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Illinois Personal Injury Questions & Answers
1 Answer | Asked in Personal Injury for Illinois on
Q: my OB I had gestational diabetes during my pregnancy and that lead me to developed type two diabetes , can I sue ?

was never told by my OB I had gestational diabetes during my pregnancy and that lead me to developed type two diabetes, (she did do the test for glucose, I was told to monitor my numbers because the results came out high but didn’t say anything that I had developed diabetes, throughout my whole... View More

Charles Candiano
Charles Candiano
answered on Nov 1, 2024

Sue for what? There is NOTHING that anyone can do to prevent GD. To sue under a theory of medical negligence/malpractice, you MUST be able to articulate how the provider breached the standard of care they owed you. GD is CAUSED by the placenta interfering with insulin absorption. It cannot be... View More

1 Answer | Asked in Personal Injury and Products Liability for Illinois on
Q: Where can I find sample punitive damages interrogatories?
Charles Candiano
Charles Candiano
answered on Oct 25, 2024

Just to review, compensatory damages are usually the only damages awarded, in any action. Punitive damages are extremely rare and in Indiana courts, they are limited to $50,000 of which only A maximum of$12,500 is payableTo any Plaintiff. After attorney fees and costs, your recovery is capped at... View More

1 Answer | Asked in Personal Injury and Products Liability for Illinois on
Q: What would you need to sue a shoe manufacturer or company if you sustained an injury from a defective shoe.

I was running and my shoe ripped open from the front and I sustained a hip and leg injury.

Tim Akpinar
Tim Akpinar
answered on Sep 23, 2024

An Illinois attorney could advise best, but your question remains open for a week. Until you are able to consult with a local attorney, to answer your question about what you'd need, it would include being able to prove that the shoe was defective, either in its design, manufacture, or failure... View More

2 Answers | Asked in Personal Injury and Workers' Compensation for Illinois on
Q: How do you determine what is a sufficient settlement for an injury on the job?

If a nurse is assaulted while on the job by a mental patient, how do you determine what a fair settlement would be?

Tim Akpinar
Tim Akpinar
answered on Aug 15, 2024

An Illinois attorney could advise best, but your question remains open for two weeks. I'm sorry this happened. If the nurse you describe is yourself, I hope you are okay. It could depend on injuries, time lost from work, level and permanence of any disability incurred, and other factors. One... View More

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2 Answers | Asked in Personal Injury and Workers' Compensation for Illinois on
Q: How do you determine what is a sufficient settlement for an injury on the job?

If a nurse is assaulted while on the job by a mental patient, how do you determine what a fair settlement would be?

Charles Candiano
Charles Candiano
answered on Aug 29, 2024

I don't mean to be flippant, but the only legitimate answer to your question would be a comprehensive "how to do it" book on Worker's Compensation injuries. It is not "rocket science," but it can be unbelievably complicated. To make the calculation, an attorney would... View More

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1 Answer | Asked in Personal Injury, Civil Litigation, Small Claims and Wrongful Death for Illinois on
Q: Hello, Does every attorney that presents on a case before the court have to file an individual appearance?

Hello,

My Question: If a law firm files an appearance and list two attorneys on the appearance, Can a new attorney for the same firm, present to the court without filing an additional appearance?

Ex: attorney X represents Client A, X law firm files an appearance for his firm,... View More

Tim Akpinar
Tim Akpinar
answered on Jul 28, 2024

Only an Illinois attorney could answer your question, as it involves state procedural rules, but you await a response for five weeks. Until you are able to consult with a local attorney who could advise precisely under Illinois civil procedure law, in many places nationwide as a general practice,... View More

2 Answers | Asked in Personal Injury and Car Accidents for Illinois on
Q: What If I feel like I was wrongly accused of a accident that was partially my fault?

