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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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  • 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.

  • Do I have the legal right to file a dog bite injury lawsuit in Iowa?

    You may file a dog bite injury lawsuit only if you have standing to sue

    The Iowa dog bite statute gives a person who has been hurt by a dog standing, or the legal right to sue the dog owner for damages. More specifically, the law allows the injured party to recover damages from the dog owner (or his insurer) if the dog is caught in the action of worrying, maiming, or killing a domestic animal or the dog is attacking or attempting to bite a person. This general rule is subject to only two exceptions. You may not recover from the dog owner if you were doing an unlawful act that directly contributed to your injury or if the dog had hydrophobia (rabies) and the owner did not have reasonable grounds to know it and prevent the injury.

    Thus, if you were hurt and those two exceptions do not apply to your case, then you have standing to sue and recover damages.

    What If You’re Not the One Who Was Hurt?

    In some limited situations, you may have the right to bring a lawsuit on someone else’s behalf even if you were not the one injured by the dog. The three most common examples of this type of situation are if…

    • You are the parent or guardian of a minor child who was hurt by the dog.
    • You are the legal guardian of an adult who was hurt by the dog.
    • You are the representative of the estate of someone who was killed by the dog.

    Whether you need to bring a dog bite lawsuit on behalf of someone who was hurt or for yourself, it is important to learn more about how a dog bite case works in Iowa and to take action.

    You Have a Limited Time to Bring a Case

    Accordingly, it is important to talk to an experienced lawyer as soon as possible about your rights and about how to protect them. To schedule your own free, confidential consultation, please start a live chat with us now or call us directly at 1-800-800-5678.

  • I think I was partly to blame for my dog bite injury. Can I still recover damages?

    You can recover for dog attack injuries if other people were more at fault than you

    If you think that you were partly to blame for your dog bite injuries, then you can expect that the dog owner, his insurer, or his attorney is going to think the same thing and try to prevent you from recovering damages for your injuries.

    Can They Do That?

    According to the Iowa dog bite statute, the owner of a dog is not liable for damages if the person who was hurt by the dog was doing an unlawful act that directly contributed to his own injury. (See Iowa Code Chapter 351, Section 28).

    If the dog owner, his insurer, or his attorney can prove to the insurance company or the court that you were more than 50% responsible for the dog biting or otherwise hurting you, then you will not be able to recover damages.

    However, if you were partly at fault—but not primarily at fault—for your injuries, then Iowa law allows you to recover damages. Your damages will be reduced by the percentage of fault attributable to you. For example, the jury could find that you trespassed on the dog owner’s property and the jury could decide that because of your trespassing you were 25% responsible for being bitten by the dog. In this scenario, your damages would be reduced by 25% because it would be unfair to hold the dog owner accountable for your wrongdoing. The dog owner, or his insurer, would still be responsible for paying 75% of your damages.

    Does This Sound Complicated?

    It is complicated. There is no magic formula that determines the percentage of fault. Instead, how fault is attributed during settlement negotiations or in court is going to depend on two things: the quality of evidence that is provided, and the persuasiveness of the arguments that are made.

    Thus, it is important to be prepared and to work with an experienced dog bite lawyer to get the fair recovery that you deserve. To learn more about how a dog bite case works, or to get your specific questions answered, please start a live chat with us now or call us directly at 1-800-800-5678 to schedule a free consultation.

  • Who will pay for my medical expenses after a dog bite injury in Iowa?

    A fair dog attack recovery will cover all your related medical bills

    In Iowa, a dog owner has strict liability for any injuries caused by his pet. People who are bitten by dogs in Iowa may seek compensation for all of their damages—including any medical expenses that resulted from the dog attack—as long as they were not committing an unlawful act that directly led to the bite and as long as the dog was not suffering from rabies. Generally, the dog owner’s insurance company will pay for the dog bite damages unless the dog owner did not have applicable insurance in which case the dog owner will be responsible for paying damages directly.

    How Is the Value of Medical Expenses Determined?

    The value of your medical expenses will generally depend on two things:

    • The evidence that you provide. This may include copies of your medical bills and expert testimony about the projected value of your future medical needs.
    • The quality of your arguments. You have to convince the insurance company or the court about the value of your medical expenses and fight for a fair recovery.

    Of course, before you can recover compensation for medical expenses, you have to ask for it.

    When to Request Medical Damages

    It is important to talk to an attorney as soon as possible about the cost of your medical expenses and about all of your dog bite damages. If you wait too long, the statute of limitations may take away your right to recovery. Thus, you might have to take action before you have all of your reconstructive surgeries.

    An experienced dog bite attorney can help estimate the entire cost of your injury, and fight for your fair recovery of damages. To learn more, please contact us directly at 1-800-800-5678. We would be pleased to schedule a free consultation for you so that you can get the answers to your important questions.

  • Can I recover for out-of-pocket damages after a dog bite in Iowa?

    You shouldn’t have to pay for your out-of-pocket expenses caused by an Iowa dog bite

    The short answer is yes.

    The Iowa dog bite law allows people who have been hurt by other people’s dogs to recover for “all damages.” This includes, but it is not limited to, anything that you have to pay out-of-pocket because of your dog bite injuries.

    What Could Be Included?

    Your out-of-pocket expenses are likely not the biggest financial losses that you will suffer because of your dog bite injury. Things such as your lost income and your medical expenses may take a greater financial toll on you and your family. However, your other out-of-pocket or miscellaneous expenses are still deserving of compensation.

    These types of expenses could include, but are not limited to:

    • Household help that you need, such as cleaning help.
    • Transportation costs.
    • Child care costs.

    Of course, these must be costs or expenses that you incur as a direct result of your dog bite injury. If you paid for daycare prior to your dog bite, for example, and you are still paying for day care because you are still working, then your child’s day care expenses will not be reimbursable in an Iowa dog bite lawsuit. However, if you need daycare because you are physically unable to care for your child because of your dog bite injury, then that expense may be included in your dog bite recovery.

    How Do I Get Compensated for These Out-of-Pocket Expenses?

    As with other types of Iowa dog bite damages, you are going to have to advocate for your full and fair recovery. You can begin the process by talking to an experienced dog bite injury lawyer and making sure that you mention all of your costs and expenses to your attorney so that your attorney can include them in settlement negotiations. You should save receipts when possible to help prove the value of the expense.

    For more information about how to protect your full and fair recovery of damages, please start a live chat with us now.