Ask a Question

Get free answers to your Personal Injury legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Illinois Personal Injury Questions & Answers
1 Answer | Asked in Medical Malpractice and Personal Injury for Illinois on
Q: Can my son's MS from mercury fillings fall under the 10-year statute of repose?

I have twin sons who received dental fillings: one received 9 composite fillings, while the other received 9 mercury silver fillings. The latter twin developed MS, which was linked to the mercury fillings by a renowned neurotoxicologist's published research and extensive documentation.... View More

Charles Candiano
Charles Candiano
answered on Apr 6, 2025

Statute of repose for what? TODAY, there is no restriction or guideline against amalgam fillings in Illinois so even if you could prove a nexus between the fillings and the MS (and I don't see how you can), you CANNOT hold the dentist responsible because using amalgam fillings is still... View More

1 Answer | Asked in Traffic Tickets, Insurance Defense, Car Accidents and Personal Injury for Illinois on
Q: Will I go to jail for my first traffic offense causing car damage and being uninsured?

I was involved in my first traffic offense where I was uninsured and caused property damage to a car. The damage involved was car property damage, and I have a clean record until now. I have been given a court date. Will I go to jail for this offense?

Charles Candiano
Charles Candiano
answered on Apr 4, 2025

Assuming the citation was issued in Illinois, almost certainly not. That is probably the case in Wisconsin but I do not practice in Wisconsin so I cannot tell you. That said, you must immediately make arrangements with the other driver or his insurance carrier to make payments on the debt or... View More

2 Answers | Asked in Medical Malpractice and Personal Injury for Illinois on
Q: I consented to a painful gynecological exam. What can I do legally?

I underwent an invasive gynecological exam in October 2023. I agreed to the exam because the doctor told me it was the only way to get information about my issue. I was informed it might cause "discomfort," but it was excruciatingly painful, and I was crying and unable to speak. The... View More

Charles Candiano
Charles Candiano
answered on Apr 3, 2025

I'm sorry to hear of your trying experience. Unfortunately, doctors are often misinformed that they are unable to express their concern/sympathy for your situation without admitting liability. You have to understand that if the procedure that the doctor performed was an appropriate procedure... View More

View More Answers

1 Answer | Asked in Medical Malpractice, Civil Rights and Personal Injury for Illinois on
Q: What can I do about a psychiatrist's inappropriate conduct in Illinois?

I had a psychiatrist for six years, mainly consisting of talk therapy after discontinuing medications. He made inappropriate comments, such as asking about my experience as a woman with physical features and dismissing my experiences of abuse. He objectified me and commented on my attractiveness,... View More

Charles Candiano
Charles Candiano
answered on Apr 3, 2025

What you describe is your opinion that the psychiatrist conducted himself/herself inappropriately. You also say that you have consulted with his peers, butt you do not tell us their opinions. Another psychiatrist or clinical psychologist would be in the best position to advise you whether your... View More

0 Answers | Asked in Criminal Law, Civil Litigation and Personal Injury for Illinois on
Q: Can I do anything about a past sexual abuse case the police aren't pursuing?

I was sexually abused at a party in Illinois about 10 years ago. I reported the incident to the police last year, but they aren't pursuing the case, stating they have higher priority cases and there's insufficient evidence. I know the perpetrator and have a friend who gave her statement... View More

1 Answer | Asked in Consumer Law, Insurance Bad Faith, Car Accidents and Personal Injury for Illinois on
Q: Paid for car insurance via dealership, no coverage record; need help.

I bought a car on March 7, 2025, with the requirement to have full coverage insurance in order to drive it off the lot. The car salesman informed me that he would set up insurance for $401. I paid this amount via Cash App but did not receive a declarations page or any official documentation. On... View More

Charles Candiano
Charles Candiano
answered on Mar 26, 2025

First things first. Begin by contacting the dealer and requesting the name and contact information of the insurance company. In the future, avoid the situation by comparing various insurance carriers ahead of time and advising them of your intention to purchase this make and model vehicle so... View More

0 Answers | Asked in Medical Malpractice and Personal Injury for Illinois on
Q: Do I have a case for misdiagnosis and surgical error in IL?

