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Questions Answered by Josh Rohrscheib
2 Answers | Asked in Wrongful Death for Illinois on
Q: My daughter was killed in a car accident and the other party was definitely at fault. She was a med student. How do we

as her parents determine her future earnings so we can sue for lost earning potential?

Josh Rohrscheib
Josh Rohrscheib answered on Oct 23, 2017

This is an unimaginably difficult situation for any parent to endure. Please do not add the burden of trying to navigate the complexities of handling a wrongful death action on your own. There are many nuances to handling these claims, including complexities concerning medial liens, determining... Read more »

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1 Answer | Asked in Election Law for Texas on
Q: If I think voter fraud has occurred at my local precinct, who do I speak to about this to ensure it's looked into?
Josh Rohrscheib
Josh Rohrscheib answered on Sep 13, 2017

I'd talk to the County Clerk, unless you think that's the source of the fraud. Perhaps then turn to your State's Attorney. If you don't get any traction, you might raise the issue with the chairman of the county party adversely impacted by the fraud. They may be able to get more traction in... Read more »

1 Answer | Asked in Small Claims and Landlord - Tenant for Illinois on
Q: In IL Can I tow a tennants vehicle after serving a 5 day notice after the 5 days? or do I have to wait until the end?
Josh Rohrscheib
Josh Rohrscheib answered on Sep 13, 2017

You should absolutely wait until the end and until after you have a judgment for possession for the premises.

1 Answer | Asked in Animal / Dog Law for Illinois on
Q: My neighbor drove his golf cart onto my property and hit my 11year old dog who was chained up outside. Can I sue?

My dog may lose her leg and I have huge vet bills.

Josh Rohrscheib
Josh Rohrscheib answered on Sep 13, 2017

Yes, you can sue. You should try to discuss it with your neighbor first to see if he will help with vet costs. I'm assuming your neighbor is more moron than monster and this was accidental. If you think his conduct was deliberate, there is a statute that allows for more serious damages for claims... Read more »

1 Answer | Asked in Small Claims for Illinois on
Q: Can I be taken back to court for a small claim case that was already dismissed? I appeared but the plaintiff did not.

I was being sued by a finance company for the balance of a reposessed vehicle. I live in Indiana but they are out of Illinois. I appeared in court, they did not. The judge then dismissed the case. Two weeks later I receive a letter showing that they filed a motion to vacate the dismissal. I feel... Read more »

Josh Rohrscheib
Josh Rohrscheib answered on Sep 13, 2017

If you would have been defaulted, the court would almost certainly allow you to vacate the default if you moved to do so within 30 days. Courts prefer for disputes to be decided on the merits rather than on a default basis. You should consider hiring a lawyer to defend your position. Good luck.

1 Answer | Asked in Probate for Illinois on
Q: Will the Small Estate Affidavit (SEA) for Cook Cty also satisfy the SEA needed by the IL Sec of St for title transfer?

Or do I need to prepare both forms for my recently deceased mother? The forms posted by Cook Cty and IL Sec of State are slightly different. In addition to the car title transfer, I need to provide a form for an investment account.

Josh Rohrscheib
Josh Rohrscheib answered on Sep 13, 2017

The safest bet is using the form from the Illinois Secretary of State.

1 Answer | Asked in Animal / Dog Law, Employment Law and Personal Injury for Illinois on
Q: my dog bit my downstairs neighbor in our shared backyard. he went to emergency room but refuses to show

he refuses to show me any medical costs, nor proof of any lost wages. he claims he lost his contractor job, but refuses to show me any proof of this. His wound is not very bad (the dog was clearly trying to defend me, not attack him), but he has hired a lawyer. We spoke and agreed informally that... Read more »

Josh Rohrscheib
Josh Rohrscheib answered on Sep 13, 2017

If you have homeowners insurance or renters insurance, advise them of the claim immediately. You shouldn't pay $5,000 without some kind of evidence. You can probably pay a lawyer for a few hours of time if you want to settle to review everything for you and draw up a settlement agreement and... Read more »

1 Answer | Asked in Personal Injury for Illinois on
Q: If a driver was insured but was driving another vehicle that wasnt on his insurance do i go after his insurance or him

He is at fault and other car is insured

Josh Rohrscheib
Josh Rohrscheib answered on Sep 13, 2017

Was the vehicle he was driving insured? If so, I'd start with bringing a claim against that policy. If not, you could try asserting a claim against the driver's policy. Ultimately, the smartest thing you can do is protect yourself from other drivers who might not have adequate insurance coverage... Read more »

1 Answer | Asked in Real Estate Law and Personal Injury for Illinois on
Q: I wasnt warned that the building at my showing was a construction zone. I fell and injured myself inside the property.

