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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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  • Who has standing to bring a wrongful death lawsuit in Illinois?

    The court will determine if you have standing to sue for a wrongful death

    Your loved one died in an accident that was caused by someone else’s negligence. However, love is not enough to give you the legal right to bring a lawsuit for your loved one’s death. Instead, you need to have a specific legal relationship with the deceased in order to have standing, which is the legal right to bring a wrongful death lawsuit.

    You Have to Be the Personal Representative of Your Loved One’s Estate

    In Illinois, it is the personal representative of the decedent’s estate who has the right to bring a wrongful death case. If your loved one died with a will, then the will likely named the individual who is the personal representative of the estate. If your loved one died without a will, then the court will name an individual as the personal representative of the estate.

    In many (though not all) cases, the personal representative is a close family member such as a spouse, adult child, or parent. Deciding whether or not to pursue a wrongful death claim is just one of the important responsibilities of being a personal representative of an estate.

    Don’t Confuse Standing With Recovering Damages

    While a personal representative of the estate has the authority to bring an Illinois wrongful death lawsuit, the personal representative may or may not recover damages if the lawsuit is successful. Any damages that are awarded in a wrongful death lawsuit belong to the estate and are distributed according to the rules of the estate.

    If you have any question about whether you have standing to bring a wrongful death claim in Illinois or about how to do it, please start a live chat with us now. We are available all day, every day. We would be pleased to schedule a free, no-obligation consultation with you so that you can learn more about how a wrongful death case works in Illinois and about your rights and potential recovery.

  • How should I deal with insurance companies after my loved one’s wrongful death?

    Do not expect sympathy from the insurance adjuster for your wrongful death claim

    You have suffered the most significant loss possible—the death of your loved one—but to the insurance company your claim is just another personal injury case and the insurance company’s goal is the same as it is in every personal injury case. That goal is to pay you as little as possible for the accident that took your loved one’s life.

    Be Careful With Insurance Adjusters

    Since your goal is at odds with the goal of the insurance adjuster, it is important to be careful about what you say to them. The insurance adjuster is calling you now because the insurance company is hoping that you will settle your case quickly and for less than you would if you found out more about your legal rights or if you were represented by a wrongful death lawyer. While the adjuster may sound sympathetic about your loss, it is important to know that the insurance company is not on your side and may use anything that you say against you during the settlement process.

    You Don’t Need This Stress as You Grieve

    We understand that you have no interest in speaking with an insurance adjuster, and we believe that you shouldn’t have to talk directly with an insurance adjuster. You do not have to play the insurance company’s game. Instead, you can protect your legal rights and avoid talking directly with the insurance adjuster by contacting a wrongful death attorney. Once you are represented by a lawyer the insurance company must direct communications to your lawyer rather than to you. That means that you will not have to talk to the insurance adjuster anymore and that you can be confident that your rights are being protected by your lawyer.

    To learn more about how a wrongful death lawyer can help you with the insurance company, we encourage you to contact us any time via this website or by phone. We would be pleased to provide you with a free consultation and with more tips about protecting your wrongful death claim.

  • Are punitive damages available in Illinois wrongful death lawsuits?

     Illinois law forbids punitive damages in wrongful death cases

    Generally, when you file a personal injury case in Illinois, you can ask for two types of damages: compensatory damages and punitive damages. Compensatory damages are monetary compensation for actual losses, such as medical bills and lost income. They may also include important non-economic damages, such as physical pain and emotional suffering.

    Punitive damages, however, do not compensate the victim for the injury that has occurred. Instead, punitive damages punish the person who caused the injury. A judge can order a defendant to pay punitive damages in order to punish his wrongful behavior and deter others from engaging in similar behavior. In Illinois, the judge also has the right to decide what percentage of the punitive damages is awarded to the victim. Punitive damages are reserved for cases where the conduct was “intentional” and “willful and wanton.” These damages may be awarded in personal injury case stemming from a drunk driving accident, for example.

    Punitive Damages Do Not Survive the Death of the Injured Victim

    In Illinois, punitive damages are not available if the personal injury victim dies. This is true regardless of whether or not the victim dies from his accident injuries or natural causes. The right to seek or to recover punitive damages belongs only to the person who was hurt and not to his estate. The Illinois Supreme Court has held that the only way punitive damages can be sought after the death of the victim is if a specific statute expressly allows for the recovery of such damages.

