Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Robert D. Kreisman
1 Answer | Asked in Personal Injury and Medical Malpractice for Illinois on
Q: APPEARANCE FILED - FEE PAID - (JURY DEMAND) What does this mean
Robert D. Kreisman
Robert D. Kreisman answered on Apr 15, 2021

This means that the defendant(s) has filed an appearance and a demand for jury trial. This filing would almost always be filed by the attorney(s) representing the defendant(s).

1 Answer | Asked in Agricultural Law, Civil Rights and Environmental for Illinois on
Q: My neighbor waits until dark to burn excavation site junk. Makes breathing hard. Is this illegal? Can we stop him?

He burns demolished houses, tires, and anything that will burn. The smoke cloud is immense, and always blows all over the neighborhood. I can't breathe inside my own home.

Robert D. Kreisman
Robert D. Kreisman answered on Nov 29, 2020

My suggestion would be to contact your local alderman (if you live in the City of Chicago) or your local municipal government. I would be fairly sure that what your neighbor is doing, burning material putting off noxious odors, is in violation of local, municipal, and state law.

2 Answers | Asked in Car Accidents for Illinois on
Q: I need your advice, Someone ALLOWS you to drive their car. You have an accident. They claim it on their insurance.

The insurance totals it out and cuts them a check for $6300 which goes to the bank leaving them owing $700. They then turn around and say you need to pay them $6000. Does this seem right? Not denying that something has to be paid, but it seems that they are trying to get paid twice. Advice me... Read more »

Robert D. Kreisman
Robert D. Kreisman answered on Oct 25, 2020

Asking for $6000 on top of the insurance money received for the totaled car is seemingly a windfall to this person. Based on just these bit of facts i don't think you owe anything other than at most the difference this person may owe on the car loan; $700.

View More Answers

1 Answer | Asked in Insurance Bad Faith and Medical Malpractice for Illinois on
Q: Can dr be liable for a bad surgery

Had shoulder surgery and still having problems from it and I have a long painful scar and nerve damage now can the hospital be liable for my problems after surgery,loss of grip nerve pains from my shoulder to my hand

Robert D. Kreisman
Robert D. Kreisman answered on Oct 23, 2020

Much depends when, where, and most importantly whether your nerve damage was caused by a deviation from the standard of care during this surgery. It's impossible to know the answer to the last point without a thorough review of your hospital records, your operative report, and post-operative care.

2 Answers | Asked in Personal Injury for Illinois on
Q: I was working at a customer's house and I injured my knee very badly so badly that I have to have an emergency surgery t

Can I sue her homeowners insurance company I'm pretty sure I can I need to do something very quickly

Robert D. Kreisman
Robert D. Kreisman answered on Oct 4, 2020

Two things come to mind. Were you working for an employer who carries workers' compensation insurance? Secondly, to your question on whether you can sue the homeowner for your injuries depends on what you believe was the cause of your knee injury. Was there something unsafe that the... Read more »

View More Answers

2 Answers | Asked in Car Accidents for Illinois on
Q: If you back into someone in a parking lot with a car that you do not have insurance for are you held reliable for damage

I know this sounds like a simple question but what if have insurance for your own vehicle. can that insurance pay for the damages.

Robert D. Kreisman
Robert D. Kreisman answered on May 18, 2020

Yes you would be liable for the property damage to the other vehicle. I am assuming the gist of your question is insurance coverage. You stated that the vehicle you were operating that caused the damage to the other vehicle was uninsured. Nevertheless, liability would remain and thus you would be... Read more »

View More Answers

1 Answer | Asked in Medical Malpractice for Illinois on
Q: Medical related, is this a case?

High risk relative was in hospital for almost a month. Had right leg amputated from infection, but still wasn’t leaving hospital anytime soon. Was given drugs several times a day. At night he coded after being given drugs but wasn’t hooked up to any machines. (Don’t know why, he was on... Read more »

