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Questions Answered by Robert D. Kreisman
1 Answer | Asked in Medical Malpractice for Illinois on
Q: How long after a botched procedure do I have to file a medical malpractice claim?
Robert D. Kreisman
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Robert D. Kreisman
answered on Jul 1, 2017

In general you have two years from the negligent act or omission to file a lawsuit along with a certificate of merit under 735 ILCS 5/2-622. You should consult with an Illinois lawyer in your area who practices in the area of medical negligence law.

2 Answers | Asked in Personal Injury for Illinois on
Q: When you get a personal injury settlement do you get all the money at once?
Robert D. Kreisman
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Robert D. Kreisman
answered on Jun 16, 2017

Yes, unless you agreed to some other term. In addition, you should receive a settlement statement from your attorney detailing all of the attorney's costs and the agreed upon fees related to your case. You should review that settlement statement carefully to make sure it matches with your... View More

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2 Answers | Asked in Personal Injury for Illinois on
Q: I tripped and fell at my condo complex due to unrepaired concrete after tree roots shifted curb and stairs. I injured my

left knee, and 14 months layer, I just completed a torn meniscus surgery. Can I sue the condominium complex for my expenses? The curb repairs have still not been made

Robert D. Kreisman
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Robert D. Kreisman
answered on Jun 12, 2017

Yes. But the burden of proving the defect will be on you. You will have to prove that this defect, as you described, was known to the condominium association, its management and perhaps other contractors, but they chose not to repair. It also is on you to show that the defect was not "open... View More

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1 Answer | Asked in Nursing Home Abuse for Illinois on
Q: Are there any legal barriers to removing a relative from a nursing home that is acting negligently?
Robert D. Kreisman
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Robert D. Kreisman
answered on Jun 9, 2017

If your relative is not either an adjudicated disabled person or is not otherwise incompetent, your relative can choose to relocate for any reason. If your relative is incompetent, then without a power of attorney for health care, a court would need to appoint a guardian of your relative to be able... View More

1 Answer | Asked in Civil Litigation and Constitutional Law for Illinois on
Q: Why don't you have a right of speedy trial in a civil law suit??
Robert D. Kreisman
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Robert D. Kreisman
answered on Jun 5, 2017

There is no specific Illinois law for "speedy" civil trials.

1 Answer | Asked in Civil Litigation, Small Claims and Contracts for Illinois on
Q: If i have been helping pay someones rent for four months but can no longer affor to do so can i be made to continue.

I said i would help my ex friend with half of his part which is 175 dollars a month in hope he would find a job and be able to pay full amount on his own. I have been sending him 400 a month sine Feb. 2017. I told him i could no longer do this because of financial problems of my own as i am on a... View More

Robert D. Kreisman
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Robert D. Kreisman
answered on May 31, 2017

No. You are not obligated based on these limited facts.

3 Answers | Asked in Personal Injury for Illinois on
Q: I was struck by an suv turning left into a parking lot and I had no insurance at the time of the accident ! What to do.
Robert D. Kreisman
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Robert D. Kreisman
answered on May 21, 2017

I'm assuming you called the police and you are speaking about your car being hit by the SUV. If that is the case, although you may have been ticketed for no insurance, you should be paid for the property damage to your vehicle. I am also assuming that the driver of the SUV was at fault. If... View More

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2 Answers | Asked in Personal Injury, Products Liability and Civil Litigation for West Virginia on
Q: Why would the lawyers representativing me not be the lawyers I signed a contract with?

I am the mdl in the west Virginia court and I see I have a case and number but the lawyer representativing is from another law firm si I am confused. Also do you have to be present for these trials

Robert D. Kreisman
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Robert D. Kreisman
answered on May 16, 2017

I would suggest you get a clear answer to your question about who your attorney is from the counsel you originally hired and signed a contract with. In many of these MDL product defect cases, lawyers will collaborate with other lawyers/law firms who may have already litigated the same type of case... View More

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1 Answer | Asked in Products Liability for Ohio on
Q: I went to speedway and got a fountain drink.I was drinking it and then I noticed that it was tasting funny

I went home and noticed that a battery was in the bottom of my cup.My dr is aware of this matter.

Robert D. Kreisman
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Robert D. Kreisman
answered on May 16, 2017

If you're asking about a cause of action to bring, you need an injury or damages which you didn't included. You should notify the place you bought your drink and perhaps the local health department.

1 Answer | Asked in Nursing Home Abuse for Illinois on
Q: Is it legal for me to put a camera in my Dad's nursing home room

- I'd like ot make sure he's being taken care of properly.

