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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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I have noticed cameras at intersections all over Milwaukee. I was told these cameras were used to cut the number of Wisconsin red light violation accidents. Why are they there? Do they work?
Each year hundreds of deaths and tens of thousands of injuries occur each year as the result of red light violations. Nationwide, 673 people were killed and about 122,000 injured by motorists who were either in too big a hurry or were distracted and ran through red lights. And, sadly, about half of the fatalities were pedestrians, bicyclists, or passengers in other cars.
Unfortunately, most communities do not have the resources to hire enough police to enforce the Wisconsin red light violation laws and give tickets to every motorist who breaks them. For that reason, red light cameras are being installed in many cities to try to save lives.
Do red light cameras work? According to 2011 study by the Insurance Institute for Highway Safety, the cities with cameras reduced their total number of red light crashes by 24 percent. Other studies found that, as a result of red light camera enforcement, the number of accidents due to red light running decreased at intersections that had no cameras installed, leading researchers to believe that drivers were actually adopting safer practices behind the wheel.
When many red light studies were combined from all around the world, it was estimated that red light violations were reduced by 40 to 50 percent and right angle injury crashes were reduced by 24 percent.
However, some drivers continue to make bad decisions and still run red lights. If you or someone you know have been injured by one of these red light runners, give Hupy & Abraham, accident lawyers in Wisconsin, a call to see if we can help. You can reach us toll free at 800-800-5678 or by filling out the confidential form on this page.
My husband was recently in a Wisconsin motorcycle accident and suffered a serious traumatic brain injury. While his doctors say he will slowly improve, he and our family are having a rough time coping. Any suggestions?
We know how difficult adjusting to life after a TBI injury, both for the victim and for the family. Your family might want to consider some of these suggestions for coping with a TBI injury:
- Find and join a support group. Most communities have groups that can help your husband compare notes with others like him. He can also discuss issues he is experiencing and perhaps get good suggestions for coping as he heals. If you live in a rural area and this is impossible, there are also good online groups to consider.
- Keep a consistent schedule. Routines are very important for recovering TBI patients. Each day should be structured carefully with the same basic daily routine.
- Keep distractions around the house to a minimum. For a while, your husband will need peace and quiet in order to recover. For many TBI patients, loud noises or bright lights can be very disturbing. While no family can be silent, everyone can work together to give him the best conditions possible in your particular situation.
- Change your expectations. When your husband returns to work, he can ask for accommodations and extra time to complete tasks. And at home, don’t expect him to do the same work around the house as he did before. If, for example, he was in charge of paying the bills and is finding this difficult, find a way to work together and break the job down into more manageable steps.
- Get legal help if you need it. One upsetting factor in TBI cases can be financial hardship. You may be facing medical costs, lack of income and even money to pay a caretaker to help out. A good Wisconsin personal injury lawyer can help you with a Wisconsin accident settlement that can relieve financial stress.
At Hupy and Abraham we pride ourselves on being one of the top motorcycle litigation firms in the United States. Call us today toll free at 800-800-5678 to request a free consultation and a FREE copy of our book, The Ultimate Guide for Motorcycle Accident Victims.
The insurance adjuster asked for my Social Security number after my Milwaukee car crash. Is it mandatory that I give it to him?
You are not legally obligated to give your Social Security number in any situation except when dealing with a taxing authority. You certainly shouldn’t need to give it before your settlement is finalized.
It’s possible that the insurer is only using your SSN as an account number and is asking for it so they can access your account in their database. However, be aware that this piece of highly personal information can easily be used to research your involvement in other settlements and claims.
Obviously, this history doesn’t apply to your current case, but it can be used against you if the provider is looking to deny your personal injury claim or diminish your settlement.
Once your settlement is finalized, the adjuster might need your SSN in order to release your payment. Some states have legislation that restrict insurance companies from paying out settlements until your Social Security number has been run through a government database to check for outstanding tax or family support debt.
It is essential that you ask what the adjuster needs your SSN for before giving it out. If you are uncomfortable with this question or have any concerns about dealing with Wisconsin insurance adjuster, talk to a Milwaukee auto accident attorney.
Are you having problems dealing with an insurance provider after a Wisconsin, Iowa, or Illinois car crash? The skilled legal team of Hupy and Abraham may be able to help. Call 414-223-4800 (local) or 800-800-5678 (toll-free) now to make an appointment for a confidential case review at no cost.
