Answers to Commonly Asked Questions About Wisconsin Wrongful Death Accidents and Recoveries

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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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  • When building a wrongful death case in Gurnee, how important is it to have witness testimony?

    Building a case against a defendant can be a difficult task, especially when trying to do it on your own. It is a good idea to get the help of a reputable Gurnee wrongful death attorney. An attorney will be able to help you build a case to get the compensation you deserve for your loss. He will also help you to gather the necessary evidence such as a witness testimony.

    Having a witness to support your claim is very important. A witness testimony can be the key ingredient between a solid or weak case. There are a number of ways in which a witness will help your case.

    Three important ways in which a witness will help your claim are:

    • A witness can explain what happened. Often, there will be an eyewitness to the event that caused the death. This witness will be able to explain in her own words exactly what took place.
       
    • A witness can prove damages. In the accident that caused the death, there may be personal property that was destroyed or ruined. You will be able to recover the damages to the personal property that was damaged. An eyewitness will be able to prove that the property was damaged in the accident. Similarly, expert witnesses can testify to the damage the loss of your family member will inflict on your emotional, social, and financial wellbeing.
       
    • A witness can prove liability. In most cases an expert witness will be brought in to recreate the accident and use his expert opinion to show how the incident caused the death.

    To begin your claim, contact an experienced Illinois wrongful death lawyer at Hupy and Abraham. Call 888-277-4879 to discuss your legal options and to obtain a free case evaluation.

  • How can I keep my teen safe from Wisconsin DUI accidents?

    This is something almost every Wisconsin parent worries about. After all, car accidents are the leading cause of death for American teenagers. In 2011, alcohol was a factor in about 20 percent of Wisconsin teen accident deaths.

    When your teen leaves home to spend the day with friends or go to a party, you want to know that he’ll be coming home safe. You can’t supervise your child every minute, buy you can you help your teenager make smart choices when it comes to drinking and driving. Here are some suggestions from the Madison personal injury attorneys at Hupy and Abraham.

    • Talk to your teen about the risks of drunk driving. Discuss the effects of alcohol and how these effects can impact your ability to react and make good decisions while driving. Remind him that it is illegal to drink before age 21.
       
    • Talk about resisting peer pressure. Role-play possible scenarios where your child may feel that he has to accept a ride from a friend who has been drinking.
       
    • Tell your teen that you are available to provide a safe ride home at any time in any situation.
       
    • Teen will naturally rebel if parents make too many rules. Work together to set the rules for driving and riding with friends. Agree on consequences if the rules aren’t followed.
       

    For more information about preventing teen accidents and what to do after a Wisconsin car crash, visit the library section of this website. If you’d like to discuss a Madison car accident, please call Hupy and Abraham at 888-277-4879. We offer free consultations.

  • What are some of the ways a child may be a victim of a Wisconsin wrongful death caused by poisoning?

    Children are delicate beings. Their bodies respond to the smallest of changes. This is especially true with toxins invading and attacking the body. Children’s small bodies can only handle so much. Unfortunately, poisoning is one of the common causes for child wrongful death accidents.

    When a child is lost, it dramatically affects a number of people. Parents, siblings and their loved ones will experience grief, anger, depression, and confusion as they try to understand how something so horrific can happen.

    Poisoning may cause a child’s death in a number of ways. When it is partially or completely the fault of another party, that person should be held responsible. You can do so by filing a wrongful death claim.

    Some of the common causes for poison related wrongful death accidents in Milwaukee are:

    • Medication. The sensitive body of a child can only handle certain types of medication. Combining certain medications can be extremely dangerous and in some cases may be the cause of a death to a child.
    • Household products. All household products should always be properly labeled and contained in childproof containers. If this is not properly done, a child may access it and ingest or inhale the product, leading to death.
    • Food. Expired, moldy, mishandled, or undercooked food poses a great danger to anyone who eats it. In some instances it may even cause death in a child.

    If you child suffered and died due to a poisoning, you may be entitled to compensation. As hard as it may seem to do, it is important to hold the responsible party accountable. Contact an experienced Milwaukee wrongful death attorney to discuss your legal options. Call 800-800-5678 today to begin your case.

