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 .
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...Read more »
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.
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 »
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...Read more »
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 »
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 »
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...Read more »
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 »
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...Read more »
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...Read more »
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.
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... Read more »
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...Read more »
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 »
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 »
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 »
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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