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From helping you after a dog attack or truck accident in Wisconsin to defending your rights as a rider, the personal injury trial attorneys at Hupy & Abraham will be fierce advocates in your time of need.
With offices across Wisconsin, Illinois, and Iowa, and representing clients hurt by slip and fall incidents, car accidents, wrongful deaths, drug and medical device injuries, dog bites, nursing home abuse and motorcycle crashes, we are available where you need us and when you need us.
Contact our professional team of Midwest injury attorneys by calling 800-800-5678 today for your free consultation.
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Do I always have to wear a seat belt in Illinois?
It may surprise you to learn that the answer is no because the safety benefits of seat belts are widely publicized. The National Highway Traffic Safety Administration (NHTSA) estimates that 14,688 lives were saved in 2016 because people wore seat belts in passenger cars. A seat belt can prevent you from being ejected from a car, protect you from airbag injuries, and protect you from fatal, critical, and moderate car accident injuries.
Illinois requires the use of seat belts for most drivers and passengers, but there are exceptions to the law.
When Seat Belts Are Required—and When They’re Not
Generally, all drivers and passengers are required to wear seat belts. Drivers are required to make sure passengers who are under the age of 16 are buckled up.
However, there are exceptions to this general rule. Specifically, drivers or passengers are not required to wear a safety belt in Illinois if:
- They are frequently getting in and out of the vehicle, and the vehicle does not go above 15 mph.
- They have a written statement from a doctor that they can’t wear safety belts for medical reasons.
- They have an official certificate or license endorsement from another state exempting them from wearing a seat belt.
- The car is going in reverse (applies to drivers only).
- The car has a model year earlier than 1965.
- The vehicle is a motorcycle, moped, or another vehicle that is not required to have safety belts pursuant to federal law.
- They are in the back seat of a taxicab.
Other exceptions also apply for mail carriers and emergency vehicles.
The police may check for seat belt use if you are pulled over or if the police are conducting seat belt checkpoints. You may receive a ticket for not wearing a seat belt if you are required to wear one and you are not buckled up. If you are driving with a graduated license and you have more than one ticket for failing to wear your seat belt, then your license may be suspended. However, the police cannot search your car any further unless they have probable cause to do so.
Most People Wear Seat Belts in Illinois
While Illinois law does provide exceptions to seat belt use, seat belt use has increased significantly in Illinois since the first state seat belt law went into effect on July 1, 1985. In 1985, 15.9 percent of Illinois motorists surveyed reported wearing seat belts. By 2000 that percentage increased to 70.2 percent of motorists, and in 2016, 93 percent of motorists surveyed reported wearing seat belts.
While most drivers and passengers are required to wear seat belts, Illinois law is clear: the failure to wear a seat belt is not evidence of negligence if a crash occurs. A small fine may be imposed for failing to wear a safety belt as required by Illinois law, but you may pursue a car accident lawsuit, and you may still be entitled to car accident damages if you’re hurt. These damages may include compensation for things like past and future medical expenses, lost income, out-of-pocket costs, physical pain, and emotional suffering.
If you were hurt in an Illinois car crash, then we encourage you to reach out to an experienced Illinois car accident lawyer even if you weren’t wearing a seat belt. Our lawyers know what evidence to look for in car accident cases, and insurance companies know that we mean business. We will go above and beyond the call of duty to make sure that you are treated fairly and that you get the damages that you deserve. Call us, text us, or contact us via this website any time—247/365—to learn more about your rights and possible recovery.
What do I need to know about Wisconsin hit and run laws?
The state of Wisconsin considers it a criminal offense to leave the scene after being involved in a car accident. If someone leaves the scene of an accident which resulted in injury, he could face jail time.
Wisconsin Hit and Run Criminal Penalties
Even if the accident has only caused damage to property, in Wisconsin, you are legally required to stop your vehicle. Failing to do so could lead to serious consequences:
- If you leave the scene of an accident that did not result in any injuries, you may be charged with a misdemeanor and be subject to fines ranging from $300 to $1,000. You could also face up to six months of jail time.
- If the car crash caused minor injuries, you’re likely to be charged with a Class A misdemeanor, and risk facing up to nine months in jail as well as fines as high as $10,000.
