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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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  • Can I recover for my lost income if an injury from a defective prescription drug or medical device leaves me unable to work?

    You can demand a recovery for lost income due to a defective medical device or drug

    Yes. If you can prove that a defective prescription drug or medical device caused you to suffer an injury so severe that you are unable to work, then you may be able to recover for the income that you are unable to earn due to your injury.

    What Does Lost Income Mean?

    Lost income means any source revenue that you have already missed out on, that you are currently unable to make, or that you will be unable to achieve in the future because of your injury. It could include:

    • Wages.
    • Bonuses and other incentives.
    • Benefits.
    • Income you made from being self-employed.

    It is not all or nothing. If you are unable to work the same hours or at a job where you earn the same income as you did prior to your injury then you may be able to recover for the difference in your income in a pharmaceutical injury lawsuit.

    You Didn’t Expect to Be Hurt, But You Should Expect a Fair Recovery if You Fight For It

    The decision about whether to take a specific medication or use a certain medical device was not an easy one. It was one that you discussed with your doctor. At the time, you and your doctor decided that the benefits of the drug or medical device outweighed the possible risks. Yet you didn’t know all of the risks…and you didn’t know that you would be hurt.

    Now, you deserve to make a fair recovery. If you join a pharmaceutical class action lawsuit, then your damages should be proportionate to your injuries and may include compensation for the income that you were, are, or will be unable to earn. To learn more about protecting your rights, please contact an experienced pharmaceutical class action lawyer for a free, no obligation consultation today by start a live chat with us or calling us directly at 800-800-5678.

  • Can I recover damages if hurt by a defective prescription drug or medical device?

    You can file a claim for the pain you endured from a defective medical device or drug

    Yes. If you have suffered a physical injury as a result of a dangerous prescription drug or a defective medical device, then you have the right to make a full recovery of damages.

    Non-Economic Damages

    In order to be fully compensated for the injuries that you have suffered, you will need to recover financially not only for the damages that you can prove with a bill or receipt, but also for the non-economic damages that you have suffered. These damages may include:

    • Physical pain. This does not include your medical bills, but rather the actual pain that you have to experience. Pain impacts your quality of life and your ability to participate in your work, leisure, and family activities.
       
    • Emotional suffering. Your injury may cause you to suffer emotionally if you suffered a medical trauma or if you can no longer participate in your regular activities. This type of emotional suffering—though difficult to quantify—is deserving of compensation.

    Other non-economic damages such as loss of enjoyment of life, disfigurement, and more may also be included in your recovery.

    But First You Have to Prove What Damages You’ve Suffered

    You can expect the pharmaceutical company to fight your recovery of non-economic damages. Accordingly, you will need evidence including, but not limited to:

    • Medical records. These will establish the specific injuries you suffered.
       
    • Diary entries. This type of evidence, which may be kept in the notes section of your phone, on your computer, or on paper, can show what activities you can no longer do and what events you can no longer attend as a result of your injuries.
       
    • Therapist’s testimony. This type of expert testimony may help establish the extent of your emotional suffering.
       
    • Doctor’s testimony. This type of expert testimony may help establish the extent of your physical pain.

    An experienced pharmaceutical injury lawyer can help you get the recovery that you need. Please contact us today. Find out if there is a class action lawsuit pending that you may be part of, if there is one that you may start, or if there is another way to protect your right to full and fair recovery of damages for a prescription drug or medical device injury.

  • How long do I have to file a nursing home abuse case in Iowa?

    You must begin your nursing home lawsuit before the time allowed runs out

    You may have been hurt by a nursing home staff member’s abuse or neglect, or your loved one may have been the victim and may be asking you what she should do.

    Don’t Delay Taking Action

    According to the Iowa Statute of Limitations, a person who has suffered an injury due to nursing home abuse or neglect generally has two years from the date the injury was discovered (or should have been discovered) to file a lawsuit. In special circumstances, this general rule may be shortened or extended.

    However, you do not need to wait until the end of your time to file a case to take action. An injured person can file any time up until the legal deadline and there may be advantages to filing sooner rather than later. Specifically:

    • You may help protect your own recovery. Evidence may be easier to gather soon after the abuse or negligence occurs. Additionally, the sooner a case is filed, the sooner it can be resolved and the faster an injured party may recover damages for nursing home abuse.
       
    • You may help protect others. By calling attention to the problem, you may help prevent other nursing home residents from suffering similar injuries.

