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Questions Answered by Timothy J. Deffet
1 Answer | Asked in Civil Rights for Illinois on
Q: Is it ofiicial misconduct when a public officer causes physical bodily harm with excessive force?
Timothy J. Deffet
Timothy J. Deffet
answered on Nov 6, 2012

It should be but of course a court (in a civil and/or criminal case) must decide if there is enough evidence to go forward. You can file what is known as a Section 1983 case civilly if harmed. Contact an attorney immediately if that is the case because many times there are short statute of... View More

2 Answers | Asked in Medical Malpractice for Illinois on
Q: Plastic surgery question.

Can I sue a doctor for reconstructive surgery that didn't turn out as expected or described?

Timothy J. Deffet
Timothy J. Deffet
answered on Nov 6, 2012

It depends. You need to gather all your medical records and consult with an attorney.

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1 Answer | Asked in Traffic Tickets for Illinois on
Q: On my ticket the office listed my car as a 07 light blue toyota. My car is a 06 tan ford. Could I fight this?
Timothy J. Deffet
Timothy J. Deffet
answered on Nov 6, 2012

Yes. However, the officer can sometimes "amend" the ticket before trial.

1 Answer | Asked in DUI / DWI for Illinois on
Q: What does dui 1 & 2 mean i live in illinois
Timothy J. Deffet
Timothy J. Deffet
answered on Nov 6, 2012

Not exactly sure where you are reading from but 5/11-501(a)(2) is when you fail the field tests and 5/11-501(a)(1) is for failure of the breath test. Feel free to contac t me as I handle these cases.

1 Answer | Asked in DUI / DWI for Illinois on
Q: I believe I may have a dui from 1979, and after all these years it is now stopping me from obtaining a drivers license

I may have a dui, but do not know for sure, have had a valid license since with no traffic violations

Timothy J. Deffet
Timothy J. Deffet
answered on Nov 6, 2012

I handle license reinstatements and DUI cases in Illinois. The first thing you need to do is get your "driver's abstract" from the Secretary of State ("SOS"). This will show your complete traffic record, including when you had a DUI. Then you can figure out probably where... View More

1 Answer | Asked in Workers' Compensation for Illinois on
Q: Should I still be legally working if I have found out that my employer doesnt have Workmans Comp Insurance?
Timothy J. Deffet
Timothy J. Deffet
answered on Nov 6, 2012

Do you mean should you continue to work? You can check on your employer's insurance status on the IWCC page on insurance at http://www.iwcc.il.gov/insurance.htm. This can answer many questions you have. If you are injured you may still proceed with a case. Whether you want to stay is up to... View More

1 Answer | Asked in Personal Injury for Rhode Island on
Q: Can I sue my landlord for not installing a railing in the basement where I fell and injured my back?
Timothy J. Deffet
Timothy J. Deffet
answered on Oct 11, 2012

The answer is possibly. You should take pictures of the basement and railing area on the stairs immediately from all angles. Go see a doctor, give a history of the accident, keep copies of all bills and records. Are there any code violations on the property? Shoddy maintenance etc? Any witnesses to... View More

1 Answer | Asked in Workers' Compensation for Louisiana on
Q: Is there a statue of limitations on filing a workman's comp. claim for a re-injury from a previous wc injury?
Timothy J. Deffet
Timothy J. Deffet
answered on Oct 11, 2012

Each state has their own law. You should contact a California attorney. In some states it is a good idea to file a new case on the aggravation and then consolidate the current case if one is filed. I only practice in Illinois. You should contact a LA attorney immediately because statute of... View More

1 Answer | Asked in Workers' Compensation for California on
Q: Can a PTD decision be reversed if one is able to return to the workforce 20 years after the injury?

Worker's compensation is through a large, self-insured private employer.

Timothy J. Deffet
Timothy J. Deffet
answered on Oct 11, 2012

In some states, maybe, if you have a change of circumstance. Contact a California attorney immediately. I only practice in Illinois.

1 Answer | Asked in Workers' Compensation for New York on
Q: My worker's compensation benefit was suspended because I didn't get mail to make a doctor's appointment

My job terminated me. Why? What can I do?

Timothy J. Deffet
Timothy J. Deffet
answered on Oct 11, 2012

Contact a NY work comp attorney immediately. They may be able to assist you. However, it is your responsibility to make dr appointments and notify your employer in a timely manner. I am sorry to hear you were terminated.

1 Answer | Asked in Workers' Compensation for Missouri on
Q: I was injured at work a few months ago and still having problems with the same area an now its personal.
Timothy J. Deffet
Timothy J. Deffet
answered on Oct 11, 2012

You should contact a MO attorney ASAP if the injury occurred there. If it occurred in another state, such as IL where I practice, contact an attorney there even if your employer is in MO.

