proceedings and Attorneys Michael Hupy and Chad Kreblin attended the mediation session resulting in a settlement for Paula eight times the original offer.
On August 29, 2004, Donna Mack-Iwanski, was a passenger on her husband’s motorcycle. As they were traveling in Bayside, Wisconsin, on Brown Deer Road, a driver suddenly pulled out from a side street and smashed into the motorcycle. It became apparent to everyone at the scene of the accident that she had received a very serious leg injury as a result of the impact.
Mrs. Mack-Iwanski was transported from the scene of the accident to Froedtert Memorial Lutheran Hospital. Upon her arrival, the doctors did everything they could to try to save her leg. Unfortunately, after numerous surgeries, the doctors were unable to do so and were forced to amputate her leg below the knee.
Mrs. Mack-Iwanski was a model patient. From the date of the accident forward, she had a positive outlook and reminded herself that the accident could have been worse. Throughout her physical therapy and follow-up appointments, she worked tirelessly to get herself back to as normal a life as possible.
As a result of the accident, Mrs. Mack-Iwanski incurred approximately $260,000.00 in medical expenses. Thankfully, she is now able to go back to work with the use of a prosthetic device. Attorney Jason F. Abraham was able to get the insurance company to go to mediation before filing a lawsuit. After a number of hours of mediation, Attorney Abraham was able to get the case resolved where the total payouts will amount to $2.9 million.
On September 5, 2001, James Bishop was test-driving a Harley-Davidson Sportster in Sauk County, Wisconsin, when a woman attempted to make a left-hand turn into her driveway. Mr. Bishop had no place to go, and his motorcycle slammed into the rear of the vehicle. The car’s driver said she didn’t see Mr. Bishop’s bike except in her peripheral vision, but she knew he was speeding. Mr. Bishop was unconscious at the scene of the accident and had no memory of the facts of the accident. Following the accident, Mr. Bishop was flown to the University of Wisconsin Hospital for treatment of a serious leg injury suffered as a result of the accident.
The insurance company took the position that Mr. Bishop was 100% at fault for this accident. As a result, they never made an offer to resolve this claim. Attorney Jason F. Abraham rejected this position. He believed that Mr. Bishop was driving, the speed limit and, the other driver should have seen his motorcycle. Mr. Bishop’s medical expenses were in excess of $100,000.00. Upon conclusion of the trial, a 12-person jury rendered a verdict awarding Mr. Bishop $343,000.00 in past and future damages. The jury rejected the insurance company’s position that Mr. Bishop was the cause of this accident. Mr. Bishop was thrilled with the result and the award will help him and his family put this matter behind them. This is another example of a law firm that is willing to do whatever it takes to help bikers.
A jury didn’t agree that an insurance company’s offer was enough. On July 23, 2001, Simmon Martinez was traveling from one construction job to the next. As he was traveling east on Fond du Lac Avenue and entered the intersection with 68th Street, a vehicle ran a red light and smashed into the back of his truck. The force of the collision spun the Martinez vehicle 180 degrees and caused substantial structural damage. Following the accident, he was seen at the VA with back, neck and elbow pain. Unfortunately, Mr. Martinez’ back injury did not heal and ultimately required a surgery. Given the permanent nature of his back injury, he was no longer able to do the construction type work that he did before the accident.
Prior to the start of a lawsuit, the insurance company made no offer to resolve the claim because they stated that Mr. Martinez ran the red light. At a mediation before trial, the insurance company offered $75,000.00 to resolve the claim. Attorney Jason F. Abraham rejected this offer and took the case to trial. Upon conclusion of the trial, a 12-person jury rendered a verdict awarding Mr. Martinez approximately $340,000.00 in past and future damages. Mr. Martinez was ecstatic with the result and the hard work put into the case by Attorney Abraham. Not all law firms are willing to try cases. Thankfully, Simmon Martinez hired a law firm committed to doing whatever it takes for its clients.
On May 17, 2004, 4 year-old Maika Thao was viciously attacked by a pit bull while walking home from school with her siblings. At the time of the attack, the dog was not leashed and was unattended. During the attack, the pit bull bit Maika in the arm, and then locked its jaws on the back of her skull, tearing her scalp off.
Following the attack, Maika was immediately airlifted to Children’s Hospital in Milwaukee, where she underwent the first of many surgeries to reattach her scalp. Maika’s doctors report that through her treatment she has been extremely brave. Although faced with more surgeries, Maika has made great progress, and has attempted to return to her normal life.
Following the attack, the Thaos contacted Michael F. Hupy & Associates upon the advice of their family lawyer. Attorneys Chad Kreblin and Jason Abraham immediately began investigating the attack, and collecting medical records. Due to their hard work, within only six months, they reached a settlement with the insurance company for the dog owner.
However, after agreeing to a settlement amount, the owner’s insurance company demanded that the money be reinvested into their own company, and be paid out over Maika’s lifetime. Recognizing this as an attempt by the insurance company to profit off this tragic event, Attorneys Kreblin and Abraham went to court, and convinced a judge to force the insurance company to pay the money directly to our firm, where it was properly invested for the benefit of Maika. Where other attorneys may have caved into the insurance company, we went to court for our client and won.
Many lawyers advertise that they handle serious injury cases, however Michael F. Hupy & Associates has decades of experience handling these cases in a timely matter, without compromising quality service and aggressive representation of our clients.
