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Illinois Personal Injury Questions & Answers
1 Answer | Asked in Medical Malpractice and Personal Injury for Illinois on
Q: Piece of foley balloon left inside of my bladder after I had my C-section in December 2021

Doctors thought it was a tumor from ultrasounds I had until I had my cystoscopy done, and we seen that it was part of the foley balloon. So it was in my bladder for thirteen months.

Lindsey Seeskin
Lindsey Seeskin
answered on Feb 2, 2023

I'm very sorry to hear the ordeal you have experienced. The foley balloon, once left in your body after completion of the c-section and any further medical care, became what is known as a "retained foreign object". This should never have happened. A medical malpractice claim may be warranted.

1 Answer | Asked in Nursing Home Abuse, Personal Injury and Wrongful Death for Illinois on
Q: Can you sue a John Doe or John Doe corporation as the Defendants in a nursing home neglect civil suit in Illinois?

My situation is, my mom fell or was dropped in a nursing home, a lawyer called me and said he was on the case 1y and 9m later he called and said he passed the case to another firm but that firm had no records and urged me to get the records which has pushed up to the deadline to file tomorrow. The... Read more »

Charles Candiano
Charles Candiano
answered on Dec 16, 2022

On your facts, the statute of limitations (SOL) is two years. You need to file on or before that date. No attorney or law firm was "on the case" unless your mother signed documents, hiring that attorney or that law firm. The SOL is all that matters. Whether your mother hired two... Read more »

1 Answer | Asked in Landlord - Tenant and Personal Injury for Illinois on
Q: There was a bad leak that caused mold nothing was done for 3 years now my rent is raised and my family is sick all the

Landlord wouldn't do any repairs for years and there was a leak and mold every where my son is always sick and now that she fixed it she raised the rent from 925 to 1200 what can I do I do not want to sign a new lease

Tim Akpinar
Tim Akpinar
answered on Dec 23, 2022

An Illinois attorney could advise best, but your question remains open for two weeks. I'm sorry for your family's ordeal. For the personal injury aspects of your question, reach out to local attorneys to try to arrange a free initial consult. Unfortunately, not all injury law firms handle... Read more »

1 Answer | Asked in Personal Injury for Illinois on
Q: I fall down on landlord property off the broke deck stair and broke tailbone
Tim Akpinar
Tim Akpinar
answered on Dec 28, 2022

An Illinois attorney could advise best, but your question remains open for three weeks. There wasn't a question here, but it seems likely you are wondering about your rights. If that's the case, try to arrange a free initial consult with an Illinois personal injury attorney. A law firm... Read more »

1 Answer | Asked in Personal Injury for Illinois on
Q: is the hotel responsible for a escalator fall if if the person is intoxicated?

My brother and I had just gotten on the escalator. I was in front and him behind. I fell backwards on top of him. Even though the escalator continued to go up we stayed at the bottom. Both of us received many lacerations. I received several on my right calf. My brother received several on his calf,... Read more »

Charles Candiano
Charles Candiano
answered on Nov 29, 2022

On your facts, there was no defect or malfunction of the escalator. Rather, you lost your balance from drinking too much and fell backwards, on your brother which caused him to fall. If you were overserved in a hotel bar or restaurant, it may be possible for you or your brother to bring a... Read more »

1 Answer | Asked in Civil Litigation, Libel & Slander and Personal Injury for Illinois on
Q: State Agency Rep committed slander and put Red Flag report on person after 40 second phone call.

SBDC office rep was to transfer me to their office manager to go over business plans for services. The Receptionist spoke to me for 40 seconds. After, transferred me. She then continued to file a State police complaint claiming I was a threat to society. Googled my name, saw images of me over... Read more »

Charles Candiano
Charles Candiano
answered on Nov 23, 2022

You cannot sue a State Agency in Civil Court. You must sue them in the Court of Claims and then only after filing a Tort Claims Notice (usually within 6 months). That is probably a very bad idea for many reasons, including limited recovery and a long wait time to be paid.

