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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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  • Am I eligible for workers’ compensation after a work-related accident in Iowa?

    Pensive man sits at computer desk

    Most Iowa employers are required to have workers’ compensation insurance. A private employer with workers who do their jobs in the state of Iowa is required to have workers’ compensation insurance with a private insurance company or to be self-insured. The failure to have the required insurance is a class D felony.

    However, while the law may require your employer to have workers’ compensation, you still need to know whether you are eligible for benefits.

    Most Workers Who Suffer Work-Related Injuries in Iowa Qualify for Workers’ Compensation

    Your eligibility begins on your first day on the job. There is no waiting period as there may be for other employment benefits. If you can prove that you were hurt in a work-related accident, then you should be able to recover workers’ compensation benefits.

    However, as with most insurance rules, there are exceptions to the general workers’ compensation rules. You may not be able to recover workers’ compensation benefits if you are a(n):

    • Domestic or casual employee who made less than $1,500 in the year prior to your injury.
    • Agricultural employee who is exempt by law.
    • Certain relative of the employer such as the employer’s spouse or the parent, child, stepchild or sibling of the employer or the employer’s spouse (or the spouse of any of these relations).
    • Police office or fire fighter who is eligible for pension benefits pursuant to the Iowa statutes.
    • Proprietor or partner of the business and you are engaged in a substantially full-time employment for the business.
    • President, vice-president, secretary, or treasurer of a corporation and you have elected not to be covered by workers’ compensation law.
    • Employee who is entitled to another method of compensation pursuant to a rule established by the United States Congress.
    • Member of a limited liability company.

    If you have been hurt at work in Iowa, then it is important to consider whether you may be eligible for workers’ compensation benefits and to take action to protect your full and fair recovery of benefits. For more information about how a workers’ compensation case works or about protecting your individual rights, please contact us via this website or by phone at any time. We would be pleased to schedule a free consultation for you.

  • What evidence do I need for a workers’ compensation claim?

    Hand with pen signing papers

    If a dispute arises about your workers’ compensation claim, then you are going to need evidence to prove why you are entitled to the benefits that you are seeking. You can—and should—begin collecting this evidence on the day of your accident, which may be long before you know whether or not a dispute will arise.

    Evidence to Keep

    In the aftermath of your work-related accident, it is important to keep:

    • Pictures or videos from the accident scene. While you do not have to prove that your employer was negligent, you will have to establish that you were hurt in a work-related accident. In other words, you need to establish that you were acting within the scope of your employment at the time that you were hurt. Photos or videos can help prove that. Pictures and videos can also help establish working conditions if you are alleging that you developed an illness due to work conditions.
    • Medical records from before your injury or illness. This will be useful if the insurance company tries to argue that you had a preexisting condition and that you were not really hurt at work.
    • Medical records from the date of your injury to the present. This should include all dates of medical appointments, names of medical providers, diagnoses made, and treatments received. Additionally, it should include any assistive devices such as crutches that you needed.
    • Mileage documentation. This may include photos of your odometer, written notes, or receipts from taxis, rideshares (such as Uber), or public transportation.
    • Lodging and meal receipts. If the lodging and meals were made necessary by your medical treatment, then you may be compensated.

    Your unique case may benefit from additional documentation. An experienced workers’ compensation lawyer can help you determine all of the different types of evidence that is needed to build a strong claim and can explain how an Iowa workers’ compensation claim works so that you can protect your rights. To learn more, please start a live chat with us or call us directly for a free consultation.

  • When will I receive workers’ compensation benefits after an Iowa work-related accident?

    Iowa law provides specific guidelines about how long it should take to receive workers’ compensation payments after a work-related injury. While the law provides some certainty for you, the law is dependent on two things. First, it is dependent on your doing what is required of you—and second, it is dependent on the insurance company’s complying with state law.

    The General Timeline

    Weekly payments may begin as soon as the 11th day following the day your disability started. Once these payments begin, they may stop only if…

    • You return to work; or
    • The insurance company provides you with 30 days’ written notice explaining the reason for the termination of benefits and advising you of your right to appeal to the workers’ compensation commissioner.

    Medical benefits may start even earlier than weekly payments.

