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Illinois Personal Injury Questions & Answers
3 Answers | Asked in Personal Injury and Products Liability for Illinois on
Q: while cycling a part of the fork shot into my eye, my eye had to be removed and could not be saved, is this case solvabl

While I was riding the thread on the right upper part got loose and part of the fork shot out. The pressurized part hit firstly my face (my cheekbone was broken) and then it hit my right eye so badly that it damaged my eye completely (eye nerve was damaged, eye was broken onto 3 parts, lower eyelid... Read more »

David Wolkowitz
David Wolkowitz
answered on Feb 15, 2023

I'm sorry you were badly injured.

As a former bike messenger and avid cyclist, I definitely understand what you are talking about. You apparently were using a bike that had shocks as the front fork, with the shock absorption being provided by air pressure.

As the other...
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3 Answers | Asked in Personal Injury and Products Liability for Illinois on
Q: while cycling a part of the fork shot into my eye, my eye had to be removed and could not be saved, is this case solvabl

While I was riding the thread on the right upper part got loose and part of the fork shot out. The pressurized part hit firstly my face (my cheekbone was broken) and then it hit my right eye so badly that it damaged my eye completely (eye nerve was damaged, eye was broken onto 3 parts, lower eyelid... Read more »

Lindsey Seeskin
Lindsey Seeskin
answered on Feb 13, 2023

I'm truly sorry to hear you were so badly injured.

John is correct about what we call "damages" (your injuries and what you have been through because of this incident) and that this falls under a category of personal injury cases called "products liability."...
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3 Answers | Asked in Personal Injury and Products Liability for Illinois on
Q: while cycling a part of the fork shot into my eye, my eye had to be removed and could not be saved, is this case solvabl

While I was riding the thread on the right upper part got loose and part of the fork shot out. The pressurized part hit firstly my face (my cheekbone was broken) and then it hit my right eye so badly that it damaged my eye completely (eye nerve was damaged, eye was broken onto 3 parts, lower eyelid... Read more »

John Michael Frick
John Michael Frick
answered on Feb 10, 2023

It sounds like you have sustained damages from the part coming off sufficient to justify a product’s liability action.

I would take the bicycle and fork part to a competent lawyer in the county where the incident happened with experience in products liability law. Also bring your medical...
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2 Answers | Asked in Medical Malpractice and Personal Injury for Illinois on
Q: Piece of foley balloon left inside of my bladder after I had my C-section in December 2021

Doctors thought it was a tumor from ultrasounds I had until I had my cystoscopy done, and we seen that it was part of the foley balloon. So it was in my bladder for thirteen months.

David Wolkowitz
David Wolkowitz
answered on Feb 15, 2023

You are of course correct if you think surgeons should not unintentionally lave items in your body after surgery. It sound like you might have a strong case for medical malpractice. However, consider that the amount of damages you might recover depends upon various factors, and is not clear cut.... Read more »

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1 Answer | Asked in Personal Injury for Illinois on
Q: I fall down on landlord property off the broke deck stair and broke tailbone
Tim Akpinar
Tim Akpinar
answered on Dec 28, 2022

An Illinois attorney could advise best, but your question remains open for three weeks. There wasn't a question here, but it seems likely you are wondering about your rights. If that's the case, try to arrange a free initial consult with an Illinois personal injury attorney. A law firm... Read more »

1 Answer | Asked in Landlord - Tenant and Personal Injury for Illinois on
Q: There was a bad leak that caused mold nothing was done for 3 years now my rent is raised and my family is sick all the

Landlord wouldn't do any repairs for years and there was a leak and mold every where my son is always sick and now that she fixed it she raised the rent from 925 to 1200 what can I do I do not want to sign a new lease

Tim Akpinar
Tim Akpinar
answered on Dec 23, 2022

An Illinois attorney could advise best, but your question remains open for two weeks. I'm sorry for your family's ordeal. For the personal injury aspects of your question, reach out to local attorneys to try to arrange a free initial consult. Unfortunately, not all injury law firms handle... Read more »

1 Answer | Asked in Nursing Home Abuse, Personal Injury and Wrongful Death for Illinois on
Q: Can you sue a John Doe or John Doe corporation as the Defendants in a nursing home neglect civil suit in Illinois?

