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Questions Answered by Timothy J. Deffet
1 Answer | Asked in Civil Litigation for Illinois on
Q: Should I file a civil suite against the negligent driver, being the insurance company's offer does not cover my damages
Timothy J. Deffet
Timothy J. Deffet
answered on Aug 9, 2012

It is difficult to answer this question.You should contact an IL attorney if the accident happened in Illinois. You could contact myself or any other IL attorney who does personal injury cases, which include car accidents. Gather copies of the police report, all your medical records from your... View More

1 Answer | Asked in Collections for Illinois on
Q: I have a debt incurred by W Comps lack of payment, last visit was 6/5/2001

I have had no letters or anything it was posted on my credit and now is not. 7/8/2011 I recieved a letter from an atty. regarding repayment.

I told them W.Comp paid the bills and then stopped, it was between the PT and WC due to WC paying them directly, they knew full well when the payments... View More

Timothy J. Deffet
Timothy J. Deffet
answered on Aug 8, 2012

If your work comp case was settled you need to look at the settlement contract and see if there was an agreement to pay. If you never settled your case, you should contact the attorney that handled it for your or someone like me who handles plaintiff side work comp case and also defends people from... View More

1 Answer | Asked in Collections for Illinois on
Q: What exactly does "file your answer to the complaint" mean in regards to a summons I received for an alleged debt.
Timothy J. Deffet
Timothy J. Deffet
answered on Aug 8, 2012

When someone files a lawsuit against you in most cases you must file an answer or a motion to dismiss that person's allegations against you. In certain circumstances in small claims in Illinois the allegations are automatically denied but you may have to go to trial. I defend debt cases and... View More

2 Answers | Asked in Collections for Illinois on
Q: I have a citation notice for a debt I don't know is mine. What should I do. I have been unemployed for a long time.
Timothy J. Deffet
Timothy J. Deffet
answered on Aug 8, 2012

Contact a bankruptcy and consumer lawyer. I defend credit card cases. If there is a citation you have a judgment against you. Call the clerk where court is and ask for case number and status of case. If Cook you can check online with your name as defendant. www.cookcountyclerkofcourt.org/

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1 Answer | Asked in Bankruptcy for Illinois on
Q: After filing bankruptcy a credit is threating to take me to civil court for check fraud. Can they do this?
Timothy J. Deffet
Timothy J. Deffet
answered on Aug 8, 2012

You do not explain exactly what the circumstances are. I do credit card collection defense. I do not do bankruptcy. I would also contact a bankruptcy attorney in Illinois. They can help you navigate through that.

1 Answer | Asked in Medical Malpractice for Illinois on
Q: If i am unable to walk correctly and have a screw floating around my leg can i sue
Timothy J. Deffet
Timothy J. Deffet
answered on Aug 8, 2012

I am sorry to hear you are in pain. You do not explain the circumstances of how you were injured. At work, via fall, car accident? Medical malpractice cases are very complex if that is what you are specifically asking about. You must demonstrate the doctor did something negligent. You should gather... View More

2 Answers | Asked in Military Law for Illinois on
Q: Can military retirement benefits be taken away after serving twenty plus years and receiving an honorable discharge
Timothy J. Deffet
Timothy J. Deffet
answered on Aug 8, 2012

I am sorry to hear that your benefits were terminated. I do not practice in thus type of law but my alma mater, The John Marshall Law School, has a Veteran's Legal Support Center, where you may be able to get free advice on veteran's benefits issues. Contact:

Joseph R....
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1 Answer | Asked in Workers' Compensation for Indiana on
Q: How long after a workmans comp insurance company denies claim do I have to file an appeal
Timothy J. Deffet
Timothy J. Deffet
answered on Aug 3, 2012

It is not clear what you are asking. Just because your company denies your claim does not mean that the judge has. You should consult an Indiana attorney immediately. Do not give an oral or written statement to the company or their representative until you contact an attorney. If you cannot find an... View More

1 Answer | Asked in Workers' Compensation for Rhode Island on
Q: Eye injury on the job.punctured eye, 7 stitches inner eye 2 patches to stop leaks in eye whats it worth
Timothy J. Deffet
Timothy J. Deffet
answered on Aug 3, 2012

You should contact a Rhode Island work comp attorney immediately. I grew up on Aquidneck Island. What was the date of your injury and what happened? You should not give a statement to anyone, or or written without consulting an attorney. Also do not sign anything. I am very sorry for your injury.

1 Answer | Asked in Personal Injury for California on
Q: A drunk driver who pled guilty to DUI and struck you as a pedestrian-would the pedestrians BAC be admissible in court?