    What You Need to Do to Get Your Benefits Quickly

    Workers’ compensation benefits do not begin automatically. Instead, as the injured worker, there are steps that you need to take to make a claim. In order to get your benefit payments to begin on the 11th day after your disability occurs, you must provide a written report of your accident to your employer or your employer’s insurance company as soon as possible.

    What Happens If Your Payments Are Delayed?

    If you have provided the necessary documentation and the insurance company has failed to provide you with workers’ compensation benefits within a reasonable amount of time, then you may be entitled to receive interest on back payments and, in some cases, penalty payments.

    Getting hurt at work can cause you to suffer significant hardship. It is the goal of workers’ compensation law to minimize any undue hardship and that goal is furthered by providing you with prompt payments.

    If you are having trouble getting the payments that you deserve or if you have any questions about how an Iowa workers’ compensation clam works, please contact us directly via this website or by phone to schedule a free consultation.

  • Do I need an attorney if I was hurt at work in Iowa?

    If you have suffered a minor injury that did not require you to see a doctor or miss any time from work, then you might not need an attorney to help you with a workers’ compensation claim. However, in most other situations you may benefit from working with an experienced workers’ compensation lawyer who will fight hard to get you the fair recovery that you deserve.

    Five Situations When You Should Call a Workers’ Comp Lawyer

    You owe it to yourself to at least consult with a workers’ compensation lawyer if:

    • Your employer disputes your claim. If your employer denies your claim and you fail to appeal, then you will not recover workers’ compensation benefits. Some employers or their insurers deny claims hoping that injured employees will not appeal. If this happens to you, then it can cost you your fair recovery and you may be left without reimbursement for all of the costs of your work-related injury.
       
    • You don’t receive fair benefits quickly. This could be a sign that the insurance company is not providing you fair benefits. An attorney can represent you during insurance company negotiations and work to get you the fair benefits that you deserve in a timely way.
       
    • You’ve been hurt so badly that you can’t go back to your old job. Given the extent of your injuries, you should expect that the insurance company may try to pay you less than a full recovery. An attorney can help you determine what a fair recovery is pursuant to Iowa law and fight to get you that recovery that you deserve.
       
    • Your boss or employer is threatening retaliation because you are pursuing a workers’ compensation claim. You should not face any kind of retaliation at work because you are pursuing the recovery that Iowa law allows you to make. A lawyer can make sure that no retaliation occurs or that your employer is held accountable for any retaliation that has already happened.
       
    • You may have a personal injury claim against someone other than your employer. If a third party—someone other than your employer or another employee—caused your work-related injuries, then you could have a third-party personal injury claim. That claim is decided outside of the workers’ compensation system and instead is handled pursuant to Iowa personal injury law.

    Additionally, you may benefit from working with a lawyer if you:

    • Have a preexisting condition that could make a medical determination difficult after a work accident.
    • You are overwhelmed with the workers’ compensation process or uncomfortable advocating for yourself.

    Or you may simply have questions about how a workers’ compensation claim works in Iowa and you may want answers. If you would like to learn more about your rights or about how an Iowa workers’ compensation claim works, please contact us today for a free, no-obligation consultation.

  • Who can file a wrongful death lawsuit in Iowa?

    Only certain people have standing to sue in court after a wrongful death.

    The right to file a wrongful death lawsuit belongs to the estate of the person who died. Thus, it is the personal representative of the estate who has the right to bring a wrongful death lawsuit in Iowa. If the person who died had a will, then the will likely named the personal representative, who will have the legal right to start the lawsuit. If the person who died did not have a will at the time of death, then the court will appoint a personal representative so that a potential wrongful death case can move forward.

    If your loved died, then it is important to find out who the personal representative is and to express your opinion about pursuing a wrongful death claim—or to take action if you are the personal representative.

    Filing a Lawsuit Is Not the Same as Recovering Damages

    While the estate has the legal right to file a wrongful death lawsuit, the estate is a legal entity, not a person. Thus, wrongful death law allows certain relatives to recover damages in a wrongful death case. This includes close relatives such as spouses, children, and parents—regardless of whether or not they are the personal representative of the estate.

