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Questions Answered by Robert D. Kreisman
1 Answer | Asked in Car Accidents and Personal Injury for Washington on
Q: My ex was in a serious car accident with my daughter and she didn't tell me anything about it. What can I do?

My ex lives in Washington state and I live in Texas. This is the second time something serious has happened and her not telling me. My ex mother-in-law told me she was on her phone at the time of the accident

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

If your daughter was injured you should seek the advice of local attorney. That would mean to retrieve the police report of the incident. The fact that your ex didn't inform you does not make out a case of any kind.

1 Answer | Asked in Personal Injury and Wrongful Death for Connecticut on
Q: Is every accident-related death a possible wrongful death case?
Robert D. Kreisman
Robert D. Kreisman answered on Feb 18, 2018

If a case were filed claiming negligence or willful and wanton conduct by the party or parties who caused the death, then yes that would amount to a wrongful death claim and a separate count for a survival action if the decedent survived the injuries that caused the death for any length of time. In... Read more »

1 Answer | Asked in Animal / Dog Law and Personal Injury for Ohio on
Q: If i adopt a dog then 2 months later bites someone who is liable ? Could dog shelter be liable

Because they should of done behavior test right to and other test to see if dog was any part aggressive ?

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

From what you have described you would be held responsible for the injuries suffered by a dog bit of the dog you own.

2 Answers | Asked in Car Accidents and Personal Injury for New York on
Q: A taxi driver crossed the double yellow and hit me. He then proceeded to hit another vehicle.

My rear wheel was sheered off and unable to move. His claim was he swerved to get around another car (there was no car infront of him) and then it changed to “i have diabetes and havent eaten”

I have severe neck and back pain from the side impact, what are my options?

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

You should contact a local attorney who handles personal injury, automobile crash cases. From the facts you laid out you would have a viable lawsuit against the cab driver and his/her company, employer. Be certain to collect all of your medical records and bills. If you missed any time from your... Read more »

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2 Answers | Asked in Personal Injury and Nursing Home Abuse for Georgia on
Q: My mother got a bed sore about 2 years ago on her left heel,that got very infected,from lack of attention

It was from negligence of the staff,well she's had surgeries,she's been in the hospital several times,now she's back in again with the infection that should have never happened,she's in bad shape this time

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

I would be concerned about the passing of the statute of limitations that would be a complete bar to any lawsuit your mother could file. Given limited the facts you provided I urge you to get in touch with a local nursing home negligence attorney as soon as possible. Be aware that any lawyer... Read more »

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2 Answers | Asked in Personal Injury and Car Accidents for Oregon on
Q: I got in an car accident with a bicyclist who wasn't wearing a helmet.

Does my insurance still need to pay for any preventable head-related injuries? It was his fault for not wearing a helmet.

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

The fact that the injured bicyclist was not wearing a protective helmet would not be an issue that could diminish the the value of the case to the plaintiff who was injured. In fact, most lawyers would submit a motion in limine to prevent the lack of a helmet to be introduced as a factor in the... Read more »

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1 Answer | Asked in Car Accidents for Kentucky on
Q: My car was parked in a parking lot of a hospital,when a man passed out and crossed the center lane and 2 lanes

Of traffic and hit a curb and went airborne hitting my car it totaled it what can I do? I was told that a quick search of his car found drug peripheral

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

Notify your insurance agent, obtain a copy of the police report and take photos of the damage to your vehicle. Your insurance company will help you the process.

1 Answer | Asked in Elder Law for Tennessee on
Q: My dad is bedfast but refuses to go to a nursing home. What can I do as the only living child to have him placed?

He is in diapers, can't get to his food or take his meds on his own. Hospice caregivers come but he refuses any care from them. He has a brother who is 83 that checks on him and does those necessary thing for him but his health is also failing fast as he is a recent cancer survivor. My dad seems at... Read more »

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

From what you have asked, the action you could entertain is hiring a local attorney to discuss whether your dad would be one who would qualify for a guardianship. If so you or another person, usually a family member could be appointed by the court to make decisions for your dad, should he be... Read more »

3 Answers | Asked in Car Accidents for California on
Q: I was involved in a car accident where I was not at fault. There were damages to my car but the other party is uninsured
Robert D. Kreisman
Robert D. Kreisman answered on Jan 22, 2018

Most states require insured drivers to carry uninsured motorist insurance. In any case, report the incident to your insurer as soon as possible. Obtain a copy of the police report and take photos of your vehicle.

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1 Answer | Asked in Car Accidents for North Carolina on
Q: F͟͟e͟͟n͟͟d͟͟e͟͟r͟͟ b͟͟e͟͟n͟͟d͟͟e͟͟r͟͟ a͟͟c͟͟c͟͟i͟͟d͟͟e͟͟n͟͟t͟͟. N͟͟o͟͟t͟͟ @ f͟͟a͟͟u͟͟l͟͟t͟͟

o͟͟t͟͟h͟͟e͟͟r͟͟ i͟͟n͟͟s͟͟u͟͟r͟͟e͟͟d͟͟ T͟͟o͟͟o͟͟k͟͟ B͟͟l͟͟a͟͟m͟͟e͟͟. I͟͟ w͟͟e͟͟n͟͟t͟͟ t͟͟o͟͟ c͟͟h͟͟i͟͟r͟͟o͟͟p͟͟r͟͟a͟͟c͟͟t͟͟o͟͟r͟͟, a͟͟l͟͟m͟͟o͟͟s͟͟t͟͟ l͟͟o͟͟s͟͟t͟͟ m͟͟y͟͟ j͟͟o͟͟b͟͟... Read more »

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

If you are at a standstill with the insurance company's adjuster for the other driver, I would urge you to contact an attorney in your area who practices personal injury litigation to help you sort through this either by reaching a fair and reasonable settlement or filing suit.

