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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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  • 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.

    More information

    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.

  • I was injured in a motorcycle accident near Appleton. It wasn’t my fault. I hired a lawyer and we filed a lawsuit against the truck driver who turned in front of me, but I don’t like some of the decisions my lawyer has made about my case. Can I fire my lawyer?

    Yes, you can fire your lawyer. However, you might decide that firing your lawyer isn’t the smartest idea, after you read this whole article.

    Who’s the boss?

    The fact is, you are the employer here. Your lawyer is your employee. You hired him, and if you find his performance unsatisfactory, then you can fire him.

    But your power as “boss” goes beyond this. Your case is your case. Your lawyer cannot commit to anything without your approval. Your lawyer can’t accept a settlement with the insurance company unless you give your okay—and he can’t stop you if you want to accept that settlement, either.

    You say you don’t like all the decisions your lawyer has made, but he cannot put any decisions into place unless you give the go-ahead. So are you complaining that you didn’t stand up to your lawyer? You can’t fairly blame your attorney for that.

    Are you getting the best legal advice?

    Perhaps you don’t like the advice you’re getting from your lawyer. If it’s a matter of not understanding why he is recommending some course of action, you have the right to ask he explain his reasoning. Don’t let him confuse you with legal jargon. Tell him to teach you to understand why he wants things done in a particular way. Part of his job is to persuade you to accept his advice, and that means you may need some fine points of law explained in detail. A good personal injury lawyer should have no problem with that.

    On the other hand, your attorney is —we hope—approaching your case with an extensive background in Wisconsin motorcycle accident lawsuits. He may be giving the best advice possible in light of the specific details of your case. It may not be fair to blame your attorney if your particular case is only likely to have a modest recovery, or if other barriers exist to your getting what you think you deserve.

    Can you afford to fire your lawyer?

    Most Wisconsin personal injury lawyers work on a contingency basis: they do not charge you for their legal services at the start, but instead take a portion of your eventual settlement or damage award. The precise amount your lawyer gets will be spelled out in the representation agreement or contract you signed after he decided to take on your case; it’s generally 30 to 40 percent of the total.

    If you fire your lawyer after he has performed work on your case, he is still entitled to be paid for the work he’s done. In some cases—again, this depends on your representation agreement—he may be able to bill you at his usual hourly rate for the time he spent on your case. This would be presented as a lien, or claim on your eventual settlement.

    Otherwise, your attorney may be able to hold to the original contingency claim, and take his portion—one-third, or 35 percent, or forty percent, or whatever you originally agreed to—from your final settlement.

    That’s why it might not be in your best financial interest to fire your lawyer. If your first lawyer claims 35 percent of your settlement, and the lawyer you hired second claims 40 percent, then you only get a quarter of the settlement amount. That may not leave you with enough to cover your medical expenses and lost wages after a serious Wisconsin motorcycle collision.

    Of course, it’s your decision. Only you can decide if getting rid of a lawyer you don’t trust or respect is worth the financial penalty you will face down the road.

    The Best Approach: Hire the Right Lawyer in the First Place

    At Hupy and Abraham, we’ve been fired by clients before. There have also been occasions when clients, dissatisfied with their original lawyers, have asked us to represent them. It happens in every law practice. We don’t encourage anyone to leave their current lawyers, but we recognize that sometimes personalities clash.

    Our Appleton motorcycle crash lawyers think that the best way to guarantee a potential client can be happy with our services is to make sure he understands our law firm from the outset. That’s why we will give potential clients a FREE copy of our book, The Ultimate Guide for Motorcycle Accident Victims, whenever they request it when calling for a free consultation about their case.

    You can contact us at 920-882-8382 (local) or (800) 800-5678 (toll-free) today to learn how we can help you with your Wisconsin motorcycle accident lawsuit. Getting to know your attorney’s views and values is the essential first step to finding representation you can be comfortable with.

  • I was injured in a Wisconsin motorcycle accident. There were no other vehicles involved. Do I need a Wisconsin motorcycle lawyer?

    It depends on the circumstances. About one-quarter of all Wisconsin motorcycle wrecks are single-vehicle motorcycle crashes. In the past ten years, more than 10,000 motorcycle riders were killed and over 250,000 were injured in single-vehicle motorcycle accidents.

    Our Wisconsin motorcycle lawyers advise riders who are involved in single-vehicle motorcycle crash not to assume that they are automatically at fault. There are many factors that can contribute to single-vehicle motorcycle accidents. One of the most common is swerving or braking to avoid a reckless driver.

    According to the National Highway Transportation Safety Administration (NHTSA), about 40 percent of single-vehicle motorcycle crashes occur when the rider uses defense maneuvers to avoid a reckless driver or road hazard. Other factors include equipment malfunctions and dangerous road conditions.

    Consulting with a Wisconsin motorcycle accident attorney is a good idea if you believe external conditions contributed to your motorcycle crash or if you are having difficulty getting full compensation from your insurance company.

