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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 report police brutality to the federal government?
You may be hesitant to report police brutality to the police department that employs the officer who hurt you. You may worry that a fair and accurate investigation won’t be done because the officer’s friends and colleagues will try to protect him.
Federal law protects you—and everyone in the United States—from police misconduct. Accordingly, the United States Department of Justice may be able to investigate your allegations of police brutality even if you were hurt by a local cop or an Illinois State Police Officer.
How to Report Police Brutality to the Department of Justice
The Department of Justice handles both criminal and civil cases. If you believe that the police violated a criminal law then you may file a complaint with the Department of Justice. You should send your complaint in writing to:
Civil Rights Division
U.S. Department of Justice
P.O. Box 66018
Washington, D.C. 20035-6018
If you believe that the police violated a civil law such as the Police Misconduct Statute or Title VI of the Civil Rights Act then you can send a written complaint to:
Coordination and Review Section
Civil Rights Division
U.S. Department of Justice
P.O. Box 66560
Washington, D.C. 20035-6560
Either type of complaint should include basic information about your claim including:
- Your name and contact information.
- The name of the officer and law enforcement agency involved in the incident.
- A detailed description of what happened.
- Contact information for anyone who may have witnessed what happened.
The Department of Justice May Investigate, But it Will Not Represent You in a Police Brutality Incident
The Department of Justice may advise you of your rights, but it will not act as your lawyer. You do, however, have the right to work with a police brutality attorney to make sure that all of your rights are protected and that you are seeking justice from all the appropriate sources.
We encourage you to contact our experienced Illinois police brutality lawyers if you’ve been hurt or if a loved one has been killed by police brutality. We would be happy to meet with you and to discuss your claim. To schedule a free, no-obligation consultation, please contact us online or call our office directly at 800.800.5678.
What is police brutality?
Sometimes police officers have to use force to protect themselves or the public from harm. The law allows police officers to use reasonable force to arrest a suspect or to protect someone from getting hurt.
Unfortunately, some police officers abuse their power and position. Instead of acting with reasonable force they act with excessive force and hurt a member of the public.
The Use of Excessive Force Is Police Brutality
The difference between reasonable force and excessive force is dependent on the unique circumstances of the situation. When reviewing a police officer’s actions, it is important to consider things such as:
- What a reasonable police officer would have done in the same circumstances.
- Whether the suspect or member of the public was armed.
- Whether the police officer had reason to believe that he, a fellow officer, or a member of the public, was in physical danger.
These factors are considerably more important than any physical harm that is done by the police officer. Imagine, for example, that a police officer used deadly force and a person died as a result. If the officer reasonably believed that the person posed a serious physical threat to the public or the officer, then the officer may have used reasonable force even though the person died because of his actions. If, however, the person did not pose a serious physical threat and the police officer killed the person anyway, then the police officer may have used excessive force.
Examples of Police Brutality
Excessive force may involve a gun or a physical attack, but it doesn’t always. The following may be examples of police brutality:
- Violence or a physical attack
- Strip search
- Use of tasers or stun guns
Whether any one of these things is considered police brutality in a specific situation will depend on the specific circumstances of the situation.
Each Case of Police Brutality Is Unique—it Is Important to Talk to an Experienced Police Brutality Lawyer
Police brutality is against the law. If an officer has used excessive force, humiliated you, or otherwise acted in a way that was out of line given the situation and you have suffered an injury as a result, then you may have a police brutality case.
You can expect that the police department is going to fight back against your allegations of police brutality. Since each police brutality case is highly dependent on the unique facts of the situation that led to an injury, it is important to work with an experienced lawyer who can evaluate your claim and advise you of your legal rights.
Hupy and Abraham has secured the largest police brutality settlement in Wisconsin state history. We understand how to evaluate police brutality claims and how to fight for the rights of our clients.
If you would like to schedule a free, no-obligation consultation with us, please contact us online or call our office directly at 800.800.5678. We would be happy to speak with you and to discuss whether you may have been the victim of police brutality.
What should I do if my child is hurt getting on or off an Iowa school bus?
The answer depends on how your child is hurt. If your child trips on her shoelaces or misses a step while texting, then making sure that your child sees the school nurse or her primary care doctor may be all that you need to do to protect your child’s recovery.
