Have Questions for Our Car Attorneys in Milwaukee? We’ve Got Your Answers!

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When you have questions concerning a potential car accident case, Hupy and Abraham will have your answer. Review extensive FAQ page for auto wrecks.

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  • Can an insurance company deny my claim if my child was in car seat that was not right for his age or size according to state law at the time of a car accident?

    Even if your child was in an inappropriate car seat, you may still have a valid insurance claimMore information would be needed to answer your question definitively, but we can tell you that not all claims involving a child who is in the wrong type of car seat should be denied. However, you should be aware that insurance adjusters may try to convince you otherwise and may try to take advantage of parental guilt.

    The Wrong Car Seat Did Not Cause the Accident

    The crash that hurt your child would have happened even if your child had been in the correct car seat for his weight and his age. It was another driver’s negligence—not your child’s car seat—that caused the accident. Thus, liability for the crash should not be shifted to your child or to you.

    That said, it is important to consider whether your child’s injuries were worse because he was not in the car seat required by Wisconsin law. The insurance company, or the defendant, may argue that you should bear the financial responsibility for any part of your child’s injuries that occurred because he was in an incorrect car seat.

    For this reason, it is important to work with an experienced lawyer who can make sure that:

    • There is proof from reputable medical professionals about which parts of the injuries were made worse by the use of the wrong car seat.
       
    • The car seat that your child in was in was truly the “wrong” car set according to state law. The states of Wisconsin, Iowa, and Illinois all have car seat laws that parents are required to follow. However, there are also recommendations put out by other groups such as the American Academy of Pediatrics that are not legally binding. Furthermore, when children are certain weights and ages there may be more than one type of car seat that is legally acceptable.

    Your lawyer will fight hard to make sure that your child gets the fair recovery that he deserves based on all of the facts of the case. Do not trust the insurance adjuster to protect your child’s rights; instead, hire an attorney you can trust to get your child the fair and just recovery that will help him now and in the future.

  • Do I need an attorney if the police report issued after my car accident says that I did not cause the crash?

    A police report may help you get a recovery for your car accident injuries, but you still require legal counselYes, you need a lawyer if you have been hurt in a car accident even if the police report places all of the liability for the crash on another driver. If you fail to talk to an attorney then you may not get the full and fair recovery that you deserve, even with such a favorable police report.

    Here’s Why a Lawyer Is Important

    You need to take action to protect your legal rights because:

    • Police reports are not definitive. Police report on the findings of their accident investigation. The findings that are included in the police report are important and may be considered in the resolution of your claim, but they are not conclusive about the cause of the crash. Other evidence may be considered in settlement negotiations or court cases, and that evidence may be more persuasive than the findings of the police report.
    • Police reports do not initiate settlement talks or court proceedings. The police report may have found the other driver responsible for the crash, but that does not initiate any kind of recovery for you. The police do not have the authority to file an insurance claim or a lawsuit on your behalf. Instead, you are going to have to take the initiative to pursue your own recovery.

    That said, the police report may be influential in your recovery if it is used correctly.

    Request a Copy of Your Police Report and Schedule a Meeting With Your Lawyer

    It is important to know what is in your police report. After a crash, you should request a copy of your police report and you should share the report with your attorney. An experienced lawyer can use the information in the police report to further the investigation into the crash and to anticipate the defenses that may be raised so that you can get the recovery that you deserve.

  • What should I do after a hit and run accident?

    Make sure you know what to do after a hit and run accidentNot only did another driver cause your car accident, but that driver then left you injured at the scene of the crash. The criminal penalties for the driver who left the scene of the crash may be significant, but those potential fines and jail time don’t have anything to do with your recovery. Instead, you are going to have to take specific actions to make sure that you get the recovery that you deserve after a hit and run crash.

    Three Things You Need to Do As Soon As Possible

    Your recovery starts at the scene of the crash and continues until you have reached the maximum possible physical and financial recovery. In order to protect these recoveries, you should…

    1. Call the police. The police will come to the scene of the crash and investigate what happened. They may be able to find the driver who left the scene of the crash based on any damage that was done to your car, your description of the vehicle, or the descriptions provided by eyewitnesses.
       