In an effort to make a difference in the life of others, a seriously injured biker started a non-profit organization called Bikers Down following his own accident. It is through this organization that he educates other bikers on the dramatic effect a serious accident can have on a family’s life. It is Scott Perzentka’s goal to raise a substantial amount of money in the future to help other bikers in the event they are confronted with a catastrophic accident like his. We support Bikers Down and encourage everyone to do likewise. Visit his website at www.bikersdown.us. The following is his story.
On July 3, 2003, the life of Scott Perzentka was shattered. As he was test driving a Harley Davidson motorcycle from a local dealership, a semi-truck, without warning, started to make a left hand turn in front of the motorcycle. Although Mr. Perzentka made a frantic effort to avoid the semi-truck by slamming on his brakes and laying down his motorcycle, he was unable to avoid the collision. Mr. Perzentka smashed into the front of the semi-truck and was ejected from the motorcycle.
The City of Oshkosh ambulance rushed Mr. Perzentka from the scene of the accident to Mercy Medical Center with life threatening injuries. While en route to the hospital, Mr. Perzentka faded in and out of consciousness. His primary diagnoses included a traumatic brain injury; a fractured pelvis, hip and jaw; an ankle injury; and numerous contusions, abrasions and lacerations.
On July 29, 2003, Mr. Perzentka was transferred into the physical rehabilitation unit at Mercy Medical Center where he began his long, painful road to recovery. Finally, one hundred days following this collision, he was released from the hospital into the care of his mother. Mr. Perzentka’s doctors viewed him as a medical miracle. His hard work and dedication to his recovery made him a model patient. Although Mr. Perzentka worked tirelessly to bring his body back to health, he can no longer participate in running, jumping or lifting in excess of 75 pounds. He continues also to receive follow up treatment regarding the psychological trauma of being involved in such a dramatic accident.
Over and above the physical and emotional injuries Mr. Perzentka sustained as a result of the July, 2003, accident, he was also presented with professional challenges. Prior to this collision, Mr. Perzentka owned and operated three companies. Unfortunately, based on the injuries he sustained in the accident, he was forced to close two. However, Mr. Perzentka now dedicates himself to the continued success of the remaining company that has been in existence for over 50 years. I am sure that he will have nothing but continued success based on his positive outlook and hard work.
Immediately following the accident, Mr. Perzentka’s mother contacted our law firm and our experienced team began working on his claim. Attorney Jason F. Abraham was able to resolve Mr. Perzentka’s claim without the necessity of a lawsuit. The insurance company paid approximately $950,000 in settlement of this claim as a result of Jason F. Abraham’s efforts on behalf of Mr. Perzentka. This payment was received even though the company that owned the semi-truck was in receivership.
We are happy to report that Mr. Perzentka has made an astounding recovery based on the injuries he received. We are sure that he will make a difference to many bikers in the future based on his dedication to the cause. We are happy to call him our client and our friend.
On August 14, 2002, Scott Beyer was leaving his home to go to work like every other day. However, shortly after he left his home, a truck owned by the Pepsi Corporation pulled directly into the path of his motorcycle, causing a horrible collision. As a result of the accident, Mr. Beyer was rushed by ambulance to Froedtert Memorial Lutheran Hospital.
When Mr. Beyer arrived at the hospital, he was diagnosed with multiple broken bones. His injuries were so severe that he was hospitalized for over two months, and he required five surgical procedures to repair his fractured leg. Mr. Beyer was an exemplary patient and worked extremely hard in an attempt to put his life back together.
Approximately a year after the accident, Mr. Beyer was able to return back to work full time. Although he still suffers with the lingering affects of this accident, we are proud to report that Mr. Beyer is doing well.
Immediately following the accident, Mr. Beyer and his family contacted our law firm, and our experienced team began working on the claim. Attorney Jason F. Abraham immediately hired an engineering expert to examine the motorcycle and the Pepsi truck in an attempt to avoid any argument that Mr. Beyer was substantially at fault for the accident. Thankfully, the expert was able to view both vehicles and the scene of the accident and come forward with favorable opinions. The parties went to mediation before a lawsuit was filed, and, after approximately 5 hours of mediation, Attorney Abraham was able to get the case resolved with Pepsi paying $1.45 Million.
Vernita Brooks, a severally injured electrician, received an increased settlement from $200,000 to $440,000 after switching from a local law firm to Attorneys Jason F. Abraham and Chad A. Kreblin of Michael F. Hupy & Associates. Ms. Brooks’ prior attorneys attempted to settle her case for $200,000 without her permission. In fact, they told Ms. Brooks that it was not possible for her to receive more than $200,000 for her injuries. After Ms. Brooks declined this offer, the prior firm attempted to force her to settle her case, prompting her to seek representation from the Michael F. Hupy & Associates, S.C. Upon taking over Ms. Brooks’ case, Attorneys Abraham and Kreblin immediately hired new experts to evaluate her case, and conducted a proper investigation, leading to the $440,000 settlement.
On February 4, 1998, Vernita Brooks was running electrical wiring through the YMCA portion of the Grand Avenue Mall. As Ms. Brooks was working, several bricks fell from masonry scaffolding above her, hitting her right hand, head, and back, and knocking her off her ladder. Through depositions we later discovered that the bricks that fell on Ms. Brooks were recklessly placed on two boards above the mason’s scaffolding. As the mason attempted to move the boards, the boards separated, and the bricks fell on Ms. Brooks, who was working below.