I can’t find a comfortable motorcycle helmet in Milwaukee stores. Could the shape of my head have anything to do with it?
It sure could! Motorcycle helmets vary not only in basic size but also in their internal shape. Although you buy a helmet primarily for safety—so that your head is protected if you get into a Milwaukee motorcycle wreck—comfort is very important.
Today, we love the convenience of buying what we need and want online. Fight the urge, however, when it comes to your bike helmet. You have to try on several helmets and wear them for a few minutes before you commit to buying one. Remember, you have a better chance of surviving a bike crash in Wisconsin if you actually wear your helmet.
The website webbikeworld.com goes into detail discussing head shapes and has a pretty extensive list of corresponding brands and styles to fit those shapes. The list also includes the weight of each helmet.
I recommend that you print off a list of the helmets that match your head shape and take it with you to the store. Then try on each helmet and wear it for a few minutes before trying out the next one. The time you invest in this activity will pay off in your safety and comfort.
If you get into a motorcycle crash in Milwaukee caused by another motorist, contact the Wisconsin motorcycle accident lawyers at Hupy and Abraham. Call us locally at 414-223-4800 or toll free at 800-800-5678. Take advantage of our FREE consultation offer, or order our FREE helpful publication, The Ultimate Guide for Motorcycle Accident Victims.
I fell down the stairs at my friend’s apartment complex in Milwaukee because the handrail was broken. I feel awkward involving her, but I need someone to pay for my medical bills. What should I do?
Although your fall occurred at your friend’s residence, she is not responsible for taking care of the grounds or keeping up with the maintenance. That responsibility belongs to the property owner or the property manager of the apartment complex.
Because of this, you shouldn’t feel awkward involving your friend, especially if she witnessed your fall. Your friend should understand that your fall injuries are not your fault. Plus, medical bills can add up quickly. You should not have to incur medical expenses or lost income from being a victim of a Wisconsin slip and fall accident.
We understand that you don’t want to lose your friend or cause him or her grief, but this matter shouldn’t be viewed in this way. The money for your medical bills and other damages will not come out of your friend’s pocket. Instead, your friend’s landlord or the person or company who owns the apartment building should be held accountable.
The property manager has a duty to take care of the grounds and to protect residents and their visitors from possible dangerous conditions. This includes repairing or replacing broken handrails so that people can walk up and down the stairs safely.
If you feel hesitant pursuing damages because your friend lives there, call us and we will talk to you about your situation in more detail. You can reach Hupy & Abraham toll-free at (800) 800-5678 for a free consultation with a Milwaukee personal injury lawyer today. With seven offices in two states, we are ready to pursue your Wisconsin, Iowa, or Illinois premises liability lawsuit until you get the compensation you deserve.
My husband suffered a brain injury in an Appleton motorcycle crash due to a distracted driver. What can I do to help promote motorcycle safety?
Sadly, motorcycle accidents are one of the biggest causes of traumatic brain injuries, and we are saddened to hear that your husband suffered such a serious injury. When facing life-altering injuries like this, it is good to first learn all you can about the injury and how you can help your husband. This way you can be prepared for things that may come up down the road.
After learning about the injury and helping your husband pursue justice through a Wisconsin personal injury lawsuit, you can start promoting motorcycle safety. One of the quickest ways and most effective ways you can get the message out to other drivers is to talk about your husband’s experience and his Appleton motorcycle accident.
By talking about it and focusing on how drivers do not pay enough attention to motorcyclists on the road, it can make others drivers more aware of their behaviors when they get behind the wheel. Drivers of passenger vehicles do realize that motorcycles are hard to spot because of their small size; however, you can still encourage them to look out for motorcyclists before they change lanes, turn or merge.
As Wisconsin motorcycle accident lawyers, we not only represent injured motorcyclists but we also ride ourselves. We are active in the motorcycle community and help raise awareness through our free resources, motorcycle guide, watch for motorcycles sticker, and more. If you would like to obtain a motorcycle awareness sticker to place on your vehicle, call Hupy & Abraham toll-free at (800) 800-5678 for your motorcycle safety sticker today.
Additionally, if your husband needs help pursuing an Appleton motorcycle accident case against the negligent driver involved, we would be happy to provide you with a free consultation.