    You may not be able to recover punitive damages in an Illinois wrongful death case, but there are still other important reasons to pursue a legal recovery. The other types of damages that you may recover may hold the person responsible for your loved one’s death accountable and may be important to your family’s future. To learn ore more about your rights, please contact us via this website or by phone at any time—24/7/365—to schedule a free, no-obligation consultation with an experienced and empathetic wrongful death attorney.

  • Do I need expert witnesses for a wrongful death case?

    Securing the right expert witness may be key to your wrongful death lawsuit

    Some wrongful death lawsuits benefit from the knowledge and testimony of expert witnesses and others do not require experts. An experienced wrongful death lawyer can advise you about whether experts are needed for your case and can help you find the experts that you need.

    Three Benefits of Expert Witnesses

    Generally, expert witnesses are used to prove one of the following:

    • The facts of the case. It can be difficult to know what happened that caused the horrific accident that took your loved one’s life. Experts who work in the field may be able to review the evidence and provide credible testimony about the facts of the incident that led to your loved one’s death.
    • Liability. It isn’t enough to prove what happened. You must also prove that those facts result in a legal cause of action upon which the court can grant you relief. In other words, you have to prove that the facts make the person who caused your loved one’s death liable. In many cases, this means that the person who caused your loved one’s death was negligent and an expert witness may help prove that the person who caused your loved one’s death failed to act like a reasonable person and that that his actions or inactions caused your loved one’s death.
    • Damages. Evidence will need to be presented about the full value of damages. This includes anticipating future lost compensation, pain, and suffering. Expert witnesses may provide important testimony about these and other losses.

    Each of these things is important to your claim.

    Different Kinds of Experts May Help

    Depending on the unique circumstances of your loved one’s death, the following kinds of experts may be important to your recovery:

    • Accident reconstructionists.
    • Engineers.
    • Doctors.
    • Coroner.
    • Economists.
    • Accountants.
    • Vocational experts.
    • Psychologists.

    In some cases, other experts may also be important.

    While some expert witnesses may have high fees, it is important to consider their value to your case. As with any decision in any lawsuit, it is important to conduct a cost benefit analysis to determine whether the expert may provide more value to your case than it costs to hire her.

    For more information about expert witnesses specifically or how a wrongful death case works generally, we encourage you to schedule a free consultation with one of our experienced and empathetic attorneys. We are available 24 hours a day via this website or by phone, and we would be pleased to schedule a free, no-obligation consultation with you at your convenience.

  • My loved one was killed in an accident. Who will pay for the medical care he received from the time of the accident until his death?

    A wrongful death claim can recover the medical expenses from a fatal accident

    If your loved one had survived the motor vehicle crash, slip and fall accident, or other negligent or intentional action that led to his death, then he may have been able to recover his medical expenses in a personal injury lawsuit. His estate should not be left with the burden of those medical expenses if the crash or accident was so significant that it led to his death.

    Don’t Let the Medical Bills Become a Problem

    If your loved one did not die right away, then he likely incurred medical expenses between the time of his accident and the time of his death. These medical expenses were a direct result of the accident and were incurred because doctors had the intent to either help him survive or relieve his pain. Your loved one’s medical insurance may have covered some of these costs. However, your loved one may have had outstanding copayments or deductibles, things that were simply not covered by his plan, or he may have not been insured at the time of his death. Accordingly, his estate is now stuck with the bills.

    A wrongful death lawsuit can help protect the value of the estate and the ultimate payment to the estate’s beneficiaries. If you file a wrongful death case, then the other driver’s insurance company may be responsible for paying your loved one’s medical costs that were directly related to his accident injuries including, but not limited to:

    • Surgeries.
    • Medications.
    • Hospitalizations.
    • Doctors’ visits.
    • Rehabilitation therapies.

    The recovery of medical expenses, like all wrongful death damages, is going to require you to submit evidence of the cost. Medical bills, proof of payment, and other documentation will be important and should be shared with your wrongful death lawyer as soon as possible. If you need an experienced and empathetic attorney to help you through this difficult time, please feel free to contact us at any time via this website or by phone.