  • What are some examples of chiropractor malpractice?

    Chiropractor malpractice occurs when a patient is injured because a chiropractor did not provide the accepted standard of care within the chiropractic profession. The following examples will demonstrate common types of chiropractor malpractice.

    Failure to diagnosis a medical condition that requires immediate care

    Mr. Brown seeks chiropractic treatment for numbness and tingling in the legs. The chiropractor says his symptoms are caused by compression in the spine and orders ten treatment sessions, the maximum allowed by the Mr. Brown’s insurance. During the course of treatment, Mr. Brown has a fatal heart attack. The doctors at the hospital determine the heart attack was caused by peripheral artery disease, a condition that causes numbness and tingling in the legs. Mr. Brown’s death could have been prevented had he seen a medical doctor and received medication for his condition.

    Like any other medical professional, a chiropractor has a duty to put the patient’s health first. This duty includes a responsibility to recognize the underlying medical condition causing the patient’s symptoms and a responsibility to refer the patient for medical care when it is needed. If a chiropractor fails to diagnose the problem or neglects to make a medical referral, he may be held liable for the resulting injury.

    Lack of informed consent

    Ms. Clark works at a computer and suffers from neck and upper back pain. She visits the chiropractor regularly. At first, the treatments make her feel better, but soon she starts feeling pain radiating down her arm to her thumb and index finger. When it doesn’t go away, she sees a doctor. The doctor says she has a herniated disc that is causing cervical radiculopathy, a possible complication of neck adjustment. Ms. Clark is stunned. She thought her chiropractic treatment was risk-free. She was never told of possible complications.

    Prior to providing any chiropractic adjustments or other care, a chiropractor must inform his patient of all risks associated with the course of treatment. The chiropractor may be liable for malpractice if he does not explain the risks and the patient suffers an injury as a result of the treatment.

    Negligent manipulation of the body

    Ms. Clark is also a victim of negligent manipulation of the body. Negligent manipulation of the body occurs when chiropractic treatment creates new injuries or worsens an existing injury. Injuries associated with chiropractic adjustment include:

    • Herniated discs
    • Broken ribs
    • Fractured vertebrae
    • Nerve damage
    • Pinched nerves
    • Sciatic nerve pain
    • Neck pain
    • Lower back pain

    Pregnant patients may go into earlier labor as a result of chiropractic manipulation.

    Chiropractic induced stroke

    Occasionally, a chiropractor’s manipulation of the neck will cause damage to one of the arteries that carries blood to the brain. This can cause a stroke. There have been hundreds of cases of strokes that have occurred after aggressive chiropractic manipulation of the neck. Experts believe this is an underestimate because few doctors think to ask a stroke victim if he is receiving chiropractic treatment.

    When chiropractic treatment causes an injury, the victim and his family have a right to accountability and compensation. To discuss your Illinois chiropractor malpractice claim, please contact the Bloomington personal injury attorneys at Hupy and Abraham at 866-532-4800.

  • Things are so difficult for my family after the recent loss of my husband in a Wisconsin motorcycle accident. I’m afraid to make things worse. Is it a mistake for me to file a Wisconsin wrongful death case?

    Our Wisconsin wrongful death lawyers understand how many decisions you have to make right now, how confusing things must be, and how you want to do what is right for your family without making things any more difficult or painful than they are right now.

    However, we believe that the mistake you may be most at risk of making is not filing a Wisconsin wrongful death case. If you fail to file a wrongful death case within the Wisconsin wrongful death statute of limitations, then you likely forever forego your right to compensation. That means that nobody will pay you for your loved one’s medical expenses prior to death or for his funeral expenses. No one will compensate you for the income that your loved one can no longer contribute to the family. Nobody will have to pay for the pain and suffering that you and your family are going through.

    Our lawyers will not advise you to file a wrongful death case if we think that it is a mistake. However, we will advise you to file such a case if we think that it can benefit you or your family. Please call us today at 800-800-5678 today to learn more and to schedule a FREE consultation with an experienced and compassionate Milwaukee wrongful death lawyer.

  • What is the Virginia Graeme Baker Pool and Spa Safety Act?

