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Questions Answered by Robert D. Kreisman
2 Answers | Asked in Consumer Law and Criminal Law for California on
Q: If someone lives in their friends home and their property get's stolen, can they file a claim with their home insurance?

The person who owns the house had a guest over for dinner and the guest stole the items.

Robert D. Kreisman
PREMIUM
Robert D. Kreisman
answered on Jan 6, 2017

Much depends on the homeowner's insurance policy and what your living arrangements are. Do you pay rent? How long have you been living there? Is it a temporary or a permanent arrangement? The first thing I would do is ask you friend about his/her homeowner's policy and find out how you... View More

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3 Answers | Asked in Products Liability for California on
Q: Is there more than one person or entity that can be held responsible for a dangerous product in a single lawsuit?
Robert D. Kreisman
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Robert D. Kreisman
answered on Jan 3, 2017

Yes. Oftentimes the defendants would include the part manufacturer. the designer, the distributor, end seller, etc. There may be a whole host of parties in any product liability lawsuit who had a hand in the product defect that caused harm to users.

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3 Answers | Asked in Personal Injury for Illinois on
Q: How can I determine who to sue when I was injured due to the negligence of a third-party contractor in a hospital

situation?

Robert D. Kreisman
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Robert D. Kreisman
answered on Jan 3, 2017

With the assistance of counsel you will learn from the medical/hospital records who may have been providing the care that caused your injuries. You may also find that the hospital records do not reveal who that party might be, but consider getting the audit trail which will show each medical... View More

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2 Answers | Asked in Medical Malpractice for Illinois on
Q: Could I sue a doctor who has his license to practice medicine revoked after he misdiagnosed me

(this happened a month before)?

Robert D. Kreisman
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Robert D. Kreisman
answered on Dec 10, 2016

Yes. The reason to bring a lawsuit for medical malpractice is when a medical provider has acted or failed to act in such a way that was below the standard of care that caused an injury or death to a patient. Whether the doctor's license was revoked makes no difference as to bringing a viable... View More

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2 Answers | Asked in Personal Injury for Illinois on
Q: How does a negligent person's intent factor into me receiving compensation for an injury?
Robert D. Kreisman
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Robert D. Kreisman
answered on Dec 10, 2016

Intent is different that negligence. Negligence is an unintentional act or omission by definition whose elements are duty, breach of duty, causation and damages. For example, a doctor does not intend to injure a patient, but can be negligent. A driver texting a friend does not intend to crash... View More

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2 Answers | Asked in Products Liability for Illinois on
Q: Do express warranty statements have to be in writing for you to be able to prove in court that there was a

breach of them?

Robert D. Kreisman
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Robert D. Kreisman
answered on Dec 10, 2016

Yes. I can only assume that the product your speaking about was warranted by someone orally. That statement of warranty of this product would be difficult to prove up.

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1 Answer | Asked in Nursing Home Abuse for Illinois on
Q: If my father died in a nursing home and I've filed a suit against the home,

how do I access their records to prove my case?

Robert D. Kreisman
PREMIUM
Robert D. Kreisman
answered on Dec 5, 2016

If you already filed the lawsuit on your own, you would send a notice to produce (request to produce documents) to the attorney representing the nursing home.

1 Answer | Asked in Personal Injury for Illinois on
Q: I was in a car accident. Can I get compensation for my injuries even if I was partially responsible?
Robert D. Kreisman
PREMIUM
Robert D. Kreisman
answered on Dec 5, 2016

As long as you were not more than 50% at fault in Illinois you may recover for your injuries with a percentage of contributory negligence reducing your recovery. Some insurance companies pre-suit will try to assess the liability between its insured and you and thus make its offer by reducing the... View More

2 Answers | Asked in Insurance Bad Faith for Illinois on
Q: Am I required by law to give a statement to an insurance company after an accident?
Robert D. Kreisman
PREMIUM
Robert D. Kreisman
answered on Dec 5, 2016

If you're referring to the insurance company of the party that may have cause this incident, then no you would wise to refuse to give a statement. If your own insurance company is calling you for a statement, then you would be contractually obligated to respond.

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1 Answer | Asked in Nursing Home Abuse for Illinois on
Q: are nursing home employee employment histories subject to discovery in IL?
Robert D. Kreisman
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Robert D. Kreisman
answered on Nov 29, 2016

It depends on your claim. If the employee's acts or omissions were so egregious, the person's work history may be relevant and thus subject to discovery.

