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Illinois Personal Injury Questions & Answers
3 Answers | Asked in Personal Injury and Insurance Defense for Illinois on
Q: When do I send out my demand letter?

I’ve spoken with the other party’s insurance adjuster haven’t signed anything or given a recorded statement. Just given him a few pieces of my medical records pertaining to this injury. I am still have ongoing medical treatment. I have no attorney I’m handling this insurance claim all by... Read more »

Steve McCann
Steve McCann answered on Mar 5, 2020

You generally send out demand letters once your treatment has been completed. That said, you are doing yourself an immense disservice by not having an attorney represent you, especially considering the severity of the injuries you described. You will never receive a fair offer unless you are... Read more »

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1 Answer | Asked in Personal Injury for Illinois on
Q: I have a personal injury claim and I have 30 days to appeal it I am looking for an attorney to help me if possible

I fell and broke my left wrist and have a plate and screws in it I had huby and Abraham’s and they won’t appeal the case I m a disabled women on disability and have limited income

Tim Akpinar
Tim Akpinar answered on Mar 3, 2020

If you have a pending appeal, please do NOT lose time waiting for a response here. This is only a Q & A Board, not an attorney referral service. Start looking for attorneys on your own without further delay. An attorney will need time to review your file and determine if you have grounds for a... Read more »

1 Answer | Asked in Consumer Law and Personal Injury for Illinois on
Q: We had an unusual experience with HERTZ in Chicago IL that affected us and our children. Type of attorney to sue HERTZ?

There was mental and emotional damage to all involved, and an unusual circumstance that is positive for a successful case brought against HERTZ

Evan S. Sloan
Evan S. Sloan answered on Feb 5, 2020

Mental and emotional damages can be hard to prove. An attorney will need much more information on what happened to perform a proper evaluation of your situation. It is difficult to ascertain what exactly occurred from your post. Please post again with more facts or contact a local personal injury... Read more »

3 Answers | Asked in Car Accidents and Personal Injury for Illinois on
Q: I was in a car accident that was caused by the other driver. I was injured.

I can't afford an attorney and I can prove fault was on the other person despite the police reports findings. There were also factual errors in the police report. Can anyone help me or am I out of luck and a car? I am living below poverty level. I am a single income home for a family of 5.

Steve McCann
Steve McCann answered on Jan 30, 2020

If you were injured and did not cause the collision, many of us would be willing to represent you on a contingent basis in regards to your personal injuries, meaning you would not have to pay anything out of pocket for legal services. The attorney you retain would be compensated by way of a... Read more »

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1 Answer | Asked in Personal Injury for Illinois on
Q: Can I get a cash advance on a lawuit that has not been to trial or has a settlement amount. I have a essure lawsuit.....
Steven Sigmond
Steven Sigmond answered on Jan 27, 2020

Sometimes.

From the attorney, no, never. It is illegal for an attorney to advance money to a client as a loan against a case. However, there are licensed legal lending companies in Illinois that can do this. They evaluate the situation on a case-by-case basis. When they do issue a loan,...
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1 Answer | Asked in DUI / DWI and Personal Injury for Illinois on
Q: my sister was killed by a 22 year old drunk driver over 27 beers in one court report.july 4 1983 can I sue

His name is Charles kerr from tampa and I would like to sue him-not his parents etc I just want him to see how it is not to have a life. My sister was an 18 year old homecoming queen and then she was killed.

Theodore J. Harvatin
Theodore J. Harvatin answered on Jan 22, 2020

No. The statute of limitations expired about 25 years ago.

1 Answer | Asked in Employment Discrimination and Personal Injury for Illinois on
Q: Is this a strong case against my employer?

I got severely depressed when my asthma and allergies started getting triggered at work, because the employer never cleans. I got a tick bite from right outside of work and got Lyme Disease, there are documents. I didn't tell my manager in fear she'd talk. I went to work while suffering from Lyme... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 16, 2019

You really need to speak with an Illinois employment attorney, and since your post remains open for two weeks, it might be best for your to start efforts to contact them on your own, either through this site or through your own independent searches. You included Personal Injury as a category, but... Read more »

1 Answer | Asked in Divorce, Family Law, Personal Injury and Child Support for Illinois on
Q: I was involved in motor vehicle accident against UBER. Currently filing a lawsuit and I have child support obligations?

