Frequently Asked Questions About Personal Injury Cases

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It can be overwhelming to be hurt in an accident. Many people have similar questions and we’ve created a section of our website that answers the most frequently asked questions we hear. We invite you to browse the questions and answers to learn more about your own claim.

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  • How much does it cost to hire a personal injury lawyer?

    If you’ve been hurt in an accident or if your loved one has been killed by someone else’s negligence, then you may be worried about money. Your medical bills or your loved one’s funeral expenses may be adding up while you, or your loved one, are unable to work.

    Financial Worries Should Not Stop You From Contacting a Personal Injury Lawyer

    The legal team at Hupy and Abraham believes that everyone deserves to be represented by an experienced personal injury lawyer regardless of his or her ability to pay a lawyer. You did not cause the accident that hurt you or that killed your loved one, and you should have every opportunity to make a full and fair legal recovery. Accordingly, our law firm:

    • Provides free consultations. Your first meeting with us is always absolutely free and you have no obligation to hire us.
    • Represents clients on a contingency fee basis. This means that there are no hourly fees. Instead, we are paid a percentage of the settlement or court verdict that you receive. We are not paid until your case is completed, and if there is no recovery then there are no legal fees.

    But Are There Other Costs When Hiring A Personal Injury Lawyer?

    Yes, there are costs involved in handling your case. These out-of-pocket expenses include filing fees, copies, transcripts, fees for medical records and bills, and other costs. Hupy and Abraham will advance costs on your behalf, but you are then obligated to reimburse costs when your case is completed.

    It is very important to understand what fees and costs are involved in handling your case and when you are obligated to reimburse your attorney at the time of recovery. We will review all of this with you before you decide to have us represent you. We will answer all of your questions about how much it will cost you to hire us and about the benefits that we can provide to you.

    Your time to file a personal injury case is limited. Accordingly, we invite you to contact us online at any time for more information or call us directly at 1.800.800.5678 to schedule your free, no-obligation consultation.

  • How long do I have to file a medical malpractice case in Wisconsin?

    There is limited time to file a claim for medical malpractice in WisconsinEach state, including Wisconsin, limits the amount of time that a medical malpractice victim, or his survivors, has to file a medical malpractice lawsuit. The deadline is known as the statute of limitations. It is meant to provide certainty to doctors, hospitals and other potential defendants so that they know what to expect and it is meant to encourage victims to bring cases while evidence is still available and legal damages can still make a difference.

    Wisconsin's Medical Malpractice Law

    Wisconsin law allows a victim to bring a medical malpractice lawsuit within:

    • Three years of the act, or failure to act, that resulted in the injury.
    • One year of the date on which the injury was discovered or reasonably should have been discovered.

    The law allows the victim to use either one of the above standards, but not both. If these standards result in different deadlines then the standard which would apply is the one that provides the most time to the medical malpractice victim.

    Generally, a medical malpractice claim may not be filed more than five years after the act, or failure to act, that resulted in an injury—even if the medical malpractice injury was not discovered within that time.

    However, certain exceptions to the statute of limitations may apply. For example, medical malpractice victims who were minors or legally incompetent at the time of their injuries may have the statute of limitations extended.

    If you fail to take action before the statute expires then you may lose your right to recover damages forever. Don’t let this happen to you. Instead, contact us today or call us directly at 1.800.800.5678 to schedule your free consultation and to make sure that your rights are protected.

  • What damages can I expect in a brain injury settlement or lawsuit?

    With a brain injury case, you can seek compensation for several types of lossEvery case is different. The amount of damages that you are able to recover in a brain injury settlement or lawsuit will depend on numerous factors, including:

    • Your unique injuries. Damages will be based on the specific side effects of your brain injury and how they impact your life.
    • The expenses you’ve incurred as a result of the accident. Your loss of income, medical expenses, and other costs may be recovered.
    • Who was at fault for your accident. If you bear any responsibility for the accident or your injuries, then your recovery may be reduced.
    • How you pursue your recovery. In most cases, people who are represented by experienced attorneys recover more in settlements or lawsuits than those who chose to represent themselves.

