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Questions Answered by Robert D. Kreisman
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
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
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
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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1 Answer | Asked in Wrongful Death for Tennessee on
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

Robert D. Kreisman
Robert D. Kreisman answered on Jun 22, 2018

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 »

1 Answer | Asked in Personal Injury and Car Accidents for Maine on
Q: when you sign settlement paper how many days must you legally wait before you get the check??
Robert D. Kreisman
Robert D. Kreisman answered on Jun 22, 2018

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.

3 Answers | Asked in Car Accidents for Illinois on
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

injured. Can they sue me?

Robert D. Kreisman
Robert D. Kreisman answered on Jun 22, 2018

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.

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1 Answer | Asked in Personal Injury, Civil Litigation and Gov & Administrative Law for Wisconsin on
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

Put a monetary amount in my tort claim while in prison. Got out hired a lawyer and filed lawsuit and now realizing I need to ask for more money because I didn't no my limitations of my injuries while in jail. Once out its a lot I can't do. Can't drive can't work need full time personal care worker... Read more »

Robert D. Kreisman
Robert D. Kreisman answered on Jun 14, 2018

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... Read more »

1 Answer | Asked in Arbitration / Mediation Law for Texas on
Q: What does it mean if your arbitration proceeding is binding?
Robert D. Kreisman
Robert D. Kreisman answered on Jun 14, 2018

If the parties had agreed to a binding arbitration, the end result is just that-the decision is binding without judicial review. If the arbitrator awarded damages or some money remedy, the party assessed is usually given a set time limit in which to comply or pay the award. If not, the other side,... Read more »

1 Answer | Asked in Elder Law for Illinois on
Q: POA removed from Financial Institution

My grandma has dementia and before this she appointed daughter #1 to be the POA. Daughter #2 found out and has now taken the mother to get a POA while she was diagnosed. Daughter #2 has now submitted her illegal POA to the banks and has taken over the accounts whih is taken daughter #1 off the... Read more »

Robert D. Kreisman
Robert D. Kreisman answered on Jun 13, 2018

I think you would need to hire an attorney in the state where grandmother was taken. You may consider with that lawyer and one in your state in having a guardianship set up naming you as guardian of the estate and person of grandmother to have her situated in a facility that will be especially... Read more »

3 Answers | Asked in Arbitration / Mediation Law for California on
Q: Is there any way to appeal a decision by an arbitrator?
Robert D. Kreisman
Robert D. Kreisman answered on Jun 14, 2018

No, as long as the parties have agreed to the arbitration as binding. Some arbitrations are nonbinding, but the agreement would have to be specific on that point. Nonbinding arbitrations are often referred to as mediations.

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1 Answer | Asked in Nursing Home Abuse for Illinois on
Q: We hired a self-employed person to take care of my mother in her house - is that person subject

to laws regarding nursing home abuse?

Robert D. Kreisman
Robert D. Kreisman answered on Mar 27, 2018

Yes. The Home Health, Home Services and Home Nursing Agency Licensing Act would cover your situation. 210 ILCS 55/1, et seq.

1 Answer | Asked in Personal Injury for Arizona on
Q: How long do I have after I was hurt to file a personal injury suit?
Robert D. Kreisman
Robert D. Kreisman answered on Mar 27, 2018

In Arizona you have two years from the date of the negligent incident that caused your injury to file your lawsuit. The statute of limitations, being two years means that you would be barred from bringing a later lawsuit outside of that two year period. I urge you to contact an attorney in your... Read more »

2 Answers | Asked in Wrongful Death for New York on
Q: What are the most common reasons for why plaintiffs lose wrongful death lawsuits?
Robert D. Kreisman
Robert D. Kreisman answered on Mar 18, 2018

When the jury decides that there was no negligence that was a cause of the death, the verdict would be for the defendant. Plaintiffs have the burden of proof, a preponderance of the evidence, or what is more probably true than not true, that the breach of duty was a cause of the damages, the death... Read more »

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2 Answers | Asked in Car Accidents for Alabama on
Q: I was rearended by a suspended driver. I had xrays done. Do I go after driver or owner of car for damages?