1 Answer | Asked in Health Care Law for Massachusetts on
Q: Am I responsible for the bill

My doctor ordered a cologuard test for me.

He knew what health insurance I had.

He did not inform me that the test was not covered by insurance.

The lab sent me a bill.

My insurance company said it was the lab’s responsibility to check that they took my insurance... Read more »

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

Unfortunately, from what information you gave you would be responsible for the bill.

1 Answer | Asked in Medical Malpractice and Wrongful Death for New York on
Q: How do i get my son's hospital records? He was 27 years old. He went in on a Friday and died on Sunday of sepsis.

We had him there on the Sunday before for extreme pain in his arm. He was a drug addict going into treatment that Monday. They said he was detoxing, gave him something for pain and let him go.

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

Being a family member, next of kin, the father of your son, the hospital's records can be retrieved by signing the hospital's release of medical records form; HIPPA release. I usually tell my clients to call the hospital's medical records department to clearly understand its process. Often the... Read more »

1 Answer | Asked in Personal Injury and Car Accidents for Virginia on
Q: With a special verdict is it possible the other party could settle out of court?

If the ruling was in my favor but because of special verdict is it possible the other party will negotiate to settle out of court. Is going back to court the only way with a person injury civil suit

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

Without being clear on the question you are asking, if you were the prevailing party in a personal injury jury trial that had a special interrogatory as part of the verdict, I don't see why you couldn't now settle your case with the defendant(s). Defendants many times file posttrial motions... Read more »

5 Answers | Asked in Personal Injury for California on
Q: I was riding my bike and was hit by a car.he was on his phone got7 stitches what affair amount to take
Robert D. Kreisman
Robert D. Kreisman answered on Jan 14, 2018

Much depends on who was at fault, what were your medical bills and medical treatment. What insurance did the car driver have? Do you have any permanent injury or impairment? You probably have a disfiguring scar which could valued differently depending on how the scarring shows and what your... Read more »

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5 Answers | Asked in Personal Injury and Car Accidents for California on
Q: if I don't accept an insurance company's first offer for bodily injury & I ask for more $$, can they take the offer back
Robert D. Kreisman
Robert D. Kreisman answered on Jan 14, 2018

If any offer is not accepted, the insurance company's adjuster can simply withdraw the offer. That usually doesn't happen. It also doesn't mean that the insurance will meet your demand or even increase the current offer. If you don't reach a reasonable offer from the insurance company, you would... Read more »

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1 Answer | Asked in Estate Planning and Probate for Illinois on
Q: Can hospitals withhold info on your parent's medical situation if they are told to by the eldest sibling

The sibling is lieing about being the eldest, and the nurses are still not listening. The head administrator nurse said in Illinois law the eldest gets to decide what happens to the parent if their is no spouse, just because your the oldest.

Robert D. Kreisman
Robert D. Kreisman answered on Jan 1, 2018

Being the eldest offspring of a parent is irrelevant. Even without a health care power of attorney, a child of the person hospitalized should be able to know what the condition of the parent is. The nurse administrator is wrong about the notion that the eldest offspring is the only person to make... Read more »

1 Answer | Asked in Civil Litigation, Consumer Law, Juvenile Law and Criminal Law for Illinois on
Q: My teenager got caught stealing at Macy's in Chicago, should I pay the $500 civil damages they are asking me for?
Robert D. Kreisman
Robert D. Kreisman answered on Jan 1, 2018

Was there a criminal conviction (juvenile) for shoplifting? I assume that Macy's is asking for $500. If that's the case, consult with a lawyer, but be sure to get full release for all possible claims that could be brought against the minor and his/her parents, guardians should that $500 or any... Read more »

1 Answer | Asked in Products Liability for Florida on
Q: I think some defective tires caused my recent car accident in which I injured another driver. How do I prove that?
Robert D. Kreisman
Robert D. Kreisman answered on Jan 1, 2018

In any product defect case that caused an injury or damage of some kind, the products themselves must be preserved in the same condition they were in at the time. Without the tires in the condition they were in at the time of this incident, you may not be able to prove that the tires were somehow... Read more »

1 Answer | Asked in Health Care Law and Medical Malpractice for Illinois on
Q: My daughter got overvaccinated by 3 shots due to her previous Doctors office not recording correctly that she got them

I have a Florida Certification of Immunization form saying my daughter received shots on a certain date, but when her current Doctor's office requested the notes from the previous office, there was no record of her getting the shots. It was not recorded on her last visit and it actually says she... Read more »

Robert D. Kreisman
Robert D. Kreisman answered on Jan 1, 2018

The question who pose should be taken up by your daughter's physician: What health consequences did the 3 extra doses of vaccine your daughter receive have on her health? You didn't say, fortunately, that your daughter had any ill-effects or injury of any kind from the overdosage. Nevertheless, I... Read more »

1 Answer | Asked in Products Liability and Real Estate Law for North Carolina on
Q: I bought a house under the stipulation that repairs were made to the roof. If the roof repairs fail, can I sue?
Robert D. Kreisman
Robert D. Kreisman answered on Jan 1, 2018

You may be able to sue to enforce the clear terms of the contract. If the roof repairs were described in that contract, you should contact a local real estate attorney to learn what action you may be able to take to seek relief.

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