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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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What are the time limits and restrictions of filing a car accident claim in Wisconsin against a government entity?
When you have been injured and seek to file a car accident claim against a government entity in Wisconsin you need to act fast. The statute of limitations for filing personal injury lawsuits against the government are short and if you fail to act fast you may forever lose your right to pursue a legal recovery.
When filing a car accident claim in Wisconsin you typically have 3 years to file your complaint, but when it is against a government entity you have much less time.
The time limits imposed by the statutes of limitations in Wisconsin change depending on whom your car accident claim is filed against. For example:
- If you file against a city, county, or school then you may just have 120 days to file a lawsuit.
- If the claim is against a Wisconsin state employee you may have only 180 days to file a claim.
These restrictions mean that as soon as you are injured in a car accident you should consider filing your car accident claim. A car accident injury lawyer can help you get the process started and work with you through all the stages from filing your claim to accepting a fair settlement.
The sooner you begin your car accident claim in Wisconsin the better.
Not only can you make sure that your claim is filed before the statute of limitations expires, but you can also reduce the risk of losing critical evidence and get on the road to recovery now.
Contact us online or call us directly at 1.800.800.5678 for a free consultation regarding your case.
What if I wasn't wearing a seat belt at the time of my Wisconsin car accident?
If you were not wearing your seat belt at the time of your Wisconsin car accident, an insurance adjuster will probably blame you for your injuries to some extent. However, according to Wisconsin seat belt laws, 15% is the maximum percentage that can be reduced from your personal injury claim damages for not wearing a seat belt.
If you were not wearing a seat belt and you suffered serious injuries in a Milwaukee car accident, you should speak with a Milwaukee car accident lawyer for assistance in filing a car accident claim in Wisconsin. Your lawyer is well versed in Wisconsin seat belt laws and will help protect your legal rights throughout the claims process.
Even with the 15% reduction for not wearing your seat belt, you could still receive compensation for medical expenses, pain and suffering and lost wages if someone else's negligence caused your Milwaukee car accident.
Wisconsin Seat Belt Laws: Burden of Proof
It will be up to the negligent driver who caused the car accident to provide evidence indicating which of the injuries you sustained could have been prevented had you been wearing a seat belt. If the negligent driver can meet this burden of proof, you will face the 15% reduction in damages.
To protect your case, you should consult with a Milwaukee car accident lawyer before you speak with an insurance adjuster. By all means, do not admit fault or underestimate your injuries. The good news is that your car accident claim in Wisconsin will not be denied altogether if you were not wearing your seat belt.
How does an insurance company determine the value of my Wisconsin property claim?
After your car has been damaged or totaled in a car accident, you'll need to file a property damage claim with the insurance company.
You will be entitled to the cost of repairs or the value of your vehicle before the accident occurred. It doesn't matter if you just drove the car off the lot and haven't even made a single payment yet. If the value of the car is far less than what you owe, you'll be responsible for paying the difference unless you purchased gap insurance or enrolled in a similar program prior to the accident.
Placing a Value on Your Property Damage Claim in Wisconsin
You will have to get estimates of repair costs and do some research to determine your car's value. The lower of these two figures is typically what you will be entitled to in a property damage claim in Wisconsin.
When determining repair costs, you should have your car inspected by an experienced mechanic whom you trust. Your car insurance company will have an adjuster inspect your vehicle and may also hire a mechanic to inspect the car.
If your car insurance company gives you a low estimate, make sure the company has a reputable shop that will do the repairs at that estimate. If not, you can reject the estimate.
To determine what your car's value was before your Wisconsin car accident, you can check the Kelley Blue Book value, which is a resource many insurance companies use as well. If your car insurance company values your car too low, you can ask them to have a dealership verify the cost.
Depending on the severity of your property damage, you may want to have a car accident lawyer handle negotiations with your car insurance company to ensure that you are not taken advantage of during settlement negotiations.
Once you settle your claim, you will not get additional damages in the future. Accordingly, it is important to be confident in the valuations used before you agree to a settlement.