Car had liability but cheap insurance company will not cover.

Robert D. Kreisman
Robert D. Kreisman answered on Mar 18, 2018

Yes you could file a claim against the driver and the owner of the car that caused your injury and damage to your vehicle.

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1 Answer | Asked in Medical Malpractice for Oregon on
Q: Likelihood of winning a medical malpractice suit?

Hi there!

A co-worker of mine recently suffered two strokes because his doctor prescribed him two medications that are NOT supposed to be taken at the same time. The doctor was fired after it was discovered that the mix of these medications caused the strokes. What are my co-workers chances... Read more »

Robert D. Kreisman
Robert D. Kreisman answered on Mar 18, 2018

I don't think anyone can predict with any certainty how a medical negligence lawsuit might turn out. Even with the most compelling facts, there is no way with the information you provided to know how this case would be decided. From what you have described, if a physician in the same or similar... Read more »

2 Answers | Asked in Wrongful Death for Illinois on
Q: Is it possible for the same person to file for a wrongful death and survival action lawsuit?
Robert D. Kreisman
Robert D. Kreisman answered on Mar 18, 2018

Yes. This assumes that the plaintiff bringing the lawsuit has some relationship with the decedent; next of kin, heir. Survival actions are for the pain and suffering the decedent endured before death. That piece of the lawsuit belongs to the estate of the decedent, whereas the wrongful death... Read more »

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3 Answers | Asked in Wrongful Death for Maryland on
Q: Is it possible for a plaintiff to win a wrongful death suit for a car accident case

if the deceased was not wearing a seat belt?

Robert D. Kreisman
Robert D. Kreisman answered on Mar 18, 2018

Yes. This is an often a contentious issue that the lawyers will grapple with because of that fact, no seat belt, would there be proof supported by an expert witness, that but for the absence of the seat belt, the person who died would have survived? The issue of whether or not a seat belt was in... Read more »

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1 Answer | Asked in Nursing Home Abuse and Medical Malpractice for Texas on
Q: Do I have a case of neglect?

My husband is in a nursing home and he developed a sore. I went to the nursing home on a Monday and they told me he had a wound the size of a pea, when I went back the following Monday it was infected and there was bone exposure. He has been from facility to facility having surgeries after... Read more »

Robert D. Kreisman
Robert D. Kreisman answered on Feb 19, 2018

This sounds very much like a nursing abuse or negligence case. You should consult with an attorney in your area who specializes in nursing home abuse cases.

1 Answer | Asked in Appeals / Appellate Law for Ohio on
Q: CONCERNING FILING A BRIEF OR A MOTION IN THE 8TH DISTRICT COURT OF APPEALS.

IF BOTH THE MAGISTRATE, AND THE REGULAR JUDGE RULED AGAINST ME, AND I LOST MY CASE AM I THE APPELLEE, OR THE APPELLANT WHEN FILING BRIEFS, OR MOTIONS IN THE 8TH DISTRICT COURT OF APPEALS?

Robert D. Kreisman
Robert D. Kreisman answered on Feb 19, 2018

If you are bringing the appeal, you would be the appellant. You are broaching an area of the law (federal appellate procedure) with very specific procedural rules that must be obeyed or your appeal would or could be dismissed. You need to try to hire an appellate attorney to help. There are just... Read more »

1 Answer | Asked in Car Accidents for Oklahoma on
Q: Fiancée was middle car in hit and run. Now the woman in front of her is suing my fiancée for damages, medical expenses.

Responding police officer declared it a hit and run in his report. Plaintiff filed claim with my fiancée’s insurance company who denied their claim because of zero wrong doing by my fiancée. In the plaintiffs lawsuit paperwork, it has no mention of police report or hit and run. Accident... Read more »

Robert D. Kreisman
Robert D. Kreisman answered on Feb 19, 2018

You have described a very weak case, but of course anyone can file a lawsuit. Make certain that your fiancé has reported the lawsuit to her insurer who will protect her interest assuming she has liability coverage. This is one of those instances where it is said that this is a reason we have... Read more »

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