I recently lost my husband in a tragic car accident. He was driving from one job to another in the middle of the day when another driver ran a red light and hit him head-on. Not only do I grieve him every minute, but I am afraid I won’t be able to support our three young kids, since he was the breadwinner. I am also scared that they will grow up without the protection of their father. Will the at-fault party’s insurance adjustor consider this?
First of all, we are terribly sorry for your loss. It is never easy to deal with tragic accidents like this one, but we applaud your bravery for standing up and asking the tough questions in the name of your family.
While we cannot give you an exact answer since we do not know all of the specifics of your case, we can tell you that in any Wisconsin wrongful death claim there are certain circumstances that should always be considered.
It is important that the Wisconsin accident lawyer you choose to represent you for your husband’s loss makes sure that the following Milwaukee wrongful death claim damages are addressed:
- The loss of income that your family is experiencing due to his passing
- The cost of his funeral and burial expenses
- The loss of companionship, protection, love, and affection that you and your children will no longer be able to experience from him
- The cost of any medical bills—his and those of your family—that are directly related to his fatal accident
- The pain and suffering that you and your children must endure because of his death
It is never easy dealing with the loss of a loved one, and our thoughts are with you. We encourage anyone facing a similar situation to contact Hupy and Abraham toll-free at 800.800.5678 for a confidential and complimentary case evaluation so that you can learn your legal rights.
My dad used to ride motorcycles when he was in his 20s. Now I am in my 20s and own my own bike, and my dad offered to give me his vintage helmet that I always admired as a kid. The helmet has never been involved in a crash, but is it true that an old helmet might not be able to protect me if I’m injured in an accident?
The Milwaukee auto accident lawyers in our office want to applaud you for raising this question. Not many riders think about the age of their helmets and how it might impact their safety while riding a motorcycle.
Helmets deteriorate over time. Considering the fact that they are exposed to a wide range of weather conditions, it is understandable that exposure to heat and cold, water, wind and chemicals can cause the helmet to break down in ways that are invisible to the naked eye. Most helmets have a shelf life of five years, and many have an expiration date printed right on the box or the helmet.
So, in this case, steer clear of vintage helmets, no matter how cool they seem. Using one would not be the best way to protect your head in the event of a Wisconsin motorcycle crash.
Helmets are your best defense against injuries from a motorcycle accident in Wisconsin. Buy a new helmet that meets U.S. Department of Transportation and WisDOT standards; make sure it provides a secure, snug fit. Wear your helmet every time you ride your bike.
If you or a loved one has suffered serious injury in a Milwaukee motorcycle accident, contact Hupy and Abraham immediately at 800.800.5678 for your complimentary case evaluation. Or tell us about your situation by filling out our online form and an attorney will get right back with you to schedule an appointment.
What Do Wisconsin Personal Injury Lawyers Mean By The Term “Negligence"? Can The Guy Who Plowed Into My Bike Last Week Say He Wasn’t At Fault?
Negligence is related to the word “neglect.” As attorneys use it, negligence basically means failure to use the degree of care that a reasonably careful person would use in similar circumstances. This concept is really at the heart of civil law. The core of a personal injury lawsuit in Wisconsin—or anywhere else in the United States—is the claim by the plaintiff, or injured person, that the defendant was negligent in some way and thus responsible for the injuries that occurred. If this claim is held to be true, then the defendant will be required to compensate the plaintiff for those injuries.
When the subject turns to Wisconsin traffic accidents, the precise nature of negligence changes. Driving a motor vehicle is considered to be an inherently dangerous activity that can easily cause injury. Someone operating a motorcycle or car is therefore held to a higher standard of care: they must use a degree of care that a very careful person would use in similar circumstances.
Defenses against negligence
There are usually said to be four elements in a negligence claim. The personal injury lawyer for the plaintiff must establish:
- Duty of care. It must be proved that the defendant had a particular duty to take a certain level of care to prevent foreseeable harm to others.
- Breach of duty. It must be proved that the defendant did not live up to the expectations of careful behavior.
- Causation. It must be shown that the defendant’s breach of duty led directly to specific harms done to the plaintiff.
- Harms. The exact extent of injury done to the plaintiff must be shown and the cash value of those injuries established.