Robert D. Kreisman
Robert D. Kreisman answered on Mar 8, 2020

It could be a case, but like all potential medical negligence cases in Illinois, the entire hospital and medical charts would have to be reviewed. A doctor practicing in the same or similar practice of medicine as those who may be negligent would have to be able to author a certificate of merit... Read more »

3 Answers | Asked in Personal Injury and Insurance Defense for Illinois on
Q: When do I send out my demand letter?

I’ve spoken with the other party’s insurance adjuster haven’t signed anything or given a recorded statement. Just given him a few pieces of my medical records pertaining to this injury. I am still have ongoing medical treatment. I have no attorney I’m handling this insurance claim all by... Read more »

Robert D. Kreisman
Robert D. Kreisman answered on Mar 9, 2020

I generally send out a demand letter after my client has completed all of their medical care and with the letter I would enclose or attach a list of all medical providers with the amount of their respective bills. I would also enclose or attache with the letter all of your related medical records... Read more »

View More Answers

2 Answers | Asked in Car Accidents for Illinois on
Q: My son had a accident in the family car his insurance paid the other person but know 9 months later she is suing all

Of us in civil court even though she hit him but he received the ticket for failing the right away

Robert D. Kreisman
Robert D. Kreisman answered on Jan 6, 2020

Even in such a doubtful claim, you should immediately notify your insurance company of the lawsuit who will or should take care of this and defend all.

View More Answers

2 Answers | Asked in Car Accidents for Illinois on
Q: I am being sued for a car accident 2 years ago and I cant afford an attorney. What do I do?

I was in a car accident in 2017 and now I received a court summons that says I am being sued for over $50K. I had auto insurance at the time but they aren’t responding to me now. I am a single mother living in a low wage job, I can’t even afford an attorney. What do I do??

Robert D. Kreisman
Robert D. Kreisman answered on Oct 25, 2019

I think that you should call the plaintiff's lawyer as soon a possible and let that person know you are uninsured. Most lawyers will then request from the Illinois Secretary of State a form letter that in fact you are uninsured and proceed not against you, which would be fruitless, but instead... Read more »

View More Answers

1 Answer | Asked in Medical Malpractice for Illinois on
Q: My wife has been sick after her bariatric bypass surgery.

She is suffering from chronic pain under her right ribs nearly a year. She was hospitalized earlier this year for a week with absolutely NO results or explanations. She has recently undergone an upper endoscopy and still no answers or results. To add insult to injury, her boss is stopping her... Read more »

Robert D. Kreisman
Robert D. Kreisman answered on Oct 18, 2019

I can understand your frustration. Diagnosis and treatment is critical. I would search for another medical specialist to investigate your wife's ailment as soon as practicable. It seems very strange given all of the uncomfortable testing, hospital stays that your wife has undergone that... Read more »

4 Answers | Asked in Car Accidents, Civil Rights, Constitutional Law and Personal Injury for Illinois on
Q: Civil Case Against UBER Techs, Rasier LLC and the Drivers Negligence caused my accident in Illinois. To my Son and I.

December 24th, 2017 @ 7:03 the driver sped thru the intersection failing to stop at all and with speed. I drove through my intersection w/ no stop sign and I t-boned the driver with passenger through the UBER app. Driver was driving with 2 moving violations of speeding over 15 mph within that year... Read more »

Robert D. Kreisman
Robert D. Kreisman answered on Sep 11, 2019

Your case should be postured to file suit soon based on your fact description. I would urge you to hire an experienced attorney if you haven't done so already. The "Driver's" traffic violation records may not come in as evidence necessarily and will likely be challenged as to... Read more »

View More Answers

3 Answers | Asked in Car Accidents for Illinois on
Q: My husband owns the car . I was driving it and had a car accident. The insurance has both names on it...who will be sued
Robert D. Kreisman
Robert D. Kreisman answered on Jun 25, 2019

In most cases as the one you described, the owner and the driver could be sued.

View More Answers

1 Answer | Asked in Car Accidents and Civil Litigation for Illinois on
Q: So I have no small claims case now?

I made a claim against other party's auto insurance for damage to my vehicle. Their auto insurance company denied my claim, said their client is not legally responsible.

