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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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  • What should I do if I have lost a loved one due to a wrongful death caused by nursing home abuse or negligence?

    Nursing home neglect or abuse can be fatal to your family member

    Losing a loved one at any age is extremely difficult. It causes a lot of grief and sorrow as you try to come to terms with the loss. When the loss is caused by neglect or abuse of a nursing home, many other feelings may come into the picture. You may experience guilt, anger, or depression.

    A Nursing Home’s Failure to Care for Your Loved One Can Be a Wrongful Death

    Nursing homes have a duty to provide reasonable care for residents. If members of the staff have been neglectful or abusive, then they have violated that duty, and their actions or inactions could result in a resident’s wrongful death.

    If you have lost a loved one due to a wrongful death caused by a nursing home, then you should:

    • Grieve. Your most important first step is take care of yourself and your surviving loved ones. It can be difficult to deal with an unexpected loss. Take the time to do what is necessary to properly grieve your loss.
    • Contact an attorney. If your loved one died because of the abuse or negligence of nursing home staff, then your loved one may have suffered a wrongful death. Your loved one’s estate may be able to file a wrongful death claim, and it is important that you hold the nursing home accountable for what happened. Your attorney will help you gather the important information it takes to successfully pursue a claim.
    • File a claim. With assistance from your wrongful death attorney, you will begin the claims process. Through the claims process you will be able to receive compensation for the losses the death caused you and you may be able to convince the nursing home to change its policies and procedures so that other families do not have to endure similar losses.

    Death is the most serious injury that could result from nursing home negligence. To discuss the legal process after a deadly nursing home incident, contact a wrongful death attorney at Hupy and Abraham. Call 800-800-5678 today for a FREE legal consultation with one of our compassionate trial attorneys.

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

    Wisconsin’s statute of limitations determines how long you have to file a nursing home injury claim

    You ask an important question, because Wisconsin—like other states—limits the amount of time that you have to file a nursing home abuse or negligence case. If you file a complaint in court before the statute of limitation expires, then you may protect your right to recover damages. However, if you fail to take action before the statute of limitation expires, then the defendant will raise that issue before the court and your case will be dismissed without your recovery of damages.

    Why?

    Statutes of limitations exist for a few reasons. A statute of limitations provides certainty to potential defendants in a civil action. It does not leave the threat of litigation hanging over them indefinitely. Statutes of limitations also benefit potential plaintiffs in a civil action. It requires that plaintiffs take action while evidence is still likely to exist and potential witnesses may be available to testify.

    So How Long Do I Have?

    In Wisconsin, you generally have three years to file a nursing home abuse or negligence lawsuit. The three years begins on the date when the injury was discovered or reasonably should have been discovered. The same time restrictions apply to wrongful death cases if your loved one died from nursing home abuse or negligence.

    In some limited circumstances the statute of limitations may be extended or shortened. Thus, it is important to speak to a nursing home abuse lawyer as soon as possible after you or your loved one has been hurt to make sure that all applicable deadlines are met, that evidence is secured, and that a fair recovery can be made as soon as possible.

    What Should I Do First?

    Your first step should be to schedule a free consultation with an experienced nursing home abuse attorney who can make sure that you do not miss the statute of limitations or any applicable arbitration deadlines. For more information about how a nursing home abuse case works in Wisconsin or to schedule your free consultation, please start a live chat with us now, or call us directly at 1-800-800-5678.

  • Who can sue if abuse or negligence occurs in a Wisconsin nursing home?

    Only some people have standing to take a nursing home injury claim to court

    For purposes of this question, we will assume that there is not a nursing home arbitration agreement in place that limits a lawsuit against the nursing home if abuse or negligence results in injury. If there is an arbitration agreement in place. then it is important to look to the specific terms of that agreement to determine who can pursue arbitration.

    Filing a Lawsuit in Court

    Without an arbitration agreement, a nursing home abuse or negligence case may be filed in a Wisconsin state court if a nursing home resident was injured as a result of the abuse or negligence. However, in order for the case to be heard it is important that it is filed by a person who has legal standing to file such a claim. That could include:

    • The resident who was hurt.
    • The legal guardian of the resident who was hurt.
    • The personal representative of the resident’s estate.

    In most cases, a person must have been hurt, or be the legal representative of someone who has been hurt, in order to bring a case.

