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Illinois Personal Injury Questions & Answers
2 Answers | Asked in Personal Injury for Illinois on
Q: If a driver was insured but was driving another vehicle that wasnt on his insurance do i go after his insurance or him

He is at fault and the other car is insured

Steve McCann
Steve McCann
answered on Aug 9, 2017

The answer to your question depends on several factors that are not provided here, such as who is at fault and whether or not the vehicle he was driving was insured. In any event, if you sustained personal injuries as a result of this collision, get medical attention and consult with a personal... View More

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4 Answers | Asked in Car Accidents, Insurance Bad Faith and Personal Injury for Illinois on
Q: Is it normal for adjuster to send details to my boss about an open claim to pressure me to settle?

I was injured when rear ended by an uninsured motorist while driving a company vehicle. I'm currently going back and forth with my company's insurance. The adjuster keeps threatening to close the claim, trying to pressure me into signing the release. Recently, he sent an email to my... View More

Steve McCann
Steve McCann
answered on Aug 4, 2017

I would highly recommend stopping what you are doing, and hiring a personal injury attorney immediately. Do not say another word to the insurance adjuster until you do. This is a common tactic engaged in by insurance adjusters that are not represented by an attorney, as they will never take you... View More

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1 Answer | Asked in Personal Injury and Products Liability for Illinois on
Q: Can i put a claim against a cell phone maker for possible health issue.

My phone keep over heating and i have had vascular burning and ear ringing, now ear aches coming from the phone. Dec. 2,2015. I suffered a brain stroke and burst blood vessel after complaining of the phone over heating problem to T-mobile and Samsung. Please let me know because my health has... View More

Steve McCann
Steve McCann
answered on Aug 2, 2017

If your health is worsening, I highly recommend seeking medical attention first and foremost. Next, consult with a personal injury attorney. Do not make any statements until you do. A knowledgeable personal injury attorney will review the details of your situation, and advise as to the best... View More

1 Answer | Asked in Personal Injury and Probate for Illinois on
Q: Probate court mail checks to the person in charge he's holding the checks demanding we pay him money before he send them

Our what to do

Stephanie Sexauer
Stephanie Sexauer
answered on Jul 28, 2017

You should call a probate attorney who practices in that county in Illinois.

Stephanie M. Sexauer is an attorney who focuses her practice in probate law, and practices in Chicago (Cook County), Illinois. Responses provided are for general informational purposes only, based upon the limited...
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1 Answer | Asked in Personal Injury for Illinois on
Q: I was at a store at the mall and tripped on a mat

that had been laid down at the entrance which resulted in injury - who's at fault, the mall or the store - neither one is telling me they're to blame.

David Alan Wolf
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answered on Jul 21, 2017

Slip and fall cases AND trip and fall cases are among the more challenging personal injury case out there. A store or business not an absolute insurer of the safety of the guests. The store or business must act in a reasonably prudent manner. It is common and reasonable to have a mat at the... View More

1 Answer | Asked in Personal Injury for Illinois on
Q: shoulder dislocated at a gym in their pool slide. No signs were present and I hit it on one of the curves. Can I sue?

can I possibly sue them or make them pay for my bills?

David Alan Wolf
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answered on Jul 21, 2017

It is unfortunate that you suffered an injury. You asked a good question. There are risks with just about every kind of physical activity including going down a slide. If the slide was not properly maintained or was in disrepair, then a claim or case would be brought against the gym. If the gym... View More

3 Answers | Asked in Personal Injury and Animal / Dog Law for Illinois on
Q: How am I liable for someone else's dog?

I lived with a man in a house. He rented the house and everything in the house was in his name. Nothing belonged to me. He had a dog that never acted mean but ended up biting the mailman one afternoon. I am being sued. In the paperwork it says I was an owner. Animal control took the report... View More

Steve McCann
Steve McCann
answered on Jul 18, 2017

You will likely not be found liable if it is not your house, and it was not your dog. That said, if you were named in the lawsuit, you will have to defend the case so the plaintiff does not obtain a default judgment against you. I would recommend consulting with an Illinois attorney individually... View More

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1 Answer | Asked in Personal Injury for Illinois on
Q: Can you sue the owner of a parking lot for a car accident that occurred on the premises?
Steve McCann
Steve McCann
answered on Jul 7, 2017

It is possible, but an attorney must evaluate additional facts to ascertain the likelihood of proving liability. Did you sustain personal injuries? If so, I would recommend seeking treatment immediately. Next, organize all information you have in your possession related to this situation,... View More

1 Answer | Asked in Civil Litigation, Insurance Defense and Personal Injury for Illinois on
Q: Would I win a small claims for damage expenses to my veichle from other driver that my insurance found me At Fault with.

I have visited a local auto detailer and they told me based on damage it was the other driver at fault. At time of claim havent had the opportunity to share photos or this info I now have but will share with adjuster even though it may matter.

Peter N. Munsing
Peter N. Munsing
answered on Jun 22, 2017

Certainly if your rates get raised you can bring out this issue again. If you were hurt, contact a member of the Ill Trial Lawyers Assn--they give free consults. If not, you can try small claims.

