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Questions Answered by Robert D. Kreisman
3 Answers | Asked in Arbitration / Mediation Law for California on
Q: Is there any way to appeal a decision by an arbitrator?
Robert D. Kreisman
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Robert D. Kreisman
answered on Jun 14, 2018

No, as long as the parties have agreed to the arbitration as binding. Some arbitrations are nonbinding, but the agreement would have to be specific on that point. Nonbinding arbitrations are often referred to as mediations.

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1 Answer | Asked in Nursing Home Abuse for Illinois on
Q: We hired a self-employed person to take care of my mother in her house - is that person subject

to laws regarding nursing home abuse?

Robert D. Kreisman
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Robert D. Kreisman
answered on Mar 27, 2018

Yes. The Home Health, Home Services and Home Nursing Agency Licensing Act would cover your situation. 210 ILCS 55/1, et seq.

1 Answer | Asked in Personal Injury for Arizona on
Q: How long do I have after I was hurt to file a personal injury suit?
Robert D. Kreisman
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Robert D. Kreisman
answered on Mar 27, 2018

In Arizona you have two years from the date of the negligent incident that caused your injury to file your lawsuit. The statute of limitations, being two years means that you would be barred from bringing a later lawsuit outside of that two year period. I urge you to contact an attorney in your... View More

2 Answers | Asked in Wrongful Death for New York on
Q: What are the most common reasons for why plaintiffs lose wrongful death lawsuits?
Robert D. Kreisman
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Robert D. Kreisman
answered on Mar 18, 2018

When the jury decides that there was no negligence that was a cause of the death, the verdict would be for the defendant. Plaintiffs have the burden of proof, a preponderance of the evidence, or what is more probably true than not true, that the breach of duty was a cause of the damages, the death... View More

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2 Answers | Asked in Car Accidents for Alabama on
Q: I was rearended by a suspended driver. I had xrays done. Do I go after driver or owner of car for damages?

Car had liability but cheap insurance company will not cover.

Robert D. Kreisman
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Robert D. Kreisman
answered on Mar 18, 2018

Yes you could file a claim against the driver and the owner of the car that caused your injury and damage to your vehicle.

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1 Answer | Asked in Medical Malpractice for Oregon on
Q: Likelihood of winning a medical malpractice suit?

Hi there!

A co-worker of mine recently suffered two strokes because his doctor prescribed him two medications that are NOT supposed to be taken at the same time. The doctor was fired after it was discovered that the mix of these medications caused the strokes. What are my co-workers chances... View More

Robert D. Kreisman
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Robert D. Kreisman
answered on Mar 18, 2018

I don't think anyone can predict with any certainty how a medical negligence lawsuit might turn out. Even with the most compelling facts, there is no way with the information you provided to know how this case would be decided. From what you have described, if a physician in the same or... View More

2 Answers | Asked in Wrongful Death for Illinois on
Q: Is it possible for the same person to file for a wrongful death and survival action lawsuit?
Robert D. Kreisman
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Robert D. Kreisman
answered on Mar 18, 2018

Yes. This assumes that the plaintiff bringing the lawsuit has some relationship with the decedent; next of kin, heir. Survival actions are for the pain and suffering the decedent endured before death. That piece of the lawsuit belongs to the estate of the decedent, whereas the wrongful death... View More

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3 Answers | Asked in Wrongful Death for Maryland on
Q: Is it possible for a plaintiff to win a wrongful death suit for a car accident case

if the deceased was not wearing a seat belt?

Robert D. Kreisman
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Robert D. Kreisman
answered on Mar 18, 2018

Yes. This is an often a contentious issue that the lawyers will grapple with because of that fact, no seat belt, would there be proof supported by an expert witness, that but for the absence of the seat belt, the person who died would have survived? The issue of whether or not a seat belt was in... View More

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1 Answer | Asked in Nursing Home Abuse and Medical Malpractice for Texas on
Q: Do I have a case of neglect?

My husband is in a nursing home and he developed a sore. I went to the nursing home on a Monday and they told me he had a wound the size of a pea, when I went back the following Monday it was infected and there was bone exposure. He has been from facility to facility having surgeries after... View More

Robert D. Kreisman
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Robert D. Kreisman
answered on Feb 19, 2018

This sounds very much like a nursing abuse or negligence case. You should consult with an attorney in your area who specializes in nursing home abuse cases.

1 Answer | Asked in Appeals / Appellate Law for Ohio on
Q: CONCERNING FILING A BRIEF OR A MOTION IN THE 8TH DISTRICT COURT OF APPEALS.

IF BOTH THE MAGISTRATE, AND THE REGULAR JUDGE RULED AGAINST ME, AND I LOST MY CASE AM I THE APPELLEE, OR THE APPELLANT WHEN FILING BRIEFS, OR MOTIONS IN THE 8TH DISTRICT COURT OF APPEALS?

Robert D. Kreisman
PREMIUM
Robert D. Kreisman
answered on Feb 19, 2018

If you are bringing the appeal, you would be the appellant. You are broaching an area of the law (federal appellate procedure) with very specific procedural rules that must be obeyed or your appeal would or could be dismissed. You need to try to hire an appellate attorney to help. There are just... View More

1 Answer | Asked in Car Accidents for Oklahoma on
Q: Fiancée was middle car in hit and run. Now the woman in front of her is suing my fiancée for damages, medical expenses.