- If anyone involved in the accident suffered “great bodily harm” and you flee the scene, you face a felony charge that could mean up to 15 years in jail and a $50,000 fine.
- In the event that you flee the scene of a crash that has resulted in a fatality, the penalty could include up to 25 years in jail plus a fine of $100,000.
These laws may cause people to think twice before leaving the scene of an accident. However, they do not prevent all hit and run accidents, and they do not compensate the victims who are left hurt after another driver fails to stop and take responsibility after a crash.
What to Do If You Are Hurt in a WI Hit and Run
If you are hurt by a driver who has left the scene of the crash, then it is essential to contact the police right away. The police will respond to the accident scene and take steps to find the other driver involved in the wreck. Additionally, the police will make sure that you get any necessary emergency medical attention for your accident injuries.
Even if the police can’t find the other driver, you may still have the right to make a financial recovery for your injuries. In Wisconsin, uninsured motorist coverage is a mandatory part of car insurance policies. The minimum amount of uninsured motorist coverage that you must have is $25,000 per person and $50,000 per accident for bodily injury coverage. At the time that you purchased your car insurance policy, you may have elected additional coverage that could provide you with greater benefits if you are badly hurt in a hit and run crash.
When you make an insurance claim pursuant to the uninsured motorist coverage provisions in your car insurance policy, your own insurance company becomes like an adversarial party. All of a sudden, the company that you pay to insure you wants to pay you as little as possible for your recovery.
As is the case after any car crash involving an injury, you may benefit from working with an experienced car accident lawyer. Our Wisconsin injury lawyers have recovered more than $1 billion for our clients. Insurance companies know that we mean business and that we are not afraid to go to trial. This makes most insurers more likely to engage in meaningful settlement negotiations to avoid a costly trial. After a hit and run accident injury, our lawyers can represent you before your own insurance company to help you get the full and fair recovery for past and future medical bills, lost income, out-of-pocket expenses, physical pain, and emotional suffering.
If you have been injured in a Wisconsin hit and run car accident, contact the experienced car accident lawyers of Hupy and Abraham to schedule a free consultation. We also invite you to download your free copy of our book, The Ultimate Guide for Auto Accident Victims and to request a free copy of our DVD Valuable Information Insurance Companies Don't Want You to Know!
I have developed blood clots after being injured in a slip and fall accident. Can you tell me what types of blood thinners will be used for treatment?
Suffering from a slip and fall accident can be very dangerous, and the injuries resulting from it can be deadly. Sadly, the initial injuries are not the only dangers that are involved. A slip and fall victim may develop blood clots while trying to heal from his initial injuries.
Blood clots can be as deadly as—if not more deadly than—the initial injuries of the slip and fall accident. Because of this, it is important to recognize the signs of a blood clot, such as swelling, pain, warmth, or fatigue. It is also important to be diagnosed by your medical professional.
How a Blood Clot Forms After a Slip and Fall Accident
Blood clots can form whenever a blood vessel is damaged. For example, if you break a bone or suffer a severe bruise in a fall, then you may be at risk for developing a blood clot. This risk may be increased if you remain in the same position for extended lengths of time.
A blood clot that forms deep in the vein of the leg can be particularly dangerous. These blood clots are known as deep vein thrombosis. They can break away from the vein where they form and travel to the lungs where they could cause a life-threatening pulmonary embolism.
Treatment for a Blood Clot After a Slip and Fall
If you have been diagnosed with blood clots, your doctor will want to begin treatment as quickly as possible.
Most likely, as a part of your treatment, you will be prescribed an anticoagulant medication, also known as a blood thinner. Some of the common types of anticoagulants used to treat blood clots are:
- Heparin. This form of blood thinner is very strong and fast-acting. It is typically administered through a needle in a vein but can also be given by injecting it under the skin. Its effects work almost instantly, and it is generally administered in a hospital setting.
- Low-molecular-weight heparins (LMWH). LMWH is very similar to heparin. This form of anticoagulant is not as strong and can be taken at home through self-injection.
- Warfarin. This anticoagulant is used as a long-term medication that is administered through pill form. It takes longer to take effect, usually five to seven days.
Additionally, your doctor may suggest other types of treatments, such as:
- Compression stockings. These tight-fitting stockings go over your legs and may prevent blood clots from forming.