As a result of this accident, Ms. Brooks’ right thumb needed to be surgically fused, and she sustained permanent nerve pain in her hand, and permanent back pain. Although her injuries were serious, Ms. Brooks was extremely happy with her increased settlement, and is looking forward to moving on with her life.
Not all lawyers are created equal. Some attorney’s advertise that they are experienced in handling large cases, but in fact, have handled very few. The law offices of Michael F. Hupy & Associates has a proven track record in handling large cases, and has a large staff equipped to get you the results you deserve.
In 2001, the life of a motorcyclist and his family was turned upside down. As he was driving his motorcycle in Kewaunee County, Wisconsin, a motor vehicle made a u-turn in front of him, causing a horrific collision. At the time of the accident, he was not wearing a helmet. His injuries were so severe, that he had to be resuscitated at the scene.
The motorcyclist was transported from the scene of the accident with life threatening head injuries. Upon his arrival at the hospital, he was diagnosed with several skull fractures and a severe brain injury. He underwent emergency brain surgery the day after the collision. He remained in a comatose stage for several weeks and was hospitalized for several months. He was discharged from an inpatient facility in November of 2001. Since that time, he has struggled through speech therapy, occupational therapy and physical therapy. Because of his dedication, he has made a better than expected recovery.
Our firm immediately began working on this claim for the family. The insurance company would not offer to settle the case because they knew there was a case pending before the Wisconsin Supreme Court which would decide whether a motorcyclists failure to wear a helmet can be considered by a jury in a personal injury case even though there is no helmet law in Wisconsin. The Supreme Court ultimately decided this case against motorcyclists. As a result, Attorney Michael F. Hupy and investigator Tony “Pan” Sanfelipo worked to have a law passed in Wisconsin, which would protect bikers from a damage reduction. When the insurance company learned we would be successful, they started a lawsuit against the motorcyclist and his family in an attempt to circumvent the new law. Attorney Jason F. Abraham quickly negated the insurance company’s position and the Governor did in fact sign the new law into effect on March 15, 2004.
The insurance company never made any offer to settle the case until the parties went to a mediation. After approximately five hours of mediation, Attorney Abraham was able to get the case resolved where the family will receive 1.9 million dollars. The motorcylist and his family were very pleased with their outcome.
On September 24, 2003, a motorcycle rider from Cedarburg was operating his 2000 Harley-Davidson motorcycle in Mequon, Wisconsin. At that time, a 1996 Ford Explorer failed to yield the right-of-way at a stop sign, striking the motorcycle. The motorcycle operator had no time to take any evasive action.
As a result of the accident, our client received a serious leg fracture, requiring surgery and skin grafting. It was clear to Attorney Jason F. Abraham that the value of this case exceeded the at-fault driver’s insurance policy, totaling $250,000.00.
Although Attorney Abraham immediately demanded the payment of the policy limits, the insurance company failed to pay them. As a result of the insurance company’s inaction, Attorney Abraham immediately filed a lawsuit against them. Moreover, as a result of this loss, the motorcyclist not only received the $250,000.00 policy limits, but also received $15,000.00, personally, from the at-fault driver.
Thankfully, the motorcyclist is back to work and continuing in his recovery efforts.
On August 4, 1998, a college student sustained serious and permanent injuries to the muscular and nerve structures in his neck and back when another individual failed to stop for a red light at an intersection just north of downtown Milwaukee.
With nearly $35,000.00 of incurred medical expenses and pain that would persist for the remaining 50 years of our client’s expected lifespan, Attorney Timothy W. Schelwat insisted that the insurance company for the at-fault driver pay its policy limits of $100,000.00 to settle the claim. The insurer refused to do so, and made its “top dollar” offer at $45,000.00.
Upon conclusion of a trial held in the matter, the twelve-person jury rendered a verdict in which it found the defendant-driver 100% at fault for the conclusion and awarded our client a total of $149,000.00 in past and future damages.
On March 20, 2001, the life of a local bus driver was turned upside down. While driving his school bus in the New Berlin School District, a vehicle suddenly crossed the center line, causing a massive accident. He was immediately taken to Froedtert Memorial Hospital with a serious leg injury. While performing surgery on his injured leg, he suffered a heart attack on the operating table. The injuries sustained required extended hospitalization as a result of this tragic accident.
At the time of this accident, our client was 70 years old. In an attempt to make ends meet, he was working three jobs. When the insurance company first looked into the claim, they attempted to argue that he should not be compensated for the heart condition because, although he had no symptoms, it must have been there before the accident. The insurance company says that they actually saved his life. They initially offered $300,000.00 to settle this claim. Attorney Jason F. Abraham successfully got the insurance company to compensate the bus driver for all of his injuries, including the heart attack. Thanks to the fortitude of the client and the hard work of Attorney Abraham, this case was settled for $500,000.00.
Recently, the lives of new parents, Peter and Jennifer Alberti, were turned upside down. On May 16, 2003, only four months after welcoming their new baby into the world, the Albertis were involved in a serious accident in the City of Milwaukee. While they were traveling north on South 60th Street, a car suddenly made a left turn in front of their motorcycle. Mr. Alberti attempted to avoid a collision, but ended up plowing into the passenger side of the car. He and his wife were thrown from their motorcycle.
