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Questions Answered by Timothy J. Deffet
1 Answer | Asked in Uncategorized for Illinois on
Q: I received a subpeona in my name and my employers name, requesting patient account records. Do I personally have to go?
Timothy J. Deffet
Timothy J. Deffet
answered on Jul 24, 2012

You should speak to your employer ASAP. Yes, you should go it is probably for a trial and your testimony is needed to establish putting bills into evidence at trial. Make sure the request is not for records only which can sometimes be confusing.

1 Answer | Asked in Personal Injury for Texas on
Q: How is just compensation for sick leave consumed for attending doctor visits calculated in personal injury claims?

If my company has already paid me for sick leave hours used, but that reduces service time toward retirement calculations, and I may want to buy that time back later, can I be reimbursed for that in a personal injury claim? If so, how is the per hour reimbursement calculated?

Timothy J. Deffet
Timothy J. Deffet
answered on Jul 23, 2012

You should consult a Texas personal injury attorney immediately to assess your case. I am sure that they can answer this question for you. Normally speaking, lost wages are considered "economic damages" that can be potentially recovered at trial if you get a verdict in your favor. I am an... View More

1 Answer | Asked in Workers' Compensation for California on
Q: What do I do if I can't appear on date for which I've gotten a subpoena?
Timothy J. Deffet
Timothy J. Deffet
answered on Jul 23, 2012

Call the attorney listed on the subpoena immediately. Otherwise, show the subpoena to your boss at work and tell them it is a legal document (if proper subpoena)and tell them you need time off of work. Sometimes the attorney requesting you can get another date. Do NOT ignore the subpoena.

1 Answer | Asked in DUI / DWI for North Carolina on
Q: I got a ticket for not having a licence when driving while I was impaired

Will i have to pay a fine or go to jail for the DWI?

Timothy J. Deffet
Timothy J. Deffet
answered on Jul 23, 2012

Two things wrong: 1) you did not have a valid license to drive and 2) you were driving while drunk most likely. Consult a North Carolina traffic/DUI attorney immediately. Depending on the charges they may help you stay out of jail and lessen your fines. Sometimes, depending on the... View More

1 Answer | Asked in Consumer Law for Illinois on
Q: Can someone charge me storage fees for a vehicle being parked on their property without giving me any notice?
Timothy J. Deffet
Timothy J. Deffet
answered on Jul 23, 2012

If this is a mechanic's garaged and you left or abandoned the vehicle there, maybe. Need more facts

1 Answer | Asked in DUI / DWI for Illinois on
Q: My son was at his friend's house. One those kids brought beer. Friend driving hit a tree. who's responsible?
Timothy J. Deffet
Timothy J. Deffet
answered on Jul 23, 2012

It is no exactly clear what you are asking. Are you asking if someone is responsible for someone injured in the accident? Are you asking if someone is responsible for the property damage of the car and/or tree?

The first person that may be responsible is the person driving the car. If they...
View More

1 Answer | Asked in Criminal Law for Illinois on
Q: Do I only fill out the Affidavit In Support Of Petition to Expunge or Seal Form if my recored is unavailable to me?
Timothy J. Deffet
Timothy J. Deffet
answered on Jul 17, 2012

Look at the appellate defender website who have a packet to teach you how to file these. Or contact and attorney who handles these in Illinois. I do handle them.

http://www.state.il.us/defender/exp.html

1 Answer | Asked in Criminal Law for Illinois on
Q: 2 months ago I was taken to jail. And in the morning in court. I was told No charges have been filed No I have a warrant

I am on probation. And get off. In 3 weeks. Will I be able to.quash ths warrant.and get a court date

I was never notified , that I had the warrant. I found it myself online. possession of a controlled substance

Timothy J. Deffet
Timothy J. Deffet
answered on Jul 17, 2012

In this circumstance I would advise getting an attorney ASAP. He or she can help you prepare to submit yourself before the police just pick you up. Maybe something can be worked out on the charge and the probation.

1 Answer | Asked in Municipal Law for Illinois on
Q: I need to file a rule 222 disclosure statement in boone county il. is there a form available or what do i need to do?
Timothy J. Deffet
Timothy J. Deffet
answered on Jul 17, 2012

I would recommend looking at illinoisprobono.org. They have sample forms you can use. This should not be a substitute for legal advice from an attorney but it may be a start. Good luck.