If an attorney fails to prove any one of these, he cannot win the case for the plaintiff. And that’s ultimately fair. Not all accidents are going to deserve compensation. If the driver of a midsize sedan was very careful on the road but still ended up crashing into your motorcycle, it’s quite likely he will not be found negligent, because he did not breach his obligation of duty.
Defense lawyers and Wisconsin insurance adjusters will often question the negligence issue of a motorcycle injury claim in order to avoid paying a larger settlement. They may argue that the rider understood and accepted the risky nature of motorcycle riding, thereby forfeiting the requirement that others take care to minimize risks. For example—and this is a common example—the defense lawyer may point out that the plaintiff failed to wear a helmet while riding his motorcycle, and interpret this behavior as showing the plaintiff didn’t attach much importance to personal safety.
If you need more information on the legal principle of negligence, or if you want to arrange for a FREE case consultation about your traffic accident lawsuit, call 414-223-4800 (local) or 800-800-5678 (toll-free) today. A Wisconsin motorcycle wreck lawyer can meet with you to discuss how Hupy and Abraham can help you get the compensation you deserve from the negligent party in your Wisconsin traffic accident. If you ask, we will send you a FREE copy of our book, The Ultimate Guide for Motorcycle Accident Victims, which will be yours to keep as an introduction to our law firm.
A friend of mine says he got a “structured settlement” after his auto accident near Green Bay. What does that mean? What is a structured settlement?
A structured settlement is a financial arrangement, agreed upon by both parties, for paying the settlement amount in a personal injury lawsuit. Commonly, this is used for larger amounts of money. Instead of receiving a lump-sum payment for the accident, the injured person will get periodic installment payments. Perhaps a check will come every month, or every three months, or once a year.
The person, business or insurance company paying the money may prefer a structured settlement. A periodic payment plan does not require getting together a huge amount of money at once. Instead, the business can set aside smaller periodic payments, or purchase an annuity.
The person receiving the settlement may also prefer getting paid periodically, for at least three reasons:
- A guaranteed income. Payments arrive regularly and predictably on specific dates, either for a definite term or until the end of life.
- Tax management. A single lump-sum payment may be subject to state, local, or federal income taxes at a very high rate. A structured settlement typically doles out money over several years. This provides significant tax savings or treatment as nontaxable income.
- Spending control. A lump-sum settlement is intended to compensate personal injury damages extending over a significant period of time. However, some people do not have the self-discipline to budget for years of needs after they receive a check for thousands of dollars. Expenses include medical care, transportation, food, and other necessities. A structured settlement helps control impulsive spending and makes budgeting for future bills easier.
Cashing In a Structured Settlement
Some people may be pleased to receive regular, scheduled payments. Other people realize they dislike having their settlement given to them in bits and pieces. The most common complaints that Green Bay car crash lawyers hear from recipients of structured settlements include the following:
- “I don’t feel like the money is mine when I don’t have complete control.”
- “I want flexibility to spend more than my monthly check if I need to make a larger purchase like a car.”
- “I have a sudden need for more money right now to pay for my child’s college education. It’s inconvenient to have to wait for a quarterly check.”
- “I need money to pay off my credit card debt.”
- “I could invest this money and get a better rate of return than the annuity gives me.”
For people in this position, there is a market in selling structured settlements. Individual investors or financial services companies can buy a structured settlement and give the owner a lump-sum payment for it. Technically, this is called a structured settlement factoring transaction. After that, the purchaser will receive the income from the settlement or annuity. The value of this transaction is whatever the buyer and the seller agree on.
The federal government and most states have enacted laws to protect the seller of a structured settlement. Most of these state laws are based on a model law developed by the National Conference of Insurance Legislators. Wisconsin is one of the few states that do not have a Structured Settlement Protection Act enacted into state law. However, the federal rules under Internal Revenue Code Section 5891 apply to structured settlement sales. It is also possible that another state’s regulations may have to be obeyed if the purchaser of a Wisconsin structured settlement lives in another jurisdiction.
Help From Hupy and Abraham
The Green Bay car crash lawyers of Hupy and Abraham are available to answer your questions. Contact us to discuss any aspect of your settlement for a Wisconsin car accident, including inquiries about structured settlement sales. You can reach us at 920-593-5050 (local) or 800-800-5678 (toll-free), or by completing the inquiry form on our website.