Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Robert D. Kreisman
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
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
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... Read more »

View More Answers

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
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.

View More Answers

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
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
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... 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
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
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... 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
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 »

View More Answers

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... 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.

View More Answers

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... 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.

View More Answers

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... 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... 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.

View More Answers

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.

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.