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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 happens if I settle my car accident case now and then my future medical bills are higher than I anticipated?
You should expect that your car accident settlement will be all of the compensation that you will ever receive for your car accident injuries. The insurance company will insist that the terms of the settlement agreement indicate that you are prevented from seeking additional compensation later, even if your medical bills are higher than anticipated. Thus, if you settle your claim now and your future medical bills are higher than you thought they would be, then you will be responsible for paying those bills.
Don’t Settle Too Quickly
It isn’t always possible to accurately predict the future. However, your future medical bills will become easier to anticipate as you go through treatment for your injuries. There is not a standard amount of time after an accident by which every accident victim will know his or her future medical costs. Instead, the amount of time it takes to have an accurate idea about future medical costs is unique to each accident victim.
Your doctor or team of doctors will determine your future medical needs. Once they are comfortable making these projections then your attorney will work with them and other experts to determine the cost of such future medical expenses. Until this can be done, it is too soon to settle your car accident claim.
Don’t Settle Without a Thorough Understanding of Your Rights
It is also too soon to settle your claim if you don’t have a complete understanding of your rights and of the settlement document you will be signing. You need to be sure that your future recovery is protected, just as your past and current expenses are covered.
For more information about what you may be able to recovery in a car accident case, please download a FREE copy of our book, The Ultimate Guide for Automobile Accident Victims, and please call us today to schedule your free consultation with an experienced attorney.
What formula do you use to determine damages in a medical malpractice case?
There is no formula where you can simply plug in numbers and come up with an accurate estimate of medical malpractice damages. That is because every instance of medical malpractice is different and every victim of medical malpractice is unique. A formula could not accurately identify the potential damages of each individual medical malpractice victim and, thus, does not provide you with useful information if you’ve been hurt or your loved one has been killed by medical malpractice.
Factors That Are Relevant to Medical Malpractice Damages
Some of the factors that are relevant to the amount of damages that you can recover in a medical malpractice case include:
- The quality of the evidence that is available about the malpractice.
- Your willingness and ability to negotiate with medical malpractice insurers.
- The insurance company’s willingness to treat you fairly.
- Your medical condition prior to the medical malpractice.
- Your medical condition, prognosis, and life expectancy now.
- Your age.
- Your pain.
- Your income prior to the medical malpractice.
- Your income now.
- Your medical costs.
- Your emotional suffering.
Of course, this list is not all-inclusive and it is impossible to put a universal dollar figure on it that would apply to every medical malpractice victim.
How to Get an Accurate Estimate of Medical Malpractice Damages
While a formula would not give you an accurate estimate of your medical malpractice damages, there is a way to get such an estimate. You have the right to sit down with an experienced medical malpractice lawyer to discuss the unique aspects of your case and your damages.
Contact us online or call us directly at 1-800-800-5678. Your initial consultation is free and may provide you with useful information about whether or not you should pursue a claim for medical malpractice.
I suffered from a dislocated shoulder after a slip and fall accident in Green Bay. What are the ways a dislocated shoulder is treated?
A slip and fall accident can cause a wide range of injuries. One of these is a dislocated shoulder. A dislocated shoulder occurs when the upper arm bone pops out of the cup-shaped socket near the shoulder. A dislocated shoulder can be extremely painful.
It is important that a dislocated shoulder be properly treated. If the injury is not properly treated, it is very likely that complications may arise. Not taking care of the dislocation in the right way makes the shoulder much more susceptible to nerve damage as well as re-injury.
Many victims are not aware of what it takes to properly treat a dislocated shoulder. It is important that you are knowledgeable on treating a dislocated shoulder.
Four common ways a shoulder that has been dislocated will be treated are:
- Closed reduction. A doctor may try to gently maneuver the shoulder bones back into their proper position. The process of doing so is called closed reduction. Once the shoulder is back in place, the severe pain associated with the dislocation is reduced.
- Surgery. Some instances of dislocation may need to surgery to properly fix it. This is most often used for those with a weak shoulder joint or ligaments and those who tend to have recurring dislocations.
- Immobilization. The doctor may want to immobilize the shoulder. This is done with a special splint or sling. The shoulder may be immobilized anywhere from a few days to three weeks.
- Rehabilitation. After the shoulder splint or sling is removed, the doctor will likely suggest rehabilitation. There are special ways to rehabilitate the range of motion and strength of the shoulder.
Will my kids have to testify if I bring a wrongful death lawsuit against the driver who killed my husband in a recent Milwaukee car accident?
It is unlikely that your children will have to testify if you bring a Wisconsin wrongful death lawsuit against the driver who killed your spouse in a Milwaukee car crash. Your Milwaukee wrongful death lawyers are going to work hard to settle you case before trial. If a fair and equitable settlement can be reached then there will be no need for anyone to testify.
Generally, your Milwaukee wrongful death attorneys will advise you to settle your case if an agreement can be reached that adequately compensates you for your spouses’s medical bills resulting from the accident, funeral expenses, lost income, out-of-pocket costs, your spouses’s physical pain prior to death, and for the emotional suffering of you and your children.
While it is unlikely, there are some circumstances where your children may need to testify, assuming they are old enough to do so. For example, if the case does go to trial and your children witnessed the accident, then they may need to testify. They may also need to testify about how much their parent meant to them.
We know that, above everything else, you want to protect your children. Our Milwaukee wrongful death attorneys will do everything that we can to help you do just that. For more information, please contact us online or call us directly at 1-800-800-5678 to learn more about how we may be able to help your family during this difficult time.
I am suffering from metal poisoning after a hip replacement. What kind of compensation can I expect from a Wisconsin hip replacement injury lawsuit?
Until recently, metal-on-metal hip replacements were considered more durable than implants made with ceramics or plastics. They were often recommended for younger, more active patients because they would last longer.
Unfortunately, as the parts of the metal joint rub together, metal dust is released. These joints are made of a cobalt-chromium alloy, and both cobalt and chromium are heavy metals and can cause adverse health effects when they accumulate in the body. Cobalt can cause vomiting and nausea, vision problems, heart problems, and thyroid damage. Chromium can cause digestive problems, ulcers, skin rashes, breathing problems, kidney damage, liver damage, lung cancer, weakening of the immune system, and death.
Wisconsin hip implant patients who have suffered from metal poisoning may join a pharmaceutical class-action to seek compensation from the manufacturer of their hip implant. The amount of compensation will depend on several factors:
- The extent of the metal poisoning injury
- How long the victim has suffered from the effects of metal poisoning
- The effect that the hip replacement metal poisoning had on the patient’s physical and mental health or overall well-being
- The pain and suffering associated with the injury or the removal of the hip implant
- How much disfigurement or scarring was caused by the defective implant or its removal
- The amount of any past or future medical expenses associated with the metal-on-metal hip implant
- Any lost wages or loss of earning capacity due to the defective hip replacement
Compensation for hip implant metal poisoning may include payment for past and future medical expenses, lost wages, lost earning capacity, and pain and suffering.
The Wisconsin personal injury attorneys at Hupy and Abraham help victims of hip replacement injuries to protect their rights with pharmaceutical class action lawsuits against companies like DuPuy and Johnson and Johnson. To learn more or discuss your own claim, contact us online or call us directly at 800-800-5678. The initial consultation is free.
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 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.