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Illinois Personal Injury Questions & Answers
1 Answer | Asked in Car Accidents and Personal Injury for Illinois on
Q: my son-in-law caused accident ystdy & a girl who driver was injured. he doesn't know what to do. his ins had expired/

My daughter's bf was getting onto exit and veered back onto the expressway and cut off an suv and the suv lost control and rolled over several times. the driver was injured. his insurance had expired. they let him go with 2 citations and a court date. he is only working part time. he and... View More

Peter N. Munsing
Peter N. Munsing
answered on May 23, 2019

Was it his vehicle? if not and the vehicle had insurance that would cover him. He can contact legal aid but chances are they won't handle a case like that as it's not a criminal case. Ultimately, if he's sued, bankruptcy may be his best option.

2 Answers | Asked in Personal Injury for Illinois on
Q: My son is a youth a lawrence Hall. I need to file two lawsuits of cases of negligence. please refer me to an attorney
Tim Akpinar
Tim Akpinar
answered on Mar 20, 2019

You could check with the Illinois State Bar Association, you could look up Illinois attorneys on this site, or you could perform independent searches on the Internet. This isn't really an attorney referral service; it's just a question-answer board.

Tim Akpinar

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2 Answers | Asked in Personal Injury for Illinois on
Q: If my toddler was injured in a hotel by a table that fell on him could I have a case?

The table was inside of the room, it had wheels on it, no locking mechanism visible, my son was listed on my itinerary. He did have injuries, he received five stitches above his right eye due to this incident.

Steve McCann
Steve McCann
answered on Mar 19, 2019

It is certainly possible that you have a case based on the facts provided. However, an attorney will need additional facts in order to provide you with a comprehensive evaluation of the viability of recovering on such an action, such as the reason the table fell etc...

That being the case,...
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3 Answers | Asked in Contracts, Employment Law, Personal Injury and Workers' Compensation for Illinois on
Q: When does the 33 percent fee change to 40 percent in a contingency agreement?

I am looking to get clarification regarding the following paragraph:

---"Contingency Agreement. This is a contingency agreement. The attorney's fee shall be: a. 33 and 1/3 percent before Trial; b. 40 percent if the case proceed to a Trial."---

Based on this, when... View More

Tim Akpinar
Tim Akpinar
answered on Jan 26, 2019

Your attorney would be in the best position to clarify this issue based upon the exact terms of your retainer agreement. The specific time or trigger you ask about is a valid concern and you should pose it to your attorney, so that both of you are clear as to the threshold at which the attorney fee... View More

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2 Answers | Asked in Personal Injury for Illinois on
Q: Are stores like Target responsible for the maintenance of their parking lots? I got injured in one due to a shopping

cart that wasn't properly lined up, hit me, and sprained my ankle.

Michael Bersani
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answered on Dec 18, 2018

Yes target can be held liable for dangerous conditions that it creates or allows it to exist in its parking lots. The problem with your case, however, is that it could just have easily been a customer who left the cart in the dangerous position. You would have to show that the cart had been left... View More

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2 Answers | Asked in Criminal Law, Personal Injury and Domestic Violence for Illinois on
Q: My sister was the victim of battery on Friday 11-30

The girl who attacked her was arrested on a battery charge, and is maybe 14-15 years old.

Can she be charged with aggravated battery as a Class 4 felony if my sister has lasting marks and bodily harm (she does) and evidence shows that the girl initiated and continued to beat my sister bloody?

Juan Ooink
Juan Ooink
answered on Dec 3, 2018

Unfortunately, it is not up to your sister what the defendant is charged with. It is up to the State, who is the prosecutor. I suggest reaching out to the State and giving them an update on her status on what issues she is facing.

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3 Answers | Asked in Personal Injury and Car Accidents for Illinois on
Q: If I develop depression as a result of being bed-ridden after two surgeries from a car accident, is that something I can

sue for as emotional distress?

Steve McCann
Steve McCann
answered on Nov 26, 2018

Yes, you can certainly sue for damages based on depression so long as your attorney can prove it is proximately caused by the accident in question. Therefore, I recommend seeking treatment related to the depression if you have not done so already.

After seeking treatment, I recommend you...
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1 Answer | Asked in Personal Injury and Products Liability for Illinois on
Q: How do I file a case for a exploding glass milk bottle that caused boldly harm

The glass milk bottle was sitting in the sink. Was being washed out and exploded

Charles Candiano
Charles Candiano
answered on Nov 21, 2018

The situation you explain is simply not possible. A glass bottle cannot explode any more than a water glass can explode. On the other hand, if a sealed milk bottle was in the sink, before it had been washed, it is certainly possible for back area growth to result in sufficient pressure to cause... View More

1 Answer | Asked in Personal Injury for Illinois on
Q: Who's at fault? Insurance denying claim

I was involved in an accident in the slick weather the other night. I was rear-ended by someone who is saying he was rear-ended. His insurance is denying my claim because the mystery car is liable. Problem is, neither he or I ever saw this other car. It's purely his word that he was hit. He... View More

Charles Candiano
Charles Candiano
answered on Nov 21, 2018

It is absolutely reasonable for his insurance to take this position. If the only reason he hit you is because someone hit him, he is not liable. In turn, his insurance company is not liable. That said, common sense should reign. It would be nearly impossible for his card to be hit hard enough... View More

2 Answers | Asked in Personal Injury and Car Accidents for Illinois on
Q: The woman who hit my car won't contact her insurance company so they won't pay for my medical or repair.

