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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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Does a slip and fall case constitute premises liability in Wisconsin?
When you slip and fall on someone's property, be it a business or a home, you are on the owner's premises, or property. As such, that owner, and any manager or supervisor on duty, has the responsibility to ensure that the property is as safe as possible. When they fail to do so, and someone slips, falls and is hurt, then a premises liability suit can most certainly be filed.
Among premises liability cases in Wisconsin, slip and fall and trip and fall accidents are the most common. Other examples of premises liability cases include dog bites and other accidents such as items from a shelf falling onto a customer's head.
If you have been injured in a slip and fall accident and believe that the owner should have known about the slip hazard, time is not on your side. Please contact an experienced personal injury attorney at Hupy & Abraham today for your free consultation. Successful slip and fall cases are generally those where a knowledgeable lawyer is able to survey the accident scene as quickly as possible. Do not hesitate. Call now. 1.800.800.5678
I took the prescription diet drug Meridia and had a heart attack. Are there Wisconsin attorneys who represent those injured by the drug?
The technical term for a lawyer who accepts bad drug or medical device clients is a pharmaceutical class action attorney. The Milwaukee, Wis. attorneys at Hupy & Abraham do take class action cases of this type. We strongly believe that big pharma does not do enough to protect the health and well being of those they are supposed to help.
We are aggressive in our defense of patient rights and believe that too often drugs meant to help actually harm. The prescription diet drug Meridia is the latest example of this. If you have suffered a heart attack while taking Meridia, you are not alone. The New England Journal of Medicine recently released a study that shows that the drug significantly increases the risk of non-fatal heart attack or stroke in some users of the drug. The FDA will soon review the safety of Meridia.
Though we are glad to see that the FDA is reviewing the safety of Meridia, we know that users of the drug are still being harmed. If you are taking Meridia, please speak with your doctor. If you believe that Meridia caused a stroke or heart attack in you or a loved one, please contact an attorney at Hupy & Abraham today for your free consultation.
I was hurt during a motorcycle accident in Wisconsin but was not wearing a helmet. Will this affect my chances of winning my personal injury case?
The fact that you were not wearing a helmet may not affect your motorcycle accident case. The helmet law in Wisconsin only applies to those holding an instructional permit and those under the age of 18. Though the defense might want to argue that your choice to not wear a helmet affected the severity of your injuries, our attorneys have been able to prove fault again and again; even when the rider was not wearing a helmet. Please do not hesitate to contact your Milwaukee motorcycle accident attorneys today for your free consultation. We have successfully represented thousands of injured motorcyclists and fight everyday for the rights of riders.
What constitutes a wrongful death case in Wisconsin, Iowa, or Illinois?
A wrongful death case is any death caused by the fault or negligence of someone else. This is true not only in Illinois, Wisconsin, and Iowa but across the nation. If you believe that a sibling, parent, child, or spouse has died and someone's action, or inaction, caused the death, you may be able to bring a wrongful death suit against this person or business.
A wrongful death case is about more than compensating you for your devastating loss; it's about ensuing that the guilty party is brought to justice, and that future accidents and deaths are avoided.
The following list will give you an overview of the more common types of wrongful death cases:
- Car or traffic accidents. Distracted and drunk drivers must be held accountable for their actions. These drivers cause thousands of injuries and deaths each year.
- Medical error. Medical errors that can cause a death include a bad or dangerous drug, failure to diagnose medical conditions, and surgical errors. Mistakes made by doctors and other medical professionals can cost patients their lives.
- Workplace injuries. On-the-job injuries can be serious enough to kill or disable a worker. If a foreman, manager, or business owner did not work to prevent an accident, a wrongful death claim can be filed.
- Product liability. When a dangerous product injures or kills, there is a breach of trust on the part of the manufacturer. A wrongful death case of this type is very important, as the manufacturer must be prevented from causing further injury and death.
When you are ready to speak with an attorney about the death of your loved one, please contact an attorney at Hupy and Abraham. We have the compassion and the experience to help you through this difficult time.
What should I do after a car crash in Wisconsin?
A car accident in Wisconsin is not very different from a crash in any other state. Though the basic steps are the same, we do urge you to speak with a Wisconsin attorney who has experience in the state after seeking medical attention. Please read our checklist to ensure that you have followed the proper steps after your accident.
- Attempt to stay calm and survey the damage to your body. By assessing the injuries of those around you and yourself, you will be better able to help emergency personnel when they arrive on the scene.
- If you are able, be sure to file a police report. Even if the damage seems minor, a police report can protect you and be used if you choose to file suit against the other driver.
- DO NOT discuss the accident with anyone other than the police. If you talk about the crash to witnesses, the other driver or the insurance company, you may accidentally implicate yourself and be held responsible for the accident. This can occur even if you were NOT at fault. Others may twist your statements and hold you liable.