    2. Call your insurance company. You need to report the accident to your own insurance company. If you have uninsured motorist coverage as part of your insurance policy, then you may be able to recover damages from your insurance company. However, your insurance company may not be willing to provide you with fair compensation without solid evidence and convincing legal arguments about the accident and your injuries.
       
    3. Call an attorney. Whether you end up pursuing a recovery from the other driver or your own insurance company, an experienced lawyer can help you get the recovery that you deserve.

    If you are unable to make these calls yourself, then it is important to have a loved one make them for you. Otherwise, you may miss the opportunity to gather important evidence or you may miss important deadlines. Your ability to recover damages from the other driver or an insurance company may be compromised and you may remain responsible for all of your medical bills, lost income, and other expenses. Don’t let this happen to you. Instead, make the right phone calls and take steps to protect yourself after someone else leaves you injured.

  • How can I recover from a herniated disc after a car accident?

    A herniated disc can have a substantial impact on your lifeAfter a car crash, your recovery can be divided into two different categories: your physical recovery and your financial recovery. It is important to act quickly to protect both your physical and your financial recoveries, but before you can act you need to know what steps you should take.

    Recovering From Your Physical Injury

    If you experience any back pain, numbness, or tingling after a car crash then you should seek prompt medical attention. Herniated, slipped, or ruptured discs can result in a lifetime of pain. Once a diagnosis is made, treatment may include:

    • Oral medications. This could include drugs for pain relief or to treat inflammation.
    • Physical therapy.
    • Chiropractic manipulation.
    • Traction.
    • Injections.
    • Surgery.

    The course of treatment and prognosis is different for everyone who has suffered a herniated disc in a car crash. Some people begin with conservative treatments such as medication and do not need further intervention. Other people may require more invasive treatments, such as surgery, and live the rest of their lives with some discomfort, pain, or disability. As always, you should talk to your doctor about the type of treatment that is right for you and about how long you should expect each type of treatment to last.

    Recovering From Your Financial Injury

    As you know by now, a herniated disc can have a substantial impact on your life. You may be unable to earn an income, to take care of your family and home, or to do the things that you enjoyed prior to the accident.

    If someone else’s negligence caused your crash and your resulting injury, then you deserve to be compensated for all of these losses and for your past, current and future medical expenses. However, in order to make a fair recovery, you will have to fight for it. You will need to negotiate a settlement with the insurance company or be successful in court, but you don’t have to do it alone. Instead, you have the right to work with an experienced lawyer who will fight for your recovery. Please start a live chat with us now to learn more.

  • What type of doctor should I see if I suffer a concussion in an accident?

    Be selective about the caregivers who treat your concussion or other brain injuryA concussion is a type of traumatic brain injury. Accordingly, it is an injury that you need to take seriously and that you need to get the right treatment for after a car crash or another type of accident.

    Over the past several years, new studies about concussions and concussion treatments have been making the news. There is a growing awareness about this type of head injury and according to Stat, the treatment of concussions is “big business.”

    But Not All Providers Are the Same

    In December 2015, Stat released an article warning people with concussions and their caretakers that concussion clinics are opening around the country and that some of these clinics are staffed by people without expertise in brain trauma. Instead of being staffed with neurologists, neuropsychologists, or other doctors trained in treating brain injuries, some of these concussion clinics are reportedly staffed by orthopedists, dermatologists, chiropractors, and physical therapists. Furthermore, the directors of some of these clinics are marketing themselves as credentialed concussion management specialists. This may be misleading because the credential comes from a private company and not a medical association or board. However, the American Board of Psychiatry and Neurology recently started a program to certify doctors to treat brain injuries.

    See the Right Doctors If You’ve Been Hurt

    While the credentials of the staff at some concussion clinics are troubling, there are legitimate concussion clinics around the country that are staffed with doctors who can help a concussion victim.