The Albertis each suffered serious orthopedic injuries requiring extended hospitalization. Eventually, they were discharged to a rehabilitation facility where they remained until they were able to move about without wheelchairs. The Albertis are home now and attempting to put their lives back together. The bills for their medical care have already mounted into the hundreds of thousands of dollars, and they will need additional medical care well into the future.
The insurance policy of the driver who caused the accident only allowed $25,000.00 for each person he injured. Fortunately for the Albertis, their insurance policy provided $150,000.00 in underinsured motorist coverage for each person injured. Both policies were issued by the same insurance company.
Attorney Jason F. Abraham contacted the insurance company and insisted that they pay the limits on both policies immediately. The company refused. So, because of the extremely serious nature of his clients’ injuries, Attorney Abraham let the insurance company know they had one week in which to pay both policy limits or he would file a lawsuit. Before the week was out, the insurance company agreed to pay both policy limits. Thus, the Albertis received $300.000.00 in less than sixty days after their accident. Attorney Abraham was also able to leave open the Albertis’ right to challenge their policy and get more money if he could demonstrate that the language in the policy allowed additional compensation.
At the time of the accident, the Albertis had health insurance which initially paid all of their medical bills. When the case settled, the health insurance company demanded reimbursement of hundreds of thousands of dollars from the Albertis’ award. Attorney Abraham got the health insurance company to accept a mere $5,000.00 and agree to pay all future medical expenses. This victory allowed the Albertis to keep significantly more of their settlement money.
We wish the Albertis and their new baby well. This case is just one example of the success that hard work and dedication have allowed us to achieve for our clients. If you, a family member or friend have been injured, call Michael F. Hupy & Associates, S.C. We are here to help.
On October 14, 1994, Rufus Fisher was leaving work at A.O. Smith and traveling home. At that time, a vehicle in front of Mr. Fisher stopped suddenly as a result of another accident. In an attempt to avoid rear-ending the car in front of him, Mr. Fisher applied his brakes and turned his vehicle to the left, toward the emergency lane. The driver of the vehicle behind Mr. Fisher failed to have his vehicle under control and rear-ended Mr. Fisher’s car, forcing it into the median wall. Mr. Fisher was unconscious at the scene of the accident and was bleeding from his forehead.
As a result of the accident, Mr. Fisher sustained post-concussive syndrome resulting in memory deficits psychomotor speed deficits and problems with attention and concentration. These deficits were exacerbated by the presence of a major depressive order. It was the opinion of all of Mr. Fisher’s treating doctors that he suffered serious and debilitating permanent injuries as a result of this accident. Mr. Fisher’s medical expenses were in excess of $62,000.
Mr. Fisher was employed at A.O. Smith Corporation as a machinist at the time of this accident. It was his intention to work at A. O. Smith into his 70’s. Mr. Fisher was working 8 – 10 hours a day, 7 days a week prior to this accident. As a result of the injuries he sustained in the accident, Mr. Fisher was unable to go back to A.O. Smith.
On May 22, 1997, a lawsuit was started in Milwaukee County Circuit Court on behalf of Rufus and June Fisher. Prior to the filing of the lawsuit, no offer was made by the insurance company to resolve this claim. In the initial stages of the lawsuit, it was the insurance company’s position that Mr. Fisher might have been at fault for this accident because he would have rear-ended the car in front of him even if he would not have been rear-ended by the insurance company’s insured. As a result, depositions were taken of witness and we were ultimately able to get the insurance company to stipulate to liability on the claim.
There were never any offers made on the file until June 5, 1998. On that date, the insurance company offered $500,000 to settle the claim. This offer was rejected and the parties went to mediation on September 4, 1998. After approximately 3 hours of mediation, we were able to get a settlement offer of $1,000,000, which was accepted.
Michael F. Hupy settled a truck/car accident case for more than $5 million. On December 7, 1994, a truck traveling westbound through an intersection hit a car in which Albert Jones, Jr., a sixteen year old, was a back seat passenger. The truck driver admitted he did not see the car until just before the collision despite clear visibility and no obstructions to block his view. The truck continued through the intersection, over a curb and across the sidewalk. It hit a brick building, crashed through its wall and came to rest 20 feet inside the building.
After being hit by the truck, the car spun out of control and came to rest against a bus. The occupants of the car were removed by the Jaws of Life. As a result of the accident, Albert suffered permanent brain damage and other injuries.
Albert’s father hired another law firm, before turning to Michael F. Hupy & Associates, S.C. Twenty-one months after the lawsuit was begun and four months before the case was scheduled for trial, the first offer was presented to us. Offers of $600,000.00 and $1.5 million were presented and rejected. We obtained $5 million for Albert Jones, Jr.
As you may know, truck traffic has substantially increased on our nation’s highways. If anyone you know is involved in a serious accident involving a truck, feel free to refer them to our office for a free consultation or representation.
A woman involved in an automobile/truck accident, who was represented by Attorney Michael Hupy, will receive a settlement totaling more than $750,000.00.
At approximately 7:25 p.m. on Saturday, October 5, 1991, Julie Basuki was traveling south in Dodge County on Highway U.S. 41. The southbound and northbound lanes are separated by a median. A dump truck was attempting to cross for east to west and had stopped between the north and southbound lanes. The driver of the truck accelerated from a stopped position into the southbound lane causing a collision with the Mazda driven by Ms. Basuki.