    Virginia Graeme Baker was a seven-year-old girl and granddaughter of former U.S. Secretary of State James Baker III. Virginia died after becoming trapped on a hot tub drain. Her mother was unable to free her. She was eventually freed by two men. They had to break the drain cover in order to release the girl. But it was too late. Virginia drowned.

    Virginia was a victim of circulation entrapment. Circulation entrapment in Iowa pools occurs when the force of suction from the pool’s circulation pump causes children’s hair or body parts to get stuck to the pool drain. Circulation entrapment can cause drowning, injury, and—in some cases—disembowelment.

    In 2007, President Bush signed the Virginia Graeme Baker Pool and Spa Safety Act into law. The law requires that all public pools install anti-entrapment drain covers and other safety devices to prevent drain entrapment. Between 1999 and 2007, there were 83 reports of drain entrapment accidents, including 11 deaths and 69 injuries. Since the law was passed, there have been 2 drain entrapment fatalities and 32 injuries.

    Children age five to nine are most likely to become victims of swimming pool drain entrapment. If you own a pool, installing a drain cover could save a child’s life. Let your children know that pool drains are dangerous. Never allow a child to play on or near a drain, even if it is covered.

    If your child is injured in an Iowa swimming pool accident, our Quad City personal injury attorneys are here for you. Please contact Hupy and Abraham at 800-800-5678.

  • I will be going to a Milwaukee hospital for scheduled surgery. What can I do to prevent hospital-acquired infections?

    When you check into a Milwaukee hospital, you expect to get the treatment that will make you well. Unfortunately, many people get sicker. About two million hospital patients a year contract hospital-acquired infections; about 99,000 die.

    We think of hospitals as being clean and sterile. The truth is that hospitals are full of people. Sick people carry germs; visitors to sick people carry germs; even doctors and nurses carry germs. And those who are sick or recovering from an injury are especially vulnerable to infection. Seriously ill patients in intensive care units are at the greatest risk.

    According to the U.S. Centers for Disease Control, at least one-third of hospital-acquired illnesses are preventable. These tips from our Milwaukee hospital injury lawyers can help you and your loved ones prevent Wisconsin hospital-acquired infections.

    • Wash your hands often. Bacteria and viruses on the patient’s own body are sources of many hospital-acquired infections. Wash your hands after using the restroom or handling any object that could carry germs.
       
    • Tell sick visitors to stay home. Visitors can brighten you day, but if Great Aunt Hattie has a cold, ask her to stay home. It may be a minor cold, but those germs put you at risk of infection.
       
    • Ask visitors wash their hands. When family and friends visit, insist that they wash their hands.
       
    • Ask your health care providers to wash their hands. Doctors and nurses should wash their hands and put on fresh gloves when they come into your room. If they don’t, ask if their hands are clean. You may feel awkward, but medical care personnel will not be offended; they understand the importance of sterile hands when your health is at risk.
       
    • Pay attention to your surgical site or wound. Your nurse should check your surgical site several times a day, but an extra pair of eyes can help prevent infection. Let the nurse know immediately if the dressing gets wet, dirty, or if it loosens. Tell your doctor about any fever, chills, unusual pain, or other signs of infection.
       
    • Keep your catheter site clean and dry. Tell a nurse if the dressing gets loose or wet or if the catheter is dislodged. Insist that the catheter be removed as soon as you are able to move on your own.
       
    • Provide a full medical history. It is important that your doctor know if you have a have a chronic medical condition such as diabetes that could affect your recovery.
       
    • Follow your doctor’s instructions. Get written instructions for follow-up care before leaving the hospital. Ask questions if there is anything that you don’t understand.

    Not all hospital-acquired infections are preventable, but many are. If you suffered a hospital-acquired infection in Wisconsin, please contact our Milwaukee personal injury lawyers. You may have a medical malpractice claim. To learn more, please contact Hupy and Abraham, at 800-800-5678.

  • I have recently lost a loved one due to a wrongful death in Milwaukee. Who can I talk to about what I am going through?

    If you are like most other Americans, you were probably always taught that talking about your emotional problems is much better than holding them in. As true as this may be, it can be very difficult to open up to someone. Expressing yourself—even to people who are close to you—about what is going is hard after a wrongful death in Wisconsin.