If Your Child Was Hurt by the Bus or Another Motor Vehicle Then the Steps You Take After the Bus Accident Should Be Different
Kadyn’s Law requires that all vehicles near a school bus are required to stop while the child safely exits or enters the bus. This includes not only the bus itself, but drivers around the bus that must abide by the school bus’s stop sign, stop arm, and flashing lights. If a driver failed to abide by this law and struck your child then it is important to:
- Make sure the police are notified. The bus driver or an eyewitness may make this call. However, if for some reason the police are not immediately notified then it is important for you to contact the police as soon as possible. There are criminal penalties for violating Kadyn’s Law and the police may do an investigation that is useful not only for criminal charges but also for any civil personal injury claim that you bring on behalf of your child.
- Get your child immediate medical care. Even if your child claims that he isn’t hurt, it is important for your child to see a doctor to make sure any injuries are promptly diagnosed and treated. Some injuries, such as concussions, may not have immediate symptoms.
- Take quick steps to make sure that all evidence is preserved. This may include video footage, pictures, and locating eyewitnesses.
Whether your child is a kindergartner or a high school senior, it can be devastating when your child is hurt getting on or off a school bus. Your child deserves to travel to school safely. If that didn’t happen because of a driver’s negligence then we encourage you to contact our experienced Iowa personal injury lawyers for a free, no-obligation consultation. We will review your child’s claim, determine who was legally responsible for the accident, and do everything that we can to help your child make a fair recovery. Contact us online or call our office directly at 800.800.5678 to learn more.
I was hurt in a pedestrian crash. Why do I need a lawyer?
It may be tempting to try to handle your pedestrian accident case on your own. You may think that it is an open and shut case and that hiring a lawyer may make the case more complicated and costlier. However, neither of these things is true.
Pedestrian Injury Cases Can Be Legally Complex
Even if you were the one who was hit by car or truck, you will still need to prove that the driver (or another party) was negligent and that the negligence caused your physical injuries. In other words, you will need to convince the insurance company or the court that the driver:
- Owed you a duty of care.
- Breached the duty of care by failing to act as a reasonable driver would in similar circumstances.
- Caused your injuries by breaching the duty of care.
Additionally, you will need to prove that you have a legal right to recover damage.
If you fail to prove just one of these things then you will fail at protecting your recovery.
Hiring a Pedestrian Accident Lawyer May Be a Smart Financial Move
You have one chance to settle your pedestrian accident claim. Once you agree to a settlement, the terms of the settlement will prevent you from seeking additional compensation later.
Additionally, insurance companies are more likely to take you seriously and to settle for a fair amount that truly compensates you for your past and future medical costs, lost income, out-of-pocket costs, physical pain, and emotional suffering when you are represented by counsel.
For these reasons, it is important to work with a personal injury lawyer. We invite you to contact us today for a free, no-obligation consultation. We would be happy to meet with you in one of our Illinois offices (Bloomington, Gurnee, or Rockford) or to come to you. If you decide to hire us and we take your case, then we won’t be paid an hourly fee. Instead, our compensation will come when your compensation comes, as a previously agreed upon percentage of your settlement. In the end, you may be able to recover more compensation with our help than you could on your own.
Contact us online or call our office directly at 800.800.5678 to schedule your free consultation.
What should I do if I have suffered an IVC filter injury in Illinois?
In addition to getting the necessary medical care to treat your physical injury, you should take the necessary steps to protect your legal and financial recovery.
The First Step to Getting a Legal Recovery for an IVC Injury Is Understanding Your Legal Rights
Many medical devices, including IVC filters, have risks. You and your doctor weighed those risks before you consented to the medical procedure and decided that the potential health benefits of having an IVC filter implanted in your inferior vena cava vein outweighed the known risks. However, you still suffered a significant injury because the device:
- Moved or shifted within the inferior vena cava.
- Broke apart.
- Moved from the inferior vena cava to the heart or lungs.
- Cut the inferior vena cava.
Other people who have suffered injuries have alleged that IVC filter manufacturers:
- Negligently designed the filters.
- Failed to warn patients, doctors, and the public of the above risks which were known or should have been known to the device manufacturer.
As of June 2018, more than 8,000 lawsuits against IVC filter manufacturers such as C.R. Bard and Cook Medical were pending in multidistrict litigation (MDL).
You may have a claim for the negligent design of your IVC filter or negligent warning about your IVC filter if you suffered an injury.
The Next Step Is to Contact an Illinois IVC Injury Lawyer
It can be intimidating and difficult to seek a recovery from the pharmaceutical company on your own. An experienced medical device injury lawyer can make sure that all of your rights are protected.
