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Questions Answered by Robert D. Kreisman
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... View More

Robert D. Kreisman
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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... View More

Robert D. Kreisman
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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
PREMIUM
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... View 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
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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... View 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
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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... View 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
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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... View 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
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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... View 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
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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... View 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
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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... View 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... View More

Robert D. Kreisman
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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.... View 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
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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.

1 Answer | Asked in Medical Malpractice for Illinois on
Q: hello, can an illegal alien get a pro bono legal assistance in a malpractice law suit

an illegal alien was arrested for probation violation and spent one year at the Joliet Correctional Center in Joliet Ill. The individual was a healthy man when he entered the prison system and one year later he walked out handicapped. Had a tracheotomy that was supposed to last for 2-3 weeks and... View More

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

Most lawyers who handle negligence cases for the injured handle cases including those in medical malpractice on a contingency basis, meaning the lawyer would only receive a fee and costs advanced recovered if there in fact is a recovery that the client approves or a verdict or judgment entered in... View More

3 Answers | Asked in Personal Injury and Products Liability for Pennsylvania on
Q: I wanted to know if it's normal not to hear from your attorney after about three years since last contact.

Mediation was about three years ago with a large medical device company. Complex litigation personal injury case.

Robert D. Kreisman
PREMIUM
Robert D. Kreisman
answered on Jan 3, 2018

It is not normal. You should insist on receiving an up-to-date status report on your case.

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2 Answers | Asked in Products Liability and Small Claims for Indiana on
Q: I was the plaintiff in a Small Claims case 17 months ago. We haven't heard a peep since. What can we do? Is it possi

ble that the judge is still considering our case? It was complicated: i sued a global paint company for product defect - the label didn't include a warning that the paint might have long-term odor issues. We had to replace our drywall. Could she be researching? How long is reasonable?

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

Seventeen months seems like a long time to consider the case you describe. Assuming you brought this case without a lawyer, pro se, there's nothing wrong in calling the judge's secretary or clerk (not the judge directly) and ask about the status of a decision.

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1 Answer | Asked in Nursing Home Abuse for Illinois on
Q: What's the standard of reasonable care in Illinois nursing homes?
Robert D. Kreisman
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Robert D. Kreisman
answered on Dec 26, 2017

What would an ordinary and reasonable nursing facility do or not do under the same or similar circumstances. However, Illinois has adopted the Illinois Nursing Home Care Act which places what amounts to a greater duty of care on nursing homes and their medical/nursing providers.

1 Answer | Asked in Medical Malpractice for Illinois on
Q: My PCP misdiagnosed a breast lump which turned out to be cancer.

The delay in receiving the accurate diagnosis severely affected my chances of survival. Does that count as medical malpractice?

Robert D. Kreisman
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Robert D. Kreisman
answered on Dec 26, 2017

The short answer is it depends. Of significant importance are: The time line of when the first symptoms were misdiagnosed; the particular kind of cancer you have unfortunately contracted; what your staging is now; and what the prognosis and treatment plan is. Those all would all factor in on... View More

1 Answer | Asked in Employment Law and Products Liability for Tennessee on
Q: Is it legal for my employer to make me sign liability before returning to work after accident not work related at all

I was in a car accident on my way to work in my personal vehicle so it has nothing to do with work my employer now is saying after the Dr releases me to go back to work that I have to sign a liability waiver saying they are not responsible for any injuries should they occur on the job

Robert D. Kreisman
PREMIUM
Robert D. Kreisman
answered on Dec 23, 2017

It's not illegal to ask you to sign a waiver, but before you do so, I would urge you to consult with a local attorney well-versed in workers' compensation law.

3 Answers | Asked in Workers' Compensation for Illinois on
Q: 3 & 1/2 months removed from ACL/meniscus surgery and I feel that workers comp is rushing me back to work?

Doctor is recommending to continue physical therapy and to check back with him after 6 to 8 weeks. Workers Comp is on their own agenda and pretty much rushing the situation when I am physically not ready to go back to my job.

Robert D. Kreisman
PREMIUM
Robert D. Kreisman
answered on Dec 23, 2017

I would urge you to consult with your lawyer. If you don't have a lawyer at this time, I know in your best interests you should hire an experienced workers' comp lawyer. Your physician's recommendations on treatment, the one who is actually treating your injuries, should overrule the... View More

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2 Answers | Asked in Products Liability for California on
Q: I was injured in an auto accident due to a defective part. The manufacturer did issue a recall, and I was planning to

bring the vehicle in but I got into an accident before I could. Will this affect my ability to file a claim against the vehicle manufacturer?

Robert D. Kreisman
PREMIUM
Robert D. Kreisman
answered on Dec 23, 2017

You should contact an attorney who regularly handles automotive defect or product liability lawsuits. I don't believe your having failed to take the vehicle in for the recall will necessarily bar you from bringing an action against the manufacturer of the vehicle or component part maker for... View More

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2 Answers | Asked in Civil Litigation and Real Estate Law for Illinois on
Q: Am I responsible for replacement of limited property in a condo association

I received a notice from my association Dec 7th. stating the board has approved the repair and replacement of patios and balconies. They are considered outside the home and limited property. The cost they say I am responsible for is $1010 due April 1st which I do not want to pay as the patio is... View More

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

Your question is a common one in condominium ownership matters. The question could best be answered by having an experienced real estate/condominium law attorney review the notice of this special assessment along with the declarations and bylaws of your condominium association. I would also... View More

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