- Surgery. A surgeon may insert a catheter to dissolve a clot, remove a clot, or implant a stent or inferior vena cava filter (IVC filter) to prevent pulmonary embolisms.
There are pros and cons to each treatment, and only a medical doctor can decide which treatment is right for you. Accordingly, we encourage you to see a doctor as soon as possible after any fall so that any blood clots can be diagnosed and a treatment plan can be developed.
Protect Your Legal Recovery After a Slip and Fall Blood Clot Injury
If you have sustained an injury due to a slip and fall accident, it is important to seek compensation for your damages. This includes compensation for a blood clot that was caused by your slip and fall.
Our experienced personal injury legal team might be able to help you recover financial damages if your slip and fall injury was caused by someone else’s negligence. Your recovery could include compensation for past and future medical expenses, lost income, out-of-pocket costs, pain, suffering, and other damages.
To discuss your legal options call the experienced slip and fall lawyers of Hupy and Abraham today at 800-800-5678.
How much will it cost to pursue a Roundup® case?
Roundup® has already cost you a lot more than you thought it would. What you thought you were paying was the retail price of the product. Instead, you ended up paying with a diagnosis of non-Hodgkin’s lymphoma.
Non-Hodgkin’s lymphoma is a type of cancer. It requires expensive medical treatment. You may be unable to work or go about your regular activities during treatment, suffer physically, and suffer emotionally. In other words, the costs may be very high.
Don’t Worry About the Expense of Hiring a Lawyer
The experienced injury lawyers of Hupy and Abraham believe that everyone who is hurt by a product, such as Roundup® deserves to make a fair recovery. However, it can be frustrating, time consuming, and difficult for individuals who try to get that recovery from Monsanto, the maker of Roundup®, on their own.
The potential cost of hiring a lawyer should not be a deterrent from seeking legal help, however. The lawyers of Hupy and Abraham have more than 200 years of combined experience. We know how to get fair recoveries from large companies such as on Monsanto, and you don’t have to pay us anything unless you make a financial recovery. When you work with Hupy and Abraham, you will:
- Get a free, no-obligation consultation. Come meet us in person at one of our 11 offices throughout Wisconsin, Illinois, and Iowa or at a location that is convenient for you.
- Defer litigation costs until your case is resolved. The costs associated with your case can be paid out of your settlement or court verdict.
- Pay your lawyer on a contingency fee basis. Instead of paying an hourly rate, our lawyers will work on a contingency fee basis. This means we will be paid an agreed upon percentage of your final recovery. If you don’t recover, then we don’t get paid.
In the end, you may be financially better off hiring a lawyer than trying to handle your Roundup® case on your own. Even after attorneys’ fees, there could be more money in your bank account when you fight for justice with the help of our experienced lawyers.
Call us today, text us, or reach out to us via this website to learn more about your rights and to schedule your first, free, no-obligation consultation.
Is a police officer’s use of a Taser always police brutality?
No, a police officer’s use of a Taser is not always evidence of police brutality. Instead, each case that involves a police officer using a Taser must be considered individually to determine if the police acted with excessive force.
Tasers are lawful weapons that may be used by police officers. Tasers, also referred to as stun guns, emit electricity rather than bullets. However, Tasers—like all weapons—may only be used as a means of reasonable force given the circumstances.
Tasers May Be Part of Police Brutality Cases
When determining whether a Taser was used lawfully, courts will consider what a hypothetical reasonable police officer would have done in similar circumstances. Specifically, the court might consider:
- The seriousness of the alleged crime that the officer reasonably believed was committed.
- Whether the person who was tased was reasonably thought to be a threat to himself, the police officer, or the public.
- Whether a reasonable officer would have used other, less harmful, methods to control the situation.
- Whether the police identified themselves as cops and warned the person to comply with their requests.
- Whether the police officer used the Taser in compliance with the police department’s policies and procedures.
The courts might consider other things like how many times the person was hit by the Taser and whether the person who was tased was already injured before the officer used the Taser.
Take Action If a Taser Was Used Against You With Excessive Force
Tasers can cause serious injuries or death. If you have been hurt, or if your loved one has been killed, by a Wisconsin police officer’s use of a Taser—then you deserve to know whether you have a potential police brutality case.