The suggestion...
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1 Answer | Asked in Personal Injury and Appeals / Appellate Law for Illinois on
Q: Can't find the decision before Ill Appellate Court First District in 1997: Moll v. Mt. Prospect Fire Dept.Pension Fund.
Charles Candiano
Charles Candiano
answered on Oct 18, 2022

There are no reported Decisions involving a litigant by the name of "Moll" and "Mount Prospect" from the late 1980's, to present. It would be helpful to know why you are looking for it/what proposition it stands for. Please provide that information and I'll check.

2 Answers | Asked in Personal Injury and Medical Malpractice for Illinois on
Q: medical injury cannot find lawyer due to case won't net enough of money for their law firm any suggestions? arbitration?

i feel the doctor should be held accountable for causing me additional injury pain and suffering here in life!

Charles Candiano
Charles Candiano
answered on Oct 18, 2022

I do not know anything about your situation. If a law firm has confirmed to you that the physician's actions constituted medical negligence, you can always file a complaint with the Illinois Department of Financial and Professional Regulation. That is the State agency that licenses all... Read more »

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1 Answer | Asked in Domestic Violence and Personal Injury for Illinois on
Q: Victim lures defendant to place where no contact order is to humiliate cyber bully attack and cause distress to cause ha
Charles Candiano
Charles Candiano
answered on Sep 18, 2022

You only provide part of the scenario. The way this works is that you need to ask a question so that we may respond. Please repost with a question.

1 Answer | Asked in Personal Injury and Education Law for Illinois on
Q: My son is in 1st grade, today he was hit multiple times by another student who he doesn’t even know.

He’s never even spoken to this kid. He walked up to my son during lunch and started kicking him and hitting him. There is supposed to be lunch attendants making sure this stuff doesn’t happen. No body helped until my son was crying. His friend was screaming and asking for help. A teacher came... Read more »

Charles Candiano
Charles Candiano
answered on Aug 31, 2022

There have always been bullies. There probably always will be bullies. There is no law to invoke. If the school has a zero-tolerance policy about violence, the aggressor should be reprimanded. Request a meeting with the principal to express your concern and to request that the student be... Read more »

1 Answer | Asked in Personal Injury for Illinois on
Q: Could screaming be assault if directed at a stroke victim in a real estate office owner doing the screaming
Charles Candiano
Charles Candiano
answered on Jul 23, 2022

There are no lottery winners in personal injury. If you have a doctor who provides a nexus between the screaming and the stroke, THEN we can ask if the stroke was a foreseeable consequence of the screaming. Probably not.

1 Answer | Asked in Personal Injury, Civil Rights, Identity Theft and Land Use & Zoning for Illinois on
Q: First of all house. My house at 7229 South Harvard in Chicago they took me to court I w o n of my case a rule 23 return

The managers in the work program man have stole all my stuff then I got me to the other building they change my rent to $1,000 or $37,000 I they won't take me to court and I can't get nobody help me how to build a change my property my unit told me I wasn't the owner but they... Read more »

Charles Candiano
Charles Candiano
answered on Jun 23, 2022

Please read:

You must ask a coherent question or NOBODY can help you.

Reciting rambling facts with no syntax wastes your time and ours because it is unintelligible.

Never use proper names in an online post. Your question is supposed to be anonymous.

2 Answers | Asked in Contracts, Personal Injury and Construction Law for Illinois on
Q: A guy wants to take my old barn down. What can I do to make sure I'm not liable for accidents etc? ILLINOIS

Agreed he could have half the wood.

Bryan R. Bagdady
Bryan R. Bagdady
answered on Jun 20, 2022

Make sure that you have a written agreement. Although I don't see this work as falling under the Home Repair and Remodeling Act, the act requires written contracts for work in excess of $1,000. That should be a tip that a written agreement may be useful here. Have the contractor agree to... Read more »

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1 Answer | Asked in Personal Injury and Civil Litigation for Illinois on
Q: What are considered disrespectful attorney acts in context of failing to answer a complaint timely?

Illinois appeals cases for default judgements based on untimely answers have generally cut slack to the untimely Defendant it appears. However it does add a caveat that the attorney cannot be disrespectful in doing so.

