Questions Answered by Robert D. Kreisman

Q: So I have no small claims case now?

1 Answer | Asked in Car Accidents and Civil Litigation for Illinois on
Answered on Apr 5, 2019
Robert D. Kreisman's answer
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?

1 Answer | Asked in Medical Malpractice for Illinois on
Answered on Apr 5, 2019
Robert D. Kreisman's answer
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.

1 Answer | Asked in Personal Injury, Car Accidents, Estate Planning and Family Law for Colorado on
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...

Q: Any way to keep my nephew from benefitting from my sister's death?

1 Answer | Asked in Wrongful Death for North Carolina on
Answered on Jan 3, 2019
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...

Q: Someone hit my car in a parking lot. I have provided him with two written estimates and now he refuses to respond.

2 Answers | Asked in Car Accidents for North Carolina on
Answered on Jan 3, 2019
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.

Q: Do you think I have a good chance of winning a lawsuit for medical malpractice and pain and suffering?

2 Answers | Asked in Medical Malpractice for Minnesota on
Answered on Jan 2, 2019
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.

Q: Do people usually use the same lawyers for their appeals or is it better to hire someone else who specializes in it?

1 Answer | Asked in Appeals / Appellate Law for California on
Answered on Aug 18, 2018
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 .

Q: How does one select a mediator? What if we can't agree on using the same person?

2 Answers | Asked in Arbitration / Mediation Law for Illinois on
Answered on Aug 18, 2018
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...

Q: If someone is killed by a drunk driver, does the state file charges or are we able to sue for wrongful death?

4 Answers | Asked in Wrongful Death for Massachusetts on
Answered on Aug 17, 2018
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.

Q: How much time do you have to sue after a botched surgery?

1 Answer | Asked in Medical Malpractice for Illinois on
Answered on Aug 17, 2018
Robert D. Kreisman's answer
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?

1 Answer | Asked in Estate Planning for Tennessee on
Answered on Aug 14, 2018
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...

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?

1 Answer | Asked in Car Accidents for Indiana on
Answered on Aug 13, 2018
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...

Q: does a verdict have to be unanimous in product liability case

1 Answer | Asked in Products Liability for Florida on
Answered on Aug 9, 2018
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.

Q: What are the biggest drawbacks to choosing to do arbitration rather than filing a lawsuit?

2 Answers | Asked in Arbitration / Mediation Law for Florida on
Answered on Aug 8, 2018
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.

Q: Can a girlfriend of boyfriend X-ray a minor (6&9) without written consent on one of the parents? Xrayed for fun

1 Answer | Asked in Medical Malpractice for Arkansas on
Answered on Aug 4, 2018
Robert D. Kreisman's answer
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?

1 Answer | Asked in Wrongful Death for Illinois on
Answered on Aug 4, 2018
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...

Q: How soon after the death can the survivors bring a wrongful death case?

3 Answers | Asked in Wrongful Death for Massachusetts on
Answered on Aug 4, 2018
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.

Q: My stepmom has filed a wrongful death suit due to my late fathers Mesothelioma. One as adminis,and one just in her name?

1 Answer | Asked in Wrongful Death for Tennessee on
Answered on Jun 22, 2018
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.

Q: when you sign settlement paper how many days must you legally wait before you get the check??

1 Answer | Asked in Personal Injury and Car Accidents for Maine on
Answered on Jun 22, 2018
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.

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.