Questions Answered by Timothy J. Deffet

Q: I was involved in a car accident. Both parties have State Farm ins. The other driver received a ticket for running a red

1 Answer | Asked in Car Accidents for Illinois on Mar 11, 2013

Answered on Mar 18, 2013

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Timothy J. Deffet's answer
DO NOT SIGN ANYTHING until you get an attorney. The releases will give them unlimited access to every record, medical, work or otherwise under the sun. If you got into an accident while driving for work, then you may have a work comp claim against your employer and a "third-party" claim against the driver of the vehicle that hit you. You should also make sure you go to court and speak to the prosecutor at the red light ticket court hearing and tell them you are there or else they will dismiss...

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Q: How does work comp know how much you are disabled after surgery?

1 Answer | Asked in Workers' Compensation for Illinois on Feb 15, 2013

Answered on Mar 18, 2013

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Timothy J. Deffet's answer
This is a complicated question. If you are asking in IL how much you will be considered disabled under the law there are many factors. A seasoned attorney will review all your medical records, educational background, job, age and numerous other factors to try to negotiate a fair settlement for you and if there is not a fair offer, to prep you and try the case. Also please take a look at the FAQ section on the IWCC website for some basica. http://www.iwcc.il.gov/faq.htm

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Q: I am in the process of a settlement and my Workers Comp company is saying they are insolvent. What does that mean for me

1 Answer | Asked in Workers' Compensation for Illinois on Mar 15, 2013

Answered on Mar 18, 2013

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Timothy J. Deffet's answer
If you have an IL claim you should contact and IL attorney right away as this is too complicated to be answered in one posting. This is taken from the IWCC website:http://www.iwcc.il.gov/insurance.htm

"What happens if an insurer goes bankrupt?

If an insurance company or a group workers' compensation trust becomes insolvent, the Illinois Department of Insurance, Office of the Special Deputy, takes over the company and performs the receivership duties. Go to the OSD website for...

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Q: Was my settlement fair? I was told I didn't need an lawyer unless I planned to sue.

1 Answer | Asked in Workers' Compensation for Illinois on Jan 31, 2013

Answered on Feb 4, 2013

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Timothy J. Deffet's answer
It is extremely difficult to give you a straight answer because a lawyer needs to review all your medical records, bills, wage, doctors at issue, whether your employer sent you to a fair "IME" which is really a Section 12 DEFENSE doctor exam in Illinois.

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Q: In what cases would lawyers consider taking a case pro bono.

1 Answer | Asked in Adoption for Illinois on Jan 3, 2013

Answered on Jan 31, 2013

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Timothy J. Deffet's answer
Take a look at this list of pro bono clinics.

http://www.ag.state.il.us/about/CHICAGO%20AREA%20LEGAL%20SERVICE%20PROVI...

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Q: My son 24 years old got a DUI do we need a lawyer or should he plead guilty and take his punishment?

1 Answer | Asked in DUI / DWI for Illinois on Jan 9, 2013

Answered on Jan 31, 2013

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Timothy J. Deffet's answer
I would definitely get a lawyer. Sometimes there was no probable cause to arrest, sometimes improper warnings were given before a breath test was given or refused, sometimes evidence is destroyed, sometimes breath test machine has been improperly maintained, sometimes the officer did not perform the field tests properly. Especially a first timer you don't want to just plead out. Let an experienced DUI attorney review it. I,as well as many other attorneys in Illinois could handle it.

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Q: Does my Insurance with my Union,Violate ERISA Laws to cover my partner,in which IL. has a Civil Unions?

1 Answer | Asked in Insurance Bad Faith for Illinois on Jan 24, 2013

Answered on Jan 31, 2013

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Timothy J. Deffet's answer
It is difficult to figure out what exactly you are asking in this question. If you are asking if an IL health plan has to cover your partner, I believe the answer is yes as of June 2011. Look at this pdf from the IL Dep. of Insurance which is a FAQ.

http://insurance.illinois.gov/newsrls/2011/05/CivilUnionsFinal05-25-11.pdf

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Q: Do both parties have agree to go to medation?

1 Answer | Asked in Arbitration / Mediation Law for Illinois on Jan 27, 2013

Answered on Jan 31, 2013

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Timothy J. Deffet's answer
If the Judge orders it behooves you to go. It it usually always a good idea to do a mediation. Arbitration is actually a different thing. Sometimes there is "mandatory arbitration" in Illinois cases which have a certain $ amount claimed.

