Timothy J. Deffet's answer DO NOT SIGN ANYTHING until you get an attorney. The releases will give them unlimited access to every record, medical, work or otherwise under the sun. If you got into an accident while driving for work, then you may have a work comp claim against your employer and a "third-party" claim against the driver of the vehicle that hit you. You should also make sure you go to court and speak to the prosecutor at the red light ticket court hearing and tell them you are there or else they will dismiss...
Timothy J. Deffet's answer This is a complicated question. If you are asking in IL how much you will be considered disabled under the law there are many factors. A seasoned attorney will review all your medical records, educational background, job, age and numerous other factors to try to negotiate a fair settlement for you and if there is not a fair offer, to prep you and try the case. Also please take a look at the FAQ section on the IWCC website for some basica. http://www.iwcc.il.gov/faq.htm
Timothy J. Deffet's answer If you have an IL claim you should contact and IL attorney right away as this is too complicated to be answered in one posting. This is taken from the IWCC website:http://www.iwcc.il.gov/insurance.htm
"What happens if an insurer goes bankrupt?
If an insurance company or a group workers' compensation trust becomes insolvent, the Illinois Department of Insurance, Office of the Special Deputy, takes over the company and performs the receivership duties. Go to the OSD website for...
Timothy J. Deffet's answer It is extremely difficult to give you a straight answer because a lawyer needs to review all your medical records, bills, wage, doctors at issue, whether your employer sent you to a fair "IME" which is really a Section 12 DEFENSE doctor exam in Illinois.
Timothy J. Deffet's answer I would definitely get a lawyer. Sometimes there was no probable cause to arrest, sometimes improper warnings were given before a breath test was given or refused, sometimes evidence is destroyed, sometimes breath test machine has been improperly maintained, sometimes the officer did not perform the field tests properly. Especially a first timer you don't want to just plead out. Let an experienced DUI attorney review it. I,as well as many other attorneys in Illinois could handle it.
Timothy J. Deffet's answer It is difficult to figure out what exactly you are asking in this question. If you are asking if an IL health plan has to cover your partner, I believe the answer is yes as of June 2011. Look at this pdf from the IL Dep. of Insurance which is a FAQ.
Timothy J. Deffet's answer If the Judge orders it behooves you to go. It it usually always a good idea to do a mediation. Arbitration is actually a different thing. Sometimes there is "mandatory arbitration" in Illinois cases which have a certain $ amount claimed.
Timothy J. Deffet's answer Each case is different but I normally counsel clients not to sign any other release when handling comp case. However, you may be getting additional consideration for resigning I don't know. Only you and your attorney know the facts of your case and the reasoning for same. You should have a detailed conversation with your attorney on this. The company wants you off their books so no new injuries at their employ.
Timothy J. Deffet's answer It depends on whether you can prove the case or not but surgery is not necessary by itself to have a settlement. You never have to get ANY treatment you do not want to get. It is important to note that if you settle your case you usually close out your right to future medical though unless medical remains open. It is worth it to consult with an attorney who handles these. I do this work and many other attorneys in Illinois. They are always free consultations and the attorneys do not get dime...
Timothy J. Deffet's answer That is a good question. In most states a "lien" cannot be attached to a workers' compensation settlement unless the government (IE Medicare or Medicaid) has paid benefits related to this work comp injury. However, you should consult ASAP with a RI attorney who does work comp.
Timothy J. Deffet's answer Call the attorney who sent the subpoena and arrange to be there for next date if there is one. Please remember the Court and the attorneys are at the will of other trials and other legal cases beyond their control-never ignore a subpoena. Get in touch with the firm and see if a new date can be given or obey the subpoena. You may not know the context of your testimony-it may have nothing to do with what you think it is. Never lie- I don't think the attorney wants that all that can do is destroy...
Timothy J. Deffet's answer No. But studies have shown you probably get about 4-5 times more $ than without an attorney. The studies were done by guess who??? The insurance companies! They try to keep you from an attorney because they KNOW they will have to pay less if they pay you at all.
Timothy J. Deffet's answer It is a bad idea for a non attorney to do this in my opinion. Alot of traps for the unwary, even for experienced attorneys, regarding appeals. This is not something that can be easily answered in an online post.
Timothy J. Deffet's answer Usually the defendant is in the case (meaning made appearance). If this is not the case send dismissal to last known address. If you sued them properly you may have this. If you just want to dismiss you can just file a stip to dismiss or dismissal with prejudice. Make sure that you get your settlement $ if that is the case.
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