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Illinois Personal Injury Questions & Answers
2 Answers | Asked in Civil Litigation and Personal Injury for Illinois on
Q: can a driver stopped at a light be held liable for his passenger getting out of the car and getting hit?

The passenger sued the car that hit him but can the driver of the stopped vehicle be brought into the suit??

Peter N. Munsing
Peter N. Munsing
answered on Feb 2, 2017

Possibly. Depends on the dynamics of how it happened, and why, ages, etc.

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1 Answer | Asked in Personal Injury for Illinois on
Q: how much would a lawyer cost for a case involving security cop brutality
Steve McCann
Steve McCann
answered on Jan 31, 2017

The answer to your question depends on specific facts that are not provided here. If you sustained significant personal injuries as a result of the alleged brutality and the facts are in your favor, an attorney may be willing to take the case on a contingent basis, meaning you would not have to... View More

1 Answer | Asked in Criminal Law, Personal Injury and Civil Rights for Illinois on
Q: 1983 Lawsuit - Is the 2 year deadline from final ARB decision, or 2 years from actual injury?

For an Illinois prisoner wishing to file a 1983 lawsuit, is the 2 year deadline from the final disposition of the Administrative Review decision, or is it 2 years from the actual injury no matter how long it takes the prison to deal with the grievance?

Steve McCann
Steve McCann
answered on Jan 25, 2017

The answer to your question is very fact specific, and cannot be answered with certainty based on the limited facts provided. That said, based on the limited facts provided, it is 2 years from the actual injury or whenever you were discovered that the injury occurred. I would highly recommend... View More

1 Answer | Asked in Personal Injury and Landlord - Tenant for Illinois on
Q: What can you do when you notify your landlord of an Bed Bug Issue, and he refuses to do anything to treat the apartment?

Early December I notified my landlord of an bed bug issue. Since then the landlord has refused to do anything to treat the apartment. I have withheld rent, until this apartment is beg free. I also have done research on my end, and have sprayed to treat the apartment myself. So far negotiations... View More

Steve McCann
Steve McCann
answered on Jan 20, 2017

I would highly recommend consulting with an attorney individually before doing anything further. Did you notify your landlord in writing and do you have receipts for your furniture you were forced to throw away? In any event, organize all of the information you have in your possession regarding... View More

2 Answers | Asked in Contracts, Employment Law, Personal Injury and Civil Rights for Illinois on
Q: I About 45 Claims that were accepted by the EEOC and have a Hearing In U.S District Court I need a Lawyer.

I am federal employee tha has a upcoming hearing with very solid evidence and will by suing for $3000,000, I will be settling, I work for the Edward Hines Jr. VA Hospital and my boss is the person that created the Secret Wait List and did not give Veterans a Military Burial, where the bodies of our... View More

Steve McCann
Steve McCann
answered on Jan 11, 2017

You are making the right decision to seek counsel in this situation, as opposition will not take you seriously until you are represented by experienced counsel. Have you had any form of settlement discussion with opposition, and what is the status of the EEOC claim? I would recommend organizing... View More

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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?

Steve McCann
Steve McCann
answered on Dec 21, 2016

The answer to your question is an extremely critical determination to make prior to filing a lawsuit, and it depends on the specific facts surrounding the injury. Have you seen a medical professional since your injury, and did you file a report after the injury occurred? If not, do so... View More

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2 Answers | Asked in Personal Injury for Illinois on
Q: I was in a minor accident and I don't think I was injured. Should I still see a doctor?
Steve McCann
Steve McCann
answered on Dec 14, 2016

Yes, you absolutely should see a doctor. Often times with minor accidents, swelling and noticeable injuries do not occur for days or maybe even weeks after. If something comes up at a later date, it will be far more burdensome to collect damages if there was a lapse in time from the accident to... 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
PREMIUM
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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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 Personal Injury, Workers' Compensation and Employment Discrimination for Illinois on
Q: Worker's Comp refused to pay for the FCE now what?

Hello I live in the state of Illinois. I hurt my back in March of 2016 due to a work related injury. Its now almost 9 months later and I'm still experiencing some pain. I have had epidural steroid injection, physical therapy and plus 4 weeks of work hardening therapy program. I have also been... View More

Steve McCann
Steve McCann
answered on Nov 19, 2016

All questions should be directed to your attorney. If you are not fully satisfied with your current representation, consider hiring new counsel, as it may be a very long road ahead.

