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Illinois Personal Injury Questions & Answers
3 Answers | Asked in Personal Injury for Illinois on
Q: If a taxi driver is found liable for injuries his negligence caused a customer, what are some of the torts?

The taxi accelerated suddenly while customer was getting in cab and unintentionally injured the customer's hand. The taxi driver thought an oncoming vehicle was going to run into him so he panicked and accelerated from the curb

Robert D. Kreisman
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Robert D. Kreisman
answered on Oct 2, 2016

If the driver's negligence was a cause of your injuries, then you may be successfully bring a lawsuit or claim for the damages suffered.

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3 Answers | Asked in Personal Injury for Illinois on
Q: I was in the middle of suing someone related to a personal injury and he died.

Am I still able to recover from his estate?

Steve McCann
Steve McCann
answered on Sep 30, 2016

Yes it is possible, but it depends on specific facts that are not provided here. Are you represented by an attorney? If so, direct all questions to him or her. If you are not, you should be. When you say you were in the middle of suing someone, does that mean you filed the suit? Also, what... View More

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3 Answers | Asked in Personal Injury for Illinois on
Q: My teenage son got into a auto accident and was injured.

He does not have his license yet. Are we able to get any money from the other person involved even if my son was not supposed to be driving?

David Alan Wolf
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answered on Sep 23, 2016

Typically, the fact that a driver did not have a license does not preclude the injury victim from seeking damages. The key issue as to liability is who was at fault for the automobile accident. Contact a local personal injury attorney to review the applicable laws and legal rights to... View More

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1 Answer | Asked in Personal Injury for Illinois on
Q: My ex gave me an STD - she insisted she was clean. Now I'm stuck with doctor's bills

- any way I can get some money from her?

Peter N. Munsing
Peter N. Munsing
answered on Sep 15, 2016

Yes. I'm assuming this wasn't divorce. If it was, then you should talk to the lawyer that handled that.

2 Answers | Asked in Criminal Law, Personal Injury, Civil Litigation and Small Claims for Illinois on
Q: Can I use transcripts from a Criminal case in a Civil case that I'm pursuing for damages?

Can I use transcripts from a Criminal case in a Civil case that I'm pursuing for damages? I have a civil trial coming up and would like to use the criminal case transcript to prove the person was found guilty and use the persons testimony against them if they try to testify differently. Also,... View More

Peter N. Munsing
Peter N. Munsing
answered on Sep 13, 2016

Get a certified copy of the criminal docket showing the charge and conviction. Restitution should have been ordered. Contact the victim assistance coordinator at the DA's office. Use the transcript. Make two copies so if the person changes their story you can hand one to them and one for the... View More

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2 Answers | Asked in Personal Injury for Illinois on
Q: I'm waiting for some money I got as a result of an injury but the hospital is demanding payment now.

Is there any way to deal with this so it doesn't get sent to a collection agency and go on my record?

Peter N. Munsing
Peter N. Munsing
answered on Sep 6, 2016

Did you apply for medical assistance? Are they charging you the medicare amount or some inflated amount only those with high deductibles pay? Ask them about their Hill Burton obligation waiver. Tell them if they push you you'll look at bankruptcy.

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2 Answers | Asked in Personal Injury for Illinois on
Q: I went to go stay and visit with my old college roommate

and he and his wife asked me to walk their dog while they went to work. The dog took off on his leash and I was injured chasing after it. Does my friend's home insurer need to pay for my expenses?

Peter N. Munsing
Peter N. Munsing
answered on Aug 30, 2016

No. They weren't careless in maintaining their property. Sounds like you misjudged your ability to handle the dog or his leash.

Sorry.

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3 Answers | Asked in Personal Injury for Illinois on
Q: I got injured but I feel like my insurance company low balled me. What are my rights?
Jonathan Rosenfeld
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Jonathan Rosenfeld
answered on Aug 24, 2016

I'm not certain what type of context you were injured in? Is this involving a personal injury? If you are pursuing a claim with your insurance company, I am going to assume that you may have been injured by an uninsured motorist?

While frustrating, the insurance claims handling...
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2 Answers | Asked in Personal Injury for Illinois on
Q: I hit a motorcyclist but he wasn't wearing a helmet. Is he able to get money from me to pay for his recovery?
Peter N. Munsing
Peter N. Munsing
answered on Aug 17, 2016

Yes. Report it to your insurance company and let them handle it.

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1 Answer | Asked in Personal Injury for Illinois on
Q: I walking in a bike lane and got hit by a cyclist and sprained my ankle.

Even though I wasn't supposed to be in the bike lane, can I sue the cyclist?

Peter N. Munsing
Peter N. Munsing
answered on Aug 8, 2016

If you can show you were clearly in sight, and they hit you. If you were walking across it likely to be on you. Talk to a member of the Illinois Assn for Justice--they give free consults.

1 Answer | Asked in Animal / Dog Law and Personal Injury for Illinois on
Q: I have recently been dog-sitting for a man who who claimed he was going to pay me 100 per week the dog stayed at my pla

Not only has he not paid at all, but the dog recently pulled me down off the leash and resulted in a broken collarbone. I can't work for the next 6-8 weeks as a result of this dog. Can I sue?