Is not the fact that the attorney failed in a case to file answer until... Read more »

Charles Candiano
Charles Candiano
answered on Jun 9, 2022

I'm not really certain as to what you are asking. If you are the client and a default judgment was entered against you, the only aspect of the attorney's conduct that would ever be examined is whether the attorney was able to vacate the default judgment. So long as that is accomplished,... Read more »

1 Answer | Asked in Personal Injury and Landlord - Tenant for Illinois on
Q: Would I be able to sue neighbor for smoking or landlord for not evicting neighbor that abuses no smoking policy.

I have asthma. My Neighbor continues to smoke after complained to manager about it. There is no smoking policy here by HUD. I've complained to HUD abd the state health department smoke hotline.

Charles Candiano
Charles Candiano
answered on Jun 6, 2022

You cannot sue your neighbor because there is no privity of contract between you and your neighbor. If no smoking is a condition of your lease you can break your lease if the landlord refuses to enforce the no smoking policy. If you have complained to HUD, HUD will issue warnings. If the warnings... Read more »

1 Answer | Asked in Personal Injury and Animal / Dog Law for Illinois on
Q: My pit got off his leash while walking run up to another dog, the other dog (pit) badly injured my dog Who's at fault?

Her dog would not let go of my dogs neck.

My dog ran home which was two houses down from the incident with the dog attached to him.

Neighbors came out trying to help get the dog off of mine.

I have paid her vet bill 1,200

And mine which has cost me about $4,000 and... Read more »

Charles Candiano
Charles Candiano
answered on Jun 1, 2022

Your instincts are correct. Your dog got out of its collar and caused injury to the other dog. When your dog got out of its collar, it was out of your control and any injury or damage that resulted is your responsibility. If the woman who was walking the other dog injured her finger, you are... Read more »

1 Answer | Asked in Personal Injury for Illinois on
Q: Can my employer contact my personal doctor over a personal injury requesting for a note to be changed
Steven Sigmond
Steven Sigmond
answered on May 13, 2022

You have a right to privacy. However, often unrepresented people sign medical authorizations or waivers that specifically allow this type of contact without really understanding what they are agreeing to. You can insist that your employer and it's representatives have no communication with... Read more »

1 Answer | Asked in Personal Injury for Illinois on
Q: The mother claiming to be his guardian lied The couple was not married only one year before the accident 8 years later

8 years later she was still going to the hospital heart broken to see her husband. The marriage ended when the accident happened in October 1980 and Herbert never knew Sue ever again. So why was this lawsuit ever allowed to get to court to hurt Sue additionally financially and emotionally want... Read more »

Charles Candiano
Charles Candiano
answered on Apr 29, 2022

You need to ask a question. Mentioning that an unnamed person (who may or may not have been the at-fault driver) had an accident 42 years ago and then asking why his wife was sued is a commentary, not a question. If you want a legal analysis, you need to provide the requisite information. For... Read more »

2 Answers | Asked in Employment Law, Personal Injury and Workers' Compensation for Illinois on
Q: How can I sue my job for mental distress? I asked 3 law firms and they all denied me. They never asked for proof for

anything. They were both Personal injury and employment law firms. What can I do to get what I deserve.

James G. Ahlberg
James G. Ahlberg
answered on Apr 29, 2022

You need to talk to a workers' compensation lawyer.

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1 Answer | Asked in Personal Injury for Illinois on
Q: Do I have a case if I was in a fight when unprovoked another girl jumped in and attacked me as well? + evidence ?

I got in a fight which started when the other girl had grabbed me by the hair and I started defending myself. The girl I was fighting then signaled her friend to jump in ( who had been waiting) and attacked me. I did nothing to her friend and she started striking me . Also The original girl had... Read more »

Charles Candiano
Charles Candiano
answered on Apr 6, 2022

The girl who grabbed your hair committed a battery which is illegal and would have merited her arrest but you chose to fight with her rather than call the police.

Do you have hospital, ER, or other medical bills from the date of the incident? What is your permanent injury? Why didn't...
Read more »

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