    While the amount of damages will differ, the types of damages that you might be able to recover in a brain injury lawsuit are similar.

    The Types of Damages Possible In A Brain Injury Lawsuit

    The specific types of damages that you may be able to recover in a settlement or lawsuit include your past, current, and future…

    • Medical expenses. This includes everything from surgeries to rehabilitative therapies to medications.
    • Lost income. This may include wages, benefits, or income you are unable to earn from clients or customers.
    • Out-of-pocket costs. Do you need help around the house, caring for yourself, or caring for your family? These and other out-of-pocket expenses may be recovered.
    • Physical pain and emotional suffering. These may be among your most significant damages and may be recoverable in a lawsuit.

    Any other specific expenses may also be recoverable. To protect your fair recovery, please start a live chat with us today or contact us online. You can also call us directly at 1.800.800.5678 to schedule a free, no-obligation consultation with you to discuss your rights and possible recovery with you.

  • What should I expect if I pursue a brain injury lawsuit?

    The legal system is where you can seek justice and fair compensation for your brain injuryYour life has been changed by someone else. Someone else’s negligent actions—or inactions—caused an accident, which in turn caused your brain injury. You are already suffering enough from the physical and emotional consequences of your injury.

    You May Suffer Financially Unless You Take Action Regarding Your Brain Injury

    Neither the person who hurt you nor his insurer is unlikely to provide you with fair financial compensation for your brain injury unless you pursue a legal recovery. If you hire an experienced personal injury attorney to help you pursue a fair recovery, then you should expect that your attorney will:

    • File a complaint in court. This is the official start of your brain injury lawsuit.
    • Gather evidence during the discovery phase of your lawsuit. This may include things such as depositions, interrogatories, and requests for production of documents.
    • Negotiate with the insurance company. Settlement negotiations may continue after a lawsuit has been filed.
    • File the appropriate motions in court and prepare for trial. Your legal rights will be protected so that you can have your day in court if a settlement cannot be reached.
    • Fight for your fair and just recovery throughout litigation. This may include damages such as past and future medical expenses, lost income, pain, suffering, and other costs.

    Filing a lawsuit does not have to take a lot of your time and should not cause additional stress. Instead, you can be assured that someone is fighting for you and protecting you while you focus on your physical recovery.

    You’ve suffered enough. Do not let uncertainty or fear keep you from pursuing justice. Instead, start a live chat with us today, contact us online or call us directly at 1.800.800.5678 to schedule a free, no-obligation consultation with one of our experienced lawyers. Let's protect your future.

  • How can a brain injury result from medical malpractice?

    Brain damage caused by a medical mistake can require emergency care, even surgeryYou sought medical attention to ease your pain or to cure your condition. You never expected that your decision to get medical care would result in traumatic brain injury that would greatly impact, and perhaps even threaten, your life.

    Brain Injuries Can Occur When Medical Providers Are Negligent

    Generally, traumatic brain injuries that are caused by medical malpractice occur in one of two ways. A traumatic brain injury may be the result of:

    • Hypoxia, or lack of oxygen to the brain. This may occur when a doctor fails to diagnose or fails to treat a medical condition or when there is an anesthesia error.
    • Chemical damage. Typically, chemical damage occurs when a patient accidently receives too much of a medication or when a dangerous combination of drugs is provided by mistake.

    If you have suffered a brain injury because of medical malpractice, or your loved one has died because of such an injury, then it is important to know more about your legal rights.

    You May Be Able to Recover Significant Damages Following Your Brain Injury

    If a medical provider’s negligence caused your brain injury then you may be able to recover for your past, current and future medical expenses, lost income, pain, suffering, and other damages. However, you will first have to prove that medical malpractice was the cause of your brain injury, and you will have to establish the amount of your damages. This may require complicated evidence and convincing arguments either in settlement negotiations or in court. If you would like help protecting your rights, then we encourage you to talk with our experienced medical malpractice brain injury lawyers.

    Contact us online or call us directly at 1.800.800.5678 for a free, no-obligation consultation.

  • 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.

  • 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.

  • 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.