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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 loved one was killed in an accident. Who will pay for the medical care he received from the time of the accident until his death?

    A wrongful death claim can recover the medical expenses from a fatal accident

    If your loved one had survived the motor vehicle crash, slip and fall accident, or other negligent or intentional action that led to his death, then he may have been able to recover his medical expenses in a personal injury lawsuit. His estate should not be left with the burden of those medical expenses if the crash or accident was so significant that it led to his death.

    Don’t Let the Medical Bills Become a Problem

    If your loved one did not die right away, then he likely incurred medical expenses between the time of his accident and the time of his death. These medical expenses were a direct result of the accident and were incurred because doctors had the intent to either help him survive or relieve his pain. Your loved one’s medical insurance may have covered some of these costs. However, your loved one may have had outstanding copayments or deductibles, things that were simply not covered by his plan, or he may have not been insured at the time of his death. Accordingly, his estate is now stuck with the bills.

    A wrongful death lawsuit can help protect the value of the estate and the ultimate payment to the estate’s beneficiaries. If you file a wrongful death case, then the other driver’s insurance company may be responsible for paying your loved one’s medical costs that were directly related to his accident injuries including, but not limited to:

    • Surgeries.
    • Medications.
    • Hospitalizations.
    • Doctors’ visits.
    • Rehabilitation therapies.

    The recovery of medical expenses, like all wrongful death damages, is going to require you to submit evidence of the cost. Medical bills, proof of payment, and other documentation will be important and should be shared with your wrongful death lawyer as soon as possible. If you need an experienced and empathetic attorney to help you through this difficult time, please feel free to contact us at any time via this website or by phone.

  • Is it possible to make a financial recovery for pain and suffering in a Wisconsin wrongful death case?

    You can recover pain and suffering damages through a wrongful death lawsuit

    Yes, Wisconsin law allows you to recover for pain and suffering in a wrongful death case. Your loved one’s physical pain and emotional suffering from the time of the accident until death and your family’s emotional suffering since your loved one’s death are the most personal and among the most important types of damages that you can recover.

    What Wisconsin Law Allows

    In Wisconsin, it is possible to pursue a full recovery of monetary damages and also damages for:

    • Loss of society and companionship to the spouse, children, or siblings (if they are minors) of the person who died. The law caps these damages at $500,000 for the death of a child and $350,000 for the death of an adult.
       
    • The pain and suffering of the person who died. This is known as a survivorship claim and it may include compensation for the physical pain and emotional suffering that the person suffered from the time of the accident until the time of death. There are no statutory caps on survivorship damages.

    If you are pursuing a survivorship claim or seeking damages for loss of society and companionship, then you are going to have to prove the amount of these significant, personal, and hard-to-value damages.

    Don’t Do This Alone

    The defendant’s attorney is going to work hard to minimize your recovery of these non-economic damages. The lawyer may try to frame your relationship with the person who died in an unflattering way and make little of the emotional suffering you are feeling now or the pain that your loved one suffered prior to death.

    As with any type of damages, you are going to need evidence to get the compensation that you deserve. While there aren’t bills to submit or invoices to point to, there are ways to prove loss of society and companionship and survivorship claims.

    Our experienced Wisconsin wrongful death lawyers will fight hard for your fair recovery of all damages related to your loved one’s death. We will gather the relevant evidence and make strong arguments so that you can be compensated in court or through a settlement agreement. To learn more, we encourage you to contact us at any time to schedule a free, confidential, no-obligation consultation.

  • Who has the right to be part of a pharmaceutical class action case in Iowa?

    Iowa law will determine whether you have standing to file an injury claim for a bad medication

    Before you put any energy into pursuing a legal recovery from a pharmaceutical company, you need to know whether you have standing to be a plaintiff in a pharmaceutical injury case.

    What Is Standing?

    Standing means that you have the legal right to bring a claim in an Iowa court.

    Generally, you will have standing if:

    • You were physically injured by the medication or medical device.
    • You are the legal guardian of someone under the age of 18 or someone whose guardianship has been determined by the court and that person was physically injured by the medication or medical device. In this case, you would have standing to bring a lawsuit on that person’s behalf.
    • You are the administrator of an estate and the person who passed away died because of the mediation or medical device. In this case, you have standing to bring a lawsuit on behalf of the estate.

