Questions Answered by Robert D. Kreisman
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
In most cases as the one you described, the owner and the driver could be sued.
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.
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.
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 »
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?
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?
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 »
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? He... Read more »
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 each person who is... Read more »
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?
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.
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 and... Read more »
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 »
Q: Do people usually use the same lawyers for their appeals or is it better to hire someone else who specializes in it?
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 .
Q: How does one select a mediator? What if we can't agree on using the same person?
There are many neutral arbitration/mediation organizations in the Chicago area and around Illinois that provide solid work. It would be very strange if the lawyers involved couldn't agree on a mediator. In some cases, a mediation might be set by the presiding judge, sending the case to another... Read more »
Q: If someone is killed by a drunk driver, does the state file charges or are we able to sue for wrongful death?
A civil wrongful death lawsuit would not be prevented in the event the state brings a criminal action against the drunk driver. The two actions are completely separate. Whether there would be a criminal action filed depends on the facts and the investigation handled by the police/state.
Q: How much time do you have to sue after a botched surgery?
In Illinois the statute of limitations for negligence matters is two years.
Q: How do I gain control of my Mother’s care when my stepdad is not providing adequate care?
My mother has Alzheimer’s and her husband, my step dad is her primary care giver. He won’t let anyone else in the house and it’s obvious she needs more than he can provide but he won’t relent. Is there a way to gain custody or at least control of health care decisions without her... Read more »
In most states the avenue to take is in the probate court where you would petition the court to appoint you as guardian of the estate and person of your mother. You would most likely be required to present a Physician's Report that would identify specifically the medical condition that would lead... Read more »
Q: What is the consequence if the defendant does not show up for court in a civil damage suit from an auto accident in IN?
Suit filed in 2015 from 2013 accident. Plaintiff and lawyer habitually unresponsive to defendant lawyer. Damage suit, no lasting medical issues. Plaintiff asked $16000, $5000 offered, no response. Defendant lawyer asked for dismissal. Judge passed on mediation due to expense, set Oct. trial.... Read more »
The problem with an insured defendant not cooperating by refusing to attend the trial is insurance coverage. That would be risky. On the hand, the insurance company lawyer who is defending you, depending on the facts of the case, could also take the stance that admitting liability, but not the... Read more »
Q: does a verdict have to be unanimous in product liability case
It depends on the state jurisdiction. In Illinois, all jury trials need to be unanimous. If not, that would lead to a mistrial; a "hung jury." You should contact a FL attorney for the answer in your venue assuming you're speaking about a FL case. A federal jury case requires a unanimous... Read more »
Q: What are the biggest drawbacks to choosing to do arbitration rather than filing a lawsuit?
If there is an option rather than some mandatory requirement of a contract to arbitrate, filing a lawsuit has advantages in that the process would be before a court and/or a jury. On the other hand, arbitration may be more expedient and less expensive except that it may or may not be binding and... Read more »
Q: Can a general practitioner reject his existing Madicare patient if he stops working with Medicare insurance?
Yes.
Q: Can a girlfriend of boyfriend X-ray a minor (6&9) without written consent on one of the parents? Xrayed for fun
Xrayed for fun while left with her at work.
The girlfriend cannot do that! It seems incredibly reckless in my opinion.
Q: Who has a right to bring wrongful death claims on behalf of the deceased?
Under Illinois law anyone can "act" as the special administrator to serve in name as the plaintiff for the decedent. The persons who can receive compensation under the Illinois Wrongful Death Act are the "next of kin." In many cases a probate estate wherein the administrator or executor of the... Read more »
Q: How soon after the death can the survivors bring a wrongful death case?
It is my understanding the Massachusetts statute of limitations for a wrongful death claim must be brought within or before the expiration of 3 years from the date of death.
Q: My stepmom has filed a wrongful death suit due to my late fathers Mesothelioma. One as adminis,and one just in her name?
Filed in lillonois, lived in Tennessee
There's nothing wrong with a spouse suing for his/her loss of companionship in a wrongful death case and also bringing the lawsuit in the name of the estate of the deceased (as administrator or executor) for the benefit of the heirs of the decedent, which would include the spouse and the children... Read more »
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