I would like to inquire if I have a case of misdiagnosis and surgical error. Initially, I went to urgent care due to pain, where a CT scan was done, and they discharged me saying they didn't find anything. Still in pain, I visited the ER the next day, and they decided to remove my gallbladder.... View More

0 Answers | Asked in Animal / Dog Law, Consumer Law, Personal Injury and Insurance Defense for Illinois on
Q: Can I request compensation for property damage caused by a neighbor's dog?

I am located in Illinois. My neighbor's dog broke into my property and killed my two dogs inside my house after breaking through my back fence. I have documented evidence, including video footage and a police report. I've contacted animal control multiple times about this dog. I tried... View More

2 Answers | Asked in Car Accidents, Personal Injury and Insurance Defense for Illinois on
Q: Can I sue after signing a law and injury form with State Farm and my car was totaled?

I was in a car accident and signed a law and injury form with State Farm. A couple of days later, State Farm totaled out my car. Given this situation, am I still able to sue?

Charles Candiano
Charles Candiano
answered on Mar 10, 2025

There is no such thing as a "Law and Injury Form," so it is difficult to answer. Your property damage claim is handled entirely separately from your personal injury claim. Before any insurance company will release any money to you for property damage or personal injury, you must... View More

View More Answers

1 Answer | Asked in Animal / Dog Law, Civil Litigation and Personal Injury for Illinois on
Q: Can I win a case against my neighbor for their Doberman attacking and killing my dog?

My neighbor's Doberman came into my yard and bit my 10 lb Pomeranian on the neck, resulting in my dog's death. My dog was on a leash being held at the time. The incident cost me $800 plus additional expenses. The Sheriff came out, and I have a police report, but Animal Control did not... View More

Charles Candiano
Charles Candiano
answered on Mar 3, 2025

Unless you were on your neighbor's property, the Doberman was NOT under its owner's control when it attacked your dog, so your neighbor IS responsible. Animal control CANNOT choose not to respond to an animal attack. Go to animal control and demand that they prepare a report. Did the... View More

1 Answer | Asked in Domestic Violence and Personal Injury for Illinois on
Q: Understanding legal rights after being kicked by dad

A year ago, my dad kicked me after we had a conversation about some jokes I made that got me in trouble. I felt bad about the situation, but I'm also concerned about the physical aspect of the incident. I want to understand my legal rights regarding this situation and explore what steps I can take.

Cheryl Powell
Cheryl Powell
answered on Feb 25, 2025

Are you a minor? If so call the DCFS hotline and make a report. You may may a police report no matter how old you are.

However, the main answer is to keep you separated and living in separate residences if there is violence.

Is that really what you want? Many questions need to be...
View More

3 Answers | Asked in Medical Malpractice and Personal Injury for Illinois on
Q: Can I sue multiple hospitals for negligence in Illinois for failing to diagnose septic arthritis?

I am considering suing multiple hospitals for medical malpractice or negligence due to a failure to diagnose septic arthritis. From October to December, several doctors overlooked my blood test results and complaints. After visiting the fifth hospital, where I received an aspiration, the correct... View More

Charles Candiano
Charles Candiano
answered on Feb 24, 2025

By all means, consult medical malpractice attorneys. Much will depend upon your present physician's ability to testify as to the ADDITIONAL harm that you sustained as a result of your delayed diagnosis. If the delay in your diagnosis resulted in no additional harm ( beyond your continuing... View More

View More Answers

1 Answer | Asked in Personal Injury, Products Liability, Medical Malpractice and Uncategorized for Illinois on
Q: Can I hold the VA accountable for damages, like losing my job and my educational benefits due to a injection given to me

I received a covid inject on 09-26-2004, afterwards i began to fill pain and tingling in my right arm. After that i ended up in the emergency room twice. Then i was call in to the Joliet clinic and found out that my arm was infected and feverish. I was given antibiotics for it and sent home with... View More

Charles Candiano
Charles Candiano
answered on Feb 11, 2025

Technically, YES, but for all practical purposes, NO. Before you can sue, you must submit a Standard Form 95 to the VA, stating:

The negligence that occurred

The damages suffered

The amount of compensation sought

The evidence supporting your claim (medical records,...
View More

2 Answers | Asked in Divorce and Personal Injury for Illinois on
Q: Can I sue my husband for intentional infliction of emotional distress

