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

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

2 Answers | Asked in Personal Injury for Illinois on
Q: My daughter was going straight on a four lane road, a person made

a blind left turn going the other way and my daughter had to hit the brakes, the person behind her smashed into her. Who is at fault here?

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

It is possible that the person who made that "blind left turn" could be held liable for the damage and any injuries suffered.

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1 Answer | Asked in Workers' Compensation for Illinois on
Q: Had an accident where I was at fault in the company car, visiting a client - can I still get workers comp?
Robert D. Kreisman
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Robert D. Kreisman
answered on Sep 2, 2017

As long as you were in the scope and course of your employment when this incident occurred and you were injured, you could petition for workers' compensation. I would urge to contact an attorney who handles workers' compensation cases to help you with this.

2 Answers | Asked in Medical Malpractice for Illinois on
Q: I think my family physician didn't perform the necessary tests to confirm I had breast cancer because I'm a transgender

man (assigned female at birth). I had to get a second opinion and now my cancer has drastically progressed due to this delay. Do I have a potential malpractice suit on my hands here?

Robert D. Kreisman
PREMIUM
Robert D. Kreisman
answered on Sep 2, 2017

From what you have described, the doctor(s) taking care of you missed or misdiagnosed your breast cancer. Depending on the timeline of events, you have a basis for a medical negligence lawsuit. Consult with a lawyer in your area who you know has specialized in this area of practice-medical... View More

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3 Answers | Asked in Products Liability and Landlord - Tenant for Pennsylvania on
Q: I was trapped in an elevator for three hours, the emergency phone number was not answered, and the alarm did not work

Is there a case here for any damages?

Robert D. Kreisman
PREMIUM
Robert D. Kreisman
answered on Aug 31, 2017

Not unless you can show that this terrible inconvenience has some measure of damage that you can prove.

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2 Answers | Asked in Products Liability for West Virginia on
Q: bit into his sandwich and found a piece of plastic about 1 by 1/2 . does he have a case?

no harm to him but could have been, we called store and she had no concerns then corporate and no response. I have the plastic and I have pictuers

Robert D. Kreisman
PREMIUM
Robert D. Kreisman
answered on Aug 31, 2017

Any case of negligence requires an element of damage. If there are no damages, then there is no case to bring.

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1 Answer | Asked in Civil Litigation, Contracts and Probate for Illinois on
Q: Filed suit as administrator of estate for breach of contract. Do I answer interrogatories on my knowledge or decedents?

Interrogatories are directed to me as administrator of estate in which I filed suit against insurer. Are my answers on my knowledge or my knowledge of what the estate/decedent knew?

Robert D. Kreisman
PREMIUM
Robert D. Kreisman
answered on Aug 31, 2017

That's a very good question, but the answer much depends on the interrogatory itself. However, as the administrator of the estate you are the fiduciary and thus you are answering for the estate. The questions directed to you personally may be irrelevant unless it had to do with who may be the... View More

2 Answers | Asked in Insurance Bad Faith for Illinois on
Q: I got into an accident and the other party's insurance company is requesting money for damages I know didn't occur at

the time of the collision. How do I fight this?

Robert D. Kreisman
PREMIUM
Robert D. Kreisman
answered on Aug 31, 2017

I would assume that you notified your own insurance company about the incident. If you did, it will take care of any responsibility for damages claimed.

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2 Answers | Asked in Products Liability for Florida on
Q: Does an item have to be under recall in order to bring a lawsuit?
Robert D. Kreisman
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Robert D. Kreisman
answered on Aug 10, 2017

No it does not. Generally if the product is found to be defective by competent and reliable expert opinion that caused your injury, a product liability could be pursued. Be sure that the product itself must be retained and/or stored in the same condition it was in when it was last used that may... View More

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2 Answers | Asked in Personal Injury for Illinois on
Q: If a driver was insured but was driving another vehicle that wasnt on his insurance do i go after his insurance or him

He is at fault and the other car is insured

Robert D. Kreisman
PREMIUM
Robert D. Kreisman
answered on Aug 10, 2017

First of all you should hire an attorney that will sort this out. The short answer is that the party that was at fault is the party who you would pursue for compensation for your injuries (assuming you were injured). As for the property damage to your vehicle, your insurance company will handle... View More

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2 Answers | Asked in Medical Malpractice for Illinois on
Q: What if the surgeon who performed my surgery improperly subsequently has retired? Can I still sue for medical

malpractice?

Robert D. Kreisman
PREMIUM
Robert D. Kreisman
answered on Aug 10, 2017

Yes. The fact that the surgeon has retired makes no difference if the surgery was done below the standard of care and was a cause of your injuries. On the defendant doctor's side however, the fact the he/she has retired may be an issue of both his/her cooperation with an eventual lawsuit and... View More

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2 Answers | Asked in Products Liability for Texas on
Q: I was injured by a defective product while on vacation in another state - where would I file a claim?
Robert D. Kreisman
PREMIUM
Robert D. Kreisman
answered on Aug 12, 2017

Much depends on where the product was sold, distributed and manufactured as well as the place of the injury. Many household items, machined products, pharmaceutical products and the like are made by companies whose principal place of business is in another state or country. There are also many... View More

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1 Answer | Asked in Products Liability for New Hampshire on
Q: sons phone caught fire in his pocket. Due to quick reaction he was not injured. Is there any conpensation in this
Robert D. Kreisman
PREMIUM
Robert D. Kreisman
answered on Jul 5, 2017

Other than requesting that your son receive a new phone that doesn't catch fire, there would not be any damages to claim.

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