    You do not have standing to sue simply because you could have been hurt or you were afraid of being hurt. Instead, you must prove that you have suffered specific and actual injuries.

    What Happens If You Don’t Have Standing?

    If you file a lawsuit and you don’t have legal standing, then the defendant has the right to file a motion to dismiss with the court. That motion would claim that you lack legal standing to bring a lawsuit. If the defendant’s legal team is correct in its interpretation of the law, then the judge will grant the motion and your case will be over. You will have gone through the effort of bringing a case and you will not recover any financial damages for your efforts.

    Thus, it is important to determine whether you have standing before you take action. To learn more about how pharmaceutical class action cases work in Iowa, please browse our website or contact us at any time to schedule your free, no-obligation consultation.

  • How long do I have to file a lawsuit after a medicine or medical device leaves me injured?

    Time is very limited to file a pharmaceutical injury claim in Iowa

    Your time to file a lawsuit is limited. Each state, including Iowa, has what is known as a statute of limitations. This law explains how long you have to file a claim. If you fail to file your case before the statute of limitation expires, then you may be unable to recover damages.

    What Does the Law Say?

    Iowa Code §614.1(2) provides people who have suffered a personal injury with two years to file a lawsuit. Typically, the statute of limitations begins running on the date that the injury occurred.

    There Are Exceptions

    As with most legal rules, there are exceptions to the statute of limitations. You may have more than two years from the date on which the injury occurred if:

    • You could not have reasonably discovered that you were injured on that date. Some injuries from defective pharmaceutical products are not immediately apparent. In these cases you wouldn’t know that you were hurt until you started to exhibit symptoms of illness or injury. If this applies to you, then your two-year time limit to file a case begins when you knew, or should have known, that you were hurt.
    • You were a minor (under the age of 18) when you were hurt. If your parent or guardian failed to take legal action on your behalf then you have either two years from the date of your injury or until your 19th birthday to take action.

    What If You Don’t File Within the Required Time?

    If you file your case in court after the statute of limitations has expired, then you can expect the experienced attorneys for the pharmaceutical company to motion the court to dismiss your case. If the judge agrees that the time for filing a case has expired, then your case will be dismissed and you will be unable to recover any damages—regardless of the significant injuries that you suffered.

    Accordingly, it is important to understand how an Iowa pharmaceutical class action case works as soon as possible. Please browse our website or start a live chat with us today to learn more and to make sure that your rights are protected.

  • Do I have the right to file or join a class action pharmaceutical lawsuit?

    Illinois law restricts who can file a pharmaceutical class action lawsuit

    You have the right to file a lawsuit—also known as standing to file a lawsuit—if one of three things is true. You may pursue a case if:

    1. You are the person who was injured by a pharmaceutical manufacturer’s defective product or the marketing company’s failure to warn you of the side effects.
    2. You represent the estate of someone who died because of defective product or failure to warn.
    3. You are the legal guardian of someone under the age of 18 who was hurt by a defective product or failure to warn. In this case, you would be pursuing a lawsuit on the minor’s behalf.

    It is not enough to be scared about potential side effects or to be inconvenienced and have to change medications. Instead, you typically need a physical injury in order to pursue legal action in Illinois.

    Who Is the Named Plaintiff?

    In class action cases there are typically one or more plaintiffs designated as the lead plaintiffs in the case. The plaintiffs have their names in the name of the lawsuit. In Illinois, you can be a lead plaintiff if you have a valid cause of action on your own and if your interests represent the interests of the class.

    How to Get Started

    If you believe that you have standing to sue and you want to pursue justice as the lead plaintiff or as part of a class of plaintiffs in a pharmaceutical class action case, then your first step should be to contact an experienced pharmaceutical class action lawyer. You must file your case before the statute of limitations expires and in accordance with all court rules. An attorney can help you do that and can help you get the recovery that you deserve by fighting hard to protect your rights. To learn more about how a class action case works, we invite you to start a live chat with us or to call us to schedule a free consultation at your convenience.