    If you or a loved one have been hurt, then it is important to consider a doctor’s…

    • Experience treating people with concussions.
    • Medical specialty. It is important to see a doctor such as neurologist, neurosurgeon, or neuropsychologist depending on your specific injury. Emergency room doctors or your primary care doctor should help you direct you to the right doctor for your injury.

    Your health is too important to compromise. Accordingly, we encourage you to seek the medical attention that you deserve. Right now, your primary concern should be getting better, and finding the right doctors to treat your injury is an important first step.

  • What should I do if the insurance adjuster says he can’t authorize the settlement that I request?

    If the adjuster assigned to your case won’t give you a fair settlement, it’s time for your lawyer to take the leadYou know how much you hurt every single day because of your car accident injuries, but the insurance adjuster does not. You understand the panic you feel about paying your bills when you are out of work because of your car accident injuries, but the insurance adjuster does not. You experience the sadness and emotional stress of no longer being able to fully participate in your family life or personal interests, but the insurance adjuster does not.

    You realize why you asked for the insurance settlement that you did, and the insurance adjuster may too, but he is telling you that he can’t authorize the settlement amount that you requested. Now it is up to you to fight for the recovery that you deserve and here are the ways that you can do it.

    Talk to Someone Else

    This insurance adjuster may be unable—or unwilling—to authorize the settlement that you have requested, but someone else in the insurance company may be able to approve the settlement as long as the settlement does not exceed the insured’s policy limits. Accordingly, you may ask to speak to a supervisor…and you may continue going up the chain of command until you talk to the person who has the company’s authorization to settle your claim for its fair value.

    Stop Negotiating on Your Own and Turn This Over to a Personal Injury Lawyer

    Insurance companies rarely take unrepresented claimants seriously. The insurance company profits by paying out as little as possible in claims. When a claimant is not represented by an attorney the insurance company often tries to settle for less than a fair settlement amount. However, you have the right to work with an experienced car accident lawyer who both understands your legal rights and the nuances of negotiating with insurance adjusters.

    Pursue a Lawsuit

    Sometimes insurance adjusters and others in the insurance company are just unwilling to settle for a fair amount. Many times an attorney can convince them to do so; however, if a fair settlement is not possible, then you should consider protecting your rights in court.

    Your time to file a car accident lawsuit is limited. Do not delay taking action. Instead, take the necessary steps to protect your settlement or court recovery today.

  • Who is at fault for a distracted pedestrian accident?

    It is easy to see the phrase “distracted pedestrian” and to automatically think that the pedestrian who was distracted by a cell phone, a daydream, music, or something else was at fault for the accident and therefore unable to recover damages.

    But That Might Not Be True

    Evidence that the pedestrian was distracted at the time of the accident may be considered when determining who was at fault for a crash. However, the fact that the pedestrian was texting, talking on a cell phone, fighting with a companion, listening to music or was otherwise distracted does not by itself establish liability.

    Instead, an investigation must be done into why the accident occurred. If the pedestrian’s distracted behavior was the only cause of the crash then the injured pedestrian may not be able to recover damages. But, if the evidence shows that the car driver’s actions, or inactions, were at least 50 percent of the cause of the crash, then the pedestrian may be able to recover damages. However, the pedestrian’s recovery may be diminished by the percentage of fault attributed to the pedestrian’s distraction.

    According to the Pew Charitable Trusts, injuries and fatalities due to distracted walkers are increasing. It is a problem that some cities and states are starting to address through education and regulation. However, it is a problem that each individual pedestrian and driver must also address. Please share this frequently asked question on social media so that your friends and followers can be aware of the risk and can learn how to protect their rights if they are hurt in a distracted pedestrian accident.

  • What happens if the police are unclear—or just plain wrong—about who was at fault in an accident?

    The police report on your auto accident may be incomplete or incorrectThe police responded to your accident, investigated the accident scene and issued a report. That report could indicate one of the three things. It could find that you were at fault for the accident, it could find that another driver was at fault for the accident, or it could be inconclusive about who was at fault.

    What the Police Report Means to Your Case

    It is important to get a copy of your police report after a car accident, because police reports are considered by insurance companies, attorneys, and courts. Unless there is evidence to the contrary, the police officer who investigated your accident was trained to do this job and was independent of any of the parties involved in the crash. Additionally, the police officer may have been the only one who was not directly involved in the accident to investigate the accident scene.