My situation is, my mom fell or was dropped in a nursing home, a lawyer called me and said he was on the case 1y and 9m later he called and said he passed the case to another firm but that firm had no records and urged me to get the records which has pushed up to the deadline to file tomorrow. The... Read more »

Charles Candiano
Charles Candiano
answered on Dec 16, 2022

On your facts, the statute of limitations (SOL) is two years. You need to file on or before that date. No attorney or law firm was "on the case" unless your mother signed documents, hiring that attorney or that law firm. The SOL is all that matters. Whether your mother hired two... Read more »

1 Answer | Asked in Personal Injury for Illinois on
Q: is the hotel responsible for a escalator fall if if the person is intoxicated?

My brother and I had just gotten on the escalator. I was in front and him behind. I fell backwards on top of him. Even though the escalator continued to go up we stayed at the bottom. Both of us received many lacerations. I received several on my right calf. My brother received several on his calf,... Read more »

Charles Candiano
Charles Candiano
answered on Nov 29, 2022

On your facts, there was no defect or malfunction of the escalator. Rather, you lost your balance from drinking too much and fell backwards, on your brother which caused him to fall. If you were overserved in a hotel bar or restaurant, it may be possible for you or your brother to bring a... Read more »

1 Answer | Asked in Civil Litigation, Libel & Slander and Personal Injury for Illinois on
Q: State Agency Rep committed slander and put Red Flag report on person after 40 second phone call.

SBDC office rep was to transfer me to their office manager to go over business plans for services. The Receptionist spoke to me for 40 seconds. After, transferred me. She then continued to file a State police complaint claiming I was a threat to society. Googled my name, saw images of me over... Read more »

Charles Candiano
Charles Candiano
answered on Nov 23, 2022

You cannot sue a State Agency in Civil Court. You must sue them in the Court of Claims and then only after filing a Tort Claims Notice (usually within 6 months). That is probably a very bad idea for many reasons, including limited recovery and a long wait time to be paid.

The suggestion...
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2 Answers | Asked in Personal Injury and Medical Malpractice for Illinois on
Q: medical injury cannot find lawyer due to case won't net enough of money for their law firm any suggestions? arbitration?

i feel the doctor should be held accountable for causing me additional injury pain and suffering here in life!

Charles Candiano
Charles Candiano
answered on Oct 18, 2022

I do not know anything about your situation. If a law firm has confirmed to you that the physician's actions constituted medical negligence, you can always file a complaint with the Illinois Department of Financial and Professional Regulation. That is the State agency that licenses all... Read more »

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1 Answer | Asked in Personal Injury and Education Law for Illinois on
Q: My son is in 1st grade, today he was hit multiple times by another student who he doesn’t even know.

He’s never even spoken to this kid. He walked up to my son during lunch and started kicking him and hitting him. There is supposed to be lunch attendants making sure this stuff doesn’t happen. No body helped until my son was crying. His friend was screaming and asking for help. A teacher came... Read more »

Charles Candiano
Charles Candiano
answered on Aug 31, 2022

There have always been bullies. There probably always will be bullies. There is no law to invoke. If the school has a zero-tolerance policy about violence, the aggressor should be reprimanded. Request a meeting with the principal to express your concern and to request that the student be... Read more »

1 Answer | Asked in Personal Injury for Illinois on
Q: Could screaming be assault if directed at a stroke victim in a real estate office owner doing the screaming
Charles Candiano
Charles Candiano
answered on Jul 23, 2022

There are no lottery winners in personal injury. If you have a doctor who provides a nexus between the screaming and the stroke, THEN we can ask if the stroke was a foreseeable consequence of the screaming. Probably not.

2 Answers | Asked in Contracts, Personal Injury and Construction Law for Illinois on
Q: A guy wants to take my old barn down. What can I do to make sure I'm not liable for accidents etc? ILLINOIS

Agreed he could have half the wood.