I was struck by a drunk driver who pled guilty to felony dui and causing great bodily injury. The insurance company is attempting to show comparative negligence on the fact that i, as a pedestrian, also was "legally' drunk. would my bac play a factor in the case if it went to trial... View More

Timothy J. Deffet
Timothy J. Deffet
answered on Aug 3, 2012

The short answer is, it depends. Each state has its own laws on how to prove whether intoxication can be shown and whether the jury should be instructed on this as mitigating the damages you can recover or completely knocking out your case. You, as a pedestrian, as well as the driver of the car,... View More

1 Answer | Asked in Personal Injury for California on
Q: While living at a treatment facility, I fell out of the top bunk bed. The bed did not have safety rails.I broke my neck.
Timothy J. Deffet
Timothy J. Deffet
answered on Aug 3, 2012

I am terribly sorry for your injuries. You should immediately contact a California personal injury attorney. There may be certain rules that medical facilities must follow when someone is treating there, especially if they are considered a fall risk, then certain precautions must be taken. Do not... View More

1 Answer | Asked in Personal Injury for Georgia on
Q: I need to know how long after injury do you have to write a reporrt
Timothy J. Deffet
Timothy J. Deffet
answered on Aug 3, 2012

It is not clear what you are asking. I am not a Georgia attorney. You should consult a Georgia personal injury attorney immediately. If you had an accident at work you may have a certain amount of time to give "notice" to your company that you were injured. If you were injured outside of... View More

1 Answer | Asked in Personal Injury for New Mexico on
Q: Do the courts award for gross wages or net wages in an accident injury settlement

I was injured in a trucking accident in which my student was driving my leased truck.he was a company student and i was leased on to the company.

Timothy J. Deffet
Timothy J. Deffet
answered on Aug 3, 2012

You should consult a New Mexico personal injury attorney immediately to assess your case. I am sure that I can answer this question for you. Normally speaking, lost wages are considered "economic damages" that can be potentially recovered at trial if you get a verdict in your favor. I am... View More

1 Answer | Asked in Collections for Illinois on
Q: I live in IL. A TN person owes me $11K. He works in TN but his employer is HQ'd in IL. Where do I file to garnish wages?
Timothy J. Deffet
Timothy J. Deffet
answered on Aug 3, 2012

You need to get a judgment against someone before you can go any further. This means you must file a lawsuit in court, serve them properly with a complaint, give the person a chance to defend the case in court and then if you get a judgment you may have other options, such as garnishment possibly.

1 Answer | Asked in Foreclosure for Illinois on
Q: If my house is foreclosed can they garnish my monthly pension I receive (husband deceased)? I'm 76 years old.
Timothy J. Deffet
Timothy J. Deffet
answered on Aug 3, 2012

Take a look at illinoisprobono.org. This is taken from their website:

Debt Collection: Exemption Rights

Print Email Increase Text Size Share

Author: Attorney Desk Reference Manual

Last updated: August 2010

Money and Property Exempt From Judgments (Exemption...
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1 Answer | Asked in Personal Injury for Kansas on
Q: Who is liable for an injury caused by a fall- a store owner or visiting vendor who caused a dangerous condition, or both

A visiting stocker from a greeting card corporation left a box in a hard-to- see place in a grocery store aisle causing a potential hazard. Premises liability.

Timothy J. Deffet
Timothy J. Deffet
answered on Jul 25, 2012

These cases are highly factually specific and dependent on state law. There may be liability for both if they played a part. The owner may have not discovered the alleged hazardous condition left by the vendor during routine inspections.You should consult a Kansas attorney. If you are a plaintiff... View More

1 Answer | Asked in Uncategorized for Illinois on
Q: What should i expect and how should i prepare for for deposition as a plaintiff.
Timothy J. Deffet
Timothy J. Deffet
answered on Jul 24, 2012

I know you will not want to hear this but you should retain an attorney if you have not already. If you do have an attorney contact him or her and tell them you are wondering what to do. An attorney worth their salt will prepare you. It is very fact-based. It really depends on type of case you... View More

1 Answer | Asked in Traffic Tickets for Illinois on
Q: Do I have to pay double the amount of a traffic ticket merely because I could not make the hearing? This seems Draconian
Timothy J. Deffet
Timothy J. Deffet
answered on Jul 24, 2012

You are not clear what the charges are on the ticket, which County or town. Some of the fines are very expensive. Some tickets require you to be there personally. Call the Clerk where the ticket was issued and ask.

1 Answer | Asked in Employment Law for Illinois on
Q: I have not been paid since 2/3/12 by my employer what can i do?
Timothy J. Deffet
Timothy J. Deffet
answered on Jul 24, 2012

You may have some rights under the IL Wage Payment and Collection Act. This provides for fees and penalties if employer fails to pay you what you are owed. You do not mention the circumstances. More facts are needed.

1 Answer | Asked in Uncategorized for Illinois on
Q: What is meant by "vacate DWP"?
Timothy J. Deffet
Timothy J. Deffet
answered on Jul 24, 2012

This can mean the vacating of a "dismissal for want of prosecution." This phrase sometimes means a plaintiff missed a court date and the case was dismissed. They can be reinstated if a motion is brought within a certain period of time.

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