Our lawyers know how to investigate your claim and take the necessary steps to protect your recovery. We can tell you more in a free consultation. We invite you to join us in one of our Illinois offices or, if it is easier, we will come to you. Please contact us online, call us at 800.800.5678, text, or email us today to learn more. You can also download a free copy of our report, IVC Filters: What You Need to Know About Them, to start learning about your rights today.
What should I do if I am permanently bald because of Taxotere?
You took Taxotere to treat breast cancer based on your doctor’s recommendation, but without all of the information that you needed to make an educated decision about whether this was the right drug to treat your cancer. While Taxotere has been approved by the Food and Drug Administration (FDA) since 1996, the drug manufacturer did not warn patients (or doctors) in the United States about the potential risk of permanent baldness (alopecia) until December 2015.
You May Have a Legal Claim If You Suffered Permanent Baldness From Taxotere That You Took Prior to December 2015
Temporary hair loss is an expected side effect of cancer treatment—permanent baldness is not. As you well know, the effects of permanent baldness go well beyond cosmetic concerns. You may suffer significant psychological issues and financial consequences because of your baldness.
It is alleged that Sanofi-Aventis knew about the risk of alopecia before the warning was added to the drug label in the United States in December 2015. Since Sanofi-Aventis, the maker of Taxotere, failed to warn you of the risk that it knew about or should have known about, you may be able to join thousands of other women in multi-district litigation to pursue a recovery for your damages.
How to Pursue a Taxotere Alopecia Case
Sanofi-Aventis is going to aggressively defend itself against the injury claims brought by you and women like you. Accordingly, it is important to work with an experienced drug injury lawyer to make sure that your rights are protected. Your lawyer will make sure that your claim is appropriately filed before the deadline for filing passes, and will zealously advocate for your full and fair recovery.
The first bellwether Taxotere cases will go to trial in 2019 and 2020, according to a Case Management Order from the United States District Court filed in June 2018. Thus, there is still time to contact a lawyer and to take action.
We invite you to begin learning more about your legal options now by downloading a free copy of our report, Taxotere: What You Need to Know About It, and by reaching out to us online, by phone at 800.800.5678, text, or through this website at any time to schedule a free, no-obligation consultation.
What should I do if I’m hurt on a carnival ride?
It is often an exciting time when the carnival comes to town! Instead of traveling to an Iowa amusement park, you can enjoy rides at a fair, festival, or event close to home. These temporary traveling carnivals are set up relatively quickly and then taken down again to go to the next location. Accidents and injuries are possible, and it is important to know what to do to protect your rights if you’re hurt.
Are Carnival Rides Safe?
Mobile amusement parks are not subject to federal regulation. However, Iowa state regulations require that carnival operators have permits and that equipment be inspected each calendar year. Any death or injury that requires treatment beyond first aid should be reported to the state. Local laws or ordinances may also regulate carnival rides.
Despite these requirements, carnival ride accidents may still result in injuries. Some of the reasons for these injuries may include:
- Aging equipment.
- A workforce of temporary workers that do not have the necessary knowledge or experience to set up, use, or take down equipment safely.
- A workforce that has to work long hours and that may be fatigued when setting up, operating, or dismantling carnival equipment.
- Tight time constraints for setting up and taking down rides and carnival equipment.
Currently, the International Association for Amusement Parks and Attractions only collects information about injuries and deaths from permanent amusement parks. Carnivals and mobile amusement rides are not included. However, news reports indicate that injuries do occur. Those injuries may include, but are not limited to:
- Broken bones
- Brain injuries
- Spinal cord injuries
While we don’t know exactly how many people are hurt on carnival rides each year, we do know what you should do if you, or your child, is injured on an Iowa carnival ride.
Call an Iowa Personal Injury Lawyer After a Carnival Ride Accident
What started as a fun trip to the carnival can end with your life forever changed by a significant injury or the death of a loved one. This is an injury or death that may have occurred because the carnival owner or operator was negligent—it is an injury or death that should not have happened.
Our experienced personal injury lawyers will investigate the accident and hold the responsible parties accountable so that you can recover damages for your past and future medical expenses, lost income, out-of-pocket costs, physical pain, and emotional suffering. Contact us today to schedule a free consultation and to learn more about your rights.
How long do I have to file a lawsuit after a truck accident injury in Iowa?
You probably don’t have as long as you think.
Iowa, like other states, limits the amount of time that you have to file a lawsuit in state court after a truck accident. This limitation is not meant to pressure you, but instead it is meant to provide benefits to both you and to the defendant. By acting within a certain amount of time:
- You have the benefit of getting evidence while is still available and the benefit of making a fair recovery as quickly as possible.