Charles Candiano
Charles Candiano
answered on Jun 20, 2022

Spend a few hundred dollars to have an attorney draw a contract where the party who is to demolish the barn where the other party agrees to demolish the barn and further agrees to assume ALL liability for injury or damage to any people and to any property other than the barn in exchange for 1/2 of... Read more »

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2 Answers | Asked in Contracts, Personal Injury and Construction Law for Illinois on
Q: A guy wants to take my old barn down. What can I do to make sure I'm not liable for accidents etc? ILLINOIS

Agreed he could have half the wood.

Bryan R. Bagdady
Bryan R. Bagdady
answered on Jun 20, 2022

Make sure that you have a written agreement. Although I don't see this work as falling under the Home Repair and Remodeling Act, the act requires written contracts for work in excess of $1,000. That should be a tip that a written agreement may be useful here. Have the contractor agree to... Read more »

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1 Answer | Asked in Personal Injury and Civil Litigation for Illinois on
Q: What are considered disrespectful attorney acts in context of failing to answer a complaint timely?

Illinois appeals cases for default judgements based on untimely answers have generally cut slack to the untimely Defendant it appears. However it does add a caveat that the attorney cannot be disrespectful in doing so.

Is not the fact that the attorney failed in a case to file answer until... Read more »

Charles Candiano
Charles Candiano
answered on Jun 9, 2022

I'm not really certain as to what you are asking. If you are the client and a default judgment was entered against you, the only aspect of the attorney's conduct that would ever be examined is whether the attorney was able to vacate the default judgment. So long as that is accomplished,... Read more »

1 Answer | Asked in Personal Injury and Landlord - Tenant for Illinois on
Q: Would I be able to sue neighbor for smoking or landlord for not evicting neighbor that abuses no smoking policy.

I have asthma. My Neighbor continues to smoke after complained to manager about it. There is no smoking policy here by HUD. I've complained to HUD abd the state health department smoke hotline.

Charles Candiano
Charles Candiano
answered on Jun 6, 2022

You cannot sue your neighbor because there is no privity of contract between you and your neighbor. If no smoking is a condition of your lease you can break your lease if the landlord refuses to enforce the no smoking policy. If you have complained to HUD, HUD will issue warnings. If the warnings... Read more »

1 Answer | Asked in Personal Injury and Animal / Dog Law for Illinois on
Q: My pit got off his leash while walking run up to another dog, the other dog (pit) badly injured my dog Who's at fault?

Her dog would not let go of my dogs neck.

My dog ran home which was two houses down from the incident with the dog attached to him.

Neighbors came out trying to help get the dog off of mine.

I have paid her vet bill 1,200

And mine which has cost me about $4,000 and... Read more »

Charles Candiano
Charles Candiano
answered on Jun 1, 2022

Your instincts are correct. Your dog got out of its collar and caused injury to the other dog. When your dog got out of its collar, it was out of your control and any injury or damage that resulted is your responsibility. If the woman who was walking the other dog injured her finger, you are... Read more »

1 Answer | Asked in Personal Injury for Illinois on
Q: Can my employer contact my personal doctor over a personal injury requesting for a note to be changed
Steven Sigmond
Steven Sigmond
answered on May 13, 2022

You have a right to privacy. However, often unrepresented people sign medical authorizations or waivers that specifically allow this type of contact without really understanding what they are agreeing to. You can insist that your employer and it's representatives have no communication with... Read more »

1 Answer | Asked in Personal Injury and Medical Malpractice for Illinois on
Q: Doctor hit me during a procedure and tried it with the local anesthesia not working do I have legal action?
Charles Candiano
Charles Candiano
answered on Apr 26, 2023

What is the procedure? What is the protocol for that procedure? Does your insurance require that the procedure be performed with a local? Was a local ineffective on you in the past? What harm, if any, did you suffer? General anesthesia carries many risks (including that you may not wake up)... Read more »

1 Answer | Asked in Personal Injury, Car Accidents and Construction Law for Illinois on
Q: Is there a minimum bridge clearance for a unposted overpass in the city of Chicago

I hit an unmarked overpass that belong to the railroad with my semi trucking done considerable damage to the trailer

Tim Akpinar
Tim Akpinar
answered on Apr 26, 2023

An Illinois attorney could advise best, but your question remains open for two weeks. Until you're able to consult with a local attorney, you could look into whether the Chicago Department of Transportation has information on this. Good luck

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