    It’s Important to Know Your Rights

    If a person who does not have legal standing to file a case attempts to file a complaint in court, then the defense will make a motion to dismiss the case—which the court will likely grant. This will delay your just recovery and be an unnecessary step in the wrongful death process.

    For more information about how a wrongful death claim works in Iowa or for help filing your own claim, please contact an experienced wrongful death lawyer. We are available to take your call any time, and we would be pleased to schedule a free consultation with you at your convenience.

  • Can I sue for the death of my unborn child after an Iowa accident results in their death?

    The wrongful death of an unborn or newborn child is tragic and unjust.

    You have suffered a tragic loss and Iowa law allows you to recover damages for the loss of your child during pregnancy. However, the rules for recovering damages after the loss of an unborn child are not the same as they are for other people, and it is important to understand your rights so that you can take the right actions within the required time to protect you rights.

    Wrongful Death Law Only Applies If Your Child Lived

    In Iowa, the wrongful death law only applies if your child lived outside of the womb. Thus, if your child was born early because of an accident and your child survived birth, then you may be able to recover damages in a wrongful death action.

    However, this doesn’t always happen after an accident. Instead, your pregnancy may not have been far enough along for your child to survive, or your child may have suffered fatal injuries in utero that prevented his survival outside of the womb. If your child did not survive birth, then an estate cannot be established for your child, and therefore, a wrongful death case cannot be brought.

    Wrongful Death Is Not the Only Way Legal Recovery Available

    As a parent, you may still have the right to recover even if your child did not survive the accident. Iowa Rule of Civil Procedure 8 allows parents to recover for the loss of child, rather than the child’s estate to recover for the loss of the child. A parent may recover for actual expenses and for the loss of society and companionship that come from losing a child.

    Your loss is unique, and so too is your recovery. Accordingly, it is important to understand how a wrongful death claim works and how to protect your rights after the loss of an unborn child due to someone else’s negligence. Let our experienced and empathetic attorneys help you during this difficult time. Simply reach out to us any time—24/7/365—via this website or by phone to schedule your free consultation.

  • Can I recover for emotional suffering after the wrongful death of a loved one in Iowa?

    Your suffering after a wrongful death may be grounds for a damage award in Iowa.

    The grief and emotional suffering that follow the death of a loved one are often the most significant damages that you face after a fatal crash, but they may be among the most difficult to prove. Iowa law may allow you to recover for your emotional loss and for the suffering your loved one endured from the time of the accident until the time of death, but in order to recover these damages, you need to know how to do it.

    An experienced wrongful death lawyer can help you gather the relevant evidence and fight for the full and fair recovery that you deserve.

    What Will the Court Consider?

    When considering emotional suffering, the court may consider and grant damages for:

    • The suffering your loved one endured from the time of the accident until the time of his death. The length of time between the accident and your loved one’s death, how aware your loved one was of his injuries and prognosis, and other factors will be relevant in determining the amount of damages that can be recovered by the estate for your loved one’s emotional suffering.
    • The emotional suffering of the spouse and children. This is included in loss of consortium damages and includes loss of affection. Your loved one’s character, the way that your loved one conducted himself as a parent or spouse, and other factors may be considered by the court when determining these damages.
    • Loss of companionship and society of a minor child. Parents may recover for the emotional suffering that they experience if their minor child dies in a wrongful death accident. The child’s character, personality, and other factors may be considered in determining these damages.

    These damages may be significant, but they are only part of the total amount of compensation that you may recover in a wrongful death lawsuit. It is important to protect all of your rights going forward. If you would like to learn more about your rights and potential recovery, please contact us directly via this website or by phone at any time.

  • Are punitive damages possible in an Iowa wrongful death case?

    Iowa law determines whether punitive damages will be available for your wrongful death claim

    Yes. While not every wrongful death case filed in Iowa will result in an award of punitive damages, it is possible to recover punitive damages in an Iowa wrongful death case.

    The Iowa wrongful death law is a survival law. The courts have held that the representative bringing the lawsuit should have all of the legal remedies that the decedent would have had if he had lived. Thus, in 1975 the 8th Circuit Court of Appeals held that if the deceased could have recovered punitive damages had he lived, then punitive damages may be available in an Iowa wrongful death case.

    When Can Punitive Damages Be Awarded?

