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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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  • How long do I have to file a lawsuit after a truck accident injury in Iowa?

    You probably don’t have as long as you think.

    Iowa, like other states, limits the amount of time that you have to file a lawsuit in state court after a truck accident. This limitation is not meant to pressure you, but instead it is meant to provide benefits to both you and to the defendant. By acting within a certain amount of time:

    • You have the benefit of getting evidence while is still available and the benefit of making a fair recovery as quickly as possible.
    • The defendant has the benefit of knowing that a claim will be pursued by a date certain or not at all.

    While these purposes of statutes of limitations generally apply across the states, each state has its own law that establishes how long you have to act.

    In Iowa, You Typically Have Two Years to File an Accident Case

    This two-year timeline typically starts running on the date of your truck accident. However, there are some exceptions to the general rule. Specifically, the statute of limitations may be extended if:

    • You did not know (and could not have reasonably known) of your injuries on the date of the accident. In this case, the statute of limitations will start running on the date that you knew or should have known about your injuries.
    • You were under the age of 18 at the time of the accident. The statute of limitations will be two years or until your 19th birthday—whichever gives you more time.
    • You were involved in a crash with a government vehicle. This may shorten the amount of time that you have to take action after a truck wreck.

    If you file a lawsuit after the statute of limitations has expired, then you can expect the defendant to file a motion requesting that your case be dismissed and you can expect the court to grant that motion. You will not be able to recover any financial damages in court and the insurance companies will be unwilling to settle your claim with you knowing that you have no legal remedy.

    Accordingly, it is important to take action before the statute of limitation prohibits you from doing so. For more information about how to do that and about how an Iowa truck accident case works, you need to speak with an experienced lawyer as soon as possible. Contact us online or call us directly at 800.800.5678 today for a free case evaluation.

  • Can I file a truck accident case in Iowa?

    You have the right to file a truck accident lawsuit in the state of Iowa if you have standing to sue. Iowa, like other states, only permits a person to file a lawsuit if that person was the one who was actually injured in a truck crash or if that person has a certain legal relationship to a person who was hurt in the crash.

    Specifically, you may have standing to sue after an Iowa truck wreck if:

    • You suffered a physical injury in the accident. If you were hurt in a truck accident that was primarily someone else’s fault, if you are over the age of 18, and if you are of sound mind, then you may have standing to bring a lawsuit in an Iowa court.
    • You are the parent or guardian of a minor child who was hurt in the accident. In this case, your child does not have the legal right to file a lawsuit. You have the right to do it on behalf of your child. Any damages that are recovered in a settlement or in court would be for the benefit of your child.
    • You are the legal guardian of someone over the age of 18. If you have been appointed by a court as the legal guardian of someone over the age of 18, then you likely have the right to make legal decisions for that person. This includes deciding whether or not to file a lawsuit on that person’s behalf. If you do file a lawsuit, then any damages that are recovered would be for the benefit of the person who was injured.
    • You are the personal representative of the estate of someone who died in the truck crash. In the event of a wrongful death, you may have standing to bring a lawsuit on behalf of the estate.

    If you file a lawsuit and you don’t have legal standing to sue, then your case likely will be dismissed and you will not recover damages.

    Accordingly, it is important to know your rights before you file a case. You can speak with our experienced truck accident lawyers today to learn more about standing and about how Iowa truck accident cases work. Contact us online or call us directly at 800.800.5678. We would be pleased to provide you with a free, no-obligation consultation about your rights.

  • I was partly to blame for the truck accident that left me injured, but I was not the only one at fault. Should I file a lawsuit?

    Truck accidents are rarely the fault of only one party. Even if you were partly to blame for the crash that resulted in your injuries, you may still be able to file a lawsuit and recover damages. However, before you decide whether or not to file a case, it is important to know what to expect.

    Iowa Contributory Negligence Law Applies to Truck Accident Cases

    Iowa law allows you to file a personal injury lawsuit after a truck accident case as long as you were not more at fault than the defendant for causing the crash. For example, if you were drinking and driving, you failed to stop at a light, and you collided with a truck, then you may be primarily responsible for the crash even if the trucker bears a small percentage of the liability for speeding. In this scenario where you are more than 50% responsible for causing the accident, you should not file a lawsuit because you will not be able to recover damages in a court of law.

