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Questions Answered by Robert D. Kreisman
2 Answers | Asked in Personal Injury, Employment Law and Civil Litigation for Illinois on
Q: Illinois removal from federal court

I am a plaintiff in a case in which the defendant removed the case from state to federal court. It has now been remanded back to state court. Defendants filed a motion to dismiss in fed court which wasnt resolved. Defendants are now seeking to dismiss case in state court based upon the motion to... View More

Robert D. Kreisman
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Robert D. Kreisman
answered on Feb 26, 2022

I believe that once the federal court is divested of jurisdiction and thus any authority over the pending case, that the motion to dismiss filed in federal court would have to be filed in the state proceeding to heard. That seems to be the case where although the motion to dismiss was filed in the... View More

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3 Answers | Asked in Workers' Compensation and Health Care Law for Illinois on
Q: Question about a family member who is hospitalized

My brother is hospitalized after having a stroke, he not able to communicate well but for hospital aid and benefits we need to access thinks like bank statements and pay stubs. They haven’t been given to us at the bank or his job. Is there some legal paper we can get to be able to access that on... View More

Robert D. Kreisman
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Robert D. Kreisman
answered on Jan 19, 2022

Unless someone has power of attorney for financial purposes, a person could petition for guardianship of the estate and person, but that would take a bit of time. I urge you to contact an attorney who handles guardianship of persons with an alleged disability.

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2 Answers | Asked in Car Accidents and Personal Injury for Illinois on
Q: I was involved in a minor accident & I have no insurance. Will I have to go to court? They sent me an attorney lien lett
Robert D. Kreisman
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Robert D. Kreisman
answered on May 4, 2021

The short answer is that a lawyer for the party who may claim some injury has sent you the form letter that generally kicks off such a case. I'm sure the letter asks you to report this incident to your insurer, which you don't have. Many lawyers in your situation will turn to their... View More

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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
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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
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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... View More

Robert D. Kreisman
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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.

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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
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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
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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... View More

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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
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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... View More

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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... View More

Robert D. Kreisman
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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... View 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... View More

Robert D. Kreisman
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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... View More

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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
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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.

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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
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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... View More

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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... View More

Robert D. Kreisman
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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... View 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... View More

Robert D. Kreisman
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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... View More

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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
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Robert D. Kreisman
answered on Jun 25, 2019

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

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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
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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... View More

Robert D. Kreisman
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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
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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... View 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?... View More

Robert D. Kreisman
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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... View More

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