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Questions Answered by Jonathan Rosenfeld
2 Answers | Asked in Products Liability and Medical Malpractice for West Virginia on
Q: How long after the settlement does a person get the papers to sign for the settlement check?
Jonathan Rosenfeld
Jonathan Rosenfeld answered on Jan 14, 2017

The length of time to actually get possession of a settlement check can depend on a number of factors including, but not limited to: parties contributing to settlement, if Medicare is involved, if a court needs to approve settlement and satisfaction of any medical lien holders. Some states have... Read more »

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2 Answers | Asked in Nursing Home Abuse for Illinois on
Q: My father was injured in a nursing home. Can I ask them for his medical records?
Jonathan Rosenfeld
Jonathan Rosenfeld answered on Jan 12, 2017

It depends of if you have power of attorney. If you do, you can request a copy of his records. If your father is alert and coherent, he may request a copy of his chart. Getting copies of medical records can be helpful in determining both how an incident occurred and what type of safeguards were or... Read more »

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2 Answers | Asked in Nursing Home Abuse for Illinois on
Q: My parent is at a care facility and I've witnessed what I think is neglect of another person who lives there.

Would I be able to bring suit for them? They have no family as far as I can tell.

Jonathan Rosenfeld
Jonathan Rosenfeld answered on Oct 19, 2016

If you witness abuse of a patient at a nursing home you may report the incident to the police and / or the Illinois Department of Public Health. Reporting an episode may help deter abuse of other patients.

You will not be able to initiate a lawsuit against the facility because you do not...
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2 Answers | Asked in Employment Law and Workers' Compensation for Illinois on
Q: My husband is having a surgery soon that Workmans comp approved, however we have heard nothing about TTD pay?

I'm under the impression that they have to pay him throughout his recovery. Is that right?

Jonathan Rosenfeld
Jonathan Rosenfeld answered on Oct 7, 2016

You are referring to TTD or temporary total disability payments while your husband is temporarily impaired from performing his tasks due to his employment related injury. Under Illinois law, TTD provides for two-thirds of the employees average weekly wage when a physician deems him or her unable to... Read more »

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2 Answers | Asked in Personal Injury for Illinois on
Q: I am seeking advice on how to go forward with a suit for professional sexual misconduct by a drug counselor in a halfway

House called Elite sober house of living. I have all proof and witnesses

Jonathan Rosenfeld
Jonathan Rosenfeld answered on Oct 7, 2016

Sexual misconduct by a staff member at a halfway house or other type of treatment facility should not occur. In order to have a case against the facility, you will need to show that the facility knew or should have know of the behavior of this individual. For example, if the individual had acted... Read more »

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4 Answers | Asked in Personal Injury for Illinois on
Q: My husband was in a car accident over the weekend, but he was driving the company car.

Does his employer take care of everything or does he?

Jonathan Rosenfeld
Jonathan Rosenfeld answered on Oct 7, 2016

The answer to your questions depends on if your husband is covered under workers compensation related to his job. The crux of the issue will depend on his employment status: if he is an employee v. independent contractor and if he was 'in the course' of his employment at the time of the crash. If... Read more »

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2 Answers | Asked in Nursing Home Abuse for Illinois on
Q: I suspect my Dad might be being given too much medication at his senior home

- he seems pretty out of it. If I can prove that's the case, can I sue them?

Jonathan Rosenfeld
Jonathan Rosenfeld answered on Sep 28, 2016

Over medication of nursing home patients is a major problem. In some instances facilities intentionally provide the medication to sedate patients and make them easier to care for. In other instances, the over-medication may be less intentional-- in either respect, the over-medication of nursing... Read more »

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1 Answer | Asked in Wrongful Death for Illinois on
Q: Can I file a wrongful death lawsuit even it if's just my aunt and not my mother that died?

Her kids refuse to take action.

Jonathan Rosenfeld
Jonathan Rosenfeld answered on Sep 14, 2016

Usually, immediate family members have the right to file a wrongful death lawsuit. Your ability or standing to file such a case will depend on if there are other immediate family member and if your aunt left a will. If your aunt left a will, the executor of the will would likely be the person who... Read more »

2 Answers | Asked in Nursing Home Abuse for Illinois on
Q: I suspect that the care facility is neglecting my Mother.

Is there any issue with installing a camera in her room to see what's going on when I'm not there?

Jonathan Rosenfeld
Jonathan Rosenfeld answered on Sep 14, 2016

I am sorry to hear about your concern. Illinois recently passed a law that allows families to place a camera in the room of a loved one in a nursing home. Read more here http://progressillinois.com/news/content/2015/10/06/nursing-home-cameras-ensuring-safety-loved-ones

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2 Answers | Asked in Nursing Home Abuse for Illinois on
Q: I just found out a social worker at my Mom's nursing home had her sign a new power of attorney.

But I'm already her power of attorney. What should I do?

Jonathan Rosenfeld
Jonathan Rosenfeld answered on Aug 24, 2016

Does the new power of attorney appoint someone other than yourself?

Changing a power of attorney is a significant decision as it affects who can make life-changing decision about health care and other substantive issues.

If your mother is capable of understanding the significance...
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3 Answers | Asked in Personal Injury for Illinois on
Q: I got injured but I feel like my insurance company low balled me. What are my rights?
Jonathan Rosenfeld
Jonathan Rosenfeld answered on Aug 24, 2016

I'm not certain what type of context you were injured in? Is this involving a personal injury? If you are pursuing a claim with your insurance company, I am going to assume that you may have been injured by an uninsured motorist?