    Suing Is Different From Reporting

    Whether or not you have standing to sue, you may have the right to report the alleged nursing home abuse or negligence to the state of Wisconsin. Any person who has reasonably believes that abuse or negligence has occurred has the right to report the alleged acts of abuse or negligence to the government.

    Find Out More Before Taking Action

    Before you take any kind of legal action, it is important for you to know more about your rights, about the potential benefits of bringing a case, and about how a nursing home abuse case works in the state of Wisconsin.

    Our experienced attorneys would be pleased to provide you with a free consultation. We will advise you about your legal right to bring a case, and if you do have such a right then we will fight hard to get you, your loved one, or her estate a fair and just recovery. Please contact us at any time via this website or by phone at 1-800-800-5678.

  • What kind of expert witnesses are important in a nursing home abuse? Where can I find them?

    A variety of expert witnesses may be able to help with a nursing home abuse or neglect case

    Expert witnesses may not be needed in every nursing home abuse case. For example, if a nursing home staff member hit your loved one and the incident was caught on tape, then proving that nursing home abuse occurred may be straightforward. You may already have all of the evidence that you need.

    However, other cases of nursing home negligence are more complicated. In order to recover damages in a nursing home abuse case, you must prove that:

    • The nursing home owed your loved one a duty of care.
    • The nursing home breached that duty of care by failing to provide you loved one with reasonable care.
    • The breach of the duty of care caused your loved one’s injury.
    • You loved one was hurt and has the legal right to pursue damages.

    Nursing homes owe their residents a duty of care and that element of negligence may be easily established. The other components of a legal claim can be trickier…

    Expert Witnesses Can Help You Prove Negligence

    Expert witnesses can help you prove whether a nursing home acted with reasonable care, whether its actions or inactions caused an injury, and how badly those injuries impacted your loved one. Some of the experts who can help with this include:

    • Doctors.
    • Nurses.
    • Directors (or previous directors) of nursing home facilities.
    • Geriatrics or long-term–care experts.
    • Respiratory therapists or rehabilitation therapists.
    • Pharmacists or pharmacology experts.
    • Psychiatry or psychology experts.

    The specific experts that you need depend on exactly what happened and the unique injuries that you suffered.

    How to Find the Right Expert Witnesses for a Nursing Home Abuse Case

    It can be difficult to find your own expert witnesses. It is not enough that someone is qualified—because of his education or experience—to be an expert witness. That person must also understand the role of being an expert witness and be persuasive on the witness stand.

    An experienced nursing home abuse attorney knows how to find the right experts for each individual case, and a lawyer knows when to use an expert witness in a particular case. You do not have to make this decision alone. Instead, we encourage you to contact us directly via this website or at 1-800-800-5678 and the schedule a free consultation with us today to discuss all aspects of your nursing home abuse case.

  • Does my loved one need an attorney if she’s been abused or neglected in a nursing home?

    Your attorney will robustly pursue your interests over those of the nursing home

    Yes, if your loved one was hurt by the abuse or negligence of nursing home staff, then she could benefit from working with an experienced nursing home abuse attorney.

    Why?

    You understandably want to know how a nursing home abuse lawyer can help before you encourage your loved one to work with an attorney. We suggest that you work with an experienced lawyer because:

    • You can’t trust the nursing home to do the right thing. The nursing home, its parent company, and its insurer want to pay as little as possible in damages and they do not want to admit fault. Accordingly, they may not treat you fairly. They may not provide requested evidence and they may not pay fair damages unless they are persuaded to do so by an attorney or required to do so by an arbitrator or judge.
       
    • You need to concentrate on your recovery, or your loved one’s recovery. Nursing home cases take time and energy. Your time and energy may be better spent working on your loved one’s physical recovery.
       
    • An attorney can help make sure that systemic changes are made that better protect residents from nursing home abuse and negligence in the future. For example, an attorney can persuade the nursing home to make policy changes that prevent the type of abuse or negligence that hurt your loved one from happening in the future.

    Additionally, you should know that:

    • The first meeting with a lawyer should be free. Most nursing home abuse lawyers provide free consultations.
    • You should still contact an attorney even if your loved one has passed away. Your loved one’s estate may have the right to pursue a nursing home abuse case.
    • You can contact an experienced lawyer any time—24/7/365—via this website or by calling 1-800-800-5678. We welcome your call at any time.

    Your loved one’s time to file a lawsuit or to pursue a financial recovery is limited. Accordingly, we encourage your loved one or her estate to take action immediately by scheduling a free, no-obligation consultation with us today to learn more about how a nursing home case works and about how we can help you.

