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Questions Answered by Robert D. Kreisman
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... 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.... 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.

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... Read more »

Robert D. Kreisman
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... Read 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
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
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
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
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... Read 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
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
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... Read 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
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... Read 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... Read more »

Robert D. Kreisman
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... Read more »

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2 Answers | Asked in Foreclosure, Real Estate Law and Workers' Compensation for Illinois on
Q: In Il, can a wc settlement be leined for a foreclosure when seperated from spouse & not on the mortgage?

Been seperated 3 years and haven't lived in house that long. Ex spouse stopped paying on mortgage and I was never on the mortgage. I am permanently disabled on SSDI.

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

No. A workers' compensation settlement could be listed as an asset in a bankruptcy filing, but is not attachable by a creditor without a judgment especially one arising out of workers' compensation claim. Only a judgment, not a recovery could be recorded as a lien on the property. Even... Read more »

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2 Answers | Asked in Insurance Bad Faith for Illinois on
Q: How can I prove insurance bad faith was a factor in my past claim denials?
Robert D. Kreisman
Robert D. Kreisman answered on Jan 1, 2018

It's very unlikely that this insurance company will voluntarily turn over the documents you would need to see and understand the basis to uncover the possible fraud and prove your case. If you believe you have a valid claim for the denials by this insurance company, contact a lawyer who... Read more »

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2 Answers | Asked in Medical Malpractice and Products Liability for Louisiana on
Q: I live in Louisiana, do I have to use a faulty medical device attorney in Louisiana?

In April of this year I had to have a stent placed in my left leg. They went through the right groin area to do the procedure. When it was complete they used a Angio seal closure device and it failed and pretty much destroyed my right femoral artery. After my fourth surgery I developed a large... Read more »

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

By your summary it seems to me that you may have both a medical negligence case and a product defect case. In the event the medical malpractice case is not sustainable, (my hunch given what you said about no LA attorney willing to take this on), and if the product defect was a cause of your... Read more »

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2 Answers | Asked in Products Liability and Car Accidents for Ohio on
Q: I'm 17 and was t-boned at an intersection. They argued that my light was red and my fault. What might be court results?
Robert D. Kreisman
Robert D. Kreisman answered on Jan 1, 2018

Much depends on the facts, which would be included in the police report and what witnesses there may be and what they testify to. If your understanding of this crash was that you had a green light, then the party that hit you would be at fault. But you have to sustain your burden of proof, a... Read more »

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2 Answers | Asked in Products Liability and Construction Law for South Carolina on
Q: Want release from retainer agreement and no longer owe lawyer. Can i send letter of release or do motion to be released

I want to be released from current attorney and hire a new attorney. I signed a retainer agreement but no longer owe the attorney any money. Can I send the current attorney a letter of release or do I have to go through the courts and do a motion to be released?

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

Lawyers can be discharged and the attorney-client contract rescinded by you at any time by simply writing a letter to the attorneys to that effect and requesting that your entire file be turned over to you or a new attorney you have hired. Be sure to discuss with any lawyer you are talking to... Read more »

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3 Answers | Asked in Personal Injury for Illinois on
Q: How long does it take for a slip and fall case?

I fell down my apartment stairs and ruptured my tendon and now I've suing my apartment complex for over a year. Does it really take this long for a case like this?

Robert D. Kreisman
Robert D. Kreisman answered on Nov 10, 2017

The length of a case from filing to final disposition depends on the Illinois venue (the county where the case has been filed) and the size of the court's docket. However, most cases even in a crowded court docket like Cook County depend on the lawyers and how they handle the various court... Read more »

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1 Answer | Asked in Medical Malpractice for Illinois on
Q: If I have settled with insurance company on WC claim can I proceed with malpractice against surgeon?
Robert D. Kreisman
Robert D. Kreisman answered on Oct 30, 2017

If you have a meritorious medical negligence claim, the worker's compensation settlement will not have any bearing on a potential lawsuit for the intervening medical malpractice, if that's the case.

1 Answer | Asked in Nursing Home Abuse for Illinois on
Q: I'm considering putting my Mother in the care of someone who also takes care of

three other people out of her house - these types of situations are regulated right, in case something goes wrong?

Robert D. Kreisman
Robert D. Kreisman answered on Oct 30, 2017

You would need to gain verification under what state licensing this household is operating. Without making that effort to verify the arrangement there is nothing you have suggested that makes this housing situation a legal environment under Illinois law.

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