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Q: Workmans comp settlement offer

1 Answer | Asked in Workers' Compensation for Illinois on Jan 12, 2013

Answered on Jan 31, 2013

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Timothy J. Deffet's answer
Each case is different but I normally counsel clients not to sign any other release when handling comp case. However, you may be getting additional consideration for resigning I don't know. Only you and your attorney know the facts of your case and the reasoning for same. You should have a detailed conversation with your attorney on this. The company wants you off their books so no new injuries at their employ.

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Q: If you had a injury at work but don't need surgery do you still get a settlement?

1 Answer | Asked in Workers' Compensation for Illinois on Jan 22, 2013

Answered on Jan 31, 2013

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Timothy J. Deffet's answer
It depends on whether you can prove the case or not but surgery is not necessary by itself to have a settlement. You never have to get ANY treatment you do not want to get. It is important to note that if you settle your case you usually close out your right to future medical though unless medical remains open. It is worth it to consult with an attorney who handles these. I do this work and many other attorneys in Illinois. They are always free consultations and the attorneys do not get dime...

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Q: I'm getting a work comp settlement in RI also I'm now going into foreclosure can settlement be attached or lien put on i

1 Answer | Asked in Workers' Compensation for Rhode Island on Dec 28, 2011

Answered on Dec 17, 2012

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Timothy J. Deffet's answer
That is a good question. In most states a "lien" cannot be attached to a workers' compensation settlement unless the government (IE Medicare or Medicaid) has paid benefits related to this work comp injury. However, you should consult ASAP with a RI attorney who does work comp.

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Q: I was subpeoned to appear in court on 12/6/12 at noon. I received a phone call that the time was changed to 8:30 at 9:45

1 Answer | Asked in Workers' Compensation for South Carolina on Dec 14, 2012

Answered on Dec 17, 2012

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Timothy J. Deffet's answer
Call the attorney who sent the subpoena and arrange to be there for next date if there is one. Please remember the Court and the attorneys are at the will of other trials and other legal cases beyond their control-never ignore a subpoena. Get in touch with the firm and see if a new date can be given or obey the subpoena. You may not know the context of your testimony-it may have nothing to do with what you think it is. Never lie- I don't think the attorney wants that all that can do is destroy...

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Q: My son was hit while driving my car. Can I sue for property damage, seperately, while he sues for injury expenses?

1 Answer | Asked in Car Accidents for Indiana on Oct 4, 2012

Answered on Dec 14, 2012

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Timothy J. Deffet's answer
Yes but usually they will be consolidated or brought together to save judicial resources.

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Q: Do i need an accident attorney due to being involved in accident to settle with insurance company?

1 Answer | Asked in Car Accidents for Indiana on Dec 10, 2012

Answered on Dec 14, 2012

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Timothy J. Deffet's answer
No. But studies have shown you probably get about 4-5 times more $ than without an attorney. The studies were done by guess who??? The insurance companies! They try to keep you from an attorney because they KNOW they will have to pay less if they pay you at all.

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Q: Do I need a lawyer to file for childsuport

1 Answer | Asked in Child Support for Illinois on Jun 30, 2012

Answered on Dec 7, 2012

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Timothy J. Deffet's answer
You don't have to have one but it may be a good idea. That is up to you to decide.

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Q: Why if I'm appealing an Admin Review Decision to the Circuit Court in Illinois, is Case Management being implemented?

1 Answer | Asked in Appeals / Appellate Law for Illinois on Jul 25, 2012

Answered on Dec 7, 2012

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Timothy J. Deffet's answer
It is a bad idea for a non attorney to do this in my opinion. Alot of traps for the unwary, even for experienced attorneys, regarding appeals. This is not something that can be easily answered in an online post.

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Q: How do I file for dismissal of a civil complaint I filed in Cook County that has been settled? How do I notify defendant

1 Answer | Asked in Civil Litigation for Illinois on Aug 6, 2012

Answered on Dec 7, 2012

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Timothy J. Deffet's answer
Usually the defendant is in the case (meaning made appearance). If this is not the case send dismissal to last known address. If you sued them properly you may have this. If you just want to dismiss you can just file a stip to dismiss or dismissal with prejudice. Make sure that you get your settlement $ if that is the case.

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Q: What does it mean if a leasing manager asks tenants to pick up a check for interest earned on their security deposits?

1 Answer | Asked in Landlord - Tenant for Illinois on Sep 7, 2012

Answered on Dec 7, 2012

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Timothy J. Deffet's answer
IL law requires that interest (very little) be paid to tenants every year for their security deposit which is supposed to be held in a segregated bank account by LL.

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