Get free answers to your legal questions from lawyers in your area.
Can workmen's comp deny surgery?
answered on Dec 21, 2018
Absolutely! The doctor MUST explain how the need for surgery is related to the original injury.
For Illinois Workers' Compensation claims, you will ALWAYS cheat yourself if your do not hire experienced counsel. You will have someone to guide you through the process AND when it is... View More 
An emergency technician might have taken a photo of my plates.
answered on Dec 17, 2018
Why does it matter? If you are charged with an offense and you claim an EMT has photos that prove otherwise, of course, you may secure them with a Subpoena.
answered on Dec 14, 2018
This is one of the reasons that you buy insurance. They have a duty to defend you, if you should cause an accident. The attorney who they will assign is paid for. Why would you want to pay, again? This is not like the difference between a public defender and a private, criminal defense... View More
recover damages?
answered on Dec 11, 2018
Absolutely! The Court would request that family information and must authorize the distribution. If a standard scheme is used (i.e. all share equally or surviving spouse takes 1/2 and 1/2 is divided among the children), the Court will summarily approve the distribution. If something different... View More
answered on Nov 24, 2018
Certainly. The only problem is with logistics. When you file suit in Illinois, you MUST make yourself available to be deposed and for trial in Illinois. If the plaintiff needs to be deposed or proceed to trial, she must return to Illinois.
I was involved in an accident in the slick weather the other night. I was rear-ended by someone who is saying he was rear-ended. His insurance is denying my claim because the mystery car is liable. Problem is, neither he or I ever saw this other car. It's purely his word that he was hit. He... View More
answered on Nov 21, 2018
It is absolutely reasonable for his insurance to take this position. If the only reason he hit you is because someone hit him, he is not liable. In turn, his insurance company is not liable. That said, common sense should reign. It would be nearly impossible for his card to be hit hard enough... View More
The glass milk bottle was sitting in the sink. Was being washed out and exploded
answered on Nov 21, 2018
The situation you explain is simply not possible. A glass bottle cannot explode any more than a water glass can explode. On the other hand, if a sealed milk bottle was in the sink, before it had been washed, it is certainly possible for back area growth to result in sufficient pressure to cause... View More
the rest of the siblings?
answered on Nov 20, 2018
No, he is just the name on the lawsuit. When the case is tried or settled, the Court will have to approve a distribution of the funds. Siblings generally take equally.
I have liability w/ medical but lawyer says wait for settlement & fix yr own car? If my insurance pays medical will I have no settlement or more $ to fix my car? Or can they still sue to get her insurance to fix?
answered on Nov 21, 2018
They don't have to pay if she does not cooperate. there must be some misunderstanding. It makes no sense for your attorney to instruct that you repair the car with your own money. Remember, personal injury attorneys are generally not concerned about property damage beyond whether there is... View More
friend in a suit if I feel he is the one that encouraged him to speed and then he got in an accident? Could it get my son off the hook?
answered on Nov 12, 2018
If your son was driving, he is responsible for the accident unless a passenger grabbed the wheel or depressed the accelerator.
I was entering a intersection as my light turned yellow, going straight, a girl coming from the opposite direction, in the left turning lane, turned right into me. This happened the 20th of October. We both have Geico Insurance, and they have both of us at no fault. They have 2 statements verifying... View More
answered on Nov 12, 2018
If Geico says you were not at fault and you go through your policy, your car will be replaced, immediately, less your deductible which Geico must return to you on your facts. What's the problem?
Doctors X-rays said inflammation arthritis 2 days off work then 6 days back to work landed me in ER cat scan showed 2 bulging discs. Boss has told me take as much time as needed and he can always find something for me to do at work. I have given my personal insurance for doctors and Er visits, not... View More
answered on Nov 12, 2018
This is why you need an experienced Workers' Compensation attorney. You are entitled to be paid for every day you cannot work due to your injury or you earn less money because of restrictions. Back injuries are among the most debilitating. No matter what your boss says, if you need surgery... View More
employer?
answered on Nov 5, 2018
Workers' Compensation questions are before the Workers' Compensation Commission. YES, if you were overpaid, you can owe money. If this is the case, it is usually learned early-on. In that case, it can be deducted from the permanency. Discuss your claim with an experienced attorney in... View More
On 10/19/2018 I was driving down Butterfield Rd at approximately 50Mph (Road speed limit 50) this road is a 2 way only with cars being able to pull out from right hand side to make either a left or a right hand turn. I was reaching dupage Pkwy when a car decided to fail to yield to a stop sign and... View More
answered on Oct 31, 2018
The other driver was cited and is at-fault. Your failure to have a valid license or insurance is irrelevant. If you had insurance, you could make a claim on your policy to expedite recovery or to get more money if you had higher limits than the other driver. You have very little chance of... View More
answered on Oct 30, 2018
Anyone can sue anyone. If they do sue you, you MUST turn it over to your insurance, IMMEDIATELY. If the decedent is determined to have been the negligent driver, the estate CANNOT recover. In this case, your wife also needs to hire counsel, ASAP, to file a Counterclaim, working with your... View More
momentum forced arm up very hard, my office told me to call Workman Comp and go to the er, been to the dr twice already, no use of the arm, I have not been able to get medication for pain, different story every attempt, I was told that my case hasn't been accepted yet, how can this be right... View More
answered on Nov 12, 2018
You may have two cases. The Workers' Compensation claim AND a premises action against the client's homeowner's policy. THE 3RD PARTY CLAIM IS NOT OPTIONAL. If you are not going to pursue a legitimate 3rd party claim, you MUST give that right to the Workers' Compensation... View More
I was at a stop sign at a T intersection. I was going to be making a left hand turn. I checked both ways to make sure I was clear and there was a car 250 ft back. The guy sped up as I was in the intersection. He was doing about 50 mph in a 35 zone. He was looking down and approached me. I layed on... View More
answered on Oct 18, 2018
On your facts, you had a stop sign. The other driver had the Right of Way. You were obligated to Yield the Right of Way. The moment you decided to enter the intersection, you were primarily responsible for the accident.
answered on Sep 26, 2018
Yes. The only exception is for owners. They are allowed to opt out. I choose to cover myself along with employees.
About two weeks ago, I received a ticket from an auto mobile accident, but my insurance company ruled in my favor. I didn't want to take any risks at the time so I plead guilty to the paperwork that the cop gave me and sent in a check for traffic school. I didn't want to risk anything... View More
answered on Sep 20, 2018
1.) Unless you were injured, you WOULD HAVE HAD no use for an attorney. So long as your insurance had determined that the other driver was at fault, your insurance would pay to repair your vehicle, minus the deductible. Your insurance company would then sue the at-fault driver and reimburse your... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