Robert D. Kreisman
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Robert D. Kreisman
answered on May 16, 2017

As long as your dad and if he has a roommate consent, it is permitted. See this link for more detail on this Illinois law.

https://www.robertkreisman.com/nursing-home-lawyer/2016/04/05/illinois-law-now-allows-cameras-nursing-homes/

2 Answers | Asked in Products Liability for New York on
Q: Hello, My late mom has a lawsuit pending about injuries she received by a product. there was a conference held,

It was held on the record. The Judge, the Court reporter, my mom and myself and the defense attorney was present.

I requested a copy of the transcript. I asked the Judge's assistant, who took the notes.

She said she had to let the defense attorney know that I was requesting... View More

Robert D. Kreisman
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Robert D. Kreisman
answered on May 16, 2017

With a court reporter present, it is considered the correct or usual customary procedure to advise all parties that one has ordered a transcript of the proceedings. That may simply be the case where a court reporter in this jurisdiction is able to allow all parties to order the same transcript... View More

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3 Answers | Asked in Workers' Compensation for Illinois on
Q: I was injured at work, dr says this is due to a failed rotator cup repair done approximately 4 1/2 yrs. ago.

I have not had any previous problems with my shoulder until recent incident. what are my options?

Robert D. Kreisman
PREMIUM
Robert D. Kreisman
answered on May 16, 2017

If your injury occurred in the scope and course of your employment, even though it aggravated a preexisting condition, you should consult with a local workers' compensation attorney who may likely advise you to file a claim in the Illinois Industrial Commission for this injury.

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2 Answers | Asked in Insurance Bad Faith for Illinois on
Q: Was at fault in a car accident - is it the insurance company's responsibility to defend me or should I hire a lawyer?
Robert D. Kreisman
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Robert D. Kreisman
answered on May 5, 2017

Assuming you have liability and collision coverage, your insurance company will hire an attorney to represent you.

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1 Answer | Asked in Products Liability for Illinois on
Q: Can you sue a foreign company for a defective product?
Robert D. Kreisman
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Robert D. Kreisman
answered on May 5, 2017

The short answer is yes you can. If an Illinois resident were to sue a foreign based company, there may be a need to check out whether the country of the foreign company is a signatory of an international treaty with the US. In just about every case that I have been involved with where a foreign... View More

2 Answers | Asked in Personal Injury for Illinois on
Q: If a motorcyclist was lanesplitting when you hit them can they still sue you?
Robert D. Kreisman
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Robert D. Kreisman
answered on May 5, 2017

Yes. But any claim for the motorcyclist's injuries would have to proved to have been caused by yours or some other person's negligence. The motorcyclist would be held accountable for his/her own contributory negligence that may have been a cause of the incident and that percentage if... View More

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2 Answers | Asked in Medical Malpractice for Illinois on
Q: How do you investigate whether a surgery was done incorrectly?
Robert D. Kreisman
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Robert D. Kreisman
answered on May 5, 2017

You must first retrieve all of the hospital/medical provider records. Then a physician in the same or similar practice of medicine must be able to review the records with an eye towards whether or not the acts or omissions that took place before, during or after the surgery was done below the... View More

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2 Answers | Asked in Products Liability for Texas on
Q: How many years after a faulty knee replacement can you sue the manufacturer?
Robert D. Kreisman
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Robert D. Kreisman
answered on Apr 28, 2017

The statutes of limitations vary from state to state. If you have had a revision surgery to repair or replace the knee replacement implant that may make a difference. I would consult with an attorney who is handling the cases that match your implant producta. For example, was your product (the... View More

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1 Answer | Asked in Nursing Home Abuse for Illinois on
Q: If my mother's nursing home changed her medication without authorization is that legal?
Robert D. Kreisman
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Robert D. Kreisman
answered on Apr 28, 2017

Authorization would have to be given by your mother's treating physician. I would urge you to contact your mother's doctor.

2 Answers | Asked in Civil Litigation and Small Claims for Illinois on
Q: Can I sue an individual in small claims court for maliciously breaking my cellphone?

I would like to know how to and what I write in my complaint against someone that damaged my cellphone- IPhone (value $750). The individual took it from my hand and slammed it on the floor/ground. I have a video that clearly shows her talking the phone from my hand and slamming it to the ground,... View More

Robert D. Kreisman
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Robert D. Kreisman
answered on Apr 28, 2017

Yes you can. Be prepared to present a receipt that shows the value of your phone. I'm pretty sure if you no longer have your invoice statement, the company that sold you the phone should be able to reproduce it.

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1 Answer | Asked in Personal Injury on
Q: I went to a restaurant yesterday and during eating the salad I found a cracked glass.

I would like to know if I can sue this restaurant or not.

Robert D. Kreisman
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Robert D. Kreisman
answered on Apr 23, 2017

Unless you were injured, I don't see how you could prevail with a lawsuit. Of course, glass is not something you should have in your food, but without damages, an element of negligence, your lawsuit would fail.

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