If you've been injured in a car accident or have a vehicle damaged in a car wreck contact us online or call us directly at 1.800.800.5678.
Are there any active Avandia class action lawsuits in Wisconsin?
Ever since the news broke that Avandia, a prescription drug used to manage the symptoms of diabetes, was causing heart attacks, those injured by the drug have been asking what they can do get compensated for their losses.
Though medical bills, loss of earning potential and pain and suffering can be part of a pharmaceutical class action lawsuit, there is more to be gained. For too long big pharma has put profits over people. They care more about making money then actually healing and treating their consumers. They allow drugs and medical devices to stay on the market, even when it is clear that they are doing harm.
Avandia was causing heart attacks and other heart events as far back as 1999, yet the drug was left on the market, causing 83,000 heart attacks between 1999 and 2007. Why? How could this happen? How can the pharmaceutical industry continue to cause harm?
Class action lawsuits are often the only way to get big pharma to pay for their mistakes and, beyond that, take responsibility for their actions.
If you have suffered a heart attack while taking Avandia contact your Milwaukee pharmaceutical class action lawyer at Hupy & Abraham for your free consultation. One voice won't effect change. But together we will be heard.
I live in Wisconsin and my hip replacement has been recalled. Should I contact a lawyer?
First, be sure to see your surgeon. Even if you are not currently experiencing symptoms common to patients with defective hip joints, namely pain, discomfort or weakness in the joint, it is wise to have the hip checked. Currently, many surgeons are advising their patients to be checked every year and to undergo re-replacement surgery only when there are symptoms present or evidence that the replacement is failing.
After ensuring that you are not facing immediate danger, contact an experienced class action attorney. A lawyer who specializes in dangerous drugs and defective medical devices will be able to help you determine if you are eligible to become part of a defective hip lawsuit.
If you have already undergone re-replacement surgery and the replaced part was one that was recently recalled, you have the right to join a class action lawsuit against the manufacturer.
However, not all class action lawsuits are successful and not all win maximum compensation for those who file. You need an aggressive, experienced team of attorneys will best represent you and the other claimants in the suit. Hupy & Abraham are these attorneys. We are dedicated to patients rights and have earned our reputation of fierce defenders of the wronged. Contact your Wisconsin class action attorney today for your free consultation.
Though one voice may not make an impact, together we will be heard.
I was prescribed Avandia and suffered a heart attack. Is there an attorney in Wisconsin who can help me?
You are not alone. Over 83,000 heart attacks have been linked to the use of the prescription diabetes drug Avandia. If there have been concerns over the safety of Avandia as far back as 1999 why has it remained on the market for so long? Many believe that greedy pharmaceutical executives attempt to cover up the danger of their drugs, knowing the financial repercussions of admitting fault and recalling their drug. This immoral practice causes far too many injuries and deaths. In Wisconsin and nationwide, too many are taking prescription drugs that do more harm than good.
If you have taken Avandia, or a loved one has died of a heart attack while taking the drug, you may have the right to join a class action lawsuit. Your experienced class action lawyer at Hupy & Abraham is ready to help you fight against the pharmaceutical companies, to get the compensation you deserve and let big pharma know that they cannot continue to do harm.
In Wisconsin, who is at fault during a left hand turn accident with a motorcycle?
If the driver of a car or truck was making a left hand turn and you struck the side of the vehicle with your motorcycle, the driver is nearly always responsible. Wisconsin law requires that a motorist who plans on making a left hand turn yield to oncoming traffic.
Sometimes the rider can be found partially at fault, even though he or she had the right of way. This may occur if the motorcyclist was speeding or not attending to their driving. However, as personal injury attorneys specializing in motorcycle accidents and riders rights we have found that the vast majority of left hand turn accidents are caused by the driver.
Drivers must pay attention and look twice for motorcycles. However, in our world of ever increasing distraction while driving too many do not do so, posing a serious risk to motorists and riders alike. When a driver makes a left hand turn in front of a motorcycle there is little that the rider can do to avoid being hit or hitting the vehicle.