  • Who will pay for the medical bills that my loved one had as a result of nursing home abuse or neglect?

    Get a fair and full recovery of medical expenses after a nursing home abuse or negligence incident

    Many nursing home residents have medical needs when they enter the nursing home, and they receive medical care as necessary for their conditions. These costs are to be expected and they are the responsibility for the nursing home resident, her family, or the government, as applicable.

    However, the financial responsibility of the resident does not include medical expenses that were created by the abusive or negligent actions of the nursing home staff.

    These Medical Expenses Should Be Paid by the Nursing Home

    Any medical cost that is directly related to the abuse or negligence that your loved one suffered in her nursing home should be part of her nursing home recovery at arbitration or in court. While every award of damages is unique and based on the specific injuries suffered by the nursing home resident, medical damages could include compensation for past, current, and future:

    • Ambulance rides.
    • Hospitalizations.
    • Surgeries.
    • Medications.
    • Doctors’ office visits.
    • Rehabilitation therapies, such as physical therapy.
    • Assistive devices, such as wheelchairs.

    Of course, you loved one and her attorney will need to prove that these costs were because of medical conditions that resulted from the abuse or negligence, and not because of other reasons.

    How to Help Your Loved One Make a Fair Recovery

    You may know which medical expenses were caused by the nursing home’s abusive or negligent actions, but in order for your loved one or her estate to recover for medical costs, you are going to have to prove what happened and convince the arbitrator or the court of the value of these damages. Useful evidence could include medical records and expert testimony from your loved one’s physicians.

    For more information about how to gather the evidence that you need and to make the strong arguments necessary to convince the arbitrator or court of the value of these damages, we encourage you to call us any time at 1-800-800-5678.

  • My family has incurred out-of-pocket expenses due to nursing home neglect. Who pays?

    Those responsible for nursing home abuse or neglect should pay your out-of-pocket expenses needed to make things right

    The nursing home staff that was supposed to keep your loved one safe has done just the opposite. Instead of caring for her, providing her necessary services, and respecting her as an individual, one or more staff members have hurt her. They have caused her physical pain and emotional suffering because of their abusive or neglectful acts.

    You can’t go back and prevent this abuse from occurring, but you can protect your loved one now by fighting for a full and fair recovery of damages.

    This Includes Out-of-Pocket Costs

    Out-of-pocket expenses include anything that your loved one lost or had to pay for out-of-pocket as a result of the nursing home abuse or neglect. Thus, out-of-pocket damages are as unique as the victims who suffer from this type of abuse.

    If your loved one was hurt, then you might consider the following types of losses:

    • Property damage. If any personal property was stolen, damaged, or otherwise lost as a result of the nursing home abuse or neglect, then your loved one should be compensated.
    • Any costs that were incurred as a direct result of the abuse or neglect. This could include, for example, any costs associated with moving your loved one to another nursing home facility.
    • Funeral costs. If your loved one died from the nursing home abuse or neglect that she suffered then her estate may be able to recover these costs.

    Of course, if you believe that your loved one suffered any other expenses or out-of-pocket costs then you should tell your loved one’s nursing home abuse attorney so that the attorney can demand fair damages from the arbitrator or the court.

    To learn more about your loved one’s recovery of damages after nursing home abuse or neglect leaves her injured, please contact us anytime—24/7/365—to discuss your rights. We are available via this website or by phone at 1-800-800-5678 and we would be pleased to provide you with a free consultation.

  • Can my loved one recover damages for her nursing home pain and suffering?

    Your love one deserves compensation for the suffering and pain of nursing home abuse

    Yes. Your loved one’s physical pain and emotional suffering are probably the most significant damages that she suffered as a result of nursing home abuse or neglect and she deserves compensation for these damages.

    However, before your loved one can recover financial damages for her emotional suffering and physical pain, there are two things that must be done.

    First, the Value of Her Damages Must Be Proven

    There are no invoices or bills that you can submit for compensation; however, you must still establish the value of loved one’s physical pain and emotional suffering before you can negotiate a settlement or demand damages in a lawsuit.