    However, if the situation was reversed and the trucker was primarily responsible for the crash, then you should file a lawsuit even if you bear a small percentage of the liability for your injuries. According to Iowa law, you can make a legal recovery but that recovery will be reduced by the percentage of fault attributable to you.

    Expect Your Percentage of Fault to Be a Significant Issue in Your Case

    As you can tell from the example provided above, the issue of who is more at fault is going to be hotly contested in any truck accident lawsuit. You will need strong evidence and compelling arguments to convince the insurance company or court of the percentage of fault that is truly attributable to you and of the damages that you deserve. Our experienced truck crash lawyers can help you do that. Simply contact us online or call us directly at 800.800.5678 today for a free, no-obligation consultation and we will review your claim with you and discuss the pros and cons of moving forward with a lawsuit.

  • How long do I have to file a truck accident case in Illinois?

    Each state, including Illinois, has laws known as the statutes of limitations. These laws limit the amount of time that an injured party has to file a lawsuit.

    It may seem that the laws are unfair and that you shouldn’t be up against a deadline when you are suffering from a painful injury. However, the law is meant to protect both you and the defendant by providing a time by which the case must be filed. It provides the defendant with some certainty about how long he may be financially vulnerable to a lawsuit and, more importantly, it provides you better access to high-quality evidence. Additionally, the sooner that you file a case the sooner you may be able to make a legal recovery to help with your physical and emotional recoveries.

    How Long Do You Have To File A Truck Accident Claim?

    If you were hurt in a truck crash, then you have suffered a personal injury and the Illinois Statute of Limitations for personal injuries applies to your case. In most cases, this means that you have two years to file a lawsuit. The two years runs from the time that the injury is discovered or the time that the injury should reasonably have been discovered. Most of the time, the two-year statute of limitations will begin on the day of the truck crash.

    In limited circumstances the statute of limitations may be extended. This may happen, for example, if you were under the age of 18 or mentally incompetent at the time of the crash and your parent or legal guardian did not file a case on your behalf.

    What Happens If You Miss the Deadline To File Your Truck Accident Claim?

    If you file a lawsuit after the statute of limitations expires, then you should expect that the defendant will file a motion to dismiss with the court. The court will grant that motion and your case will be dismissed without you recovering any financial damages.

    Don’t let this happen to you. Instead, learn how an Illinois truck accident case works and what you can do to protect your rights today by speaking with our experienced truck accident injury lawyers as soon as possible. Contact us online or call us directly at 800.800.5678 for a free consultation.

  • Do I have the right to file a lawsuit after an Illinois truck accident?

    You may have seen a truck accident happen and been traumatized, or you may love someone who was badly hurt or killed in an Illinois truck wreck. Either of these situations can be devastating and can have a significant impact on your life. However, they do not always give you the right to bring a lawsuit against the person who caused the crash.

    Instead, in order to file a truck accident case in the state of Illinois, you must have legal standing. If you do not have legal standing, then the party that you name as the defendant will make a motion to dismiss your case—and the court will grant that motion.

    Standing to Sue in Illinois Following A Truck Accident

    Illinois law allows people to file personal injury lawsuits after truck wrecks when:

    • They are adults who have been hurt in the crash.
    • They are the parent or guardian of minor children (under the age of 18). Children do not have legal standing to bring their own lawsuits. If your child was hurt, then you may be able to file a case on behalf of your child. The damages in this type of case would be for your child’s benefit.
    • They are the legal guardian of someone who was hurt in a truck crash. If you have legal guardianship of an adult, then you may have the right to bring a personal injury lawsuit on that person’s behalf and for that person’s benefit.
    • They are the administrator of the estate of someone who died in a truck wreck. In this case, they may have the right to bring a wrongful death claim for the benefit of the estate and its beneficiaries.

    If you believe that you have standing to bring a case, then it is important to take action immediately by talking to an experienced truck accident lawyer. An attorney can explain how Illinois truck accident cases work and what steps you need to take to move forward with a lawsuit and a potential recovery. Contact us online or call us directly at 800.800.5678 to schedule your free consultation.

  • What happens if I was partly to blame for the truck accident that left me injured in Illinois?

    When a serious crash occurs, there is often more than one cause. Maybe one driver was speeding while the other driver was distracted. Perhaps, one driver was tired while the other driver under the influence of prescription medications. In these cases, more than one party may be at fault for the truck crash.