I have been married to my husband since 02/27/2019. In about June of 2019 we had started using methamphetamine. Shortly after we started using together, he started getting physically violent. Mainly at first he would choke me out till I passed out. Like I would be standing up and he would come from... View More

Charles Candiano
Charles Candiano
answered on Jan 23, 2025

Ms. Powell is correct that it is technically possible. That said, litigation is terribly expensive (you will need to pay in advance) and you need to consider whether your husband would be able to pay. More importantly, money isn't going to keep you from being repeatedly injured by your... View More

View More Answers

1 Answer | Asked in Personal Injury for Illinois on
Q: my OB I had gestational diabetes during my pregnancy and that lead me to developed type two diabetes , can I sue ?

was never told by my OB I had gestational diabetes during my pregnancy and that lead me to developed type two diabetes, (she did do the test for glucose, I was told to monitor my numbers because the results came out high but didn’t say anything that I had developed diabetes, throughout my whole... View More

Charles Candiano
Charles Candiano
answered on Nov 1, 2024

Sue for what? There is NOTHING that anyone can do to prevent GD. To sue under a theory of medical negligence/malpractice, you MUST be able to articulate how the provider breached the standard of care they owed you. GD is CAUSED by the placenta interfering with insulin absorption. It cannot be... View More

1 Answer | Asked in Personal Injury and Products Liability for Illinois on
Q: Where can I find sample punitive damages interrogatories?
Charles Candiano
Charles Candiano
answered on Oct 25, 2024

Just to review, compensatory damages are usually the only damages awarded, in any action. Punitive damages are extremely rare and in Indiana courts, they are limited to $50,000 of which only A maximum of$12,500 is payableTo any Plaintiff. After attorney fees and costs, your recovery is capped at... View More

1 Answer | Asked in Personal Injury and Products Liability for Illinois on
Q: What would you need to sue a shoe manufacturer or company if you sustained an injury from a defective shoe.

I was running and my shoe ripped open from the front and I sustained a hip and leg injury.

Tim Akpinar
Tim Akpinar
answered on Sep 23, 2024

An Illinois attorney could advise best, but your question remains open for a week. Until you are able to consult with a local attorney, to answer your question about what you'd need, it would include being able to prove that the shoe was defective, either in its design, manufacture, or failure... View More

2 Answers | Asked in Personal Injury and Workers' Compensation for Illinois on
Q: How do you determine what is a sufficient settlement for an injury on the job?

If a nurse is assaulted while on the job by a mental patient, how do you determine what a fair settlement would be?

Tim Akpinar
Tim Akpinar
answered on Aug 15, 2024

An Illinois attorney could advise best, but your question remains open for two weeks. I'm sorry this happened. If the nurse you describe is yourself, I hope you are okay. It could depend on injuries, time lost from work, level and permanence of any disability incurred, and other factors. One... View More

View More Answers

2 Answers | Asked in Personal Injury and Car Accidents for Illinois on
Q: What If I feel like I was wrongly accused of a accident that was partially my fault?

I was involved in a car accident where I was coming down the wrong side turning lane and I took fault for that part but in doing so he wasn't supposed to be turning without one a turning signal then he came down a turning lane stating that he was jus trying to go on on coming traffic headed... View More

Gary K. Burger Jr
PREMIUM
Gary K. Burger Jr pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 22, 2024

Illinois has a modified comparative fault rule, which means that someone who is partially at fault can still recover compensation from the other party's insurance as long as they were 50% or less at fault (the amount they recover would be reduced by the share of fault they carry, so if they... View More

View More Answers

1 Answer | Asked in Personal Injury for Illinois on
Q: I slipped & fell on some ice & broke 3 of my metatarsal bones and have permanent screw, I haven’t heard anything back

It’s been 6 weeks since I heard from my adjuster , I needed surgery, I was out of work for 3 months & I have 6k in medical bills, the homeowner agreed that they didn’t take the adequate steps to ensure the driveway was safe, what’s taking them so long with my claim?

Tim Akpinar
Tim Akpinar
answered on Jul 15, 2024

An Illinois attorney could advise best, but your question remains open for a week. I'm sorry for your accident and your frustration with the claims process. One option is to follow up with the claim representative to ask if they need further documentation or information to continue processing... View More

Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.