    An experienced nursing home abuse lawyer can help you determine the value of your loved one’s unique damages. Some evidence to consider, however, might include:

    • Your loved one’s medical records. This may document the specific physical injuries that she suffered and help you determine how much pain she was in and could be in going forward. Additionally, a doctor or mental health professional may have documented changes in your loved one’s behavior, anxiety, or other psychological issues.
    • Information from you or other frequent visitors of your loved one. Did anyone notice any changes in your loved one? When were they noticed? What were they? Were they reported to nursing home staff or your loved one’s doctor?
    • Information from nursing home staff. Did your loved one become more fearful, did she have trouble sleeping, did she have changes in moods or behavior, or experience other symptoms? All of this information may be documented.

    This information can help you come up with a fair number to request to compensate your loved one, or her estate, for the abuse or neglect that she had to endure in her nursing home.

    Next Her Fair Recovery Must Be Fought For

    Unfortunately, coming up with a number is not enough. You are going to have to convince the insurance company, the arbitrator, or the court of the value of these damages. To that end, we encourage you to work with an experienced nursing home abuse lawyer who will fight for your loved one’s rights and work hard to get her the fair and just damages that she deserves for the serious wrong that has been done to her. Please contact us anytime via this website or at 1-800-800-5678 to learn more.

  • Who should pay for my injuries from a dog bite at a vet’s office or other Iowa business?

    The dog owner or the business owner may be responsible if you have been attacked or bitten in a commercial area

    The same rules apply regardless of where your dog bite occurs in Iowa. According to Iowa dog bite laws, the owner of the dog is responsible for paying your damages after you’ve been bitten by a dog at vet’s office, pet groomer, retail store, or other business location in the state of Iowa.

    But It Might Not Be That Simple

    Before you can recover damages, you will need to prove who the owner of the dog was at the time that you were injured and whether anyone else, such as a landlord or business owner, might be liable for your injuries.

    One way to prove who owns a dog is to look at the dog’s registration papers. If the person to whom the dog was registered and with whom the dog lives was present at the time that you were injured, then it is likely that that person will be considered to be the dog owner and it is that person who will need to pay your damages.

    However, that may not be the only way to prove ownership of a dog in Iowa. If you can prove that someone else, such as a vet, groomer, or pet sitter had the dog in his possession at the time of the bite and was keeping it in a manner that an owner typically does, then that person may be considered to be the dog owner for purposes of your dog bite claim.

    Additionally, you may have another cause of action against the property owner or manager if you can prove that the owner or manager knew or should have known that there was a dog on the property that could pose a threat to others.

    You Need to Take Action Against the Right Defendant

    Liability can be complicated, but you need to take action against the right defendant in order to recover damages. To find out more about who may be liable for your dog bite injuries and to get the recovery that you deserve, please contact us via this website at any time. We would be pleased to provide you with a free consultation so that you can make an informed decision about pursuing a fair and just recovery.

  • What should I do if I was bitten by someone’s dog at his or her home in Iowa?

    Look first to the owner for compensation after a dog bite attack on someone else’s property

    There are three things that you should do as soon as you are physically able to do so.

    First, Get Medical Help

    The first thing that you should do is to get medical help. Medical attention can help control your pain, treat your wounds, and prevent infections. Your diagnosis, treatment plan, and prognosis may also be important to your legal and financial recoveries.

    Next, Learn About Your Rights

    You need to understand the Iowa dog bite law to determine if you can recover damages and what those damages may include.

    The Iowa dog bite statute allows people who have been hurt by other people’s dogs to recover from the dog’s owner in most situations. Iowa is a strict liability state and the statute only provides two exceptions to this general rule. The dog owner may not be liable if you were committing an unlawful act that directly contributed to your injuries or if the dog had hydrophobia (rabies) and the dog’s owner didn’t have reasonable grounds to know it or prevent the injury.

    Assuming that the dog’s owner is liable for your injuries, the statute allows you to recover for “all damages done by the dog…” This includes you past, current, and future:

    • Medical expenses.
    • Lost income.
    • Out-of-pocket costs.
    • Pain and suffering.

    However, before you can collect these damages you must prove their value.

    Finally, Take Action to Protect Your Rights

    You may begin negotiating a settlement with the dog owner, or his insurer, at any time after your dog bite. However, it is important to know two things before you get started:

    • Anything that you say can be used against you.
    • Your right to file a lawsuit is limited by the Iowa Statute of Limitations.

    Accordingly, it is important to take the right action at the right time with the help of an experienced dog bite attorney. Please contact us via this website, to learn more about how a lawyer can help you recover the damages that you deserve after a dog bite anywhere in Iowa, including a dog owner’s home.