    The percentage of fault that is attributed to each party must be negotiated during settlement talks or decided by the court, and the exact percentage is very important. It may determine the amount of money that you can recover in a legal case—or whether you can recover any money at all.

    Illinois Contributory Negligence Law In Your Truck Accident

    According to the Illinois Compiled Statutes (735 ILCS 5/2-1116 (c)):

    • You cannot recover damages in a truck accident case if you are found to be 50% or more of the proximate cause of your injuries. In other words, if your actions or inactions made you primarily responsible for the accident, then you cannot recover damages from someone else.
    • If you were partly at fault for the accident, but the percentage of your fault is found to be less than 50%, then you may recover damages for the injuries that you have suffered. However, your recovery will be reduced by the percentage of fault attributed to you. For example, if you are found to be 25% responsible for the crash and the trucker is found to be 75% responsible for the crash, then you may recover damages—but your total recovery will be reduced by 25%.

    For these reasons, determining the exact cause of your crash and the percentage of fault attributed to each party is very important.

    Don’t Negotiate Liability on Your Own For A Truck Accident

    An experienced truck accident lawyer can investigate what happened to you and make compelling arguments to the insurance company or to the court to ensure that a fair determination of fault is made. For more information about how a lawyer can help you protect your right to a fair recovery and how Illinois truck accident cases work, please contact us online or call us directly at 800.800.5678 to schedule a free, no-obligation consultation.

  • How do truck accidents result in respiratory injuries?

    A respiratory injury may not be the first type of injury that you think of when you think about truck accidents, but by now you know all too well that a respiratory injury can result from a truck wreck and that it can be very serious.

    How Your Breathing May Be Affected by a Truck Crash

    Generally, there are two different ways in which you can suffer breathing problems after a truck wreck. You may have breathing or respiratory injuries if:

    • You suffer a lung collapse in the collision. Trauma to the chest can result in a lung collapse, which is also known as pneumothorax. When this happens the lung cannot inflate as it normally does when you breathe. The pressure in your chest can interfere with the blood flow to your heart. In addition to difficulty breathing, you may experience a drop in blood pressure and your organs may be compromised. If you experience pain when breathing, rapid breathing, difficulty speaking, or any other symptoms of a chest or lung trauma, then it is important to get prompt medical attention. Medical treatment, including hospitalization, may be needed to release the pressure in your chest, to allow you to breathe, and to allow blood to flow to your heart. Your recovery may take a long time, depending on the extent of the trauma to the lung.
    • You breathe in hazardous cargo because of the collision. In addition to whatever trauma you suffer because of the collision, any chemicals, poisons, or infectious cargo on a truck could cause you to suffer respiratory complications. The complications may interfere with your ability to breathe and may be medical emergencies.

    If you have suffered any breathing problems as a result of a truck wreck then it is important to contact an experienced lawyer as soon as possible. A full investigation needs to be done to determine which parties were at fault for the truck accident injuries that you suffered. Please contact us online or call us directly at 800.800.5678 today for a free consultation today so that you can begin protecting your rights and your potential recovery of medical expenses, lost income, pain, suffering, and other damages now.

  • What happens if I’m in a crash with a government truck?

    Federal, state, and local governments all need trucks to do the business of the government. At any given time, you may be on the road with mail trucks, construction trucks, snow plows, dump trucks, garbage trucks, tractor trailers, or other trucks. Just as with any other type of truck, an accident may occur if the trucker is negligent, if the trucker’s employer is negligent, or if there is a defect with the truck.

    However, unlike other truck accidents, this time you need to pursue a legal claim against a government entity.

    Some Rules Are Different When Your Claim is Against the Government

    Generally, the government is protected from lawsuits by a legal doctrine known as sovereign immunity. Sovereign immunity prevents individuals from suing the government, unless there is a specific exception to the general rule protecting the government from such lawsuits. Like most legal doctrines, however, there are exceptions to this rule, and truck accidents are typically such an exception.

    The Federal Tort Claims Act, for example, generally allows you to sue the United States government if you would be able to sue a private person for the accident that occurred. This means that if you would have a valid legal claim against a private trucker, trucking company, or maintenance company under the same circumstances then you may have such a claim against the government. Similar rules apply to state and local governments.