I was involved in motor vehicle accident against UBER. Currently filing a lawsuit and I have child support obligations?

I was considered disabled since my accident on 12.24.17 and been home since. We will be pursuing a lawsuit of 7 figures! How does this affect my child support once all... Read more »

James G. Ahlberg
James G. Ahlberg answered on Oct 10, 2019

These are questions to take to the lawyer handling your case. He or she is intimately familiar with details about your circumstances that uniquely enable him or her to give you accurate advice. You've already committed to pay that lawyer a large fee. You should feel free to pose your questions to... Read more »

1 Answer | Asked in Personal Injury and Civil Rights for Illinois on
Q: I'm trying to do my own court case, pro se, can I use actual quoted information from this website, if so, how do I ?
Gary Kollin
Gary Kollin answered on Oct 9, 2019

A judge would nit care what an attorney wrote here.

Legal arguments require a lot more than an "I can do it" belief

1 Answer | Asked in Criminal Law, Family Law and Personal Injury for Illinois on
Q: If my 22 yr old cousin were to hit me, and my sister called the cops, would she go to jail? I'm 15 turning 16 in a week.

She hasn't done it yet, but she talks about it all the time. Like, when she got into a fight with my younger sister (not physical) and she said she has to leave pur house before she "lays hands" on one of us (me, and my younger siblings). I am just asking to make sure what to do when that time does... Read more »

James G. Ahlberg
James G. Ahlberg answered on Sep 13, 2019

She is not likely to go to jail for a first offense, though if she causes serious injury it's possible.

4 Answers | Asked in Car Accidents, Civil Rights, Constitutional Law and Personal Injury for Illinois on
Q: Civil Case Against UBER Techs, Rasier LLC and the Drivers Negligence caused my accident in Illinois. To my Son and I.

December 24th, 2017 @ 7:03 the driver sped thru the intersection failing to stop at all and with speed. I drove through my intersection w/ no stop sign and I t-boned the driver with passenger through the UBER app. Driver was driving with 2 moving violations of speeding over 15 mph within that year... Read more »

Robert D. Kreisman
Robert D. Kreisman answered on Sep 11, 2019

Your case should be postured to file suit soon based on your fact description. I would urge you to hire an experienced attorney if you haven't done so already. The "Driver's" traffic violation records may not come in as evidence necessarily and will likely be challenged as to relevancy. There... Read more »

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1 Answer | Asked in Personal Injury for Illinois on
Q: Do I have a claim against a dr for removing a rib without putting in my record in Illinois, and go to Mayo in Minneapoli

and find out that is why I am having all the pain under my right breast/rib, that has large protusion with pain

Tim Akpinar
Tim Akpinar answered on Sep 7, 2019

I'm sorry for your pain and ordeal. Unfortunately, it would be difficult for a med mal attorney to make an evaluation based on these limited facts. As a starting point, you could contact an Illinois med mal attorney. Many offer free initial consults. If they felt that your matter warranted review... Read more »

1 Answer | Asked in Personal Injury for Illinois on
Q: I was injured on July 19th 2019 at Prairie Ridge Senior Apts. Can someone advice me what to do? Please?

I have all the details-and a video of my fall. This was all due to LSSI Prairie Ridge Senior Apartment ownership and management. There is mental and physical strain on everyone here..I have had a rash and (4 others) since January 2019 when pipes broke in the building. Making it so difficult to... Read more »

Steve McCann
Steve McCann answered on Jul 1, 2019

Certainly. It is in your best interest to first and foremost seek all of the medical attention necessary to address your injuries and concerns. Next, you should organize everything in your possession that is relevant to this matter, including the video you describe, and consult with an attorney... Read more »

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 my... Read 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,...
Read more »

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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 would the 40%... Read 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... Read 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
Michael Bersani 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... Read 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... Read more »

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?

Rahlita D. Thornton
Rahlita D. Thornton answered on Nov 26, 2018

When was your car accident and did you employ an attorney? Who was negligent in the accident? With those answers you can be provided better response. Thanks and sorry for the pain that you have to endure.

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