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Illinois Questions & Answers
1 Answer | Asked in Car Accidents for Illinois on
Q: I was recently awarded an amount for a car accident and I feel like the lawyer is taking way too much

So back in 2020 I was in a car accident and because of the accident I did have to see get physical therapy I got injections in my back the first offer was like 13,000 something and I turned it down because I felt it was highly unfair that was a commercial vehicle that hit me they ran a light was... Read more »

Charles Candiano
Charles Candiano
answered on Mar 23, 2023

That is not possible. You should get a minimum of $16,000.

Though you do not tell us the amount of your medical liens, they must have exceeded $24,000 (40% of your recovery). Under the Illinois healthcare lien act, when that happens, by operation of statute, provider liens are limited to...
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1 Answer | Asked in Employment Law, Immigration Law and Tax Law for Illinois on
Q: Who do I talk to to determine my state residency if I split time between two locations?
Kevin L Dixler
Kevin L Dixler
answered on Mar 21, 2023

It will depend upon where you currently live and how long you have actually resided in that State as a matter of law. That may be a question for an immigration or tax attorney depending upon the facts.

There are both advantages and disadvantages when doing so. Sometimes, it is...
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1 Answer | Asked in Immigration Law for Illinois on
Q: While filling form N-400, question is about me Were your parents married before your 18th birthday, my answer is yes.

Second and third question is father and mother US citizen, they are citizen since 2010 while I was 35 years old. They are not citizen by birth nor before my 18th birthday.

If I answer yes to second and third question in form, it says you must be a us citizen as your parents are us citizen.... Read more »

Kevin L Dixler
Kevin L Dixler
answered on Mar 21, 2023

If you must answer the questions without an attorney, then carefully read and re-read all of the questions. Some questions are meant to be skipped. If you make a mistake, then you can complicate processing and cause a wrongful denial of the application.

Some believe that it is too...
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1 Answer | Asked in Immigration Law for Illinois on
Q: Can I apply for citizenship after 3 years while my I-175 is pending?

Hello,

My marriage-based green card was set to expire in December 2022 so I submitted I-751 to remove conditions on residence in November 2022. I received a mail from USCIS which stated that my green card validity had been extended for 24 months, then received a second mail that it had been... Read more »

Kevin L Dixler
Kevin L Dixler
answered on Mar 21, 2023

It depends. More information is needed. Did you file a joint petition or a self petition? How stable is your marriage? Have you taken action that may invalidate your conditional resident status? Although the general answer may be yes, the details may create challenges. I strongly recommend an... Read more »

1 Answer | Asked in Immigration Law for Illinois on
Q: My I485 approved on 03/8 and yet to receive GC.Will I be allowed to re-enter US on my AP received prior to I485 approval
Kevin L Dixler
Kevin L Dixler
answered on Mar 21, 2023

What you will be allowed to do varies based upon CBP discretion. Your advanced parole is no longer valid, since you were approved and are now a lawful permanent resident. If you were represented by an attorney, then seek that attorney's advice. If not, you ought to pay for an appointment... Read more »

1 Answer | Asked in Traffic Tickets and Cannabis & Marijuana Law for Illinois on
Q: I was initially pulled over for expired tags and then found out my license was suspended.

The officer took me into custody and then released me on an I-bond. I have court on Thursday, but I have been replaying the encounter in my head, and I don't believe he ever referenced any of my Miranda Rights during our exchange. I was arrested on Driving on a suspended license and open... Read more »

Theodore J. Harvatin
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answered on Mar 20, 2023

Miranda rates are necessary when you are taken into custody. Furthermore, even if your Miranda rights are violated, it only six to suppress any statement you made.

1 Answer | Asked in Personal Injury and Medical Malpractice for Illinois on
Q: Thanks for reading! I'm wanting to know if I should speak to a lawyer about my father's care in a skilled nursing..

