Get Help Now
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.
- Page 71
My car was struck by another vehicle in a Wisconsin parking lot. Who is at fault?
Most parking lots are private property and are designed with two types of lanes: "thoroughfare" lanes that connect directly with a public road or highway, and "feeder" lanes that connect, directly or not, with a thoroughfare lane. Unless otherwise signaled, the following rules apply:
- A driver in a feeder lane must yield to a driver in a thoroughfare lane;
- The vehicle maneuvering out of a parking space does not have the right of way and will be at fault if there is a crash with a vehicle riding in a lane;
- A vehicle striking a legally parked car will be held liable;
- Drivers who disregard posted signs or maneuver (backing up, U-turn) within lanes are at fault if there is a collision;
- Opening a car door, whether the car is properly parked or not, makes you liable for any collision caused by the open door.
Parking lots are breeding grounds for fender benders in Wisconsin. The most dangerous crashes in parking lots involve pedestrians, and especially children. Drivers and parents should use every possible precaution to avoid pedestrians and kids being run over.
If you have been hurt in a Wisconsin, Iowa, or Illinois car, truck or motorcycle accident, contact the attorneys of Hupy & Abraham today at 800-800-5676 for a free evaluation of your case, or send our lawyers an e-mail with your questions.
My son was seriously injured in a motorcycle crash caused by an unmarked roadside drop. Can he recover damages?
Motorcyclists are particularly susceptible to crashes caused by defects in the roadway. Roadway deformities may cause riders to lose balance and fall, especially if the uneven pavement is not signaled and can't be seen from afar.
The motorcycle accident attorneys of Hupy & Abraham have fought and won numerous cases where the following could be established:
- Which public entity was responsible for the maintenance, repair and signaling of the road section where the crash occurred;
- That the state of disrepair of the road was unsafe and the direct cause of the accident;
- That the crash was in no possible way caused by negligence or recklessness on the part of the rider;
- That the authorities were aware of the existence of the unsafe road section and had ample time to either repair, protect or signal the danger zone.
Contact our law office for a free consultation on your case to determine if we can help you recover damages from those who are responsible for your son's accident.
Do homeowner's insurance policies pay for medical damages caused by a homeowner's dog?
There are over 300,000 reported dog bit injuries every year and 60% of these involve children.
Most homeowner insurance policies will pay for medical damages caused by the homeowner's dog. Please note that some policies may have exclusions against certain potentially dangerous breeds such as Rottweilers and Pit Bulls.
Hupy and Abraham are skilled personal injury lawyers with experience in anlyazing these policies to ensure that dog bite victims obtain the maximum compensation deserved.
Have you or a loved one been bit or attacked by a dog resulting in personal injury? Contact us online today or call us directly at 1.800.800.5678 for your free consultation.
How are auto insurance rates determined in Wisconsin?
Insurance companies use broadly the same factors to determine the rate they charge customers, even if each company gives more or less weight to each factor. They also have historical statistics that will influence the rate setting. Generally, these factors are:
- Age and gender: Typically younger drivers pay higher premiums, while women pay lower rates;
- Location: Within the state, your ZIP code will tell insurers if you live in a more populous or higher crime zone, influencing the risks of accidents and theft;
- Driving record and claims history: Your 3 to 5 year history will have a significant impact on premiums charged. Older history is seldom taken into account;
- Vehicle type: The year, make and model of your car affects the rates you pay. Some cars are safer than others, get stolen more often or are expensive to repair;
- Driving patterns: Your mileage per day or per year, commuting or long distance, the way your car is used influences the risks of accident.
Can I change a statement I made at the time of my accident, which I now realize was inaccurate?
A recorded statement or one you agreed to in writing is always more difficult to discard than a verbal statement or one that was never signed by you.
It is however quite common for people right after a crash to declare things that prove to be premature, and inaccurate or plainly wrong. If the statement you made could hurt your case, you should consult with Hupy & Abraham to explain the case. As an experienced law firm focused on car accidents, we have countless examples of misstatements that should never have been made, and can be attributed to the emotional circumstances of the accident.
Whether it concerns your injuries, or what caused the accident, we may be able to have actual facts prevail over earlier statements.
One thing is sure: Never make a verbal, written or recorded statement to the other party or to an insurance adjuster before you have emotionally recovered and are certain that the statement will not hurt your case. Remember always that your fault should be proven by the other party, and doesn't have to be accepted by you. Remember also that both physical and mental injuries may appear or aggravate at a later stage, and material damage could be far more than originally estimated. In case of doubt, you should consult with Hupy & Abraham.
What should I do if my car breaks down on a busy roadway?
When something unusual happens while driving, like a flat tire, a fender bender or a mechanical failure, many drivers tend to rush to understand or check what the problem is. This type of first reaction can be very dangerous; your first concern should be your safety.
We recommend the following precautions when your car breaks down:
- Do not get out of the vehicle to repair or examine the damage on a busy highway or intersection. Switch on your hazard lights and move your vehicle to a safe place.
- If you can’t drive your vehicle, wait for help or call the police to direct the traffic.
- Once you have pulled over to the shoulder, place flares and a triangle to signal your stopped vehicle to oncoming traffic.
- Do not attempt to change a flat tire standing on the traffic side of your car. Move your vehicle to a safer place, even if you damage your tire in doing so.
If you have been hurt in a Wisconsin car accident, contact our office for advice and answers by calling toll free 800-800-5678 or filling out our online form.
Be sure to order our FREE DVD, "Secrets Insurance Companies Don't Want You to Know".
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.