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
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
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
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.
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
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.
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
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.
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
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.
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
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
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
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
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
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
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??
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
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
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
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
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
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.
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
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...View More
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
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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