  • How long do I have to file a pharmaceutical class action lawsuit in Illinois?

    Time is limited to file a pharmaceutical class action lawsuit

    In Illinois, the statute of limitations in a class action case depends on what kind of case is filed. The state statute of limitations is found in the Code of Civil Procedure, 735 Ill. Comp. Stat. 5/13-201. According to this law, you generally have two years to file a lawsuit after a personal injury, such as an injury that might occur after a drug is defectively manufactured or negligently marketed.

    In some cases the statute of limitations may be extended. For example, you may have more time to file a case if:

    • You were under the age of 18 when you were hurt and your parents or guardian failed to take action on your behalf.
    • You did not know, and could not have reasonably known, that you were hurt yet.
    • You were mentally or physically incapacitated.

    If the drug company believes that your statute of limitations period has expired, then it is up to the drug company, as the defendant, to raise the issue and prove that it has in fact expired.

    Statutes of Limitation Issues Can Be Complicated in Drug Injury Cases

    The statute of limitations can become a contested issue in your drug injury case. Accordingly, it is important to understand the general rule and common exceptions to the rule, as described above. It is also important to know that if your case is consolidated into multi-district litigation in a federal court outside Illinois, the Illinois statute of limitations will likely still apply to your case if you originally filed your lawsuit in our state.

    If the defense successfully argues that the statute of limitations expired before you filed your case, then you will not be able to recover damages for your injuries. Thus, you need to take action quickly and you need to be sure that your rights are protected. Call us anytime or start a live chat with us at your convenience and let us help you protect your legal rights and potential recovery after a medication or medical device injury. We would be pleased to explain how a pharmaceutical class action case works and to provide you with a free consultation.

  • What information should I share with a pharmaceutical class action lawyer?

    Share with your lawyer as much information as you recall about your drug or medical device injury

    You should share as much information as possible with your lawyer. The more that your lawyer knows about the medication that you took, the side effects you suffered, and the impact of those side effects on your life, the better.

    Start by Sharing What You Share With Your Doctor

    While the reasons for describing your symptoms may differ—and although the help offered by a doctor and Milwaukee prescription drug injury lawyer definitely differs—the symptoms that you should describe to both your doctor and your lawyer are the same. You should describe everything that you are experiencing since you began taking the prescription medication, and you should be specific about how those symptoms have impacted your ability to work, to go about your daily living activities, and to do the things you enjoy.

    Your attorney needs to understand the symptoms that you are experiencing so that your attorney can advise you about your legal options. Patients who become plaintiffs in class action cases share common injuries from the same drug manufactured by the same pharmaceutical company. In order to determine if you are eligible to join the class of plaintiffs and to secure your potential recovery, your lawyer needs to understand what happened to you as a result of taking a specific medication.

    If you are unsure about whether to share something with your lawyer, you should go ahead and share it. There is no harm in providing more information than necessary, but there is a significant risk to not providing enough information. Additionally, you should be prepared to answer all of your lawyer’s questions.

    For more information about what to do if you suffer health consequences from a prescription drug, we encourage you to contact our experienced drug injury lawyers to learn about how pharmaceutical class action cases work. We can be reached via this website or by phone at 1-800-800-5678 at any time.

  • Can I recover damages if I was hurt by a generic drug?

    Compensation is possible for injuries caused by generic drugs

    The law concerning your recovery for pharmaceutical injuries is more complicated when you are suing for a generic drug then when you are suing for injuries caused by a name-brand medication.

    Currently, federal law requires that manufacturers of generic drugs identify their products with labels that meet the same standards as the comparable brand-name drug.

    In June 2013, the United States Supreme Court held that this law prevents a person who was injured by a generic drug from recovering damages pursuant to a state design-defect law. In other words, generic drug manufacturers must follow federal laws with regard to labeling—even if their product is unreasonably dangerous because the label fails to provide adequate warnings to users about risks or side effects of the medication.

    How Is That Fair?