2 Answers | Asked in Personal Injury for Illinois on
Q: When you get a personal injury settlement do you get all the money at once?
Robert D. Kreisman
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Robert D. Kreisman
answered on Jun 16, 2017

Yes, unless you agreed to some other term. In addition, you should receive a settlement statement from your attorney detailing all of the attorney's costs and the agreed upon fees related to your case. You should review that settlement statement carefully to make sure it matches with your... View More

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2 Answers | Asked in Personal Injury for Illinois on
Q: I tripped and fell at my condo complex due to unrepaired concrete after tree roots shifted curb and stairs. I injured my

left knee, and 14 months layer, I just completed a torn meniscus surgery. Can I sue the condominium complex for my expenses? The curb repairs have still not been made

Steve McCann
Steve McCann
answered on Jun 12, 2017

It is possible that you have a cause of action against the condominium complex, but an attorney must know more specific facts in order to provide you with a comprehensive evaluation of the merits of your claim. Were there signs, or did you see the unrepaired concrete? How long has it been like... View More

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1 Answer | Asked in Animal / Dog Law, Employment Law and Personal Injury for Illinois on
Q: my dog bit my downstairs neighbor in our shared backyard. he went to emergency room but refuses to show

he refuses to show me any medical costs, nor proof of any lost wages. he claims he lost his contractor job, but refuses to show me any proof of this. His wound is not very bad (the dog was clearly trying to defend me, not attack him), but he has hired a lawyer. We spoke and agreed informally that... View More

Josh Rohrscheib
Josh Rohrscheib
answered on Sep 13, 2017

If you have homeowners insurance or renters insurance, advise them of the claim immediately. You shouldn't pay $5,000 without some kind of evidence. You can probably pay a lawyer for a few hours of time if you want to settle to review everything for you and draw up a settlement agreement and... View More

2 Answers | Asked in Juvenile Law and Personal Injury for Illinois on
Q: If your 21 and fight a minor can the minor sue you
Cheryl Powell
Cheryl Powell
answered on May 30, 2017

Of course. Their parent would have to sue in his name.

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1 Answer | Asked in Personal Injury for Illinois on
Q: What should I do if I was the wrong defendant on a Notice of Judicial Assignment I just got today?

I received a Notice of Judicial Assignment - General Civil Block Case (case type: personal injury). My name and address were there, but I believe they had the wrong person (I was not in the location as mentioned in the case; I don't know the plaintiff either...)

Please advise. Who... View More

Peter N. Munsing
Peter N. Munsing
answered on May 29, 2017

I suggest that you need to at least contact an attorney to see what you do about the case as you have a certain time to enter and file an "answer" denying the claim.

If it is about a car crash contact your car insurance and let them handle it. But you should also send them...
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3 Answers | Asked in Personal Injury for Illinois on
Q: I was struck by an suv turning left into a parking lot and I had no insurance at the time of the accident ! What to do.
Steve McCann
Steve McCann
answered on May 21, 2017

I am sorry to hear that. Assuming you sustained injuries, you should seek medical attention immediately. Next, you should contact a personal injury attorney. Do not make any statements regarding the collision until you do. Many of us offer free consultations and will handle your case on a... View More

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1 Answer | Asked in Car Accidents, Criminal Law and Personal Injury for Illinois on
Q: What happens in a foreign country if a driver causes an accident and is criminally liable?

When renting a care in a foreign country, the driver can get insurance to cover financial liability for the rental car. What happens if he causes an accident, broke a law, and is criminally liable? Does he have to appear in court? Can the authorities withhold his passport?

Peter N. Munsing
Peter N. Munsing
answered on May 23, 2017

If he commits a crime he can be arrested. He should talk to the consulate, maybe cut short that trip?

3 Answers | Asked in Personal Injury and Car Accidents for Illinois on
Q: A Chicago cab rolled into my Lower back legs. Struck my legs and I don't have any broken bones Seek advice

Need

Consultation

Charles Candiano
Charles Candiano
answered on May 11, 2017

The question is whether you were injured. If you were, please contact a personal injury attorney for a consult at no cost and with no obligation.

You can find an experienced Personal Injury attorney here on JUSTIA. Attorneys on JUSTIA want to help you but we are not permitted to solicit...
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2 Answers | Asked in Personal Injury for Illinois on
Q: If a motorcyclist was lanesplitting when you hit them can they still sue you?
Ray Choudhry
Ray Choudhry
answered on May 5, 2017

Lane splitting is not allowed in Illinois.

Since you cannot drive in Illinois without liability insurance, your insurance will take care of it.

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1 Answer | Asked in Employment Law, Personal Injury and Workers' Compensation for Illinois on
Q: Question about legal obligations of employer when store robbery leads to personal physical injury.

The store in question has been robbed 3-4 times within a year. Nothing has been done to heighten security after the first couple robberies. This time the two employees were beaten and tied up. One ended up in the hospital with significant injury, including a fractured skull. Can the employee... View More

Ray Choudhry
Ray Choudhry
answered on May 4, 2017

The employee with injuries needs to see a work comp attorney. That attorney can look into whether the employees has a cause of action against the employer over and above the work comp.

Unemployment is usually for those who are laid off or let go.

2 Answers | Asked in Car Accidents, Personal Injury and Traffic Tickets for Illinois on
Q: After a traffic accident, can the injured driver request leniency for the at fault driver and will it have any effect?

I was involved in an accident where I was not at fault. I reacted in a way that minimized injury to the other driver to the point that she didn't have any problems at the expense of exposing myself to injury. It could easily have been fatal, if I reacted even slightly differently, but it... View More

Ray Choudhry
Ray Choudhry
answered on May 3, 2017

There are two separate issues:

1. Traffic Ticket - The State has to prove her guilty. To do that they are going to need witnesses. Assuming you are the only witness, the State's Attorney will contact you. Of course, most cases get plea bargained out and never go to trial.

2....
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