  • Is it possible to make a financial recovery for pain and suffering in a Wisconsin wrongful death case?

    You can recover pain and suffering damages through a wrongful death lawsuit

    Yes, Wisconsin law allows you to recover for pain and suffering in a wrongful death case. Your loved one’s physical pain and emotional suffering from the time of the accident until death and your family’s emotional suffering since your loved one’s death are the most personal and among the most important types of damages that you can recover.

    What Wisconsin Law Allows

    In Wisconsin, it is possible to pursue a full recovery of monetary damages and also damages for:

    • Loss of society and companionship to the spouse, children, or siblings (if they are minors) of the person who died. The law caps these damages at $500,000 for the death of a child and $350,000 for the death of an adult.
       
    • The pain and suffering of the person who died. This is known as a survivorship claim and it may include compensation for the physical pain and emotional suffering that the person suffered from the time of the accident until the time of death. There are no statutory caps on survivorship damages.

    If you are pursuing a survivorship claim or seeking damages for loss of society and companionship, then you are going to have to prove the amount of these significant, personal, and hard-to-value damages.

    Don’t Do This Alone

    The defendant’s attorney is going to work hard to minimize your recovery of these non-economic damages. The lawyer may try to frame your relationship with the person who died in an unflattering way and make little of the emotional suffering you are feeling now or the pain that your loved one suffered prior to death.

    As with any type of damages, you are going to need evidence to get the compensation that you deserve. While there aren’t bills to submit or invoices to point to, there are ways to prove loss of society and companionship and survivorship claims.

    Our experienced Wisconsin wrongful death lawyers will fight hard for your fair recovery of all damages related to your loved one’s death. We will gather the relevant evidence and make strong arguments so that you can be compensated in court or through a settlement agreement. To learn more, we encourage you to contact us at any time to schedule a free, confidential, no-obligation consultation.

  • Who has the right to be part of a pharmaceutical class action case in Iowa?

    Iowa law will determine whether you have standing to file an injury claim for a bad medication

    Before you put any energy into pursuing a legal recovery from a pharmaceutical company, you need to know whether you have standing to be a plaintiff in a pharmaceutical injury case.

    What Is Standing?

    Standing means that you have the legal right to bring a claim in an Iowa court.

    Generally, you will have standing if:

    • You were physically injured by the medication or medical device.
    • You are the legal guardian of someone under the age of 18 or someone whose guardianship has been determined by the court and that person was physically injured by the medication or medical device. In this case, you would have standing to bring a lawsuit on that person’s behalf.
    • You are the administrator of an estate and the person who passed away died because of the mediation or medical device. In this case, you have standing to bring a lawsuit on behalf of the estate.

    You do not have standing to sue simply because you could have been hurt or you were afraid of being hurt. Instead, you must prove that you have suffered specific and actual injuries.

    What Happens If You Don’t Have Standing?

    If you file a lawsuit and you don’t have legal standing, then the defendant has the right to file a motion to dismiss with the court. That motion would claim that you lack legal standing to bring a lawsuit. If the defendant’s legal team is correct in its interpretation of the law, then the judge will grant the motion and your case will be over. You will have gone through the effort of bringing a case and you will not recover any financial damages for your efforts.

    Thus, it is important to determine whether you have standing before you take action. To learn more about how pharmaceutical class action cases work in Iowa, please browse our website or contact us at any time to schedule your free, no-obligation consultation.

  • How long do I have to file a lawsuit after a medicine or medical device leaves me injured?

    Time is very limited to file a pharmaceutical injury claim in Iowa

    Your time to file a lawsuit is limited. Each state, including Iowa, has what is known as a statute of limitations. This law explains how long you have to file a claim. If you fail to file your case before the statute of limitation expires, then you may be unable to recover damages.

    What Does the Law Say?

    Iowa Code §614.1(2) provides people who have suffered a personal injury with two years to file a lawsuit. Typically, the statute of limitations begins running on the date that the injury occurred.