    Assuming that you have the right to pursue a legal claim against the government after a truck wreck, it is important to know that special rules may apply. For example, you may be required to provide notice of your intent to pursue legal action in a shorter amount of time than the usual statute of limitations. In some cases, the standard of proof may also be different when your claim is against a government entity. This is especially common when your claim is against an emergency vehicle such as a fire truck.

    Contact an Experienced Truck Accident Lawyer

    Since the rules for pursuing a legal action against the government are different than they would be in a lawsuit against a private defendant, it is important to speak with an experienced truck accident attorney for help after this type of truck accident. For more information, and to schedule your free and confidential consultation, contact us online or call us directly at 800.800.5678

  • What can I do to avoid being in a truck crash?

    As the driver of a car, a motorcyclist, a bicyclist, or a pedestrian, you cannot avoid all truck accidents. Many accidents are the fault of the trucker or the trucking company and there is little, if anything, that you can do to prevent those crashes from occurring. However, since you regularly share the road with trucks ranging from big rigs to box trucks, it is important to know what is within your power to do to avoid a crash and what to do if you are hurt by someone else’s negligence.

    Four Tips for Preventing a Truck Accident

    You can avoid dangerous truck collisions by:

    • Being aware of—and avoiding—blind spots. There are some spots that truckers just cannot see, even with mirrors, due to the large size of the vehicle. Thus, if you are traveling on either side of or immediately behind a truck, you should be aware that a trucker may be unaware of your presence.
       
    • Keeping a safe distance from trucks. Because of their size, trucks take longer than other vehicles to stop. Thus, it is important to keep a safe distance away from a truck that you are traveling behind to avoid being part of a collision if the trucker can’t stop in time to avoid a crash.
       
    • Being patient and following the rules of the road. Do not let anger or impatience escalate into a dangerous crash.
       
    • Be careful around trucks that are turning. Trucks often make wide turns and may be unable to avoid hitting you if you are in the way.

    As always, it is also important that you are not distracted, drowsy, drunk, or otherwise negligent while you are on the road.

    What to Do If You’ve Been Hurt in a Truck Accident

    If the trucker’s or trucking company’s negligence left you injured, then you have the right to protect yourself by making a fair recovery. An experienced truck accident lawyer can help you investigate what happened and get the financial damages that you deserve. Your damages could include compensation for past, current, and future medical expenses, lost income, out-of-pocket costs, and pain and suffering. For more information, or for tips on how to protect your truck accident recovery, please contact us online or call us directly at 800.800.5678 to schedule a free consultation.

  • Can I do anything to stop the trucking company from destroying evidence that they have in their possession that might be important to my truck accident case?

    Yes. The trucking company likely has a lot of information that could be potentially relevant to your How To Stop The Truck Company From Destroying Evidence truck accident claim. If you take the right action quickly, then you may be able to prevent that evidence from being lost or destroyed.

    What Evidence Are We Talking About?

    The relevant evidence that could be in the control of the trucking company includes (but is not limited to):

    • The truck. The damage to the truck can provide valuable information about what happened in the accident. It’s important that any damage to the vehicles involved in the crash not be repaired.
    • Driving logs. The hours the driver worked the day of and the week of the accident may be relevant.
    • Electronic monitoring data. Anything about speed, time worked, and other data that is automatically recorded on the truck could be relevant.
    • Cargo logs. The type of cargo, its weight, and how it is distributed on the truck could be relevant.
    • Inspection reports. Truck inspection dates and results may be relevant to your claim.
    • Maintenance logs. How and when the truck was maintained or fixed could be relevant to your claim.
    • Alcohol and drug testing results. If the trucking company did any routine or unplanned alcohol or drug testing, or if they failed to do this kind of testing, it could be important to your claim.
    • Other relevant information. Any other relevant information about the trucker, the trucking company’s procedures, or the accident could be important.

    Depending on the circumstances, some or all of this evidence could be relevant to your recovery.

    Let Us Help You Get the Evidence You Need

    Our attorneys can send what is known as spoliation of evidence letter to the trucking company. This letter will request that all information that is potentially relevant to your claim be preserved. The consequences for destroying evidence once a spoliation letter has been sent can be significant. While there are sample spoliation letters available on the Internet, it is important that your letter be specifically tailored to your case and sent to the right parties. Our experienced truck accident lawyers draft and send appropriate letters on behalf of our truck accident clients.

    To schedule a free consultation and to learn more tips for successful truck accident cases, please contact us online or call us directly at 800.800.5678 today.