    You can learn more about insurance compensation and your rights after a Wisconsin motorcycle crash in The Ultimate Guide for Motorcycle Accident Victims. To request your free copy, fill out the form in the side-bar. If you would like to discuss your situation with a Wisconsin personal injury lawyer, contact Hupy and Abraham at 800-800-5678. The initial consultation is free and there is no obligation, so come in and find out if the insurance company is treating you fairly.

  • I’d like my child to be safe in the event of a Wisconsin car crash. What is the best car seat for me to use?

    According to Wisconsin car accident attorney Jason Abraham, there is not a single “best” car seat. All car seats sold in the United States must meet the same government standards for crash and fire safety. However, to meet these standards, the seat must be installed properly and used correctly.

    There are three basic types of car seats:

    • Infant-only car seats
    • Convertible car seats
    • Booster seats

    Infant car seats are rear-facing. They have a weight limit of between 22 and 35 pounds. A baby who has reached the height or weight limit for his infant seat should be moved to a rear-facing convertible car seat.

    Convertible car seats can be used in both the rear-facing seats and forward-facing position. The American Academy of Pediatrics (AAP) recommends that children be placed in a rear-facing car seat until the age of 2, but it is safest to leave your child facing the rear until he reaches the rear-facing limit for the seat.

    Only children who are at least four years old and weigh at least 40 pounds should use booster seats. These seats position the car seat’s seat belt so the child can use it safely.

    Our Wisconsin car accident attorneys suggest that parents check NHTSA’s ease of use ratings to learn which seats are easiest for parents to install. Parents should also get their car seat installation checked at their local fire or police station.

    For more information about child safety visit our online library. To discuss a car accident with a Wisconsin accident injury lawyer, contact Hupy and Abraham at 800-800-5678. The initial consultation is free.

  • I was injured in a motorcycle accident near Appleton. It wasn’t my fault. I hired a lawyer and we filed a lawsuit against the truck driver who turned in front of me, but I don’t like some of the decisions my lawyer has made about my case. Can I fire my lawyer?

    Yes, you can fire your lawyer. However, you might decide that firing your lawyer isn’t the smartest idea, after you read this whole article.

     

    Who’s the boss?

    The fact is, you are the employer here. Your lawyer is your employee. You hired him, and if you find his performance unsatisfactory, then you can fire him.

     

    But your power as “boss” goes beyond this. Your case is your case. Your lawyer cannot commit to anything without your approval. Your lawyer can’t accept a settlement with the insurance company unless you give your okay—and he can’t stop you if you want to accept that settlement, either.

     

    You say you don’t like all the decisions your lawyer has made, but he cannot put any decisions into place unless you give the go-ahead. So are you complaining that you didn’t stand up to your lawyer? You can’t fairly blame your attorney for that.

     

    Are you getting the best legal advice?

    Perhaps you don’t like the advice you’re getting from your lawyer. If it’s a matter of not understanding why he is recommending some course of action, you have the right to ask he explain his reasoning. Don’t let him confuse you with legal jargon. Tell him to teach you to understand why he wants things done in a particular way. Part of his job is to persuade you to accept his advice, and that means you may need some fine points of law explained in detail. A good personal injury lawyer should have no problem with that.

     

    On the other hand, your attorney is —we hope—approaching your case with an extensive background in Wisconsin motorcycle accident lawsuits. He may be giving the best advice possible in light of the specific details of your case. It may not be fair to blame your attorney if your particular case is only likely to have a modest recovery, or if other barriers exist to your getting what you think you deserve.

     

    Can you afford to fire your lawyer?

    Most Wisconsin personal injury lawyers work on a contingency basis: they do not charge you for their legal services at the start, but instead take a portion of your eventual settlement or damage award. The precise amount your lawyer gets will be spelled out in the representation agreement or contract you signed after he decided to take on your case; it’s generally 30 to 40 percent of the total.

     

    If you fire your lawyer after he has performed work on your case, he is still entitled to be paid for the work he’s done. In some cases—again, this depends on your representation agreement—he may be able to bill you at his usual hourly rate for the time he spent on your case. This would be presented as a lien, or claim on your eventual settlement.

     

    Otherwise, your attorney may be able to hold to the original contingency claim, and take his portion—one-third, or 35 percent, or forty percent, or whatever you originally agreed to—from your final settlement.

     

    That’s why it might not be in your best financial interest to fire your lawyer. If your first lawyer claims 35 percent of your settlement, and the lawyer you hired second claims 40 percent, then you only get a quarter of the settlement amount. That may not leave you with enough to cover your medical expenses and lost wages after a serious Wisconsin motorcycle collision.

     

    Of course, it’s your decision. Only you can decide if getting rid of a lawyer you don’t trust or respect is worth the financial penalty you will face down the road.

     

    The Best Approach: Hire the Right Lawyer in the First Place

    At Hupy and Abraham, we’ve been fired by clients before. There have also been occasions when clients, dissatisfied with their original lawyers, have asked us to represent them. It happens in every law practice. We don’t encourage anyone to leave their current lawyers, but we recognize that sometimes personalities clash.