Robert D. Kreisman
Robert D. Kreisman answered on Apr 5, 2019

Assuming you didn't already make a claim for the property damage with your own insurer, you are not prohibited from filing your own case for the damages. First, make sure your carrier is not already pursuing this claim.

1 Answer | Asked in Medical Malpractice for Illinois on
Q: I went to the e.r. with symptoms of a mild stroke. The e.r. dr said I didnt have a stroke. Can I sue?

I was being treated with mild antibiotics for an absessed tooth, but went to e.r. with left side paralysis, left side limping and left arm numb. The e.r. dr. said I didnt have a stroke and sent me home with more potent antibiotics for the tooth. 3 days later, I went to a different e.r. with same... Read more »

Robert D. Kreisman
Robert D. Kreisman answered on Apr 5, 2019

Depending on the timing it certainly sounds like something that a lawyer would want to investigate.

I'm sorry this happened to you. What are you current complaints and/or current condition?

1 Answer | Asked in Personal Injury, Car Accidents, Estate Planning and Family Law for Colorado on
Q: Can a relative be given Power of Attorney, to help another relative in a different state.

This is because of a car-pedestrian accident. The injured party needs to hire a PI lawyer, and he isn't well versed in claims and because of the injury, a family member needs to be able to be the contact to assist the lawyer and make medical decisions. Is the dual state a problem?

Robert D. Kreisman
Robert D. Kreisman answered on Jan 3, 2019

The first issue is whether the injured party is of sound mind and memory and/or has the capacity to sign a POA. If the injured person hires an attorney, then that attorney would be empowered by the attorney-client contract in most instances to handle most of the issues you raise excepting the... Read more »

1 Answer | Asked in Wrongful Death for North Carolina on
Q: Any way to keep my nephew from benefitting from my sister's death?

She was killed in NC when a mattress fell onto highway from a truck. My mother, my sister's fiance (who has filed suit) and my nephew who chose to be estranged from my sister are alive. If the family sues can we bar him from benefitting since he was so cruel to his mother when she was alive?... Read more »

Robert D. Kreisman
Robert D. Kreisman answered on Jan 3, 2019

I'm not familiar with North Carolina's law on wrongful death claims. In many jurisdictions there are wrongful death acts that give weight to the relationship that a "next-of-kin" has with the decedent. In other words a court and/or jury would consider what if any relationship... Read more »

2 Answers | Asked in Car Accidents for North Carolina on
Q: Someone hit my car in a parking lot. I have provided him with two written estimates and now he refuses to respond.

I have tried multiple time to contact him once I sent the estimates and he refuses to answer. What are my options at this point?

Robert D. Kreisman
Robert D. Kreisman answered on Jan 3, 2019

Assuming you reported this to the local police and your insurance company, if your collision insurance does not cover this incident for some reason, you can file a property damage claim. You would need to either repair the damage and have a paid bill or have an estimate of the cost of the repair.

View More Answers

2 Answers | Asked in Medical Malpractice for Minnesota on
Q: Do you think I have a good chance of winning a lawsuit for medical malpractice and pain and suffering?

The nursing home didn't call a ambulance and told me to just ellivate it and ice it when my whole leg was swollen red and hot to the touch because I had a major infection growing all over my three metal plates and 18 screws in my leg! If it wouldn't of been for my cardiologist seeing it... Read more »

Robert D. Kreisman
Robert D. Kreisman answered on Jan 2, 2019

The case of medical malpractice is about the negligence which includes damages. Most of these cases are enormously expenses to prosecute. It seems from your description of your possible case that you have made a decent recovery. In my opinion, this would not be a case we would take on. Please... Read more »

View More Answers

1 Answer | Asked in Appeals / Appellate Law for California on
Q: Do people usually use the same lawyers for their appeals or is it better to hire someone else who specializes in it?
Robert D. Kreisman
Robert D. Kreisman answered on Aug 18, 2018

I would suggest that it is generally better to hire an attorney who specializes in appellate work. There are just too many possible technical requirements in appellate work that if not met could foil your case .

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.