Facility. I ordered his chart after he passed away to see if any testing was done that could've provided treatment needed and found that the issue of a failing liver was not addressed with any of us and additional testing was never ordered. Upon request of myself the nursing home called 911... Read more »

Joel Gary Selik
Joel Gary Selik
answered on Mar 19, 2023

Yes you should Consult with experienced nursing home/medical malpractice attorneys in your state.

1 Answer | Asked in Traffic Tickets for Illinois on
Q: Pulled over 4 suspected reckless driving, not witnessed by Officer But only issued ticket for Expired License! Lawful?

Driver pulled over by Sheriff on a one lane expressway from a call into the Department of an alleged Reckless Driver. Sheriff Officer NEVER WITNESSED the callers complaint. Pulled over driver who was doing the speed limit & in their lane. Driver had an EXPIRED License for 6 years. Driver NOT... Read more »

Theodore J. Harvatin
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answered on Mar 18, 2023

I am not really seeing a legal defense here. The only possibility would be that the officer had no basis to believe the hearsay. But short of that, an officer can institute a stop based upon hearsay.

You don’t have to sign a ticket to make it valid.

Your best move here is to go...
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1 Answer | Asked in Medical Malpractice and Nursing Home Abuse for Illinois on
Q: My father passed away in March of 2022. He was at a skilled nursing facility. I ordered his medical records and found

Many errors and charting that looks as if it was copied. Wrong name listed on a record. Charting was done after my father passed as if they took care of him during that time. Wrong room numbers at times. Blood work reviewed by an LPN. Last wishes were not entered correctly in his chart so his DNR... Read more »

Joel Gary Selik
Joel Gary Selik
answered on Mar 18, 2023

Medical malpractice cases require the Health Care Provider to have done something wrong that led to harm. Doing wrong action is not enough. It must be proven, for example, the errors you outline caused or contributed to his death. You should review these facts with experienced medical malpractice... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Illinois on
Q: I'm buying my home contact for deed. I've paid on it for almost 4 years. I'm behind on payments and the owner said he

Wants me out but I found out he has a mortgage on it and several other properties and he's going into foreclosure. Idk if he ever recorded it. Can I request to rescind and get my money back? Or is it pointless since he obviously has no money?

Peter J. Weinman
Peter J. Weinman PRO label
answered on Mar 14, 2023

It may not be pointless just because he has no money - you need to find out whether there will be any remaining equity in the house after the mortgage lender (and any other lienholders ahead of you) are paid. But it could be pointless if being behind in your payments means you're in material... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law, Election Law and Gov & Administrative Law for Illinois on
Q: Questions regarding legal career

I'm currently a Political Science student at UCLA. I am considering going to law school and I would like to talk to currently practicing lawyers to gain some perspective regarding law school and careers in law so I can make an informed decision as to whether or not to attend law school. Would... Read more »

James L. Arrasmith
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answered on Mar 11, 2023

Firstly, it's important to understand that law school is a significant investment of time and money, so it's important to consider your long-term goals and motivations for attending law school. Some common reasons for attending law school include a desire to practice law, a desire to gain... Read more »

1 Answer | Asked in Traffic Tickets, Cannabis & Marijuana Law and Juvenile Law for Illinois on
Q: I’m 17 years old. I have court soon and would like to know what consequences I’ll likely have to face.

I got charged with reckless driving, fleeing/attempt to elude an a officer, Unlicensed (it was after curfew), unlawful use cannabis/driver, 35+ in a 55, and disregard of 7 separate stop signs. I know nothing is certain until I appear in court but I’d like to know what they might charge me with... Read more »

Theodore J. Harvatin
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answered on Mar 8, 2023

If a driver runs more than two stop signs or stop lights or exceeds the speed limit by more than 20 miles an hour while an officer is in pursuit, that could be charged as a felony. The first court date is not the end of your case; it is the beginning. That is where you or your attorney plead not... Read more »

1 Answer | Asked in Car Accidents and Criminal Law for Illinois on
Q: I was in an accident And i panicked for whatever reason and I drove off. What do I do now