1 Answer | Asked in Traffic Tickets for Illinois on
Q: I have an overwhelming fine for Driving with no insurance, is it any way i can get it lowered or an installment plan?
Timothy J. Deffet
Timothy J. Deffet
answered on Jul 17, 2012

This answer depends on what county you are in and if there are additional charges besides the insurance charge. If you receive supervision generally speaking you may have the full time period of the supervision to pay the fines. This may not be the case in all jurisdictions though and each county... View More

1 Answer | Asked in Traffic Tickets for Illinois on
Q: Can u supena a officers traffic ticket?
Timothy J. Deffet
Timothy J. Deffet
answered on Jul 17, 2012

The answers is it depends. Certain municipal violations do not always require that the officer be there and they do not have to appear (see administrative court in Chicago on Superior st.). However, generally speaking a speeding ticket or moving violation ticket, aside from parking violations... View More

1 Answer | Asked in Workers' Compensation for Illinois on
Q: An employee was hit by an forklift while crossing the aisle way. Person hit was looking in the opposite direction.

There was another forklift turning at the intersection, so the employee waited for the truck to clear and he started walking. He did not see the other truck speeding through the intersection and he monentarly looked in the opposite direction several feet into the intersection. The lift truck slid... View More

Timothy J. Deffet
Timothy J. Deffet
answered on Jul 17, 2012

I am not quite sure if you are speaking of only employees who have injured each other. In Illinois if you are an employee and are injured by a non-employee (here maybe another truck driving through an intersection-not clear) then you could possibly have a work comp case against your employer if you... View More

1 Answer | Asked in Personal Injury for Ohio on
Q: Why did the defendant move my personal injury lawsuit to federal court?

We filed complaint in county court and on the last day, Travelers filed for removal and a new case in federal court was assigned. I am not sure why.

What does this mean?

Timothy J. Deffet
Timothy J. Deffet
answered on Jul 17, 2012

What happened in your case is called "removal." Under certain circumstances this will occur generally happend when the parties are from all different states (diversity of citizenship) and the amount of damages claimed is over $75 grand. The federal statute below is quoted as... View More

1 Answer | Asked in Personal Injury for Virginia on
Q: My daughter was molested and she is 16

Does a criminal case need to happen first, or can we go ahead and sue the person that hurt her for damages?

Timothy J. Deffet
Timothy J. Deffet
answered on Jul 17, 2012

You should immediately contact the police and bring a criminal action. This person may continue to prey on your daughter and may be preying on other children right now because no one has followed up with the police. Please take note of the Sandusky case and how he slipped through the cracks for... View More

1 Answer | Asked in Personal Injury for Maryland on
Q: A hospital, medical examiner, and funeral home disposed of my son's body 3 days after he died without contact me first.

Since I am his next of kin, and they failed to contact me, what legal rights do I have against them?

Timothy J. Deffet
Timothy J. Deffet
answered on Jul 17, 2012

You should contact a Maryland attorney IMMEDIATELY. This is terrible and never should happen to anyone. I am terribly sorry for your loss and also for this horrible circumstance.

1 Answer | Asked in Employment Law for Illinois on
Q: Can I be fired for following my boss' directions?
Timothy J. Deffet
Timothy J. Deffet
answered on Jul 17, 2012

It is not quite clear what you are asking. Are you asking if you fail to follow the directions? Or are you asking if your boss is telling you to do something that is illegal or may hurt you or someone else?

1 Answer | Asked in Employment Law for Illinois on
Q: What is the law for schedule a person at work when they have to take public transportation to work?
Timothy J. Deffet
Timothy J. Deffet
answered on Jul 17, 2012

Are you asking if you get extra time to get to work than other people because you must take public transportation? The answer is no if that is the case.

1 Answer | Asked in Employment Law for Illinois on
Q: My employer told me that i had to come back to work or they would give my job away. i did and now my back is worse.

Im a nurse and i hurt my back on Oct 13th lifting a patient off the floor at work. After missing only 2 days of work my boss called me and told me that if i wasent going to be able to return to work by friday (would have only missed 3 days at that point) that she would have to find someone else to... View More

Timothy J. Deffet
Timothy J. Deffet
answered on Jul 17, 2012

If you had an accident at work in Illinois you may have a compensable case. If your doctor held you off work and you brought that "off work" slip or "restricted duty" slip to work which states you could only do limited work duties or none, then the employer is in the wrong. You... View More

1 Answer | Asked in Uncategorized for Illinois on
Q: Do I need lawyer to appear in court for notice of motion?
Timothy J. Deffet
Timothy J. Deffet
answered on Jul 17, 2012

It's not exactly clear what you are asking. A notice of motion is basically a document that is filed that informs, or gives "notice" to the other party in a lawsuit that they want to ask the judge to do something in the case, which may affect the other party's rights. You should... View More

1 Answer | Asked in Car Accidents for Illinois on
Q: If I am an occupant in a motor accident and the dirver fails to stop (hit-and-run) do I have a duty to report
Timothy J. Deffet
Timothy J. Deffet
answered on Jul 17, 2012

I would follow your conscience on this one. I think you know what to do.

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