    Whatever You Do, Don’t Miss the Deadline

    If you fail to file your claim before the statute of limitations expires, then you can expect the defendant to file a motion with the court seeking to have the case dismissed. The court will grant that motion, your case will not be heard and you will not recover any damages for the injuries that you, or your loved one, suffered.

    Don’t Let This Happen to You

    Instead, take action today and expect that the nursing home will likely have lawyers defending against your claim. You deserve the same advantage. Please start a live chat with us today to schedule your free consultation so that we can help you understand how a nursing home abuse case works in Iowa and how to move forward with your fair and just recovery in a timely manner.

  • Do I have the right to bring a lawsuit alleging nursing home abuse or negligence in Iowa?

    The Iowa justice system determines who can sue over nursing home abuse and neglect

    An Iowa nursing home abuse lawyer can file a complaint only on behalf of a client. The nursing home abuse attorney does not have the ability to file an independent complaint. Instead, someone with the legal standing to sue must bring the case against the nursing home, nursing home staff member, or other responsible party.

    Of course, the person with standing to sue has the right to work with an experienced attorney who can make sure that all of her rights are protected, who can fight hard for her fair recovery, and who can take the stress of litigation off of her shoulders.

    Three Ways You Could Have Standing to Sue

    Generally, you may have standing to sue if you can prove that the nursing home, or a nursing home staff member, was abusive or negligent, and that…

    • You are the one who suffered injuries because of the abuse or negligence. If you are the one who was hurt then it is your right to seek damages on your own behalf.
       
    • You are the legal guardian of the person who suffered abuse or negligence. If this is the case then you are seeking damages on behalf of the person for whom you are the guardian.
       
    • You are the personal representative of the estate of someone who suffered abuse or negligence prior to death. In this type of complaint, you are seeking damages on behalf of the estate for the injuries that the nursing home resident suffered.

    If you do not have standing to sue and you file a complaint in state court, then you can expect the defendant to motion the court to dismiss your case and you can expect that motion to be granted.

    Stand Up for Your Rights

    Nursing homes typically fight back hard against allegations of abuse or neglect, and you have to fight just as hard to make sure that your case is heard and that you recover the fair damages to which you are legally entitled.

    For more information about how nursing home abuse cases work in Iowa, please read our FREE book, Guide for Nursing Home Abuse and Neglect Victims: What You Need to Know to Protect Your Legal Rights and Get Every Dollar You Deserve

  • How long do I have to file a nursing home abuse or negligence lawsuit in Illinois?

    Time is limited to obtain a just recovery for nursing home neglect or abuse

    Illinois law, like the law in other states, limits the amount of time that you have to file a lawsuit. The law that governs how much time you have to file a case is known as the statute of limitations. The statute of limitations exists for a few reasons. For example, it provides certainty to potential defendants by creating a date beyond which they are no longer legally liable for damages. While this may seem unfair to a nursing home victim, the law also protects the victim by requiring the victim to file a lawsuit quickly before evidence that would support the claim disappears.

    If you fail to file your lawsuit before the statute of limitations expires, then you can expect that the defense will motion the court to dismiss your complaint and that the court will promptly grant that request. You will be left without any recovery of damages and the nursing home will not be held accountable. Accordingly, it is important to know your rights and to take prompt action to protect those rights as soon as possible.

    In Most Cases You Have Two Years to File a Nursing Home Injury Case in Illinois

    The two-year statute of limitations begins when you knew, or reasonably should have known, that you were hurt.

    There are some exceptions to this general statute of limitations, however. Your time may be shorter if you were hurt in a government-run facility, for example.

    There Are Good Reasons Not to Wait the Full Two Years

    While you may technically have two years to file many nursing home abuse cases in Illinois, you may want to take action sooner. By taking prompt action you may:

    • Have an easier time finding a lawyer to represent you. It can be difficult to find an attorney when the statute of limitations is about to expire.
       
    • Make sure that evidence in the case is preserved. It may be easier to find witnesses and other evidence sooner rather than later.
       
    • Speed up your possible recovery. The sooner you pursue damages, the sooner you may recover damages.

    Of course, the first step on the road to recovery is not simply to file a complaint in court. Instead, it is to find out more about your rights and about how nursing home abuse cases work in Illinois. Please contact us directly, via this website or by phone, to schedule a free and confidential meeting to learn more.

  • Who can file a lawsuit for nursing home abuse or negligence in Illinois?

    A court recovery for nursing home abuse is available to some people only

    You may be outraged by what happened in a nursing home, and you may want to see justice done. Yet simply knowing about nursing home negligence or abuse does not give you the legal right to bring a lawsuit. Instead, you have to have a certain stake or interest in what happened that allows you to pursue a legal case in an Illinois court. This is known as standing to sue.