Our experienced police brutality lawyers are committed to helping people who have been hurt by police violence. No one should be the victim of a cop’s excessive force.
Contact us today for a free, no-obligation consultation about your legal rights. We will review what happened to you, and if you have been the victim of police brutality then we will fight hard to get you the fair and just recovery that you deserve.
How can a lawyer help me if my loved one was killed by police brutality?
Your family is grieving the loss of a loved one that never should have happened. A police officer used excessive and unreasonable force, and that resulted in your loved one’s death. Your whole life has changed—and your loved one’s life has ended. You have many decisions to make as you struggle to move forward. One of those decisions is whether or not to contact a police brutality attorney in the aftermath of your loved one’s wrongful death.
Here’s How a Police Brutality Lawyer Can Help You
Our police brutality injury lawyers can:
- Investigate what happened to your loved one. This includes preserving and analyzing evidence such as video surveillance footage and witness statements.
- Advise you on your legal options. You may have the right to pursue a police brutality case, to file a complaint with the police department, or to take other action. We can walk you through all of the pros and cons of each option.
- Fight for your family’s rights. You don’t need the stress of pursuing a police brutality claim on your own while you are mourning. Our attorneys can manage the day to day aspects of your case on behalf of your family.
Before we can do any of this, however, you need to make the first call.
Schedule a Free Consultation With a Police Brutality Wrongful Death Lawyer Today
You aren’t expected to know what to do when a police officer is responsible for your loved one’s death. We are here to walk you through all of your options as your family goes through this horrible time. Let us answer your questions in a free, no-obligation, confidential consultation. We would be happy to meet with you at your convenience in any of our Iowa offices, Cedar Rapids, Des Moines, or Quad Cities, or in a location that works for you. Call, text, or reach out to us via this website at any time to schedule your meeting.
I have great respect for police and I’m hesitant to file a police brutality case even though I’ve been hurt. Why should I do it?
It is possible to respect the police and to pursue a police brutality case. We admire the hard work that many police officers do every single day to keep our community safe. Yet, we still believe that police officers who cause injuries or deaths by using excessive and unreasonable force should be held accountable for their actions. More importantly, we believe that the people who have been injured by police brutality should not have to pay for their own injuries or losses.
Police Brutality Cases Help Ethical Police Officers
Most police officers enter the profession for noble reasons. They want to enforce the laws and protect people—they do not support the police officers who abuse their power and put people in harm’s way by using excessive force.
When the police officers who do use excessive force are held accountable, it sends a clear message to the rest of the police force that police brutality will not be tolerated. This helps the police force maintain its good reputation and credibility in the community and it makes the jobs of well-meaning police officers a little easier.
You Deserve Fair Compensation If You’ve Been Hurt by a Cop
It is nice of you to consider the effect that your police brutality case may have on other police officers and your community. However, it is also important to think about yourself. You have been injured because a police officer did the wrong thing and used unreasonable force against you. You deserve fair compensation for all of your injuries, including but not limited to past and future:
- Medical expenses
- Lost income
- Out-of-pocket costs
- Physical pain and emotional suffering
- Other damages as allowed by law
To learn more about the pros and cons of pursuing a police brutality claim, please call our experienced police brutality lawyers today for a free, no-obligation consultation. We are available any time via text, phone, or email and we would be pleased to meet with you in any of our Illinois offices or in a location that is convenient for you.
Can I recover damages if my loved one is killed by the police?
The police who you thought were protecting your community and your family are responsible for your loved one’s death. This can leave you with many questions as you mourn the loss of your loved one. One of those questions is the one you ask here or, more specifically, whether the police department can be held accountable for your loved one’s death and whether the government should be required to pay for things such as the medical expenses your loved one received prior to death, funeral costs, lost income, pain, suffering, and other losses.
To Recover Damages You Will Need to Prove Police Brutality
You may have a legal case and you may be able to recover damages if you can prove that the police used excessive force or force beyond what was necessary in the situation that led to your loved one’s death.