I was involved in a car accident where I was coming down the wrong side turning lane and I took fault for that part but in doing so he wasn't supposed to be turning without one a turning signal then he came down a turning lane stating that he was jus trying to go on on coming traffic headed... View More

Tim Akpinar
Tim Akpinar
answered on Jul 23, 2024

If you could arrange a free initial consult with an Illinois attorney, that might be the most thorough way to sort out what happened here, between the matter of how liability was apportioned (it isn't fully clear from the brief post - if you have a police report, that would be valuable to an... View More

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2 Answers | Asked in Personal Injury and Car Accidents for Illinois on
Q: What If I feel like I was wrongly accused of a accident that was partially my fault?

I was involved in a car accident where I was coming down the wrong side turning lane and I took fault for that part but in doing so he wasn't supposed to be turning without one a turning signal then he came down a turning lane stating that he was jus trying to go on on coming traffic headed... View More

Gary K. Burger Jr
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answered on Jul 22, 2024

Illinois has a modified comparative fault rule, which means that someone who is partially at fault can still recover compensation from the other party's insurance as long as they were 50% or less at fault (the amount they recover would be reduced by the share of fault they carry, so if they... View More

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2 Answers | Asked in Civil Rights, Personal Injury and Libel & Slander for Illinois on
Q: How do I find someone to take a case against a police officer and states attorneys office for unlawful arrest
Charles Candiano
Charles Candiano
answered on Jun 6, 2024

You CANNOT sue a police officer or the state's attorney for anything they do in the performance of their official duties. They are immune from prosecution. Beyond that, a police officer has broad discretion in making an arrest. If you believe the arrest was unlawful, you should discuss the... View More

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2 Answers | Asked in Personal Injury and Car Accidents for Illinois on
Q: I had an accident.I was in passenger side in Lincoln MKT town car and while airbags being deployed and it burst on face.

I think it was a issue with airbags as it bursted.

Voss Skoullos
Voss Skoullos pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 4, 2024

Here is the best chance for a personal injury claim based off the information you shared. You were a passenger in a vehicle that was involved in a car crash. One thing is for sure, the accident likely wasnt your fault. The airbag case sounds rather weak. Instead, you probably have a claim against... View More

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2 Answers | Asked in Personal Injury and Car Accidents for Illinois on
Q: I had an accident.I was in passenger side in Lincoln MKT town car and while airbags being deployed and it burst on face.

I think it was a issue with airbags as it bursted.

Charles Candiano
Charles Candiano
answered on Jun 3, 2024

The way this works is that you need to ask a question. You only tell us that you were a passenger in a used car that is 5 - 15 years old. Then you say that you think there was an issue with the airbag because the airbag bursted/ruptured.

Essentially, you are asserting that the airbags...
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3 Answers | Asked in Personal Injury, Workers' Compensation and Social Security for Illinois on
Q: How can I find the disability lawyer that I had a few years ago but I forgot there name
Tim Akpinar
Tim Akpinar
answered on Apr 24, 2024

Addendum - another option, but it could cost a fee. The larger process server companies handle a variety of functions related to investigation, skip tracing, and general court records research. You could discuss with them. Good luck

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3 Answers | Asked in Personal Injury, Workers' Compensation and Social Security for Illinois on
Q: How can I find the disability lawyer that I had a few years ago but I forgot there name
James L. Arrasmith
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answered on Apr 17, 2024

Here are some steps you can take to try to find the disability lawyer you worked with a few years ago:

1. Check your records: Look through old emails, letters, contracts, or receipts related to your disability case. The lawyer's name and contact information may be listed on these...
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1 Answer | Asked in Medical Malpractice and Personal Injury for Illinois on
Q: We have a similar case but wife had tubes tied same surgery and nerve condctn tests considerable scarring and sunken tsu

She found she has carpal tunnel both wrists from workin for same facility for years as housekeeper now shes a receptionist there loved by all her patients. She now has alot more problems with said arm being numb and having bad bloodflow. We get many bills from that n previous back surgereywhich she... View More