Peter N. Munsing
Peter N. Munsing
answered on Jul 31, 2016

On the 100 a week yes. On the injury probably not--barring a written agreement it happened as you were acting as an independent contractor, not an employee.Check with a member of the Illinois Trial Lawyers Assn --they give free consults--but I don't see it.

If you can't do your...
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1 Answer | Asked in Personal Injury for Illinois on
Q: what does the federal has to do with a settlement case

i have been waiting 14 years for my settlement to be resolve, all i am getting is continued after contenue. now they are telling me they are waiting for numbers from the government. what exactly does the government have to do with case.

Peter N. Munsing
Peter N. Munsing
answered on Jul 20, 2016

Presumably there's a medicare lien or a branch of the government is involved. Unlikely a court would wait that long--

suggest two things--go to the courthouse, go to the clerks office, look a the file for your case. See if it's still active.

Second, sit down in person with...
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1 Answer | Asked in Civil Rights, Medical Malpractice and Personal Injury for Illinois on
Q: Can I sue the county jail for health negligence for my brother

My brother has been in the county jail for over a year now and he became sick with pneumonia this year of April June 23rd he was admitted to the hospital they had to do two surgeries on him

Peter N. Munsing
Peter N. Munsing
answered on Jul 16, 2016

Your brother might have a case, but you dont. Suggest he contact the Ill. Civil Liberites Union prisoners rights project. They may have someone working on prison medical issues.

1 Answer | Asked in Personal Injury for Illinois on
Q: Can a customer in your store sue you after he volunteers to inspect phone lines just knocked down by a tow truck?

The customer just happens to be certified telecommunications installer who falls off the roof....

Peter N. Munsing
Peter N. Munsing
answered on Jul 5, 2016

He is doing an errand for you so he may have a claim. It's better directed at the tow truck. There may be a defense of assumption of risk. Bet bet is to notify your insurance which may have a medpay provision and let them handle it.(It's also a requirement of your policy).

1 Answer | Asked in Juvenile Law and Personal Injury for Illinois on
Q: A 14 year old slammed my brothers head against a table of no clear reason. What could we file for & what are penalties?
Peter N. Munsing
Peter N. Munsing
answered on Jul 1, 2016

Penalties come from a criminal complaint--someone needs to report it to the police. If no witnesses they may not do anything. On a civil claim, you sue for damages--the assault and for medical treatment afterward. Talk to a member of the Ill. Trial Lawyers Assn--they give free consults.

3 Answers | Asked in Personal Injury for Illinois on
Q: Social guest who came to visit me at my store fell and broke her leg. Is my store liable for her injury?

She triped behind the counter area.

Ronald V. Miller Jr.
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Ronald V. Miller Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 8, 2016

The question is whether she tripped as the result of the negligence of the store? You are not liable just because someone falls in your store.

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1 Answer | Asked in Personal Injury for Illinois on
Q: Can a lawyer make more money than the six children in a wrongful death lawsuit?

Lawsuit is done, but lawyer not paying children. Think he spent the money. Fees keep going up, but the settlement is done in February.

David Alan Wolf
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answered on Jun 5, 2016

These are serious allegations. Before you go further, set up a meeting with the attorney to discuss the settlement and the closing statement which is an itemization of fees and costs on the case. In most instances, any misunderstands can be worked out with a meeting and better communication.... View More

1 Answer | Asked in Education Law and Personal Injury for Illinois on
Q: If my dorm room is so cold that I get sick, can I sue the school is I have proof I asked them to turn the air down?

I am really sick right now so I could easily get a doctors statement. I also have the email of me asking the woman over housing to turn the air down. She said she'd send someone out, but nothing is done.

Jonathan Damashek
Jonathan Damashek
answered on May 5, 2016

It would be difficult to show a causal connection to the temperature of your door room and you getting sick.

1 Answer | Asked in Personal Injury and Workers' Compensation for Illinois on
Q: My Dad worked for the railroad and now has lung cancer. He worked around diesel exhaust. Can he sue the railroad?

He worked for the railroad for 35 years.

Andrew L. Hughes
Andrew L. Hughes
answered on Apr 15, 2016

Yes - if he was exposed to diesel exhaust at work he may very well have a case. Diesel Exhaust is now considered a carcinogen by the World Health Organization. He would need to bring his action under the Federal Employers Liability Act. If he rode on locomotives, the Locomotive Inspection Act... View More

1 Answer | Asked in Contracts, Employment Law and Personal Injury for Illinois on
Q: I'm going to estimate tree removals and trimmings for a tree service. I'll be paid 10% of jobs I get (cold calls).

I'm a Certified Arborist. The Tree Service does not have Workmans Compensation for the guys performing the work, but does have liability insurance (property damage). I will not be working on the job sight. My name and phone number will be on the estimate as the Certified Arborist (signature).... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Apr 21, 2016

There is no way to guarantee you will not be sued. Not to mention, if you were negligent, you should be sued. Just make sure to have your own insurance as well.

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