As a result of the accident, Ms. Basuki suffered injuries to her ankle, a broken left arm, a crushed heel and general trauma. She was hospitalized for several weeks after the accident and required extensive rehabilitation after she was released. Her medical bills were more than $100,000.00 and she was left with permanent injuries.
Initially, the insurance adjuster offered $450,000.00 to settle the claim. A lawsuit was filed, Ms. Basuki’s deposition was taken and the offer was raised to $500,000.00. The insurance company insisted that there might have been some negligence on Ms. Basuki’s part. After the truck driver’s deposition was taken, settlement offers were gradually increased to approximately $750,000.00, at which time the case was settled. Ms. Basuki will receive more than half a million dollars in cash, plus payments for the rest of her life as part of the settlement.
Because Ms. Basuki was not able to do so herself, her husband contacted our law firm right after the accident. This allowed us to immediately start investigating the case including taking statement from witnesses. Although there was no dispute about how the accident happened, as an interesting sidelight, one of our other clients was behind Ms. Basuki’s car at the time of the accident and was able to provide detailed information as to how it happened.
When involved in an accident, it is important to be represented by an experienced personal injury lawyer. Insurance companies will pay as little as possible to settle any claim. It takes an attorney willing to do all the work necessary to move your case forward to achieve the maximum result.
Although his medical bills were less than $10,000.00 and most of that was for chiropractic care, Russell VanBeek received an award of approximately $500,000.00 as a result of a car/motorcycle accident. The accident happened on a summer day when the driver of a car didn’t see either the stop sign in front of him or the motorcycle traveling on the road.
Immediately after the accident Russell and Heidi VanBeek, the injured parties, retained another law firm. After two months Russell went back to work as a heavy equipment operator. As time went on, the VanBeeks were not satisfied with the services of their attorney and subsequently retained Attorney Michael F. Hupy, to represent them. A lawsuit was started against the other driver and his insurance company.
Shortly before the trial, the insurance company paid its policy its policy limits of $100,000.00 to Russell and $65,000.00 to Heidi. Because Russell’s physical problems continued, it was necessary to look for more insurance coverage for him. Attorney Hupy found an additional $400,000.00 of coverage in four $100,000.00 underinsured motorists policies. He convinced the insurance company that all four policies were available.
However, the insurance company offered only $50,000.00 to settle the underinsured motorists claim. The offer was refused and the case went to an arbitration hearing on August 23, 1996. The VanBeeks received an award of over $500,000.00 including the amounts previously paid by the insurance carrier for the other driver.
If you are in an accident, please feel free to consult with us. If you decide you do not want to hire our law firm, we will give you the names of other personal injury lawyers you can contact yourself. There is no referral fee or fee of any kind for this service
A Milwaukee motorcyclist represented by Attorney Michael F. Hupy, who was injured in an accident on May 8, 1992, has received a $2.9 million cash settlement. Mr. Schmidt was not wearing a helmet at the time of the accident and suffered no head injury. Schmidt said, “I have 100% confidence in my lawyers.” The accident occurred on Highway 73 in Waushara County at approximately 11:15 p.m. on May 8, 1992, when a car driven by James Stirton and owned by Gelco Corporation spun out of control, went backwards across the highway and ended up in the ditch on the opposite side of the highway. Mr. Schmidt was hit when the Stirton vehicle crossed the centerline. Stirton did not see Mr. Schmidt or know that he had hit a motorcyclist until a truck driver who witnessed the accident pointed that fact out to him.
As a result of the accident, Mr. Schmidt suffered multiple serious injuries. His aorta was completely severed and the ends had separated a distance of three inches by the time surgery was done eight hours later. The blood flow from his heart was maintained only because of a thin membrane around his aorta. Mr. Schmidt also suffered a broken right leg as a result of the accident and was left paralyzed from the waist down because the blood flow to his spinal column was interrupted during the life-saving operation on his aorta.
Attorney Hupy used part of his fee to try to promote awareness of motorcycles by other highway users.
In a tragic accident, ten-month-old Chivas Frechette fell out of an unscreened, second-story window and suffered severe injuries. He was hospitalized for more than three months at Children’s Hospital of Wisconsin. For six weeks, he was in a coma and had to be fed through a tube that was run through his nose and into his stomach.
Melissa Frechette, the boy’s mother, realized that her son would end up with massive medical bills and would need enormous financial support. She turned to out firm to win that support for her child.
We assembled a team, headed by Attorney Michael F. Hupy that included attorneys, paralegals and investigators. We examined and photographed the scene of the accident and talked with potential witnesses. Our investigation revealed that the landlord had failed to put a screen on the window, despite numerous requests by Mrs. Frechette.
Next, we did legal research to discover if a landlord has ever been held responsible for such an accident. What we found was just the opposite of what we hoped: several previous court cases ruled that a landlord has no responsibility for such an accident.
This puts us in a very difficult legal position. In order to help little Chivas, we had to win a type of case that no other law firm had ever won. We enlarged our team to include engineers, economists, vocational experts and doctors in order to build a winning case for Chivas.
Shortly before the trial, the judge made it even tougher for us. He ruled that even though the landlord had violated a local ordinance by not installing a screen, we could not tell the jury about this violation of the law. The judge stated that the purpose of the local ordinance was keeping insects out of the Frechette apartment, not keeping people in.