I have liability w/ medical but lawyer says wait for settlement & fix yr own car? If my insurance pays medical will I have no settlement or more $ to fix my car? Or can they still sue to get her insurance to fix?

Tim Akpinar
Tim Akpinar
answered on Nov 18, 2018

I do not practice in Illinois, and more information would be helpful here. However, as a general matter, if you have retained an attorney and they have contacted the other side’s carrier, that should enable moving forward with a property damage claim regardless of driver contacting her insurance.... View More

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2 Answers | Asked in Personal Injury, Car Accidents and Civil Litigation for Illinois on
Q: What type of evidence should I try to preserve after a multi-car accident that caused me injuries?
Steve McCann
Steve McCann
answered on Oct 29, 2018

If you were involved in a multi-car accident and sustained injuries, you should first and foremost obtain all medical treatment necessary. Next, you should hire a personal injury attorney. Do not make any statements until you are represented by an attorney.

Many of us offer free...
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1 Answer | Asked in Personal Injury for Illinois on
Q: Is it true that your dog can be put down after biting someone when it had no prior history of violent behavior?
T. J. Jesky
T. J. Jesky
answered on Nov 2, 2018

Dog bites are treated as strict liability in Illinois, with the exception if someone provoked the dog, or is some was trespassing. Under Illinois statutes, if a dog, without provocation, attacks, attempts to attack, or injures any person who is peaceably conducting himself or herself in any place... View More

1 Answer | Asked in Personal Injury for Illinois on
Q: Would I be able to involve my son's

friend in a suit if I feel he is the one that encouraged him to speed and then he got in an accident? Could it get my son off the hook?

Charles Candiano
Charles Candiano
answered on Nov 12, 2018

If your son was driving, he is responsible for the accident unless a passenger grabbed the wheel or depressed the accelerator.

1 Answer | Asked in Personal Injury for Illinois on
Q: So my Mom said in front of other people that

she wanted me to have her house, but she died with no will -- what should be do to transfer ownership?

T. J. Jesky
T. J. Jesky
answered on Nov 2, 2018

When someone who owns the entire interest in a parcel of land or real property and passes away without a will, the state’s laws of intestate succession generally determine ownership. Therefore, just because she said the property becomes your property means very little at this time.... View More

1 Answer | Asked in Personal Injury for Illinois on
Q: Are salons liable if I get a foot infection -- will they pay my medical bills?
Howard Abrams
Howard Abrams
answered on Sep 26, 2018

Yes, they can be. Salons are held to a negligence standard like most other personal injury cases. A lot of salons fail to properly sterilize or use new equipment, which tends to be the main reasons infections happen at these types of businesses. Either way you need to consult with a personal... View More

3 Answers | Asked in Personal Injury and Workers' Compensation for Illinois on
Q: computer chair flipped me out onto the floor causing severe back pain, besides wc is this personal injury or on company

Work as a lpn .. old worn chair, company threw out after my fall, keep asking me to return to work

Tim Akpinar
Tim Akpinar
answered on Sep 9, 2018

It looks like you already identified the workers’ comp element in this matter. I don’t practice in Illinois, but if you were injured and are exploring your rights outside of workers’ comp, consult with an Illinois personal injury/product liability attorney regarding third-party cause(s) of... View More

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1 Answer | Asked in Personal Injury and International Law for Illinois on
Q: Please see more information

Hello! I’m just trying to ask, my boy friend are studying aviation in America but that is a Chinese school. So they don’t let all the student spend night at outside and they have to be at their dorm after 10pm. It’s that legal? And if they spend the night at outside they will stop that... View More

T. J. Jesky
T. J. Jesky
answered on Sep 8, 2018

It sounds as if this is private organization, where your boyfriend decided to study aviation. They can set their own rules. If the students cannot accept their rules, I would imagine they can leave the program.

Therefore, you will need to accept these rules. I am hopeful that your...
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1 Answer | Asked in Car Accidents, Personal Injury, Products Liability and Small Claims for Illinois on
Q: I was sold a vehicle which I was told had no damage . i later found out in had frame damage.Can I sue for product liab?

I was involved in an accident. I hit a parked car , however the entire vehicle flipped causing me to be hospitalized, I lost wages at work, etc. I later found out the car had frame damage which played a huge role in why the car flipped instead of staying upright.

Steve McCann
Steve McCann
answered on Aug 29, 2018

It is certainly possible you have a viable cause of action, as well as the ability to recover for the personal injuries sustained. However, the chances of recovery are dependent on specific facts that are not provided here, such as the details around the collision and the applicability of various... View More

1 Answer | Asked in Personal Injury for Illinois on
Q: Will I lose my job after being out due to injuries from a car accident?
T. J. Jesky
T. J. Jesky
answered on Sep 13, 2018

There are a lot of variables in order to answer your question. Such as:

1) How long have you been out of work since your car accident?

2) Have you recovered from your accident?

3) If you have recovered, are your physically able to return to work?

4) Have you...
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1 Answer | Asked in Personal Injury for Illinois on
Q: If you are injured in a motorcycle accident but weren't wearing a helmet can that hurt your case?
Steve McCann
Steve McCann
answered on Aug 10, 2018

It certainly possible that not wearing a helmet in a motorcycle accident, but the affect of that fact is dependent on specific facts that are not provided here, such as the nature and extend of your injuries.

More importantly, do you have an attorney representing you in this matter? If...
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