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Questions Answered by Robert D. Kreisman

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 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 relevancy. There... Read 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 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 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 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 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? He... Read more »

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 each person who is... 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 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.

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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 and... Read more »

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 »

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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 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 .

2 Answers | Asked in Arbitration / Mediation Law for Illinois on

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

Robert D. Kreisman answered on Aug 18, 2018

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 »

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4 Answers | Asked in Wrongful Death for Massachusetts on

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 answered on Aug 17, 2018

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.

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1 Answer | Asked in Medical Malpractice for Illinois on

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

Robert D. Kreisman answered on Aug 17, 2018

In Illinois the statute of limitations for negligence matters is two years.

1 Answer | Asked in Estate Planning for Tennessee on

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 »

Robert D. Kreisman answered on Aug 14, 2018

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 »

1 Answer | Asked in Car Accidents for Indiana on

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 »

Robert D. Kreisman answered on Aug 13, 2018

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 »

1 Answer | Asked in Products Liability for Florida on

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

Robert D. Kreisman answered on Aug 9, 2018

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 »

2 Answers | Asked in Arbitration / Mediation Law for Florida on

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

Robert D. Kreisman answered on Aug 8, 2018

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 »

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1 Answer | Asked in Medical Malpractice for Arkansas on

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.

Robert D. Kreisman answered on Aug 4, 2018

The girlfriend cannot do that! It seems incredibly reckless in my opinion.

1 Answer | Asked in Wrongful Death for Illinois on

Q: Who has a right to bring wrongful death claims on behalf of the deceased?

Robert D. Kreisman answered on Aug 4, 2018

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 »

3 Answers | Asked in Wrongful Death for Massachusetts on

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

Robert D. Kreisman answered on Aug 4, 2018

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.

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