Is there anything I can do? The broker didn't even ask if I was ok or offered to help me with medical atention

Josh Rohrscheib
Josh Rohrscheib answered on Sep 13, 2017

Unfortunately, it's hard to give you meaningful advice without more information. Are you a realtor? What exactly caused your fall? How serious are your injuries? Feel free to contact me at the office if you'd like to discuss your specific situation in detail. Best wishes for a speedy recovery!

2 Answers | Asked in Estate Planning for Illinois on
Q: Can property given by the decedent 7 years before death count as part of the recipient's share of the estate?

My grandmother gave me her china for my 2009 wedding, and the executor included it (as well as items given to me in 2013) as part of my intended third of the estate after my grandmother's 2016 death.

Josh Rohrscheib
Josh Rohrscheib answered on Sep 13, 2017

I agree with Mr. Choudhry's response.

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2 Answers | Asked in Election Law for Illinois on
Q: The campaign workers for one candidate in my town have been stealing political mailers sent out by the other candidate.

Can they get in trouble for this?

Josh Rohrscheib
Josh Rohrscheib answered on Sep 13, 2017

Yes. It could also create a little political damage if this becomes a story.

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2 Answers | Asked in Wrongful Death for Illinois on
Q: My grandson died in a motorcycle accident - he wasn't wearing a helmet

-- but didn't wear one b/c the driver said he didn't need it. As the grandparent, can I sue the driver?

Josh Rohrscheib
Josh Rohrscheib answered on Sep 13, 2017

I am very sorry for your loss. We would need more information to be able to answer your question. If you'd like to contact our office, I'd be happy to discuss this with you.

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2 Answers | Asked in Estate Planning and Real Estate Law for Illinois on
Q: Deceased parents' estate left to me in will. Do i have to take ownership? Estate underwater, now city wants to demolish

My mother passed away in 2012, my father in 2010. They left their real estate property to me, but since it was underwater I didn't accept ownership. Mailed the keys and a letter stating i was not executor to the mortgage company. Now, years later, the city has summoned me to court to state a... Read more »

Josh Rohrscheib
Josh Rohrscheib answered on Sep 13, 2017

You may be able to get them off of your back if you record a document called a "Disclaimer" and do so right away. Get help from a real estate lawyer if you can. After you record the disclaimer, show it to the City and see if you can negotiate a dismissal.

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3 Answers | Asked in Wrongful Death for Illinois on
Q: If someone dies in an auto accident, but they were drunk, can the family sue the bar that

served the person for wrongful death?

Josh Rohrscheib
Josh Rohrscheib answered on Sep 13, 2017

Yes. You should contact an attorney right away.

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4 Answers | Asked in Car Accidents, Insurance Bad Faith and Personal Injury for Illinois on
Q: Is it normal for adjuster to send details to my boss about an open claim to pressure me to settle?

I was injured when rear ended by an uninsured motorist while driving a company vehicle. I'm currently going back and forth with my company's insurance. The adjuster keeps threatening to close the claim, trying to pressure me into signing the release. Recently, he sent an email to my supervisor... Read more »

Josh Rohrscheib
Josh Rohrscheib answered on Sep 13, 2017

Insurance adjusters apply all sorts of tactics to pressure you to take less money than your claim is worth. I'd recommend hiring a personal injury lawyer to help you and who can deal with the adjuster on your behalf. I'd start by looking for a lawyer who is a member of the Illinois Trial Lawyers... Read more »

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3 Answers | Asked in Personal Injury and Animal / Dog Law for Illinois on
Q: How am I liable for someone else's dog?

I lived with a man in a house. He rented the house and everything in the house was in his name. Nothing belonged to me. He had a dog that never acted mean but ended up biting the mailman one afternoon. I am being sued. In the paperwork it says I was an owner. Animal control took the report... Read more »

Josh Rohrscheib
Josh Rohrscheib answered on Sep 13, 2017

You should strongly consider hiring a lawyer to defend your claim. Under the Animal Control Act, "Owner" means any person having a right of property in an animal, or who keeps or harbors an animal, or who has it in his care, or acts as its custodian, or who knowingly permits a dog to remain on any... Read more »

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2 Answers | Asked in Personal Injury for Illinois on
Q: When you get a personal injury settlement do you get all the money at once?
Josh Rohrscheib
Josh Rohrscheib answered on Sep 13, 2017

It depends. The answer is usually yes, but sometimes parties agree to other terms. Also, sometimes a lawyer might need to hold back part of your settlement to cover any liens from doctors and insurance companies while they finish attempting to negotiate reductions in your medical liens. In several... Read more »

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2 Answers | Asked in Juvenile Law and Personal Injury for Illinois on
Q: If your 21 and fight a minor can the minor sue you
Josh Rohrscheib
Josh Rohrscheib answered on Sep 13, 2017

Absolutely. And don't take false hope by relying on the statute of limitations to pass in two years. The limitations period will not begin to run until the minor becomes an adult.

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