We kept fighting for Chivas, and on the eve of the trial, a settlement was reached. It took tough lawyering, but the landlord’s insurance company agreed to pay Chivas Frechette $1.4 million. The child is now provided for and a great burden has been lifted from his family’s shoulders. Please remember – we’re here to help.
An accident in Outagamie County, on October 15, 1993, has resulted in a settlement of over $900,000.00 for Wendy Pace and her daughter Hannah. Most of the money will go to Hannah, who was 20 months old at the time of the accident.
A truck driven by Dale R. Jensen and insured by Heritage Insurance Company caused the accident. The truck ran a stop sign doing better than 50 miles per hour and collided with the Pace’s car. Jensen was on a job for his employer, Allen Steele Company, Inc., at the time of the accident.
Although Mrs. Pace swerved to avoid the accident, she could not get out of the way of the truck in time. A toolbox flew off of the truck, smashed through the windshield of the Pace’s car and struck Hannah in the head.
Fortunately, a deputy sheriff was on the scene and called for medical assistance immediately. Hannah was treated at Appleton Medical Center and then transferred to Children’s Hospital in Milwaukee. Hannah has progressed well and is continuing in speech therapy to overcome the effects of the injuries caused by the accident.
Attorney Michael F. Hupy spent months carefully documenting and preparing this case for the Pace’s. On December 18, 1995, Attorney Hupy and the Pace family appeared in the court of Judge Dennis C. Luebke in Appleton. The judge approved the settlement, which will provide payments to Hannah for more than 25 years. Among other things, these payments will cover Hannah’s medical bills, both past and future, and the cost of her college education.
Attorney Michael F. Hupy won three victories in court that allowed him to put together a $22 million structured settlement for one of our clients. The client is the seven year old son of a man from Laos who helped rescue downed American pilots during the Vietnam War.
A trial judge, holding there was no liability because the accident happened on city property, dismissed the case. We took the case to the Court of Appeals and won there. The Court of Appeals sent the case back to the trial court for a jury trial. For the first time that we know of in the State of Wisconsin, the trial court required an unwilling plaintiff to go through a trial where he had to prove liability before he was allowed to have a damages trial.
Michael F. Hupy & Associates, S.C. won the liability trial, and the jury in the damages trial awarded $9.5 million to our client, a seven-year-old boy who had been seriously injured when his mother slipped and fell on ice adjacent to the defendant’s property. Offers of $1 million, $1.5 million, $1.6 million, $2 million and $2.4 million were rejected.
The boy’s mother and father were allowed to come to the United States from Laos after the Vietnam War because of his part in helping the Americans. After the trial, Hupy was able to structure the payout over the boy’s lifetime so he will receive payments for the rest of his life totaling $22 million.
Attorney Michael F. Hupy recently won $2.1 million for a child hit by a school bus. This is one of the largest settlements ever received in a case of this type.
On June 6, 1992, a six and a half-year-old Chiquita McCurry was coming home from school. She got off her school bus, went around to the back and crossed the street behind the bus. At that moment, another school bus was passing by in the opposite direction. The second bus hit Chiquita and dragged her body along the pavement. She suffered serious injuries and was hospitalized for several weeks.
The initial police investigation concluded that the bus driver who had struck Chiquita was not at fault. The bus company’s insurance carrier also claimed that driver was not responsible. Police reports can be in error and insurance companies frequently disclaim any responsibility for the injuries caused by their clients.
This is where the training and experience of the attorneys at Michael F. Hupy & Associates, S.C. come in. When Mrs. McCurry called Michael Hupy, he immediately began his own inquiry into the accident. He sent one of our investigators to take pictures and get witness statements.
Mr. Hupy put together all of the documents on the case, including the accident scene photographs, the medical reports and the doctor and hospital bills. The insurance company continued to disclaim responsibility.
At this point, the insurance company decided to send in the big guns from their Florida office. A claims supervisor and a structured settlement specialist flew to Milwaukee to participate in negotiations.
Mr. Hupy hired his own structured settlement specialist and the fight on Chiquita McCurry’s behalf continued. Through a process of tough, hard bargaining, the insurance company officials, without admitting fault, settled the claim for Chiquita’s injuries. We were able to secure a $2.1 million settlement for the little girl and to have its guaranteed portions stretched out over 40 years. The settlement will provide tuition and income for Chiquita during her college years.
Mrs. McCurry contacted another law firm before contacting Attorney Hupy. That firm seemed less than interested in the case.
Attorney Michael F. Hupy has turned tragedy into triumph for a Milwaukee woman and her family. While nothing can ever compensate someone for the loss of a loved one, Attorney Michael F. Hupy recently did his part to help that family of a local child. Marcus Jones, a fourteen-year-old Milwaukee boy, was killed in an Illinois traffic accident in May of 2000. Family members encouraged Marcus’ mother, Laura Jones, to contact Attorney Hupy regarding this tragedy. The boy’s father, a resident of Mississippi, hired an attorney in Arkansas who agreed to have Attorney Hupy negotiate with the insurance company on behalf of all the parties.
Following delays by the insurance company, Attorney Hupy filed a lawsuit in Illinois. Once the suit had been filed, Attorney Hupy negotiated a $600,000.00 settlement on everyone’s behalf.