     

    Our Appleton motorcycle crash lawyers think that the best way to guarantee a potential client can be happy with our services is to make sure he understands our law firm from the outset. That’s why we will give potential clients a FREE copy of our book, The Ultimate Guide for Motorcycle Accident Victims, whenever they request it when calling for a free consultation about their case.

     

    You can contact us at 920-882-8382 (local) or (800) 800-5678 (toll-free) today to learn how we can help you with your Wisconsin motorcycle accident lawsuit. Getting to know your attorney’s views and values is the essential first step to finding representation you can be comfortable with.

  • I’m still unsure if I’m ready to learn to ride a motorcycle. How can I tell if I’m the right sort of person to be a rider?

    Riding a motorcycle in Illinois is fun, but it requires certain skills that not all people possess. Even the Motorcycle Safety Foundation (MSF) believes that motorcycling is not for everybody.

    In a related post, we included five questions that the MSF proposes to help you determine if motorcycle riding is right for you. Here are five more.

    • Are you safety minded? If you are accident prone, or if you think it’s okay to operate a motor vehicle after drinking alcohol, you are more likely to end up in a Gurnee motorcycle crash.
    • Do you take care of equipment you use that has some risk associated with it? You will have to maintain your motorcycle, wear proper gear when riding, and take necessary safety precautions.
    • Can you focus? To ride a motorcycle safely means to be keenly aware of what is going on 360 degrees around you.
    • Can you respond quickly and appropriately in an emergency? You must have the skills to react when crisis situations arise.
    • Are you willing to spend time learning how to handle a motorcycle properly and safely? Obviously, learning the right way to ride is important.

    If you are injured in a motorcycle wreck in Gurnee caused by a less-than-skillful driver, get a highly skillful Gurnee bike crash attorney. Contact Hupy and Abraham toll free at 800-800-5678 or locally at 414-223-4800. Use our online contact form for a FREE, no-obligation consultation. You can also request our FREE book, The Ultimate Guide for Motorcycle Accident Victims.

  • Why should I get help to deal with my shock after a Wisconsin motorcycle wreck?

    If you have suffered psychological shock related to a Wisconsin motorcycyle crash, or know someone who is struggling with the mental aftereffects of a traumatic Madison bike wreck, you should seek help immediately. The following information may be helpful for those considering seeking professional help to combat after sustaining motorcycle accident shock:

    • There are two main causes of psychological shock, both of which could be experienced due to a Wisconsin motorcycle accident. One cause of shock is hearing emotional news such as the death of a friend or family member. The other cause of shock is being involved in a traumatic event such as a motorcycle accident.
    • Psychological shock can consume your life if left untreated, and you may begin to fixate or obsess about the event, making it difficult to maintain daily relationships and duties. 
    • It is possible to have a delayed presentation of shock, or “delayed shock.” These symptoms may come to light anywhere between hours or even sometimes years following the traumatic event.
    • If the symptoms of shock are left untreated and allowed to continue and the shock victim finds it difficult to return to normal life, there is a risk that they may have developed post-traumatic stress disorder (PTSD). PTSD is more difficult to treat, and can make a variety of daily activities seem difficult or impossible.

    If you or someone you know is trying to cope with shock after a Wisconsin bike collision, contact the Madison bike wreck lawyers Hupy and Abraham toll-free at 800-800-5678 or locally at 608-277-7777to order your FREE copy of The Ultimate Guide for Motorcycle Accident Victims. Call today to set up a free, no-obligation consultation with our team. We want to help get you the compensation you deserve for your pain and suffering.

  • Why do I need a lawyer to help in my broken clavicle case after a Wisconsin motorcycle accident?

    If you have been in a Madison motorcycle crash, then you’re very likely dealing with a great many issues already. Figuring out how to receive financial compensation for a broken collarbone should not be among your worries. The following are reasons to consider hiring a dedicated and experienced motorcycle crash lawyer:

    • A specialist lawyer like the Madison bike wreck lawyers at Hupy and Abraham have plenty of experience dealing with injuries caused by a Wisconsin motorcycle wreck. Hiring a lawyer with specific knowledge of motorcycle insurance and personal injury following a bike crash could mean the difference between winning or losing money from your case.
    • Hupy and Abraham have been working specifically to represent Wisconsin residents who have been in a motorcycle accident, which means that their knowledge of state laws and insurance intricacies are a tremendous asset to your case.
    • An experienced lawyer will be better able to negotiate fair compensation for your injuries and all the pain and suffering that results. It is in the insurance company’s best interest to under-compensate the injured, and lower settlements are automatically offered to those without legal representation.
    • It is also helpful to have a Wisconsin bike accident attorney on your side in the courtroom in the case of a disputed claim. A competant motorcycle wreck attorney like those at Hupy and Abraham will make sure you receive fair representation.

    If you or someone you know is seeking legal representation after breaking a collarbone in a Wisconsin bike crash, contact the Madison bike wreck lawyers Hupy and Abraham toll-free at 800-800-5678 or locally at 608-277-7777to order your FREE copy of The Ultimate Guide for Motorcycle Accident Victims. Call today to schedule a confidential, free consultation with our team. We want to set you on the road to financial as well as medical recovery.