Tim Akpinar
Tim Akpinar
answered on Mar 25, 2024

An Illinois attorney could advise best, but your question remains open for two weeks. It isn't fully clear whether you are inquiring about your rights in a potential med mal matter, or are seeking representation in defense of a collection suit. One option could be to reach out to law firms to... View More

3 Answers | Asked in Car Accidents, Personal Injury and Medical Malpractice for Illinois on
Q: I didn’t settled my car accident case until 2021 but I am have to get my leg cut off due to the accident I’ve had the

Same surgery 2 times I feel the first dr should have done better is there anything I can do cause this has changed my life forever I never knew it would of turned out this bad

Charles Candiano
Charles Candiano
answered on Feb 19, 2024

CAR ACCIDENT

If you are asking about reopening the car accident, you CANNOT do that. That said, given the extent of your injuries, the insurance carrier probably surrendered their policy limits. That is to say that you probably received ALL available money.

Medical Malpractice...
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4 Answers | Asked in Car Accidents and Personal Injury for Illinois on
Q: I was in a car accident in 2019 I settled my case but now I may have to get my leg amputated can I do anything else

Or can I take the lady to small claims court

Tim Akpinar
Tim Akpinar
answered on Feb 20, 2024

As my colleagues point out, it's possible the terms of the release and the timeline could present challenges. Most releases are worded to preclude future claims (unless you mean a claim based on med mal, which is usually a separate matter). This is something you should discuss with the... View More

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4 Answers | Asked in Car Accidents and Personal Injury for Illinois on
Q: I was in a car accident in 2019 I settled my case but now I may have to get my leg amputated can I do anything else

Or can I take the lady to small claims court

Charles Candiano
Charles Candiano
answered on Feb 19, 2024

Apparently, you posted the question about settling your claim in 2021. When you settle a claim, you release the Defendant from any liability that is in any way related to the events that took place on that date. As noted in my other answer, you probably received the policy limits. Contact the... View More

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4 Answers | Asked in Car Accidents and Personal Injury for Illinois on
Q: I was in a car accident in 2019 I settled my case but now I may have to get my leg amputated can I do anything else

Or can I take the lady to small claims court

Adam Maksimovich
Adam Maksimovich
answered on Feb 17, 2024

It’s unlikely due to both the statute of limitations (since accident was in 2019) and the fact that there was a settlement. However if the amputation has some additional cause (medical negligence perhaps?), then it might be possible to recover in some other way. It’s best to contact a lawyer to... View More

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4 Answers | Asked in Car Accidents and Personal Injury for Illinois on
Q: Police have held my car on hold since 3/18/23 and I tried to get info on it but the police report doesn’t even exist

I was passenger in the vma and my “friend” driving My car crashed & left me there. When police arrived I was unconscious so I went to the hospital as trauma 1. He has since been in jail and I have tried to get information for my Insurance but all I have is a report number that doesn’t... View More

Charles Candiano
Charles Candiano
answered on Jan 8, 2024

If I understand correctly, you were a passenger in your own car at the time of the accident. Your friend who was driving is currently incarcerated, and your car was impounded and has remained impounded for 10 months. Sadly, the towing and storage fees on your car may far exceed its fair market... View More

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4 Answers | Asked in Car Accidents and Personal Injury for Illinois on
Q: Police have held my car on hold since 3/18/23 and I tried to get info on it but the police report doesn’t even exist

I was passenger in the vma and my “friend” driving My car crashed & left me there. When police arrived I was unconscious so I went to the hospital as trauma 1. He has since been in jail and I have tried to get information for my Insurance but all I have is a report number that doesn’t... View More

Lindsey Seeskin
Lindsey Seeskin
answered on Jan 5, 2024

I'm very sorry to hear what you have been through. It's possible the police report number you were provided is incorrect. If that's the case, please know you can also search for police reports using the name of your "friend" and/or your own name, the date of the crash, and... View More

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