Hupy, who is licensed in Illinois as well as Wisconsin, filed the lawsuit in Illinois despite the fact that one of the parents resided in Wisconsin and the other in Mississippi. “Illinois has a more favorable wrongful death law than does Wisconsin or Mississippi. In Wisconsin, where Marcus Jones resided, the settlement would have been substantially less because of the state’s cap on claims for the wrongful death of a minor child. This case is an example of my policy of filing a lawsuit in the state court system that will yield the best result for my client,” stated Attorney Hupy.
Attorney Michael F. Hupy previously obtained the largest settlement in Wisconsin history in a case involving the death of a minor child.
If you, a family member or friend has been injured anywhere in the United States, call Michael F. Hupy & Associates, S.C. You will see, as did Laura Jones that Attorney Hupy and his entire staff will go wherever necessary and do whatever it takes to obtain all of the compensation you deserve.
The law firm of Michael F. Hupy & Associates, S.C., obtained $830,000.00 for a Milwaukee man who received substandard medical care from a social service agency. Due to the complex nature of the man’s injuries, his settlement was structured so that his continuing medical needs would be met. “The conditions of this settlement will dramatically improve the quality of this man’s life,” said Attorney Jason F. Abraham.
The 52-year-old man suffered severe frostbite, requiring the amputation of both of his legs below his knees. At the time of the incident, he was a client of a social service agency that controlled all aspects of his life. The agency was paid by taxpayers to assist the chronically, mentally ill man so that he could live in society. When problems arose, rather than providing him with the assistance he needed, the agency neglected the man, who became homeless and nearly froze to death. As a result of his psychological and physical limitations, the man now lives in a group home and will require assisted living for the remainder of his life.
In a preliminary action, Michael F. Hupy & Associates, S.C., was able to convince a judge to declare that the man could not be found at fault for his injuries because of his mental illness. Unfortunately, before the case went to trial, the Wisconsin Supreme Court changed the law regarding mentally ill plaintiffs and overruled that judge’s decision. “This meant that the jury would be able to find that the man has not acted as a responsible person would have acted,” stated Attorney Jason F. Abraham. “In other words, this Supreme Court decision meant that our jury would have to evaluate the man’s actions as if he were not suffering from chronic mental illness.” Despite the change in law, Attorney Abraham was able to obtain additional money from the social service agency’s insurance company.
In describing the results achieved by Michael F. Hupy & Associates, S.C., the outside attorney appointed by the judge to make financial decisions for the mentally man said, “This is an incredible result for the client. To obtain this type of a settlement and to structure it in a way that not only will his basic needs be met for the remainder of his life, but he will actually be able to enjoy life, is a better outcome that anyone could have imagined.”
Attorney Michael F. Hupy believes this case exemplifies the hard work and diligence his firm puts forth on every case. “This case was an example of doing whatever it takes in the face of adversity for our client. Appellate courts reviewed this case on four separate occasions and every time we won. Attorney Abraham, along with all of our staff members, should be very proud of their efforts.”
The life of the Vanden Boom family changed forever on May 18, 2001. That afternoon, Robert Vanden Boom was riding his motorcycle on U.S. Highway 10 in Calumet County, Wisconsin. At approximately three o’clock, an automobile pulled out of a private driveway directly into Mr. Vanden Boom’s path. With no time to take evasive action, Mr. Vanden Boom smashed into the car.
Given the catastrophic nature of his injuries, Mr. Vanden Boom was flown by helicopter to Theda-Clark Hospital. There he was treated for a traumatic brain injury and broken bones, injuries that left Mr. Vanden Boom permanently disabled.
The driver who caused the accident was covered by an American Family insurance policy that carried a $500,000.00 limit. American Family should have stepped up and paid Mr. Vanden Boom’s claim, but it did not. Instead, it paid nothing and made excuse after excuse.
That is when Attorney Jason F. Abraham from our law firm intervened and began pressuring American Family to meet its obligation to pay Mr. Vanden Boom. Initially, Attorney Abraham got the insurance company to advance Mr. Vanden Boom $100,000.00. By the time the case was settled, Attorney Abraham had secured a total of $500,000.00 for him, the entire amount available in the American Family insurance policy. Also, Attorney Abraham saw to it that the Vanden Booms could pursue the driver who caused the accident personally for an additional $200,000.00.
We are happy to report that Robert Vanden Boom is making great strides in his recovery.
After Attorney Abraham’s victory for Mr. Vanden Boom, the Wisconsin Supreme Court handed down a decision detrimental to the interests of motorcycle riders. That decision held that motorcycle operators who were not wearing helmets at the time of an accident could be limited in recovery for their injuries, even if the accident had been caused by someone else’s negligence.
The Law Offices of Michael F. Hupy & Associates, S.C., believes this decision is unjust and unwarranted, especially since there is no law in Wisconsin requiring operators of motorcycles to wear helmets. We are working with local legislators to have a law passed that would rescind the Court’s decision. In Mr. Vanden Boom’s case, his recovery would have been reduced under the Supreme Court’s decision because he was not wearing a helmet at the time of the accident. This reduction could have occurred even though Mr. Vanden Boom was gravely and permanently injured by a negligent driver, who had been solely responsible for the accident.
ADDENDUM: On August 26, 2003, Attorney Hupy testified at a public hearing on a bill that he helped to draft. It would change a Supreme Court ruling, which allowed non-use of a helmet to be used to limit or reduce damage amounts to injured bikers. The bill was sent to the Senate floor on November 4, 2003, by the committee. After discussion, the bill passed by a vote of 23 to 9. The bill then went to the Assembly and a public hearing was held again. Attorney Hupy testified once more, pointing out the infairness of the court ruling. Thanks in part to Attorney Hupy's testimony, the bill passed out of committee and passed the entire Assembly by a vote of 84 to 12.