- If possible, write down every piece of information you can think of. Addresses, phone numbers, insurance information, names and numbers of witnesses, a description of the other car and its license plate number may all be crucial pieces of information. If you think it may be important, write it down.
- Call your insurance agent. Though we advise not speaking with the other driver's insurance company, it is important that you call your agent right away.
- As soon as you and your passengers are safe and have been treated for any injuries, please contact the experienced personal injury attorneys of Hupy and Abraham. An attorney will help you avoid mistakes with the insurance company and will ensure that you are compensated for any losses, property damage and medical expenses.
How can I learn more about my rights as a rider in Wisconsin?
What are your rights if you are pulled over while riding your motorcycle? Does Wisconsin law do anything to protect the rights of riders? Are motorcycle checkpoints even legal?
As riders ourselves, the attorneys at Hupy & Abraham have been working tirelessly to answer these questions and defend riders when their rights have been violated. A New Year's workshop by our lead investigator, Tony "Pan" Sanfelipo, attempted to clear up these issues and more. Tony, along with all of us at Hupy & Abraham, are concerned that traffic stops are not the right way to ensure the safety of riders, but instead an excuse for police to meet quotas and harass the rider community.
If you believe that your rights as a rider have been violated or that you have been harassed by the police, please do not hesitate to contact your Milwaukee motorcycle rights attorney at Hupy & Abraham for your free consultation.
What is the most important thing I can do to make my slip and fall case as successful as possible?
In order to have the best chance at winning your slip and fall case, it is necessary to identify the dangerous condition or hazard that caused you to fall. Do whatever you can to take photos of the condition that caused your fall. If you or someone nearby has a camera (your cell phone will do), take pictures. If you are not able to take photographs immediately after your fall, have a family member or friend take pictures of the area where you fell as soon as possible. Ice melts. Other dangerous conditions are many times removed shortly after a fall. It is imperative to take pictures of the scene to preserve evidence of the condition.
Can I be found at fault for an accident just because I was involved?
There is no Wisconsin law that states you are at fault merely for being involved in an accident. Insurance companies routinely try to point a finger at the person who didn't cause the accident, and use the term comparative negligence. Under comparative negligence, the amount you can recover for your medical bills, wage loss and pain and suffering are reduced by any percent you are found at fault for an accident.
The insurance company will try to convince you that you were comparatively negligent for the accident just because you were there. Don't become a victim of this common insurance company tactic. An experienced personal injury attorney who routinely fights insurance companies on these fault issues can expose the flaw in their reasoning and recover a fair settlement for you.
If you've been injured in a car accident understand your rights. Contact us online or call us directly at 1.800.800.5678 for your free consultation.
Download your free "Ultimate Guide For Automobile Accident Victims" fearutig everything you need to know to protect your rights and receive a free settlement.
Can I get a rental vehicle while my car is being repaired?
Often, the simplest way to get you into a rental car is to get a rental through your own insurance policy, if you have rental coverage.
Alternatively, you may pay out-of-pocket for your rental then seek reimbursement from the other insurance company once it completes its investigation.
It is entirely appropriate for the insurance company to provide you with a rental vehicle that is comparable to the vehicle being repaired or totaled, particularly in situations where you require a particular type of vehicle for your job or business.
Be mindful that most collision policies do not allow for endless rental coverage. You are normally allowed to rent a vehicle until your vehicle is repaired, or until the insurance company issues you payment in a total loss situation provided that such coverage is included in your insurance policy. You should inquire about a reasonable extension of the rental if you foresee a delay.
Rental car costs can add up quickly. According to the Insurance Information Institute (III), a vehicle is in the shop for an average of two weeks after an accident. That can lead to rental car expenses of $500 or more. Accordingly, it is important to know your rights and to advocate for your fair recovery.
*Note- In Wisconsin you are responsible for purchasing insurance for your rental vehicle. An at-fault insurance company in Illinois should cover that expense.
You'll also want to download our free "Ultimate Guide For Automobile Accident Victims" loaded with everything you need to know to protect your rights and receive a fair settlement.
What if I owe more on my vehicle loan than my vehicle is worth?
The insurance company is only required to fix your vehicle after a car accident or offer the fair market value for your vehicle in the event your vehicle is a total loss. Fair market value is what you could expect to get for your vehicle if you tried to sell it yourself. Often the fair market value may be less than what you owe on your loan.
If you were fortunate enough to have gap insurance as part of your car's insurance policy, your gap coverage will likely cover the difference between what you owe on your vehicle and what the insurance company says the vehicle is worth.
Unfortunately, those without gap coverage may find themselves still owing on a vehicle after it has been totaled out. This area of the law is not favorable to the accident victim and may seem extremely unfair, particularly to those individuals driving a tried-and-true older vehicle with low resale value.
Have you been involved in a car accident? Contact us online or call us directly at 1.800.800.5678 for your free consultation.