Questions Answered by Robert D. Kreisman
Q: Can a relative be given Power of Attorney, to help another relative in a different state.
1 Answer
| Asked
in
Personal Injury, Car Accidents, Estate Planning and Family Law
for
Colorado
on
Answered on Jan 3, 2019
Answered on Jan 3, 2019
Robert D. Kreisman's answer
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 decisions on health care. I believe that a POA for health care signed in another state or jurisdiction would likely be honored in another state. By all means check with an attorney in your area who...
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 decisions on health care. I believe that a POA for health care signed in another state or jurisdiction would likely be honored in another state. By all means check with an attorney in your area who...
Q: Any way to keep my nephew from benefitting from my sister's death?
Robert D. Kreisman's answer
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 considered a "next-of-kin" claiming the loss of the death had with the decedent. If your sister survived this incident for any length of time before her passing then a survival claim could be made. In...
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 considered a "next-of-kin" claiming the loss of the death had with the decedent. If your sister survived this incident for any length of time before her passing then a survival claim could be made. In...
Q: Someone hit my car in a parking lot. I have provided him with two written estimates and now he refuses to respond.
Robert D. Kreisman's answer
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.
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?
Robert D. Kreisman's answer
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 don't be discouraged. Perhaps you will find another attorney in your area with a different view. Much depends on how you end up after the ordeal you went through.
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 don't be discouraged. Perhaps you will find another attorney in your area with a different view. Much depends on how you end up after the ordeal you went through.
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's answer
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 .
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?
Robert D. Kreisman's answer
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 judge to mediate. Assuming the mediation envisioned is nonbinding i can't imagine why a mediator couldn't be agreed upon and in the case of an impasse like the one you describe, I would ask your lawyer...
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 judge to mediate. Assuming the mediation envisioned is nonbinding i can't imagine why a mediator couldn't be agreed upon and in the case of an impasse like the one you describe, I would ask your lawyer...
Q: If someone is killed by a drunk driver, does the state file charges or are we able to sue for wrongful death?
Robert D. Kreisman's answer
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.
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?
Robert D. Kreisman's answer
In Illinois the statute of limitations for negligence matters is two years.
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?
Robert D. Kreisman's answer
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 the court to conclude that in the best interest of your mother, she is in need of a guardian. I urge you to contact an Tennessee attorney who handles guardianships in your area to understand all of...
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 the court to conclude that in the best interest of your mother, she is in need of a guardian. I urge you to contact an Tennessee attorney who handles guardianships in your area to understand all of...
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?
Robert D. Kreisman's answer
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 nature and extent of the alleged injury and damages may be a solid position to take in defense of the case. If an admission of liability were the course taken, then you as defendant would not be...
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 nature and extent of the alleged injury and damages may be a solid position to take in defense of the case. If an admission of liability were the course taken, then you as defendant would not be...
Q: does a verdict have to be unanimous in product liability case
Robert D. Kreisman's answer
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 verdict.
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 verdict.
Q: What are the biggest drawbacks to choosing to do arbitration rather than filing a lawsuit?
Robert D. Kreisman's answer
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 even if it is binding and you win, the defendant may not pay. If you file in court and prevail, then you have a judgment to execute which would be better in that case.
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 even if it is binding and you win, the defendant may not pay. If you file in court and prevail, then you have a judgment to execute which would be better in that case.
Q: Can a girlfriend of boyfriend X-ray a minor (6&9) without written consent on one of the parents? Xrayed for fun
Robert D. Kreisman's answer
The girlfriend cannot do that! It seems incredibly reckless in my opinion.
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?
Robert D. Kreisman's answer
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 decedent's estate would serve as the plaintiff on behalf of the decedent. A probate estate is opened especially if the decedent had a period of survival and thus a Survival Act count would be included in...
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 decedent's estate would serve as the plaintiff on behalf of the decedent. A probate estate is opened especially if the decedent had a period of survival and thus a Survival Act count would be included in...
Q: How soon after the death can the survivors bring a wrongful death case?
Robert D. Kreisman's answer
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.
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?
Robert D. Kreisman's answer
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 of the deceased.
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 of the deceased.
Q: when you sign settlement paper how many days must you legally wait before you get the check??
Robert D. Kreisman's answer
It depends on the law in your jurisdiction. For example, Illinois has law directly on point of your question. You should ask this question to the lawyer handling your case or an attorney in your area.
It depends on the law in your jurisdiction. For example, Illinois has law directly on point of your question. You should ask this question to the lawyer handling your case or an attorney in your area.
Q: A car rear-ended me at a stoplight and I, in turn, hit the car in front of me. The person in the front-most car got
Robert D. Kreisman's answer
They can sue you, but would not do so because of the obvious fact that your involvement was caused by the party who rear-ended you. If you were injured you could bring a claim or lawsuit against the party who rear-ended you.
They can sue you, but would not do so because of the obvious fact that your involvement was caused by the party who rear-ended you. If you were injured you could bring a claim or lawsuit against the party who rear-ended you.
Q: Can a monetary tort claim be amended even if I've filed my lawsuit already and I discovered new evidence to ask for more
1 Answer
| Asked
in
Personal Injury, Civil Litigation and Gov & Administrative Law
for
Wisconsin
on
Answered on Jun 14, 2018
Answered on Jun 14, 2018
Robert D. Kreisman's answer
In most jurisdictions a complaint may be amended anytime up through judgment as long the amendment conforms to the proofs. In your situation depending on your state's procedural law, I think it would be routine to amend your complaint to raise the ad damnum (or the claim for damages) that are in keeping with what you believe to be your damages for your injuries. In my county where I principally practice, a complaint for damages other than in contract would be alleged to be an amount in excess...
In most jurisdictions a complaint may be amended anytime up through judgment as long the amendment conforms to the proofs. In your situation depending on your state's procedural law, I think it would be routine to amend your complaint to raise the ad damnum (or the claim for damages) that are in keeping with what you believe to be your damages for your injuries. In my county where I principally practice, a complaint for damages other than in contract would be alleged to be an amount in excess...
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