    There Are Exceptions

    As with most legal rules, there are exceptions to the statute of limitations. You may have more than two years from the date on which the injury occurred if:

    • You could not have reasonably discovered that you were injured on that date. Some injuries from defective pharmaceutical products are not immediately apparent. In these cases you wouldn’t know that you were hurt until you started to exhibit symptoms of illness or injury. If this applies to you, then your two-year time limit to file a case begins when you knew, or should have known, that you were hurt.
    • You were a minor (under the age of 18) when you were hurt. If your parent or guardian failed to take legal action on your behalf then you have either two years from the date of your injury or until your 19th birthday to take action.

    What If You Don’t File Within the Required Time?

    If you file your case in court after the statute of limitations has expired, then you can expect the experienced attorneys for the pharmaceutical company to motion the court to dismiss your case. If the judge agrees that the time for filing a case has expired, then your case will be dismissed and you will be unable to recover any damages—regardless of the significant injuries that you suffered.

    Accordingly, it is important to understand how an Iowa pharmaceutical class action case works as soon as possible. Please browse our website or start a live chat with us today to learn more and to make sure that your rights are protected.

  • Do I have the right to file or join a class action pharmaceutical lawsuit?

    Illinois law restricts who can file a pharmaceutical class action lawsuit

    You have the right to file a lawsuit—also known as standing to file a lawsuit—if one of three things is true. You may pursue a case if:

    1. You are the person who was injured by a pharmaceutical manufacturer’s defective product or the marketing company’s failure to warn you of the side effects.
    2. You represent the estate of someone who died because of defective product or failure to warn.
    3. You are the legal guardian of someone under the age of 18 who was hurt by a defective product or failure to warn. In this case, you would be pursuing a lawsuit on the minor’s behalf.

    It is not enough to be scared about potential side effects or to be inconvenienced and have to change medications. Instead, you typically need a physical injury in order to pursue legal action in Illinois.

    Who Is the Named Plaintiff?

    In class action cases there are typically one or more plaintiffs designated as the lead plaintiffs in the case. The plaintiffs have their names in the name of the lawsuit. In Illinois, you can be a lead plaintiff if you have a valid cause of action on your own and if your interests represent the interests of the class.

    How to Get Started

    If you believe that you have standing to sue and you want to pursue justice as the lead plaintiff or as part of a class of plaintiffs in a pharmaceutical class action case, then your first step should be to contact an experienced pharmaceutical class action lawyer. You must file your case before the statute of limitations expires and in accordance with all court rules. An attorney can help you do that and can help you get the recovery that you deserve by fighting hard to protect your rights. To learn more about how a class action case works, we invite you to start a live chat with us or to call us to schedule a free consultation at your convenience.

  • How long do I have to file a pharmaceutical class action lawsuit in Illinois?

    Time is limited to file a pharmaceutical class action lawsuit

    In Illinois, the statute of limitations in a class action case depends on what kind of case is filed. The state statute of limitations is found in the Code of Civil Procedure, 735 Ill. Comp. Stat. 5/13-201. According to this law, you generally have two years to file a lawsuit after a personal injury, such as an injury that might occur after a drug is defectively manufactured or negligently marketed.

    In some cases the statute of limitations may be extended. For example, you may have more time to file a case if:

    • You were under the age of 18 when you were hurt and your parents or guardian failed to take action on your behalf.
    • You did not know, and could not have reasonably known, that you were hurt yet.
    • You were mentally or physically incapacitated.

    If the drug company believes that your statute of limitations period has expired, then it is up to the drug company, as the defendant, to raise the issue and prove that it has in fact expired.

    Statutes of Limitation Issues Can Be Complicated in Drug Injury Cases

    The statute of limitations can become a contested issue in your drug injury case. Accordingly, it is important to understand the general rule and common exceptions to the rule, as described above. It is also important to know that if your case is consolidated into multi-district litigation in a federal court outside Illinois, the Illinois statute of limitations will likely still apply to your case if you originally filed your lawsuit in our state.

    If the defense successfully argues that the statute of limitations expired before you filed your case, then you will not be able to recover damages for your injuries. Thus, you need to take action quickly and you need to be sure that your rights are protected. Call us anytime or start a live chat with us at your convenience and let us help you protect your legal rights and potential recovery after a medication or medical device injury. We would be pleased to explain how a pharmaceutical class action case works and to provide you with a free consultation.