    When you are grieving, it is important to try not to shut down. Most likely, there are people around who would love to be there for you. Opening up to them can help the recovery process after the loss you have sustained.

    If you do not know who to talk to after a Milwaukee wrongful death accident, consider talking to these people:

    • Family and friends. Your family and friends probably knew the person you lost. They will be able to relate to you and share in some of the past memories. They may also be dealing with their own grief due to the loss, which will allow you to help each other.
       
    • Professional. Many times the grief experienced after a death can only be helped through a professional counselor. Mental health care professionals can provide a great outlet for you to discuss your problems in private, while also teaching you ways to deal with the loss.
       
    • Attorney. Many legal issues may arise after a death, especially if it was an untimely death caused by negligence, neglect, or reckless behavior. If you have no knowledge of your legal options, it will be nearly impossible to steer yourself toward justice. An experienced Wisconsin wrongful death lawyer will be able to guide you through the entire process of holding people responsible for the grief they have caused.

    If you have experienced a loss due to the negligence of another, you may be entitled to compensation. Contact a Milwaukee wrongful death attorney at Hupy and Abraham today to discuss your legal options.

  • I heard that one of the common causes for a Wisconsin wrongful death accident in the workplace is a fall. How can I be sure that my employer does not allow this to happen?

    The sudden tragic loss of a loved one is a very traumatic and painful thing. It often leaves the victim’s friends and families in disbelief and sadness. When spouses send their loves off to work, they should never have to go through the agony of not having them return.

    A fall is one of the frequent causes of a wrongful death accident at work. An employer should be taking every step possible to prevent deadly falls from happening. An employer is legally obligated to provide a safe work environment for all employees.

    There are three ways your employer can prevent a fall accident from happening. As an employee you can make sure that your employer is:

    • Planning ahead. Before the work on a project ever begins, an employer should make plans. He should be deciding what it will take to get the job done, what types of tasks the employees will be doing, and what safety equipment it will take to complete it safely.
       
    • Providing adequate equipment. An employer should provide all his employees the right tools and equipment it takes to get the job done safely. Many jobs require workers to be up on ladders, roofs, or scaffolds. Without properly functioning safety equipment, these tasks can be extremely dangerous. Even a fall from a modest height can be fatal.
       
    • Training employees. Not knowing how to properly use the tools and equipment provided can cause a fall. Employers should be training their employees on the safe use of ladders, scaffolds, fall protection systems, and any other equipment they might be using on the job.

    If you have lost a loved one due to a workplace accident, you may be entitled to compensation. Contact an experienced Milwaukee wrongful death lawyer at Hupy and Abraham, to discuss your legal options. Call 800-800-5678 today for a free case evaluation.

  • I recently lost a loved one in a car crash due to an auto defect. Who can be held liable in a Wisconsin wrongful death suit?

    Vehicles are big and dangerous machines. Add the fact that the vehicle can have defective parts and that danger multiplies. Unfortunately, these defects can lead to the death of a driver and passengers.

    It is heart-wrenching to hear of these preventable deaths. If the proper time and care had put into the product, perhaps the death wouldn’t have occurred. When a death occurs due to a defective vehicle there are a number of parties that may be named in a lawsuit.

    Some of the parties that can be held accountable for your Milwaukee wrongful death are:

    • Auto manufacturer. Usually at the heart of the problem is the car manufacturer. The manufacturer is responsible for delivering a vehicle that will be safe for its customers and the public.
    • Parts manufacturer. If the accident is caused by a specific part you purchased, such as a battery or tire, the manufacturer of the parts in question may be held responsible in a claim.
    • Car dealership. The dealership can be held responsible for the damages, even if you were not the purchaser of the vehicle.
    • Middleman. The shipper, or middleman, of the defective parts can be included in a claim. Any party that had ownership of the part—from manufacturer to retailer—may be held liable for injuries that result when the part fails.

    Dealing with the loss of a loved one may seem overwhelming, and the last thing on your mind is a lawsuit. However, an experienced Milwaukee wrongful death lawyer at Hupy and Abraham can help ease the burden. Call 800-800-5678 today for a free case evaluation.