2 Answers | Asked in Probate for Illinois on
Q: My husband died and had other young children outside the marriage. Are they entitled to my insurance money?
Robert D. Kreisman
PREMIUM
Robert D. Kreisman
answered on Nov 29, 2016

A life insurance policy is a contract that usually names a person or persons as beneficiaries. If you were named the beneficiary, no one else would be entitled to the proceeds. The insurance company would contractually bound to pay the proceeds to the beneficiaries, not to heirs of the decedent.

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1 Answer | Asked in Small Claims and Personal Injury for Illinois on
Q: In Illinois does a settlement for a minor have to be put into a trust fund if it doesn't exceed $10,000?
Robert D. Kreisman
PREMIUM
Robert D. Kreisman
answered on Nov 19, 2016

No. $10,000 is the threshold for both getting the probate court involved with the opening of a minor's estate and placing the funds in an acceptably safe, long term (or until majority reached) investment vehicle that the court would have to approve. It's not just the settlement amount,... View More

1 Answer | Asked in Products Liability for Illinois on
Q: If a recall is planned to be issued, is it the manufacturer's responsibility to let owners of the product know,

or the business' where they bought it?

Robert D. Kreisman
PREMIUM
Robert D. Kreisman
answered on Nov 17, 2016

The product manufacturer who has published the recall should notify owners of the product with such notice. If the product is a car for example, that notice may be an actual mailed notice of the recall. If the recall is any variety of products out in circulation, it depends. For example, a home... View More

2 Answers | Asked in Medical Malpractice for Illinois on
Q: I went to an optometrist to have eye pain evaluated, and I think he made it worse because I can barely see out of my eye

since that appointment. I know optometrists aren't doctors but do they fall under the purview of medical malpractice law?

Robert D. Kreisman
PREMIUM
Robert D. Kreisman
answered on Nov 17, 2016

Optometrists do fall under the Illinois Medical Malpractice Act as a medical provider who does provide the service of a healing art professional under the statute; 735 ILCS 5/2-622, et seq.

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3 Answers | Asked in Products Liability for Florida on
Q: How do I know who to sue over an injury due to a defective product? The seller or the manufacturer?
Robert D. Kreisman
PREMIUM
Robert D. Kreisman
answered on Nov 17, 2016

In any product defect case we would want to include as potential party defendants the manufacturer, distributor, component part maker, if applicable, and the end seller.

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3 Answers | Asked in Personal Injury for Illinois on
Q: Is there ever a clear-cut instance of when taking a personal injury case to trial is preferable over accepting

a settlement offer? I'm really confused about this. Is it fact-dependent?

Robert D. Kreisman
PREMIUM
Robert D. Kreisman
answered on Nov 17, 2016

When the offer to settle is deficient as to the issue of liability and damages, those cases go to trial. There is no set of facts that would turn on a decision to go forward with the jury trial or accept an offer. It truly depends on all of the circumstances surrounding the facts, the witnesses,... View More

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2 Answers | Asked in Nursing Home Abuse for Illinois on
Q: Is it possible for me to get medical records from the nursing home where my father was injured?
Robert D. Kreisman
PREMIUM
Robert D. Kreisman
answered on Mar 21, 2017

Yes. If your father is competent, he should make the request.

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3 Answers | Asked in Products Liability for California on
Q: There has been a recall on my car model but I didn't know until after I was injured because of the defective part.

Can I still sue?

Robert D. Kreisman
PREMIUM
Robert D. Kreisman
answered on Nov 2, 2016

Assuming the statute of limitations has not run, you would be able to bring a product defect case. The defective part is the key. Make sure to preserve it if you still have it or know where you can obtain it if your vehicle has been repaired. Please contact a local lawyer to sort this out, but I... View More

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2 Answers | Asked in Products Liability for Illinois on
Q: If I was injured by a firework that I know is defective, can I still sue even though it's a type that isn't technically

allowed to be bought or used in Illinois?

Robert D. Kreisman
PREMIUM
Robert D. Kreisman
answered on Nov 2, 2016

If the product was in fact defective you would have a claim for breach of implied warranty, product liability and the failure to warn possibly. The fact that fireworks are not allowed or used in Illinois is not a big problem given the expectation by the seller, distributor and maker of the... View More

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2 Answers | Asked in Products Liability for Maryland on
Q: I was a spectator at a softball game and got hurt when the bleacher seat I was in collapsed.

I'm pretty sure it was defective. Who would I sue to pay my medical bills - the owner of the softball park or the maker of the bleacher?

Robert D. Kreisman
PREMIUM
Robert D. Kreisman
answered on Nov 2, 2016

You may have a claim against both. The softball park may however, if a park district or municipal run park, have protection from suit unless willful and wanton or gross negligence were shown, by your state's tort immunity law. Make sure to check that out with a local attorney. Otherwise, you... View More

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