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Questions Answered by Timothy J. Deffet
1 Answer | Asked in Car Accidents for Illinois on
Q: My son was hit by a township vehicle almost a year a go.Am I still able to file a lawsuit now?
Timothy J. Deffet
Timothy J. Deffet
answered on Jul 17, 2012

In general, you have a one year statute of limitations for municipal or governmental entities. However, there may be exceptions or there may be private entities or contractors involved that may take this one year statute of limitation out of play. In either case, this is a tricky scenario and you... View More

1 Answer | Asked in Workers' Compensation for Illinois on
Q: Do all workers compensation adjuster working out of state handling Michigan claims, need to have a MI adjuster license.
Timothy J. Deffet
Timothy J. Deffet
answered on Jul 17, 2012

That is an interesting question. Adjusters can be from several different states and still negotiate a file. They are not like lawyers who must be licensed in the state they practice. A good place to look for information on workers' compensation cases that arise from IL is the IWCC website. Or... View More

1 Answer | Asked in Consumer Law for Illinois on
Q: Is there a class action suit against Chae home finance llc in illinois?
Timothy J. Deffet
Timothy J. Deffet
answered on Jul 17, 2012

I am not specifically aware of any but I have handled cases against them in the past.You can check online on pacer racer for federal court suits.

1 Answer | Asked in Workers' Compensation for Illinois on
Q: My case settled after several appeals. I was awarded lifetime medical, can they still appeal? from 05?

I am still waiting to recieve my insurance card? they have yet to pay back all the scripts I have paid out, I can't believe this is still going on

Timothy J. Deffet
Timothy J. Deffet
answered on Jul 17, 2012

In some instances an employer can file an appeal or hearing based on a change in circumstances in your treatment even though you may have been awarded lifetime benefits. Also, appeals can be very lengthy and last years. It is difficult to tell from your post. I would look at the IWCC website and... View More

1 Answer | Asked in DUI / DWI for Illinois on
Q: I was convicted in KY but live in IL can they still suspended my license

I also am required by KY to take an ADE program. No idea what that is though? can u help me

Timothy J. Deffet
Timothy J. Deffet
answered on Jul 17, 2012

Even if you have a charge in one state this can affect your license in another state because states report violations to each other. You will likely have to complete whatever is recommended for you in the state the charge occurred. Some states will allow you to complete this in your home state.... View More

1 Answer | Asked in Car Accidents for Illinois on
Q: What if you wear driving someone car and they did not give you permission to drive are you still liable to pay
Timothy J. Deffet
Timothy J. Deffet
answered on Jul 17, 2012

The answer to this question requires more information. Are you asking if you got into a car accident and used someone's car without permission? Or did you get a traffic ticket? The answer is maybe. Normally speaking if you are not listed on someone's auto policy or they did not give you... View More

2 Answers | Asked in Personal Injury for Arkansas on
Q: Is there case law to support significant personal injury caused by low impact accident

20 to 30 mile per hour impact. large work van rear ended sports car. no major damage to either vehicle. injuries in front vehicle- cervical disc compression. surgery required/ history of osteophytes and prior disc fusion

Timothy J. Deffet
Timothy J. Deffet
answered on Aug 13, 2012

Great answer by Mr. Rubino. If you think that insurance companies always play fair take a read of "From Good Hands to Boxing Gloves" an outline of how Allstate devalues legitimate claims. The so-called low impact or soft tissue phraseology attempts to demonize the person that is injured... View More

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2 Answers | Asked in Personal Injury for Illinois on
Q: Can I sue a person who broke my arm after I signed a waiver if i was under the influence of Norco and under duress.
Timothy J. Deffet
Timothy J. Deffet
answered on Jul 17, 2012

Mr. Rubino is right on point. This should be discussed in detail with an attorney who can assess the circumstances and the possible liability. You should gather your medical records and bills, proof of lost time at work etc. Also the names and contact information for any witnesses or the potential... View More

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3 Answers | Asked in Consumer Law for Illinois on
Q: Midland funding is taking us to court

I know that they are not the original debt holder but my wife paid them 100 and then stop I told midland funding to prove thats her debt what are there chances of proving thats her debt and does that payment confirm her debt

Timothy J. Deffet
Timothy J. Deffet
answered on Aug 9, 2012

Excellent advice by Ms. Goodwin. Whenever you get sued on one of these cases contact a consumer lawyer ASAP. I practice in credit card collection defense and Ms. Goodwin is well-known as an excellent lawyer in this field.

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2 Answers | Asked in Workers' Compensation for Illinois on
Q: How are worker's comp levels rated? I keep seeing people saying they're level 2 or level 3, what does that mean?
Timothy J. Deffet
Timothy J. Deffet
answered on Jul 17, 2012

You may be hearing people speak of AMA impairment ratings as a result of the new amendments to the IL Work Comp Act.

This is from the IWCC website:

Commission issues guidance on AMA impairment ratings and PPD awards

The Commission has issued guidance to arbitrators regarding...
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2 Answers | Asked in Consumer Law for Illinois on
Q: I want to sue my mortgage lender

I believe they have broken a number of laws. I live in Chicago, Illinois, where my condo is located. My lender is Bank of America. I'm a former real estate legal secretary, and I have considerable documentation. I want a lawyer who will salivate at the opportunity to go after Bank of America.... View More

Timothy J. Deffet
Timothy J. Deffet
answered on Aug 9, 2012

BOFA is not always a clean player in these things. I would gather all your mortgage documents, any letters from BOFA, get updated copies of your credit reports and have a detailed explanation of why you think something is illegal. Many times these companies files foreclosure and cannot prove... View More

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2 Answers | Asked in Employment Law for Illinois on
Q: Workers' Compensation Insurance -deduction from paycheck.

I am working for some company as subcontractor, 1099 tax form. An employer collects from each of my paycheck 6.55% money, arguing that he needs to pay Worker Compensation Insurance. If I refuse, I lose my job. Is his action lawful?

Timothy J. Deffet
Timothy J. Deffet
answered on Nov 12, 2012

Mr. Bartolic is an excellent attorney. However, I do not necessarily agree with this answer. In many instances an employer will try to designate an employee as an independent contractor and will misclassify them to avoid paying work comp insurance and to avoid work comp liability. This happens many... View More

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2 Answers | Asked in Workers' Compensation for Illinois on
Q: I currently have an open work comp claim, is there a standard amount they normally pay for carpel tunnel?
Timothy J. Deffet
Timothy J. Deffet
answered on Jul 17, 2012

There is not a standard amount in Illinois. In addition although the IL Workers' Compensation Act was recently amended to provide that AMA ratings may be considered it does not mandate them and the arbitrator deciding the case must look at a host of factors to decide your case. Examples are... View More

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2 Answers | Asked in Personal Injury for Illinois on
Q: Diagnosed with auto immune disease - how can I get my company's OSHA records to see if they contributed?
Timothy J. Deffet
Timothy J. Deffet
answered on Jul 17, 2012

Look at this http://www.osha.gov/as/opa/foia/howto-foia.html.

Freedom Of Information Act

How To Make A FOIA Request

[RETURN TO EFOIA PAGE]

Freedom of Information Act Requests:

The Freedom of Information Act (FOIA) provides for public access to records maintained...
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