Get Help Now
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.
- Page 1
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.
I was hurt by a police officer’s Taser. Should I pursue a police brutality case?
The answer depends on the circumstances of the incident that led to your injury. Tasers shoot electricity and may temporarily stop a person from doing something. Tasers are less likely than guns to result in fatalities and serious injuries and a police officer’s use of a Taser may be reasonable and justified in some circumstances.
Tasers May Also Be Excessive Force
All of the circumstances of a particular incident must be thoroughly reviewed in order to determine whether an officer’s use of a Taser was an act of police brutality. Some circumstances that could be relevant include whether:
- The officer was in danger of suffering a physical injury or reasonably believed that he was in physical danger.
- A member of the public was in danger or the officer reasonably believed a member of the public to be in danger.
- The officer tried other less invasive means of controlling the situation or taking you into custody.
- The officer was appropriately trained on the use of Tasers and complied with department policies and procedures.
If, based on the unique circumstances of your incident, the police officer acted with excessive force and you suffered a physical injury then you could have a potential police brutality claim.
Take Action If You Suffered a Police Brutality Taser Injury
The government often vigorously defends the police force against allegations of police brutality. However, if a police officer has hurt you by using excessive force then you deserve to make a fair recovery for all of your damages including, but not limited to, past and future medical bills, lost income, out-of-pocket costs, physical pain, and emotional suffering.
If our experienced police brutality lawyers believe that the officer’s use of a Taser was police brutality, then we will do everything that we can to help you recover. Please contact us today for a free consultation in any of our Iowa offices, Cedar Rapids, Des Moines, or Quad Cities, or let us know if you would like us to come to you.
How can I file a complaint against an Illinois State Police Officer?
It takes a lot of trust in the police department and a lot of personal strength to report police brutality. You are asking other law enforcement officials to investigate what happened and to report back on the potential wrongdoing by one of their own.
Reporting police brutality is, however, an important step to take. There needs to be an investigation into what happened so that the reputation and work of the majority of police officers—who are good people and who do not use excessive force—is protected.
Making a Police Brutality Report to the Illinois State Police
If an Illinois State Police Officer has used excessive force and hurt you, then you have the right to report it to the Illinois State Police, Department of Internal Investigations. You can do this by completing the Illinois State Police Complaint Against Department Member form completely and accurately. It is important to note that Illinois state law requires that you sign your complaint form and that it is notarized as a sworn affidavit before you submit it. Once this has been done, you may submit your complaint to:
Illinois State Police Division of Internal Investigation
801 South Seventh Street, Suite 100-N
Springfield, Illinois 62703
Additionally, you may be able to report your allegations of police brutality to the federal government by filing a complaint with the United States Department of Justice Civil Rights Division.
Contact an Illinois Police Brutality Lawyer Before Making a Complaint
An internal complaint may be one way to pursue justice after you’ve been hurt by a police officer’s use of excessive force. However, you may also be able to file a civil lawsuit and be able to pursue damages for the serious injuries that you’ve suffered. If you’ve been hurt by a member of the Illinois State Police or by any other law enforcement officer in the State of Illinois, then we encourage you to contact our experienced police brutality lawyers as soon as possible for a free, confidential, no-obligation consultation.
How do I report a police brutality injury in Wisconsin?
According to the Wisconsin Department of Justice, you should first report any allegation of police misconduct to the head of the police department or the sheriff’s department that employs the officer who hurt you. Some departments have internal affairs departments that will investigate and handle allegations of excessive force or police brutality. In other cases, you may need to notify the mayor or the town manager of the municipality that employs the officer.
The Milwaukee Police Department Citizen Complaint Process
As an example, let’s consider how you would report a police brutality allegation in the City of Milwaukee. The Milwaukee Police Department states that “As a citizen, if you believe you have been mistreated or have not received adequate service, you have a moral and legal right to express dissatisfaction with your police department.” This includes allegations of police brutality. If you file a complaint, it is a good idea to do it in writing and to include:
- Your personal information including your name, birthdate, address, and phone number.
- The date, time, and place of the incident.
- A description of what occurred.
- The names of all parties involved and any witnesses.
- Any records, photographs, or other evidence that you may have.
You may write your own report or you can download the Citizen Complaint Form and return it to any Milwaukee Police Department district station or mail it to:
Milwaukee Police Department
Internal Affairs Division
6680 North Teutonia Avenue Room 325
Milwaukee, Wisconsin 53209
You can file your complaint by:
- Going to a police station.
- Scheduling a meeting with a department supervisor.
- Reporting it to the Internal Affairs Division.
- Reporting it to the Milwaukee Fire and Police Commission.
Don’t Forget to Protect Your Rights by Contacting a Police Brutality Lawyer
An attorney can help you not only with filing a complaint with the right local, state, or federal agencies but an attorney can also represent you in court and fight for your fair recovery of damages. To learn more about your rights and about how to protect them, please contact our experienced police brutality lawyers at any time to schedule a free and confidential consultation.
What is a fair motorcycle accident settlement?
It would be impossible and irresponsible to give you a specific dollar amount online. Every motorcycle crash and every injury that results from a motorcycle crash is unique. However, we can tell you what a fair settlement should include, what factors influence the amount of a proposed settlement, and how to find out more about the specific amount your case may be worth.
You Deserve Compensation for All of Your Motorcycle Crash Injuries
This includes damages for your past, current, and future:
- Medical expenses. All of your health care costs that are related to your bike crash injuries including ambulance rides, hospital stays, surgeries, medications, doctors’ visits, physical therapy, and other rehabilitation therapies should be included in your recovery.
- Lost income. Any income that you are unable to earn because of your injuries may be compensated. This includes income from wages and self-employment, and it includes a full loss of income if you can’t work at all or a partial loss of income if you can’t work as much as you did prior to the accident.
- Physical pain and emotional suffering. These may be your most significant damages and the hardest to value. However, you deserve compensation for all of your pain and suffering, and an experienced motorcycle accident lawyer can help you value these damages and recover for them.
- Out-of-pocket costs. Any other costs that are related to your accident may be recovered.
The value of these damages depends on the quality of the evidence that you have that proves who was at fault for the crash and the value of the evidence that proves the value of your damages. Additionally, whether you are willing to accept the risk and uncertainty of going to trial should factor into your decision about whether or not to accept a proposed settlement.
Find Out What Your Motorcycle Crash Case Is Worth
We understand that you want to know what your case may be worth. We are also riders. If another person’s negligence caused your motorcycle crash injuries, then we encourage you to contact our experienced motorcycle accident lawyers today for a free and confidential consultation. We will review the evidence in your claim and other factors that could influence your settlement, such as which insurance companies are involved, and help you understand what you may recover so that you can make an informed decision about whether or not to pursue a legal settlement after your Iowa motorcycle crash.