General comments: Go see a doctor, keep a folder will all bills and medical records as well as full...
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1 Answer | Asked in Workers' Compensation for California on
Q: What can I do if I was hurt at work?

I was hurt on the job and went to the doctor who ordered physical therapy. I was paid my regular hourly rate for the first day of injury, but was told that I could not get paid for the other. The doctor ordered visits. I was told to use my PTO for lost time. I am curently working and on light duty.

Timothy J. Deffet
Timothy J. Deffet
answered on Oct 11, 2012

I am sorry you were injured. In my states once you are off work for a period of days and/or your employer cannot offer light duty work then they must pay you. Also, if you have a union contract it may provide for better pay. Talk to a California work comp attorney ASAP as I am not licensed in your... View More

1 Answer | Asked in Workers' Compensation for Massachusetts on
Q: Can I get a second opinion from another doctor about whether I can go back to work?
Timothy J. Deffet
Timothy J. Deffet
answered on Oct 11, 2012

In most states you can. Contact a MA attorney to assist you.

1 Answer | Asked in Workers' Compensation for California on
Q: In California, must a Judge Sign Workman's Comp Subpoena Duces Tecum for Psychiatric Records release?
Timothy J. Deffet
Timothy J. Deffet
answered on Oct 11, 2012

In most states you need a special motion and/or order with permission from you and/or your attorney to get psych records. This is true in Illinois. I do not practice in California. Contact a California attorney ASAP if you do not have one.

1 Answer | Asked in Workers' Compensation for Maryland on
Q: If you're OKd for workers compensation pay, and your insurance adjuster doesn't pay, what's the next step?
Timothy J. Deffet
Timothy J. Deffet
answered on Oct 11, 2012

Hire an attorney in the state where you were injured.

1 Answer | Asked in Estate Planning for Illinois on
Q: How a person prepare their estate plan to include daughter-in-laws and sons-in-law?
Timothy J. Deffet
Timothy J. Deffet
answered on Oct 11, 2012

Contact a lawyer who does probate law. It is worth it for the future of your family. It is one of the most important documents you can have and can prevent years of family division if you draft it poorly. The money is well spent and most are fairly reasonable if not too complicated. I do not... View More

1 Answer | Asked in Landlord - Tenant for Illinois on
Q: A order for possession was taped to my door today....I have never been served any other notices...is this legal?
Timothy J. Deffet
Timothy J. Deffet
answered on Oct 11, 2012

Possibly. Call the clerk of court where case is being heard or go there and pull file and look at paperwork. See if Judge allowed. You may have been served and were not aware. There are different types of service. Call MTO at

www.tenants-rights.org/. They may be able to help you. Good luck.

1 Answer | Asked in Immigration Law for Illinois on
Q: What it the process to reopen an expunged case in Illinois. I need certified court disposition of the case to get a VISA

My arrest records are expunged and I have a certified copy of the expunge order. The problem is I do not have a certified copy of the court disposition. How do I get the certified copy of the court disposition I need to produce this by March 2013 to get my B1 visa, Since I live outside the U.S. Can... View More

Timothy J. Deffet
Timothy J. Deffet
answered on Oct 10, 2012

The clerk's office where the case was heard can give you a certified copy of disposition. Also, if you need help with expungements see www.state.il.us/defender/expforms/2011instguide.pdf.

1 Answer | Asked in Car Accidents for Illinois on
Q: I was rear-ended in a car accident a year ago in Illinois

Later, I found out that I had a preexisting condition that was aggravated by the accident. Does it matter that this pre-existing condition was unknown at the time? Will it hurt the case in terms of damages?

Timothy J. Deffet
Timothy J. Deffet
answered on Oct 10, 2012

I am sorry to hear about your accident. An aggravation of a pre-existing condition can be covered under the law if medical testimony links up the aggravation to the accident and the accident was not your fault.

If your accident occurred in Illinois you should contact and Illinois attorney...
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1 Answer | Asked in Car Accidents for Illinois on
Q: My spouse was returning from Wisconsin, when rear ended by a truck. we live in Illinois. Where do we retin an attorney,
Timothy J. Deffet
Timothy J. Deffet
answered on Oct 10, 2012

I am sorry to hear about your spouse. If your accident occurred in Illinois you should contact and Illinois attorney ASAP who handles car accident cases, such as myself, or look online. If it is in Wisconsin you would need a Wisconsin attorney. Make sure you file a police report and give a... View More

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