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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

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?

Steve McCann
Steve McCann
answered on Nov 15, 2016

Yes, it is certainly fact dependent, and there are several factors take into consideration. I would recommend discussing the pros and cons of taking your case to trial with your attorney. If you are not represented by an attorney, you should consult with one individually immediately. A... View More

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1 Answer | Asked in Personal Injury for Illinois on
Q: A Facebook friend is spreading rumors about me online. Can I sue them?
Peter N. Munsing
Peter N. Munsing
answered on Nov 11, 2016

Possibly depending on the rumors. Work out a strategy with an in-person attorney consult.

2 Answers | Asked in Criminal Law, Personal Injury and Libel & Slander for Illinois on
Q: I have evidence that people lied on the stand to get a false stalking order granted against me. Who do I take this to?
Brian Polinske
Brian Polinske
answered on Nov 1, 2016

You simply file a police report about the incident. The police will choose to investigate or not. If they move forward they can either file a misdemeanor charge against the person(s) who testified or seek more serious charges against them from the State's Attorney.

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2 Answers | Asked in Personal Injury for Illinois on
Q: I bought a vehicle with brakes that didn't work - a person was injured.

Am I on the hook for anything if I had no idea there was an issue?

Steve McCann
Steve McCann
answered on Oct 28, 2016

The answer to your question depends on very specific facts that are not provided here, such as when you first notice the brakes did not work properly. I would recommend organizing all information relevant to this situation, including all of your recent auto repair bills, and consulting with an... View More

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1 Answer | Asked in Criminal Law and Personal Injury for Illinois on
Q: I was arrested for Disorderly conduct in Illinois. The charging document claimed I disturbed employees at a business.

I went to court and had a Judge order the videotapes of the incident preserved. After that I got a PD, and we viewed the videotape and the police narrative of the incident. The State has SOL'ed the charges and I have a certified copy of a DDT. The narrative claims and I cannot quote it... View More

Peter N. Munsing
Peter N. Munsing
answered on Oct 24, 2016

Ask your lawyer to ask for it or at least that it be preserved with the court. Win the dismissal first, though. Never as easy as it seems.

2 Answers | Asked in Criminal Law, Federal Crimes, Libel & Slander and Personal Injury for Illinois on
Q: Who do I talk to concerning a person who committed perjury under oath to get a stalking no contact order granted?

On 7-18-2016 this lady went to court & lied to the judge & said that I was stalking her. I was also present that day in court & I told the judge she was lying & upset because her friends who happen to be my neighbors @ the time. Got put out by the park or moved out on their own for... View More

Cheryl Powell
Cheryl Powell
answered on Oct 23, 2016

The judge determines the credibility of the witnesses. If the judge ruled against you, he/she may not have believed you. That does not mean the other party is guilty of perjury. If you are being stalked by the other party, you may seek such an order.

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1 Answer | Asked in Personal Injury for Illinois on
Q: I work as a maid in a hotel as a subcontractor.

The floors were recently cleaned and were slippery and I hurt my hand. The hotel refuses to help because they say I am a subcontractor - what should I do?

Steve McCann
Steve McCann
answered on Oct 21, 2016

You have several options. The fact that you may be an independent contractor does not mean that you are not entitled to compensation. Did the hotel have notice of the wet floors, and were there any warning signs? In any event, seek medical attention, organize all information relevant to this... View More

3 Answers | Asked in Personal Injury for Illinois on
Q: What kind of taxes do I have to pay from a personal injury settlement?
Steve McCann
Steve McCann
answered on Oct 14, 2016

It depends on the nature of the injury and the wording of the settlement release. You do not have to pay taxes on personal injury settlements relating to bodily injuries. I would recommend discussing the details with your attorney. If you do not have an attorney, I highly suggest you consult one... View More

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4 Answers | Asked in Personal Injury for Illinois on
Q: My husband was in a car accident over the weekend, but he was driving the company car.

Does his employer take care of everything or does he?

Steve McCann
Steve McCann
answered on Oct 7, 2016

The answer to your question depends on very specific facts that's are not provided here. When your husband was driving, was he driving within the course of his employment? If so, his employer will likely be responsible for his injuries. In any event, first make sure your husband seeks medical... View More

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