Responding police officer declared it a hit and run in his report. Plaintiff filed claim with my fiancée’s insurance company who denied their claim because of zero wrong doing by my fiancée. In the plaintiffs lawsuit paperwork, it has no mention of police report or hit and run. Accident... View More

Robert D. Kreisman
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Robert D. Kreisman
answered on Feb 19, 2018

You have described a very weak case, but of course anyone can file a lawsuit. Make certain that your fiancé has reported the lawsuit to her insurer who will protect her interest assuming she has liability coverage. This is one of those instances where it is said that this is a reason we have... View More

1 Answer | Asked in Car Accidents and Personal Injury for Washington on
Q: My ex was in a serious car accident with my daughter and she didn't tell me anything about it. What can I do?

My ex lives in Washington state and I live in Texas. This is the second time something serious has happened and her not telling me. My ex mother-in-law told me she was on her phone at the time of the accident

Robert D. Kreisman
PREMIUM
Robert D. Kreisman
answered on Feb 18, 2018

If your daughter was injured you should seek the advice of local attorney. That would mean to retrieve the police report of the incident. The fact that your ex didn't inform you does not make out a case of any kind.

1 Answer | Asked in Personal Injury and Wrongful Death for Connecticut on
Q: Is every accident-related death a possible wrongful death case?
Robert D. Kreisman
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Robert D. Kreisman
answered on Feb 18, 2018

If a case were filed claiming negligence or willful and wanton conduct by the party or parties who caused the death, then yes that would amount to a wrongful death claim and a separate count for a survival action if the decedent survived the injuries that caused the death for any length of time. In... View More

1 Answer | Asked in Animal / Dog Law and Personal Injury for Ohio on
Q: If i adopt a dog then 2 months later bites someone who is liable ? Could dog shelter be liable

Because they should of done behavior test right to and other test to see if dog was any part aggressive ?

Robert D. Kreisman
PREMIUM
Robert D. Kreisman
answered on Feb 18, 2018

From what you have described you would be held responsible for the injuries suffered by a dog bit of the dog you own.

2 Answers | Asked in Car Accidents and Personal Injury for New York on
Q: A taxi driver crossed the double yellow and hit me. He then proceeded to hit another vehicle.

My rear wheel was sheered off and unable to move. His claim was he swerved to get around another car (there was no car infront of him) and then it changed to “i have diabetes and havent eaten”

I have severe neck and back pain from the side impact, what are my options?

Robert D. Kreisman
PREMIUM
Robert D. Kreisman
answered on Feb 19, 2018

You should contact a local attorney who handles personal injury, automobile crash cases. From the facts you laid out you would have a viable lawsuit against the cab driver and his/her company, employer. Be certain to collect all of your medical records and bills. If you missed any time from your... View More

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2 Answers | Asked in Personal Injury and Nursing Home Abuse for Georgia on
Q: My mother got a bed sore about 2 years ago on her left heel,that got very infected,from lack of attention

It was from negligence of the staff,well she's had surgeries,she's been in the hospital several times,now she's back in again with the infection that should have never happened,she's in bad shape this time

Robert D. Kreisman
PREMIUM
Robert D. Kreisman
answered on Jan 27, 2018

I would be concerned about the passing of the statute of limitations that would be a complete bar to any lawsuit your mother could file. Given limited the facts you provided I urge you to get in touch with a local nursing home negligence attorney as soon as possible. Be aware that any lawyer... View More

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2 Answers | Asked in Personal Injury and Car Accidents for Oregon on
Q: I got in an car accident with a bicyclist who wasn't wearing a helmet.

Does my insurance still need to pay for any preventable head-related injuries? It was his fault for not wearing a helmet.

Robert D. Kreisman
PREMIUM
Robert D. Kreisman
answered on Feb 18, 2018

The fact that the injured bicyclist was not wearing a protective helmet would not be an issue that could diminish the the value of the case to the plaintiff who was injured. In fact, most lawyers would submit a motion in limine to prevent the lack of a helmet to be introduced as a factor in the... View More

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1 Answer | Asked in Car Accidents for Kentucky on
Q: My car was parked in a parking lot of a hospital,when a man passed out and crossed the center lane and 2 lanes

Of traffic and hit a curb and went airborne hitting my car it totaled it what can I do? I was told that a quick search of his car found drug peripheral

Robert D. Kreisman
PREMIUM
Robert D. Kreisman
answered on Jan 22, 2018

Notify your insurance agent, obtain a copy of the police report and take photos of the damage to your vehicle. Your insurance company will help you the process.

1 Answer | Asked in Elder Law for Tennessee on
Q: My dad is bedfast but refuses to go to a nursing home. What can I do as the only living child to have him placed?

He is in diapers, can't get to his food or take his meds on his own. Hospice caregivers come but he refuses any care from them. He has a brother who is 83 that checks on him and does those necessary thing for him but his health is also failing fast as he is a recent cancer survivor. My dad... View More

Robert D. Kreisman
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Robert D. Kreisman
answered on Jan 22, 2018

From what you have asked, the action you could entertain is hiring a local attorney to discuss whether your dad would be one who would qualify for a guardianship. If so you or another person, usually a family member could be appointed by the court to make decisions for your dad, should he be... View More

3 Answers | Asked in Car Accidents for California on
Q: I was involved in a car accident where I was not at fault. There were damages to my car but the other party is uninsured
Robert D. Kreisman
PREMIUM
Robert D. Kreisman
answered on Jan 22, 2018

Most states require insured drivers to carry uninsured motorist insurance. In any case, report the incident to your insurer as soon as possible. Obtain a copy of the police report and take photos of your vehicle.

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