    Three Ways to Have Standing to Sue in an Illinois Nursing Home Abuse Case

    Generally, you must be one of the following three people in order to have standing to sue for the harm done by abuse or negligence in a nursing home. You must be:

    • The nursing home resident who suffered an injury due to a violation of the Illinois Nursing Home Care Act. The Nursing Home Care Act allows a resident who has been abused, who has been neglected, or whose rights have been violated to pursue a claim.
       
    • The legal guardian of a nursing home resident who is mentally disabled, incompetent, or otherwise unable to file a claim herself. As the legal guardian, you have the right to act on behalf of the resident and to sue for damages pursuant to the Illinois Nursing Home Care Act if the resident whom you represent was injured by abuse or negligence.
       
    • The personal representative of the estate of a resident who suffered an injury prior to passing away. The estate has the right to sue for harm done prior to death. This is not a wrongful death action, but rather a claim that may be brought pursuant to the Illinois Survival Act.

    If you file a lawsuit and you do not have standing to sue, then you can expect that the nursing home will quickly motion the court to dismiss your case and that the court will grant that motion.

    Accordingly, it is important to make sure that you have the right to pursue a lawsuit before you file one. To find out if you can file a lawsuit and more about how a nursing home lawsuit works, please contact an experienced nursing home abuse lawyer who is committed to standing up for the rights of nursing home residents. Our attorneys would be pleased to provide you with a free, no-obligation consultation. Please start a live chat with us now or call us directly at 1-800-800-5678 at any time.

  • What is nursing home neglect?

    Several elements make up nursing home neglect.

    Nobody intentionally hurt your loved one. However, even without the intent to cause harm, your loved one was seriously injured and you want to know if the nursing home may be held accountable.

    The Nursing Home May Be Accountable for Injuries Caused by Neglect

    If your loved one was hurt because of the negligence of the nursing home or any of its staff members then she may be entitled to damages. Nursing home neglect occurs when:

    • The nursing home owes someone a duty of care. Nursing homes owe all residents a duty of care.
       
    • The nursing home breaches that duty of care by failing to act like a reasonable nursing home would in similar situations. The totality of the circumstances may be considered when determining whether the nursing home’s actions were reasonable.
       
    • The breach of the duty of care caused the resident to suffer an injury. It must be proven that the injury would not have occurred but for the action or inaction that was the breach of the duty of care.
       
    • The person seeking damages for nursing home neglect has a legal right to such damages. Typically, this would include the resident who was hurt, the legal guardian of the resident acting on the resident’s behalf, or the personal representative of the resident’s estate who is acting on behalf of the estate after the death of the resident.

    Each of these four elements must be proven in order to recover damages for nursing home negligence.

    And Specific Action Must Be Taken

    Even if nursing home neglect did occur and result in the serious injury or death for your loved one, you will still need to take action in order to make a fair financial recovery for the damage that was done. This type of nursing home abuse should never be tolerated. Instead, you can help your loved one and you can help change the nursing home climate by holding the nursing home accountable. Please read out FREE book, Guide for Nursing Home Abuse and Neglect Victims: What You Need to Know to Protect Your Legal Rights and Get Every Dollar You Deserve, or call us today at 1-800-800-5678 to learn more.

  • Are physical restraints ever okay in Wisconsin nursing homes?

    Restraints may be used in nursing homes only under very limited circumstances

    In very limited circumstances, physical restraints may be necessary to keep a nursing home resident safe. However, physical restraints are not permitted for the convenience of the nursing home staff, and if they are used incorrectly and a nursing home resident is injured, then that resident may have a successful claim for nursing home negligence.

    Physical Restraints Can Be Dangerous

    The Wisconsin Department of Health Services recognizes that physical restraints can be dangerous for nursing home residents. The agency has identified at least 15 different dangers associated with physical restraints which include falls, infections, and death.

    Thus, physical restraints may only be used in Wisconsin nursing homes if one of the following is true:

    • The restraint is necessary to treat the resident’s medical symptom or condition.
       
    • The restraint is necessary to help the resident achieve the highest level of functioning or wellbeing.

    Restraints are never permitted as discipline, punishment, or for the convenience of the staff. Additionally, in the absence of an emergency, a physical restraint should only be used after other, less restrictive interventions have been tried.

    An Assessment Should Be Completed Before a Resident Is Restrained

    The nursing home should complete an assessment before using physical restraints on your loved one. The assessment should include:

    • Gathering as much information as possible about the resident’s condition and the specific reason a restraint is being considered.
       