    There are many people who believe that preventing generic drug manufacturers from changing warning labels (along with the protection they get from potential lawsuits) is unfair. In November 2013, the FDA proposed a new rule that would allow generic drug manufacturers to update their warning labels when they have new safety information about their medications. If adopted, the rule could put generic drug makers at increased risk of facing failure to warn lawsuits and pharmaceutical class action lawsuits for harm done to patients. Not surprisingly, many generic drug makers are opposed to the rule. As of November 2016, a final rule has not been issued.

    If You’ve Been Hurt, Then You Need to Know More About Your Rights

    If you have been injured by a generic drug, then it is important to know your rights and to know what you can do to protect your possible recovery. In some cases you may be able to join with other patients who have been injured by the drug that you were taking and you may be able to recover damages. You can learn more about how a pharmaceutical class action case works and about your own rights by browsing our website or by starting an online chat with us today to find out more information.

  • Do I have the right to file a pharmaceutical injury case or to join a pharmaceutical class action lawsuit?

    Not everyone will have the legal standing to sue over a defective medical device or bad drug

    Generally, you have the right to sue a negligent pharmaceutical company if you can prove that:

    • You were hurt by the medication or medical device.
       
    • You are the legal guardian of someone who was hurt by the medication or medical device.
       
    • You are the representative of the estate of someone who has died because of a defective medication or medical device.

    If one of these three things is true, then you may have standing to bring a case for damages against a pharmaceutical company if you can reasonably prove that the pharmaceutical company was negligent in the design, manufacturing, or marketing of the product that hurt you.

    What If You Used the Drug for an Off-Label Use?

    You may be able to join a pharmaceutical class action case even if you took a drug that was approved by the Federal Drug Administration (FDA) for some uses, but not for the condition for which you took the medication. Doctors often prescribe FDA-approved drugs for other conditions that are not included on the label, and pharmaceutical companies sometimes market their medications to doctors for these off-label uses.

    You Should Not Be Left Paying the Price

    Instead, you should be able to recover damages for the harm that has been done to you. You may be able to accomplish this by filing a pharmaceutical class action case if:

    You are one of a class of people who suffered similar injuries from using the drug for the same off-label purpose. You may not know if there is a class of people until you begin to research your legal options.

    The pharmaceutical company marketed the drug for an off-label use or knew that it was being used for off-label purposes and failed to try to stop it. If the pharmaceutical company was trying to profit from the off-label use, or knew or should have known that it was going on, then it could be liable for any harm that was caused by the medication.

    The first step in determining standing is to consult with an experienced pharmaceutical class action lawyer who has done this before and who knows how a pharmaceutical class action case works. For more information, please start a live chat with us now or call us at 1-800-800-5678.

  • How long do I have to file or join a pharmaceutical class action case in Wisconsin?

    Your time to participate in a medical class action has very strict limits

    You ask an important question, because if you miss the deadline by even just one day then you will be unable to recover damages in a pharmaceutical class action case.

    Generally, personal injury cases in Wisconsin must be filed within three years of when you knew or should have reasonably known that you suffered an injury. If the class action lawsuit is filed in a different state court or in federal court, then the time limit specified by the statute of limitations may be different.

    Additionally, specific deadlines for joining an existing class action lawsuit may be imposed and must be met with in order to protect your right to a fair recovery.

    Don’t Wait Until You Are Up Against a Deadline

    There are very good reasons for taking action sooner rather than later and not waiting until you are nearing the statute of limitations or class action deadline to take action. Specifically, by taking action sooner you:

    • Preserve evidence. The sooner you take action, the sooner that evidence can be preserved. This evidence could be important to you as you try to prove your claim in court or reach a fair settlement.
       
    • Begin the recovery process sooner. You can’t recover damages until you take action. Thus, if you take action sooner then you may recover damages and hold the pharmaceutical company accountable sooner.
       
    • Avoid potential costly mistakes. Mistakes are common after pharmaceutical injuries. For example, negotiating directly with a pharmaceutical company can be a mistake that could hurt your recovery. Instead of doing that, you should consult with an experienced pharmaceutical injury lawyer who knows how to protect your rights and recovery.

    To learn more about how a pharmaceutical class action case works in Wisconsin and to make sure that your individual rights are protected, we invite you to reach out to us at your convenience. We are available 24/7/365 through live chat or by phone (1-800-800-5678).