On March 15, 2004, Governor James Doyle signed SB 223 into law. He explained that non-use of a helmet could not be used as evidence of negligence in an injury trial. He invited Hupy to the signing ceremony where he publicly thanked him, and handed him a pen used to sign the bill.
Mr. Vanden Boom’s case and many others clearly illustrate that the process of resolving a personal injury claim is one in which the insurance companies look out solely for their own financial interests. The Law Offices of Michael F. Hupy & Associates, S.C., is here to protect your interests if you are injured in an accident.
In early 2002, Christine Zoltowski attended a hospital fundraiser at which she bid on and won a hot air balloon excursion. When Christine and her husband arrived to claim their prize, the balloon operator told them that it was too windy to fly that day at that location. He suggested that they drive to another launch site where the operator checked conditions and told the Zoltowskis it would be safe to take off.
The Zoltowskis accepted the operator’s word even though they could see dark clouds in the distance. Shortly after their flight began, the weather conditions deteriorated drastically, and the operator lost control of the balloon.
The Zoltowskis were terrified as the balloon smashed through trees, crash-landed and ejected the couple from the passenger basket. Ms. Zoltowski suffered a sever ankle fracture, which will require two surgeries. Mr. Zoltowski was also injured, but made a full recovery. The trauma of their plunge and crash will have lasting effects on the couple.
Following this incident, the Zoltowskis hired Michael F. Hupy & Associates, S.C. to represent them. Attorney Jason F. Abraham was confident that he would be able to show that the balloon operator had put their lives in jeopardy by launching in weather conditions he knew to be perilous. After discussions with the Federal Aviation Administration, witnesses to the accident and investigators, Attorney Abraham was able to demonstrate to the insurance company that the operator was negligent and responsible for the Zoltowskis’ injuries. Attorney Abraham negotiated a $170,000.00 settlement on their behalf.
Attorney Michael F. Hupy got a $1.1 million verdict for a client, Miguel Rivera, on May 16, 2000, after State Farm Insurance Company would make no offer to settle his motorcycle accident claim. Milwaukee County Circuit Court Judge Michael Sullivan has denied all of State Farm’s motions for a new trial and ordered Judgment entered on the verdict.
State Farm had asked for a new trial based on alleged erroneous rulings of the Court because it claimed that the evidence did not support the jury’s finding of negligence, and it claimed the damages were too high. The Court denied every motion brought by State Farm Insurance Company and rejected the insurance company’s contention that the case should be dismissed or a new trial should be granted.
Rivera had originally retained another law firm who dropped him as a client after 2-1/2 years because State Farm would not make an offer to settle his case. Rivera then retained our law firm, which commenced a lawsuit and prepared the case for trial. Among the things that we did were to find a 1952 model Harley Davidson motorcycle like the one Rivera was driving so that we could show the jury a video of how the accident occurred. Our investigators, who ride motorcycles, were able to accomplish this important piece of trial preparation.
During the trial, both the plaintiff and defense showed videos of the accident scene to help the jury understand how the accident occurred. Attorney Michael F. Hupy felt that the videos shown by the defense during the trial were misleading, so, during the trial he went to the accident scene on Mother’s Day and had additional videos done to be presented to the jury the next day.
Rivera had approximately $42,000 in medical bills and lost $50,000 in wages up until the time of trial. He also suffered injuries to his knee, ankle and shoulder. State Farm’s attorney argued that the amount awarded by the jury for future loss of earning capacity and pain and suffering was excessive. In upholding the jury’s verdict, the Court ruled that the amounts were supported by the evidence and denied State Farm’s request to throw out the verdict. Our law firm represents more motorcyclists than any other law firm in the state, and we have gotten million-dollar results for numerous clients, including motorcyclists.
Rivera and Hupy have rejected State Farm’s recent offer to mediate a resolution of the case after the jury’s verdict. Mr. Rivera’s case is typical of many. He was the victim of someone else’s negligence; he was injured severely; he incurred close to $100,000.00 in medical bills and lost wages, but all his first law firm could do was keep him cooling his heels for 2-1/2 years then drop him. Attorney Hupy won $1.1 million for Mr. Rivera and is making certain that he keeps it.
Miguel Rivera, who was injured in a motorcycle accident on July 10, 1995, received a jury verdict of $1,100,000 on May 16, 2000. He was represented by Attorney Michael F. Hupy.
Another law firm represented Rivera for 2-1/2 years before our law firm became involved. Rivera’s first lawyers withdrew from the case when State Farm Insurance Company would make no offer to settle his claim. Attorney Michael F. Hupy convinced a jury to award $1,100,000 to Rivera.
Rivera was injured when he passed a car driven by Beth Vandeboom. Ms. Vandeboom claimed that she had turned on her left directional signal before turning into her driveway on Stone School Road in Mukwonago. Rivera disputed that her directional was on, saying that he followed the Vandeboom for 0.4 mile without seeing any brake lights or directional signals activated. Rivera worked at the Post Office for 20 years and had to take disability retirement this year because of a knee injury sustained in the accident.
Rivera’s medical bills were $42,000, and he lost $50,000 in wages. His verdict was the largest in Milwaukee County in the past year.