    However, sometimes police officers are wrong. If the police report is unclear as to who was at fault or if the police report is incorrect about who was at fault, then you need to take action immediately.

    An Incorrect or Inconclusive Police Report May Be Overcome

    If the police report favors another driver, then you can be sure that that driver’s insurance company is going to rely heavily on the report during settlement negotiations or at trial. In order to prove what really happened and get the recovery that you deserve, you are going to have to do your own investigation and provide evidence that supports your arguments.

    An experienced car accident lawyer can use the legal discovery process and expert witnesses to find out what really happened in your car accident and, if appropriate, to fight for your fair and just recovery regardless of what the police report says. To find out more about how to protect your own rights, please start a live chat with us today.

  • How do I know if a car accident lawyer is trustworthy and ethical?

    Meeting with a prospective lawyer is one way to help decide if you are comfortable with his or her representationWhen you hire a car accident lawyer to represent you, you are putting a lot of trust in that person. You are expecting that your attorney will be ethical, honest, and trustworthy while he or she advocates for your fair and just recovery. If you have not previously hired this car accident lawyer and if you don’t have a personal relationship with the attorney then you may wonder whether you are hiring the right person for the job.

    Five Ways to Really Learn About Your Lawyer

    Many of your questions about your attorney can be answered by...

    1. Getting personal recommendations. Ask your friends, relatives, and colleagues for recommendations. Car accidents are common occurrences and the people you know may have suggestions about attorneys they have used for similar matters.
    2. Setting up an initial meeting. Go in talk face-to-face with an attorney. Most lawyers provide free consultations so you have nothing to lose by going in and getting to know the lawyer personally. Make sure to ask questions of your potential lawyer so that you can get all of the information you are seeking.
    3. Seeing if there are any bar complaints against the individual. Contact your local bar association and see if any grievances or complaints have been filed against the lawyer and, if so, what the issue was and how it was resolved.
    4. Doing an Internet search. Lots of information about anyone—including a lawyer—may result from a simple search online.
    5. Looking at review sites. You can read the testimonials on the lawyer’s website and go to independent review sites, such as AVVO.com, to learn more about an attorney.

    It is recommended that you take more than one of the actions above and that the actions always include a free initial consultation. Then, you can make an informed decision that could help you get the fair and just recovery that you deserve after being injured in a car accident.

  • Can a car accident cause a brain injury?

    Head trauma from an auto crash may inflict a brain injuryYes. Motor vehicle accidents, including car crashes, are one of the leading causes of traumatic brain injuries in the United States. Since most of us travel by car at least some of the time, it is important to be aware of the risk of brain injury so that you can identify the symptoms of an injury and promptly get the help that you need if you are hurt.

    How Car Accidents Lead to Brain Injuries

    Car crashes can result in many different kinds of traumatic brain injuries. Often, these injuries occur for one of the following reasons:

    • The force of the collision causes the brain to collide with the skull bone. This may result in a closed head brain injury where the brain suffers trauma without any penetration. Instead, the violent shaking that occurs during the collision causes the brain to be hurt. Dangerous brain swelling is possible. The exact prognosis will depend both on the force of the collision and the part of the brain that was hurt.
    • The collision causes the person to hit his or her head on the dashboard or another object. The damage done by this type of direct impact brain injury will also depend on the force of the collision and the part of the brain that was hurt.

    Any headaches, pain, sensory changes such as vision or hearing problems, cognitive problems, loss of consciousness, or other symptoms of a traumatic brain injury should be immediately reported to a doctor.

    What to Do If You or a Loved One Has Been Hurt

    Your doctor will diagnose your brain injury and discuss your treatment options with you. You should be prepared for extensive medical expenses and lost income. Brain injuries may require long recuperation times, and they can result in lifelong disabilities. Thus, if your brain injury was caused by someone else’s negligence in a car crash then you should also take action now to protect your legal and financial recoveries. Please start a live chat with us now to learn more.