I was in an accident And i panicked for whatever reason and I drove off. I checked online and there was a report made with no injuries but there was damage over 1500 dollars. I have insurance and I have a license I don't know why I panicked. But now I don't know what to do should I turn... Read more »

Charles Candiano
Charles Candiano
answered on Mar 8, 2023

Doing Nothing is NOT an option! Consult a local traffic/criminal defense attorney with further details to assess your options. Do NOT provide any further details online as you are admitting to a crime. If you had a valid license and insurance, there could be no immediate consequence beyond your... Read more »

2 Answers | Asked in Medical Malpractice for Illinois on
Q: How can I find out if my lawyer cheated me out of my settlement money?

I sued Cook County-Stroger Hospital for an unnecessary operation.

Joel Gary Selik
Joel Gary Selik
answered on Mar 5, 2023

Ask the attorney for a detailed disbursal statement.

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1 Answer | Asked in Real Estate Law for Illinois on
Q: Does a real estate lawyer have to review the offer to send to the seller?
Erik K Jacobs
Erik K Jacobs
answered on Mar 4, 2023

Not necessarily. I often have clients, particularly those without Realtors, that have me review an offer prior to submission to the seller. However, most standard contracts have attorney approval clauses which allow for attorney review once the contract is complete. Depending on where you live,... Read more »

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Legal Malpractice for Illinois on
Q: A magistrate denied me counsel after going through 5 public defenders which 3 withdrew because they had represented the

Other party for a charge of violation of a no contact order which in IA is automatic 7 days jail..cannot be suspended. He can't deny me counsel.so new one gave me lawyer that had to withdraw from other party to represent me HELP

James L. Arrasmith
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answered on Mar 4, 2023

If a magistrate has denied you counsel, you may want to consider seeking legal assistance from other sources. For example, you can try contacting legal aid organizations or private attorneys who may be willing to represent you. You can also request a court-appointed attorney or file a motion with... Read more »

1 Answer | Asked in Criminal Law, Federal Crimes and Libel & Slander for Illinois on
Q: is it true that one can be convicted of a crime if 3 people or informants claim the same story against you.
James L. Arrasmith
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answered on Mar 4, 2023

No, the mere fact that three people or informants claim the same story against you does not guarantee a criminal conviction. In order to be convicted of a crime, the prosecution must prove all the elements of the offense beyond a reasonable doubt. This means that the prosecution must present... Read more »

1 Answer | Asked in Contracts, Criminal Law, Employment Law and Tax Law for Illinois on
Q: Hi. My previous employer used my SSN for another guy with almost the same Name as mine and I came to know about it when

I received tax document in my mail box. Can I file a law suit & if yes who.

James L. Arrasmith
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answered on Mar 4, 2023

Yes, you may be able to file a lawsuit for identity theft or fraud against your previous employer for using your Social Security number for another person. You should consult with an attorney who specializes in identity theft and employment law to evaluate your options and help you pursue any legal... Read more »

1 Answer | Asked in Tax Law for Illinois on
Q: If my delinquent taxes were sold and I pay my new upcoming taxes, what happens next? Will I get more time to catch up?
James L. Arrasmith
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James L. Arrasmith PRO label
answered on Mar 4, 2023

If your delinquent taxes were sold and you pay your upcoming taxes, it is possible that you may still owe the delinquent taxes plus any additional fees and interest that may have accrued. In this case, you should contact the entity that purchased the delinquent taxes to find out what the remaining... Read more »

1 Answer | Asked in Traffic Tickets for Illinois on
Q: How does my driving record as a minor differ from my record as an adult.

When I was a minor I was pulled over for speeding and given a written warning as the officer understood my situation. Now 2 years later as an adult I received another written warning for speeding because of emotional distress. How do these differ on my driving record if they are at all and how do... Read more »

Theodore J. Harvatin
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answered on Mar 4, 2023

Warnings are not part of your record.

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