Police brutality can be difficult to prove since, in most cases, the police are likely to deny that they used excessive force. For this reason, in order to recover damages in a police brutality case you are going to need evidence. While every case is unique, some types of evidence that may be useful in proving your police brutality claim include:
- Police dispatch records
- Video cameras in police vehicles, police stations, or prisons
- Body cameras on police officers
- Video surveillance from surrounding businesses or homes
- Witness statements
Together, this information can help you, your attorney, the police, and the court understand exactly what happened to your loved one. However, you will need to act quickly to preserve the evidence that will get to the truth of what happened to your loved one
Contact an Experienced Police Brutality Lawyer If Your Loved One’s Been Killed
Our Wisconsin police brutality lawyers have settled the largest police brutality case in state history. We would be pleased to provide you with a free and confidential consultation so that you can learn more about your rights and about how we may be able to help you get the recovery that you deserve after a police brutality wrongful death. Contact us anytime via text, phone, or email to find out more.
Can restraints be used in Iowa nursing homes?
Yes, there are some situations when physical restraints may be used in Iowa nursing homes. However, physical restraints may only be used in very specific circumstances and may not be used for the convenience of nursing home staff.
When Restraints May Be Used in Nursing Homes
Anything that restricts a resident’s ability to move or her independence may be considered a restraint. This may include things like bed rails, belts, cuffs, or certain medications. A physical restraint may be used:
- To treat a resident’s medical condition.
- With the consent of the resident or the resident’s legal representative.
- In such a way to allow residents to receive adequate exercise and to allow residents to perform their activities of daily living.
Restraints should only be used by trained staff members.
When Restraints May Be Nursing Home Abuse
Restraints that are more restrictive than necessary to care for a resident’s medical condition may be a form of nursing home abuse. Nursing home staff cannot, for example, use restraints to manage a resident’s behavior because the nursing home is understaffed or because nursing home staff do not want to deal with certain behaviors.
Restraints can lead to a host of injuries including feelings of isolation, anxiety, depression, bruising, bedsores or even death.
What to Do If Your Loved One Has Been Unlawfully Restrained
If your loved one has been injured due to an unlawful restraint in an Iowa nursing home, then you can encourage your loved one to talk to an experienced nursing home injury lawyer. Your loved one deserves to live with dignity and respect and not to be restrained for the convenience of others. Any injuries that result from improper restraints should be investigated and the right people should be held accountable for any nursing home abuse injuries.
To learn more about your loved one’s rights, please download our FREE Guide for Nursing Home Abuse and Neglect Victims, and contact us today for a free consultation in one of our conveniently located Iowa offices or in a location that works for you.
Can my loved one file a nursing home abuse or neglect case in an Illinois court if no one reported the abuse to the state?
Yes, your loved one may pursue a nursing home abuse case even if the elder abuse was not reported to the state of Illinois.
Nursing Home Abuse Is Not Always Reported
According to Illinois law, if an older person is unable to report abuse, then certain professionals are legally required to report nursing home abuse. The federal Social Security Act also requires that nursing home abuse or neglect be reported to local police for investigation.
Despite these laws, an audit from the Office of the Inspector General of the United States Department of Health and Human Services has found that some allegations of rape, sexual abuse, physical abuse, neglect, abandonment, and maltreatment went unreported. Of the 33 states included in the federal audit, Illinois had the highest incidents of unreported nursing home abuse allegations.
You Loved One May Still Pursue a Nursing Home Abuse Case
Nursing home staff members who do not report credible allegations of abuse or neglect have done the wrong thing. However, this mistake should not interfere with your loved one’s right to make a fair recovery in a nursing home abuse case.
Regardless of whether the alleged abuse was reported to the police or the state, your loved one may have a successful nursing home neglect case if the following can be proven:
- The nursing home owed your loved one a duty of care. If your loved one was a resident in the nursing home, then the nursing home owed her a duty of care.
- The nursing home breached the duty of care. The duty of care is breached when the nursing home or a nursing home staff member fails to act like a reasonable nursing home or nursing home staff member would act in similar circumstances.
- The breach in the duty of care caused your loved one’s injuries. In other words, the injury would not have happened but for the action or inaction which breached the duty of care.
- The person filing the case has the right to legal damages. This may be your loved one if she is able to pursue a claim or her legal representative if she is not able to pursue a legal case.
Your loved one may also have a case if you can prove the specific elements of an assault or another type of intentional tort.
To find out more about your loved one’s rights and about pursuing a legal case for nursing home abuse or negligence, please contact our experienced attorneys today for a free, no-obligation consultation.