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Illinois Personal Injury Questions & Answers
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...
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1 Answer | 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

0 Answers | Asked in Landlord - Tenant, Real Estate Law and Personal Injury for Illinois on
Q: Willful neglect by landlord over structural issues due to water leakage in building.

I need information on willful neglect by a landlord who knowingly housed tenants in a building experiencing structural issues due to an undisclosed amount of water leakage. The water drainage problems are weakening the foundation, causing concern for tenant safety. Despite this, the landlord has... View More

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,...
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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

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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

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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
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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

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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

1 Answer | Asked in Personal Injury, Civil Litigation, Small Claims and Wrongful Death for Illinois on
Q: Hello, Does every attorney that presents on a case before the court have to file an individual appearance?

Hello,

My Question: If a law firm files an appearance and list two attorneys on the appearance, Can a new attorney for the same firm, present to the court without filing an additional appearance?

Ex: attorney X represents Client A, X law firm files an appearance for his firm,... View More

Tim Akpinar
Tim Akpinar
answered on Jul 28, 2024

Only an Illinois attorney could answer your question, as it involves state procedural rules, but you await a response for five weeks. Until you are able to consult with a local attorney who could advise precisely under Illinois civil procedure law, in many places nationwide as a general practice,... View More

2 Answers | Asked in Criminal Law, Family Law and Personal Injury for Illinois on
Q: What will happen to me if I run away at 16 an don't return until I'm 18
Cheryl Powell
Cheryl Powell
answered on Jun 17, 2024

Everyone harboring you can be charged with a felony for harboring a runaway. You put everyone in danger who tries to help you.

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2 Answers | Asked in Civil Rights, Personal Injury and Libel & Slander for Illinois on
Q: How do I find someone to take a case against a police officer and states attorneys office for unlawful arrest
Charles Candiano
Charles Candiano
answered on Jun 6, 2024

You CANNOT sue a police officer or the state's attorney for anything they do in the performance of their official duties. They are immune from prosecution. Beyond that, a police officer has broad discretion in making an arrest. If you believe the arrest was unlawful, you should discuss the... View More

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2 Answers | Asked in Personal Injury and Car Accidents for Illinois on
Q: I had an accident.I was in passenger side in Lincoln MKT town car and while airbags being deployed and it burst on face.

I think it was a issue with airbags as it bursted.

Charles Candiano
Charles Candiano
answered on Jun 3, 2024

The way this works is that you need to ask a question. You only tell us that you were a passenger in a used car that is 5 - 15 years old. Then you say that you think there was an issue with the airbag because the airbag bursted/ruptured.

Essentially, you are asserting that the airbags...
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1 Answer | Asked in Personal Injury for Illinois on
Q: Accdnt 2017, no action by my move 2019, other ins. co. sttled without me, found out State has $500 in my name, what todo

Accident August 2017, got lawyer for back injury, needed therapy. Didn't hear from my lawyer except Summer, 2018 asking question, and April - May, 2019 with wrong BDay. Never got a hold of him otherwise. Went through separation, cancer, divorce, selling house and finally I moved November 2019.... View More

Charles Candiano
Charles Candiano
answered on Apr 29, 2024

Your facts just don't make sense. If you had an accident in August 2017, your attorney needed to file suit by August 2019 or the statute of limitations would have run and you would be barred from any recovery. If your attorney filed suit in August 2019, your deposition would have been... View More

1 Answer | Asked in Medical Malpractice and Personal Injury for Illinois on
Q: We have a similar case but wife had tubes tied same surgery and nerve condctn tests considerable scarring and sunken tsu

She found she has carpal tunnel both wrists from workin for same facility for years as housekeeper now shes a receptionist there loved by all her patients. She now has alot more problems with said arm being numb and having bad bloodflow. We get many bills from that n previous back surgereywhich she... View More

Tim Akpinar
Tim Akpinar
answered on Mar 25, 2024

An Illinois attorney could advise best, but your question remains open for two weeks. It isn't fully clear whether you are inquiring about your rights in a potential med mal matter, or are seeking representation in defense of a collection suit. One option could be to reach out to law firms to... View More

1 Answer | Asked in Personal Injury and Workers' Compensation for Illinois on
Q: I am so confused ...what do i do now that my condition has worsened to death sentence?After the closing of 1st claim

first claim was closed when i was told by my attorney after telling him I was diagnosed cancer it would be left open ....i am seriously so upset that i was told i have no case even w the getting stage4b lung cancer all the sudden 6 -12 months before may 2022 scan and had breakout at work sept... View More

Charles Candiano
Charles Candiano
answered on Mar 1, 2024

You also posted this question in Avvo. Unfortunately, neither posting contains the information necessary to provide a definitive answer to your question. You do not tell us about your Worker's Compensation claim other than you had one and you are represented by an attorney. You do not tell... View More

3 Answers | Asked in Car Accidents, Personal Injury and Medical Malpractice for Illinois on
Q: I didn’t settled my car accident case until 2021 but I am have to get my leg cut off due to the accident I’ve had the

Same surgery 2 times I feel the first dr should have done better is there anything I can do cause this has changed my life forever I never knew it would of turned out this bad

Charles Candiano
Charles Candiano
answered on Feb 19, 2024

CAR ACCIDENT

If you are asking about reopening the car accident, you CANNOT do that. That said, given the extent of your injuries, the insurance carrier probably surrendered their policy limits. That is to say that you probably received ALL available money.

Medical Malpractice...
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4 Answers | Asked in Car Accidents and Personal Injury for Illinois on
Q: I was in a car accident in 2019 I settled my case but now I may have to get my leg amputated can I do anything else

Or can I take the lady to small claims court

Adam Maksimovich
Adam Maksimovich
answered on Feb 17, 2024

It’s unlikely due to both the statute of limitations (since accident was in 2019) and the fact that there was a settlement. However if the amputation has some additional cause (medical negligence perhaps?), then it might be possible to recover in some other way. It’s best to contact a lawyer to... View More

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