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Questions Answered by Timothy J. Deffet

1 Answer | Asked in Car Accidents for Illinois on

Q: I was involved in a car accident. Both parties have State Farm ins. The other driver received a ticket for running a red

Light. I sustained a broken arm which required surgery. All bills are going through workmans comp. the car insurance is wanting me to sign release of information which includes all workman comp wages ,hours of work ,settlements ,etc. do I sign this release?

Timothy J. Deffet answered on Mar 18, 2013

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... Read more »

1 Answer | Asked in Workers' Compensation for Illinois on

Q: How does work comp know how much you are disabled after surgery?

Timothy J. Deffet answered on Mar 18, 2013

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... Read more »

1 Answer | Asked in Workers' Compensation for Illinois on

Q: I am in the process of a settlement and my Workers Comp company is saying they are insolvent. What does that mean for me

Timothy J. Deffet answered on Mar 18, 2013

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...
Read more »

1 Answer | Asked in Workers' Compensation for Illinois on

Q: Was my settlement fair? I was told I didn't need an lawyer unless I planned to sue.

I had my right dominant arm injured on the job.(Trying to stand a crate of marble into an elevator. Crate + arm + wall = Tennis elbow and Radial nerve entrapment)

I did therapy for 15 months for Tennis Elbow, in which I tried to return to work twice. I was unable to perform my job. My arm... Read more »

Timothy J. Deffet answered on Feb 4, 2013

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.

1 Answer | Asked in Adoption for Illinois on

Q: In what cases would lawyers consider taking a case pro bono.

Timothy J. Deffet answered on Jan 31, 2013

Take a look at this list of pro bono clinics.

http://www.ag.state.il.us/about/CHICAGO%20AREA%20LEGAL%20SERVICE%20PROVI...

1 Answer | Asked in DUI / DWI for Illinois on

Q: My son 24 years old got a DUI do we need a lawyer or should he plead guilty and take his punishment?

Timothy J. Deffet answered on Jan 31, 2013

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... Read more »

1 Answer | Asked in Insurance Bad Faith for Illinois on

Q: Does my Insurance with my Union,Violate ERISA Laws to cover my partner,in which IL. has a Civil Unions?

Timothy J. Deffet answered on Jan 31, 2013

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... Read more »

1 Answer | Asked in Arbitration / Mediation Law for Illinois on

Q: Do both parties have agree to go to medation?

Exwife has went court to many times. Judge order medation. if she cant come up with her money how do we get things resolved?

Timothy J. Deffet answered on Jan 31, 2013

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.

1 Answer | Asked in Workers' Compensation for Illinois on

Q: Workmans comp settlement offer

L was offered a settlement offer for a workmans comp injury, the attorney for the insurance comp. sent the offer to my attorney and l accepted the amount,then they sent the settlememt contract & a release & resignation form for me to sign, they want me to sign it before the settlement is approved... Read more »

Timothy J. Deffet answered on Jan 31, 2013

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... Read more »

1 Answer | Asked in Workers' Compensation for Illinois on

Q: If you had a injury at work but don't need surgery do you still get a settlement?

Timothy J. Deffet answered on Jan 31, 2013

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... Read more »

1 Answer | Asked in Workers' Compensation for Rhode Island on

Q: I'm getting a work comp settlement in RI also I'm now going into foreclosure can settlement be attached or lien put on i

Timothy J. Deffet answered on Dec 17, 2012

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.

1 Answer | Asked in Workers' Compensation for South Carolina on

Q: I was subpeoned to appear in court on 12/6/12 at noon. I received a phone call that the time was changed to 8:30 at 9:45

On the 6th. I was unable to comply because of work issues. Also, how was I to comply at 9:45am for an 8:30am case. I am now being told that the county commissioners will put out a warrent for my arrest for not attending the hearing. Is this possible? Also, the claiment in the workers comp case... Read more »

Timothy J. Deffet answered on Dec 17, 2012

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... Read more »

1 Answer | Asked in Car Accidents for Indiana on

Q: My son was hit while driving my car. Can I sue for property damage, seperately, while he sues for injury expenses?

Timothy J. Deffet answered on Dec 14, 2012

Yes but usually they will be consolidated or brought together to save judicial resources.

1 Answer | Asked in Car Accidents for Indiana on

Q: Do i need an accident attorney due to being involved in accident to settle with insurance company?

Timothy J. Deffet answered on Dec 14, 2012

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.

1 Answer | Asked in Child Support for Illinois on

Q: Do I need a lawyer to file for childsuport

Timothy J. Deffet answered on Dec 7, 2012

You don't have to have one but it may be a good idea. That is up to you to decide.

1 Answer | Asked in Lemon Law for Illinois on

Q: Do I have to have the truck in question to take a person to small claims court over it?

Early this year we bought a truck from a 3rd party and he did not tell us the whole problum of the truck.

We had no choice but to salvage it and get another car.

Do I still have to have the truck in question to take this guy to small claims to try and get some of the money back... Read more »

Timothy J. Deffet answered on Dec 7, 2012

Not necessarily.

1 Answer | Asked in Appeals / Appellate Law for Illinois on

Q: Why if I'm appealing an Admin Review Decision to the Circuit Court in Illinois, is Case Management being implemented?

Timothy J. Deffet answered on Dec 7, 2012

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.

1 Answer | Asked in Civil Litigation for Illinois on

Q: How do I file for dismissal of a civil complaint I filed in Cook County that has been settled? How do I notify defendant

Timothy J. Deffet answered on Dec 7, 2012

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... Read more »

1 Answer | Asked in Landlord - Tenant for Illinois on

Q: When a Order For Possession has gone to court and Enforcement of this judgement is stayed until 9-7-12 what happens next

Timothy J. Deffet answered on Dec 7, 2012

That usually means that enforcement of order is delayed until 9 7 12.

1 Answer | Asked in Landlord - Tenant for Illinois on

Q: What does it mean if a leasing manager asks tenants to pick up a check for interest earned on their security deposits?

Also, if they are asked to sign an agreement on how they would like to receive any future interest.

What is going on?

Timothy J. Deffet answered on Dec 7, 2012

IL law requires that interest (very little) be paid to tenants every year for their security deposit which is supposed to be held in a segregated bank account by LL.

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