While frustrating, the insurance claims handling process is...
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1 Answer | Asked in Personal Injury for Illinois on
Q: What type of lawyer would I need?

My fiance was accused of child abuse and the charge was unfounded. After the allegation my fiance and myself were kicked out of our residence, fired from our jobs. I have more information if I can receive a phone call.

Jonathan Rosenfeld
Jonathan Rosenfeld answered on Aug 24, 2016

It sounds like you and your fiance are facing criminal charges. I would suggest that you consult with an attorney who handles criminal defense, they can better advise you of your legal rights and options.

Good luck to you.

1 Answer | Asked in Personal Injury for Illinois on
Q: my options? fell through fell through friends stairs. her ins. finds no fault

says they'll pay $2000 for medical bills and nothing else. this happened 28th of dec. 30 stitches in right leg half way round my leg, bruising on my left and reaggravated my back. still have large opening on front shin and a hole retaining fluids that needs cleaning everyday. go once a week to drs.... Read more »

Jonathan Rosenfeld
Jonathan Rosenfeld answered on Aug 24, 2016

You may have grounds to pursue a premises liability case against your friend based upon their negligence in failing to maintain their property. If your friend had knowledge of the condition and failed to make necessary repairs or alert you to the condition, you may have grounds to pursue them for... Read more »

1 Answer | Asked in Animal / Dog Law for Illinois on
Q: My dogs are accused of escaping & biting someone. There's no evidence either way. How do a make a strong defensive case?

We received an ordinance violation in the mail that our dogs got loose and bit someone. We were home during that time and our dogs were not out, but we do not have any proof, only our word. They obviously do not have proof either. What are our rights, and how do we make a strong defensive case at... Read more »

Jonathan Rosenfeld
Jonathan Rosenfeld answered on Aug 24, 2016

It depends on who you received the 'ordinance' from? Was this a notice from a court? If so you may wish to contact the State's attorney or other person responsible for the prosecution of the case. You can ask when what information they have in their file to support such allegations.

If this...
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1 Answer | Asked in Arbitration / Mediation Law and Workers' Compensation for Illinois on
Q: My TTDs were stopped. Can the insurance company stop them whenever they want or is there a procedure they must follow?

Doesn't the arbitrator assigned to my case have to approve?

Jonathan Rosenfeld
Jonathan Rosenfeld answered on Aug 24, 2016

Unfortunately, insurance companies can terminate temporary total disability (TTD) payments when they have information that you are no longer temporarily disabled or your employer is able to accommodate restrictions placed on you by your physicians.

In some situations, insurance companies...
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1 Answer | Asked in Workers' Compensation for Illinois on
Q: Can I claim Workmans Comp if involved in an car accident on company grounds prior to my shift starting?

Was involved in a car accident with another employee prior to the start of shift with USPS. Accident occurred on the property of the USPS and Police determine that I was not at fault.

Jonathan Rosenfeld
Jonathan Rosenfeld answered on Aug 23, 2016

The answer to your question will have a lot to do with the control which your employer had over the situation. For example, did your employer require you to park in a specific area? Even if your case is not compensable under workers compensation law, you can likely pursue a claim against your... Read more »

1 Answer | Asked in Workers' Compensation for Illinois on
Q: what happens if I receive a bill that should have been paid by illinois workmen's compensation after the case is closed?

I received a letter from a bill collector after 10 months of the case being settled. I do not remember the creditor, but I do remember the doctor that performed the procedure. The bill should have been paid when the case was settled. My attorney is the one that brought my attention to this doctor.... Read more »

Jonathan Rosenfeld
Jonathan Rosenfeld answered on Aug 23, 2016

You should look the terms of your settlement contract. This will likely address who is responsible for past and future medical bills. If you were represented by a lawyer in the case, you may want to ask him or her about what can be done with the bill. Good luck.

1 Answer | Asked in Elder Law and Nursing Home Abuse for Illinois on
Q: Is there a legal number of times my mother's bed should be changed in her nursing home?

She is incontinent and we are worried about bed sores.

Jonathan Rosenfeld
Jonathan Rosenfeld answered on Aug 23, 2016

I think you may be referring to patient 'off-loading' or turning. This is done to help keep the blood circulating in patients who are immobile or disabled. The idea is that by moving the patient regularly, the underlying tissue will remain healthy and bed sores will not form.

Depending on...
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2 Answers | Asked in Nursing Home Abuse for Illinois on
Q: When I admitted my Dad to the care facility we signed something that said something about arbitration.

But I feel like his death was due to their neglect - do we have an option to sue them?

Jonathan Rosenfeld
Jonathan Rosenfeld answered on Aug 23, 2016

Arbitration agreements in nursing home admissions have become increasingly common. The primary reason nursing homes have opted to include arbitration agreements is because they believe that disputes will be resolved more favorably for them. Additionally, since these arbitrations are not filed in... Read more »

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2 Answers | Asked in Wrongful Death and Workers' Compensation for Illinois on
Q: My husband was electrocuted and died on the job.

I feel the workplace was unsafe. Do I sue his employer or the subcontractor who maintained the space?

Jonathan Rosenfeld
Jonathan Rosenfeld answered on Aug 24, 2016

You likely have two separate claims. One would be benefits afforded to an injured worker's family under the Illinois Workers Compensation Act. These benefits will provide for yourself and your children pursuant to a statutory schedule of benefits.

If your husband's death was due to the...
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