    While punitive damages are possible in a wrongful death action, they are not automatic. Many wrongful death cases end with an award of other kinds of wrongful death damages, but not punitive damages.

    Punitive damages may be awarded against a defendant if the defendant acted in a wanton, willful, reckless, and grossly negligent manner when committing the action (or inaction) that led to your loved one’s death.

    In order to meet this standard and recover punitive damages in an Iowa wrongful death case, you are going to need to present evidence and make persuasive arguments about why the defendant’s actions were wanton, willful, reckless and grossly negligent. For example, punitive damages may be awarded if the defendant is a drunk driver who killed your loved one in a crash.

    Protect Your Fair Recovery

    In some states, punitive damages do not survive the death of the injured person. However, in Iowa punitive damages may be awarded in wrongful death claims and you have the right to protect your recovery of all damages including punitive damages.

    Punitive damages may allow you to hold the person who killed your loved one accountable. If you are interested in learning more about your rights and your potential recovery then we encourage you to contact us directly via this website or by phone to schedule a free and confidential consultation with an experienced wrongful death lawyer.

  • How long do I have to file a wrongful death case in Illinois?

    You have only a limited time period to file a wrongful death suit in Illinois

    You ask a good question because your time to file a wrongful death lawsuit in Illinois is limited by law.

    Generally, Illinois law requires that you file a wrongful death case within two years of the date your loved one died. It is important to note that the statute of limitations runs from the date of death and not from the date of the accident which resulted in your loved one’s death.

    In some situations—particularly criminal cases where the defendant intended to kill the decedent—the statute of limitations may be longer.

    Don’t Wait Until the Statute of Limitation Is Almost Up

    A wrongful death case may not have been the first thing on your mind following the tragic and unexpected death of a loved one. That’s okay. You did not need to take action immediately. However, since your time to file a case is limited, it is important to take action as soon as you are able to do so.

    Taking action does not mean that you are going to file a case today. Instead, it means that you are going to take the necessary steps to make an informed decision so that you do not forego your potential claim because you waited too long. It means that you are going to talk to an experienced lawyer to learn about your rights and gather evidence to protect those rights so that your family will have the opportunity to make a fair recovery.

    Don’t let inaction prevent your fair recovery. Instead, please start an online chat with us right now to learn more about how a wrongful death case works in Illinois, to get all of your individual questions answered, and to protect your possible recovery. We can be reached any time—24/7/365—via this website or by phone.

  • Can I recover damages for the death of my unborn child in Illinois?

    You may be able to file a legal claim if someone’s negligence results in a miscarriage

    You are suffering from the unexpected and unnecessary loss of your unborn child. Different states have different rules about whether you can make a legal recovery for this type of loss.

    In Illinois, the answer is: “it depends.”

    Do You Have a Case?

    In 1978, the Supreme Court of Illinois held that parents could recover for the wrongful death of an unborn infant if that infant was viable separate and independent of the mother at the time of death. Of course, all of the elements of a wrongful death case would also have to be established.

    In other words, you would need evidence to prove that:

    • The person who caused the accident had a duty of care.
    • The person who caused the accident breached that duty of care by failing to act as a reasonable person would in similar circumstances.
    • The breach of the duty of care was the cause of your unborn baby’s death.
    • You have the legal right to recover damages because you are the parent of the unborn baby and the baby would have been able to survive if it had been born at the time of the accident.

    Expert testimony from a doctor about whether your baby would have been able to survive outside of the womb at the time of the crash may be required in order for you to prove your case.

    What Can You Recover?

    If you can prove the elements of a wrongful death of a viable unborn infant, then you may be able to recover pecuniary damages for the loss of your child. This may include loss of society. Loss of society refers to the loss of your family relationship and includes damages for things such as love, companionship, and comfort.

    As with all damages, you will need to prove the value of your loss of society to the court or to the insurance company in order to recover fair damages. This can be difficult to do, but it is important both for your recovery and for holding the person who caused your child’s death accountable.

    If you have suffered this type of tragic loss, please contact an experienced and empathetic lawyer who is committed to fighting for your fair and just recovery today. We can be reached via this website or by phone at any time, and we would be pleased to provide you with a free, no-obligation consultation.