- The defendant has the benefit of knowing that a claim will be pursued by a date certain or not at all.
While these purposes of statutes of limitations generally apply across the states, each state has its own law that establishes how long you have to act.
In Iowa, You Typically Have Two Years to File an Accident Case
This two-year timeline typically starts running on the date of your truck accident. However, there are some exceptions to the general rule. Specifically, the statute of limitations may be extended if:
- You did not know (and could not have reasonably known) of your injuries on the date of the accident. In this case, the statute of limitations will start running on the date that you knew or should have known about your injuries.
- You were under the age of 18 at the time of the accident. The statute of limitations will be two years or until your 19th birthday—whichever gives you more time.
- You were involved in a crash with a government vehicle. This may shorten the amount of time that you have to take action after a truck wreck.
If you file a lawsuit after the statute of limitations has expired, then you can expect the defendant to file a motion requesting that your case be dismissed and you can expect the court to grant that motion. You will not be able to recover any financial damages in court and the insurance companies will be unwilling to settle your claim with you knowing that you have no legal remedy.
Accordingly, it is important to take action before the statute of limitation prohibits you from doing so. For more information about how to do that and about how an Iowa truck accident case works, you need to speak with an experienced lawyer as soon as possible. Contact us online or call us directly at 800.800.5678 today for a free case evaluation.
Can I file a truck accident case in Iowa?
You have the right to file a truck accident lawsuit in the state of Iowa if you have standing to sue. Iowa, like other states, only permits a person to file a lawsuit if that person was the one who was actually injured in a truck crash or if that person has a certain legal relationship to a person who was hurt in the crash.
Specifically, you may have standing to sue after an Iowa truck wreck if:
- You suffered a physical injury in the accident. If you were hurt in a truck accident that was primarily someone else’s fault, if you are over the age of 18, and if you are of sound mind, then you may have standing to bring a lawsuit in an Iowa court.
- You are the parent or guardian of a minor child who was hurt in the accident. In this case, your child does not have the legal right to file a lawsuit. You have the right to do it on behalf of your child. Any damages that are recovered in a settlement or in court would be for the benefit of your child.
- You are the legal guardian of someone over the age of 18. If you have been appointed by a court as the legal guardian of someone over the age of 18, then you likely have the right to make legal decisions for that person. This includes deciding whether or not to file a lawsuit on that person’s behalf. If you do file a lawsuit, then any damages that are recovered would be for the benefit of the person who was injured.
- You are the personal representative of the estate of someone who died in the truck crash. In the event of a wrongful death, you may have standing to bring a lawsuit on behalf of the estate.
If you file a lawsuit and you don’t have legal standing to sue, then your case likely will be dismissed and you will not recover damages.
Accordingly, it is important to know your rights before you file a case. You can speak with our experienced truck accident lawyers today to learn more about standing and about how Iowa truck accident cases work. Contact us online or call us directly at 800.800.5678. We would be pleased to provide you with a free, no-obligation consultation about your rights.
I was partly to blame for the truck accident that left me injured, but I was not the only one at fault. Should I file a lawsuit?
Truck accidents are rarely the fault of only one party. Even if you were partly to blame for the crash that resulted in your injuries, you may still be able to file a lawsuit and recover damages. However, before you decide whether or not to file a case, it is important to know what to expect.
Iowa Contributory Negligence Law Applies to Truck Accident Cases
Iowa law allows you to file a personal injury lawsuit after a truck accident case as long as you were not more at fault than the defendant for causing the crash. For example, if you were drinking and driving, you failed to stop at a light, and you collided with a truck, then you may be primarily responsible for the crash even if the trucker bears a small percentage of the liability for speeding. In this scenario where you are more than 50% responsible for causing the accident, you should not file a lawsuit because you will not be able to recover damages in a court of law.
However, if the situation was reversed and the trucker was primarily responsible for the crash, then you should file a lawsuit even if you bear a small percentage of the liability for your injuries. According to Iowa law, you can make a legal recovery but that recovery will be reduced by the percentage of fault attributable to you.
Expect Your Percentage of Fault to Be a Significant Issue in Your Case
As you can tell from the example provided above, the issue of who is more at fault is going to be hotly contested in any truck accident lawsuit. You will need strong evidence and compelling arguments to convince the insurance company or court of the percentage of fault that is truly attributable to you and of the damages that you deserve. Our experienced truck crash lawyers can help you do that. Simply contact us online or call us directly at 800.800.5678 today for a free, no-obligation consultation and we will review your claim with you and discuss the pros and cons of moving forward with a lawsuit.