Drivers MUST pay more attention to the road and should be held at fault for these often injurious and deadly accidents.
If you need a Milwaukee attorney who is serious about defending your rights as a rider and getting you maximum compensation for your injuries contact Hupy & Abraham today. As personal injury attorneys and riders ourselves, we know what you are going though and have dedicated our careers to helping injured riders like you..
What is the difference between a survival claim and wrongful death claim in Wisconsin?
In Wisconsin survival claims are allowed when it can be proven that the deceased person suffered from conscious pain and suffering. If so, medical expenses before death and loss of earning capacity before death can be awarded to any surviving family members or beneficiaries by way of the estate of the accident victim. Many times a wrongful death attorney will enlist the help of an experienced probate attorney.
Unlike the estate laws tied to survival claims, wrongful death claims are those that belong to family members of the deceased. Common damages awarded in this type of claim include mental anguish and emotional loss over losing a loved one. Loss of wages and loss of inheritance can also be factored into wrongful death claims.
When your husband, wife, parent or child has died the thought of filing a wrongful death claim can be difficult. You may feel guilt over any possible money awarded to you, and the newness of your loss can be overwhelming. We know what you are going through, we have seen hundreds of people go through the emotionally trying first stages of filing a lawsuit.
With compassion and an eye on your future, the future of your children, we can lift your burden, allow you to begin to slowly come to terms with your loss. If you have any questions at all please do not hesitate to contact an experienced, compassionate wrongful death attorney at Hupy & Abraham for your free consultation. Together we can help you get through this.
After a car accident in Illinois who decides who is at fault and how much they owe?
Many people assume that the police officer who investigated the accident and filed the police report is the one who determines fault in a car accident. Technically, the police officer may ticket one driver, or both drivers, and thereby determine who is at fault. However, this is not the determination of fault that is definitive when it comes to who pays for car accident injuries in Illinois.
Instead, liability, or fault for the accident, will be determined in one of two ways. It may be determined by the insurance company during settlement talks or by the court during the trial process.
Put Your Best Case Forward
While you will not decide who was at fault in your car accident case, it is important that you present your side of the case, including all applicable evidence, so that your rights are protected. This may mean presenting pictures from the accident scene, expert testimony, and medical records, for example.
Do not trust the insurance company to provide you with a fair settlement in less you fight for it. Insurance companies profit by paying out as little as possible in settlements. Thus, it is important for you to present as strong a case as possible to encourage the insurance company to settle the case fairly.
Have you been injured in a car accident? Contact us online or call us directly at 1.800.800.5678 for your free consultation.
If you have any further questions, please request a copy of our FREE DVD, "Secrets Insurance Companies Don't Want You to Know" and please contact us directly if you need help negotiating with the insurance company or filing a car accident case.
In an Illinois car accident, what happens after driver fault is decided?
In Illinois, there is a comparative negligence law. This means that if appropriate, more than one person can be at fault in an accident. Under the comparative negligence law you, as an accident victim, can only collect damages if you were less than 50 percent at fault.
Insurance adjusters decide on fault, using a standard formula. They will decide which driver is most at fault and assign a certain percentage of fault. For example, if the other driver is 80 percent at fault, you will be assigned 20 percent of the fault. In this situation, and any situation in which you are assigned less than half of the fault, you can collect damages. Keep in mind, though, that the other driver's insurance company may only offer to pay their driver's percentage, even if you believe this to be wrong.
Remeber, too, that the insurance companies' decisions are not always right—and not always fair. The adjusters' rulings can be successfully challenged.
If you believe that you have been wrongly assigned fault in an accident or need help fighting for your rightful compensation, please contact an experienced personal injury attorney at Hupy and Abraham. Our attorneys have been winning motorcycle and auto accident cases for over 20 years. Call us today at 1-800-800-5678 for a FREE, confidential discussion of your legal rights.
Also, please feel free to download our free report, Secrets Your Insurance Agent Won't Tell You About Buying Motorcycle or Car Insurance. Our team of lawyers wrote this absolutely free book to help protect you and save you money, both before and after an accident.