    • Identifying all methods other than restraints that could be used.
       
    • Evaluating what has been done in the past and the pros and cons of each option.
       
    • Choosing the method of restraint that best meets the resident’s needs.

    If a restraint is considered necessary, then the nursing home should use the least restrictive restraint and it should be used for as short a time as possible.

    You may have questions about the specific restraints that are being used, or considered, for your loved one. Do not hesitate to ask questions and demand answers about the use of physical restraints.

    And if your loved one has been hurt by an unreasonable restraint, then it is important to hold the nursing home accountable for this type of nursing home abuse. Contact an experienced nursing home abuse lawyer today at 1-800-800-5678 today to get your questions answered and to learn more about your loved one’s rights.

  • Why should my loved one pursue a civil case for nursing home negligence if she’s been hurt?

    When a resident is assaulted and injured, the nursing home may be liable for any losses

    If a nursing home worker acts with intent and uses force against a nursing home resident in a way that results in a physical injury, then the state may bring a criminal action against that worker. More specifically, the state may charge the worker with battery if all of the following are true:

    • The worker intentionally touched the resident.
    • The touching was harmful or offensive.
    • The touching occurred without the prior informed consent of the resident.

    Criminal cases may result in bad press for the nursing home and in jail time or a fine for the worker. A criminal case may also be satisfying for the nursing home resident who was hurt and for her family who may see justice done.

    However, a criminal case will not result in a financial recovery for the victim or her estate. That is beyond the scope of the criminal law system, but nursing home abuse victims still have a way to recover damages.

    Victims Have the Right to Pursue Civil Cases

    A civil personal injury case is different from a criminal case. In a civil personal injury case, the victim rather than the state is bringing an action for damages against the person who hurt her. Those damages could include compensation for past, current, and future:

    • Medical expenses.
    • Out-of-pocket costs (including funeral costs if the resident died as a result of the abuse).
    • Pain and suffering.

    These are significant damages that can’t undo the harm that has been done to your loved one, but that can compensate her to the extent the law allows.

    Your loved one has a limited time to bring a civil personal injury case. Such a case must be filed in state court before the applicable statute of limitation expires. Accordingly, we encourage you to help your loved one by finding out more about her rights today. Simply start a live chat with us now or call us any time at 1-800-800-5678 to set up a free, confidential, no obligation consultation and to learn more about recovering from this kind of nursing home abuse.

  • Are nursing homes required to have a minimum level of staffing?

    When nursing homes economize by hiring too few staff, residents are at risk for neglect or abuse

    Yes, federal and state regulations require nursing homes to have at least a minimum number of staff members, and the nursing homes’ job of providing reasonable care for all residents requires them to have appropriate staff on duty at all times.

    Specific Regulations

    Federal regulations require most nursing homes to designate one registered nurse (RN) as a Director of Nursing. Additionally, nursing homes must have an RN working eight consecutive hours seven days a week and an RN or a licensed vocational nurse on duty for the other 16 hours a day. Of course, these individuals can’t do it alone, and other staff members are required to meet the needs of nursing home residents.

    • In Wisconsin, state regulations require nursing homes to have staff sufficient “to meet the specific needs of each resident.” This includes specific requirements for licensed nursing staff and direct care staff.
       
    • In Illinois, state regulations also require nursing homes to have staff “to meet the needs of the residents.” As in Wisconsin, this includes specific requirements for licensed nursing staff and direct care staff including nurses, nursing assistants, rehabilitation aides, psychology coordinators and aides, and others.
       
    • In Iowa, the requirements are similar. State regulations require nursing homes to have staff “to meet the needs of individual residents.” As in other states, this includes licensed nursing staff and direct care staff.

    Cost Is No Excuse for Nursing Home Abuse or Neglect Due to Understaffing

    Some nursing homes may try and hire fewer staff members in an effort to cut costs. However, the cost savings of hiring fewer staff members may be shortsighted. In the long run it may cost less to hire an adequate number of staff members then it would cost to:

    • Pay damages in a nursing home abuse or neglect case. Staff members who have a lot of residents to care for may become frustrated or may fail to provide reasonable care.
       
    • Continuously train new staff due to a high staff turnover rate. Staff members who are overworked may look for work in a different facility.

    Nursing homes and long-term care facilities must be held accountable for patients that have suffered wrongful death or serious injury as a result of nursing home understaffing. This cause of nursing home abuse is never acceptable. If your loved one has been hurt, please contact us today via this website or by phone at 1-800-800-5678 to learn more.