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Illinois Personal Injury Questions & Answers
2 Answers | Asked in Personal Injury for Illinois on
Q: Who is responsible if you get into a fender bender in a small privately owned parking lot?
Vincent Anthony Incopero
Vincent Anthony Incopero
answered on Mar 11, 2017

The at fault party is always responsible, regardless of where the accident occurs.

In Illinois, drivers have an absolute duty to operate motor vehicles in a manner that does not cause harm to others, regardless of the location, conditions or circumstances.

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2 Answers | Asked in Employment Law, Personal Injury and Workers' Compensation for Illinois on
Q: Settlement Process???

I injured my back a year ago on my job. I had went through therapy, work hardening program and spinal injection shots. After all of that I still have some discomfort in my back. During that time off I did receive weekly the TDD payments.My dr. has released me with permanent restrictions meaning I... View More

Steve McCann
Steve McCann
answered on Mar 10, 2017

Your job should train you if you do not already have adequate training for your new role with the company since you injured your back. I would express your concerns regarding training with your employer. In regards to your attorney initiating the settlement process, I would recommend asking your... View More

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1 Answer | Asked in Personal Injury and Libel & Slander for Illinois on
Q: can I sue a local paper for false information

Recently I received a citation for dumping out some Bloody Mary mix down the drain after I quit my job. It was my personal recipe and didn't want it duplicated. I was given a citation for theft and have to go to village hall. Few days later I was told by few customers at my new job that they... View More

Steve McCann
Steve McCann
answered on Mar 8, 2017

Yes, you can sue nearly anyone for nearly anything. The real question to ask is whether or not you will recover. In this instance, I understand it is embarrassing to be told you were in jail, when in fact you were not. However, unless the alleged slanderous statement was directed to the way in... View More

2 Answers | Asked in Personal Injury and Car Accidents for Illinois on
Q: How can I get in contact with a defendant if I wish to attempt mediation before taking him to court?

I was hit by an uninsured driver and the accident report contains no phone number, an incomplete address (no apt number and he lives in a huge condo building) and an incorrect driver's license number (1 number short to be an IL license). I would like to attempt mediation before litigating,... View More

Peter N. Munsing
Peter N. Munsing
answered on Mar 7, 2017

Contact a member of the Ill. Trial Lawyers Assn--they give free consults.If they take your case you don't pay upfront fees but a percentage of what they can getr. If you settle with the person and your health or other insurance have medical "liens" these have to be paid, and... View More

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1 Answer | Asked in Family Law and Personal Injury for Illinois on
Q: I got pregnant by a guy whom I was dating! He Doesn't want to marry me.i don't want financial help but sue for stress

He earlier promised me he want to marry me for the baby but doesn't want me anymore. He wants no contact. I tried to attempt suicide a few times because of him. I'm 8 weeks pregnant and keeping the baby. He doesn't want me to keep the baby. I don't need any financial help from... View More

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

You need to consult a family/custody lawyer about this. Suing for "stress" is very difficult in most circumstances. The law gives you rights and before you say "no support," think--when the bills roll in youmay want that.

1 Answer | Asked in Personal Injury and Medical Malpractice for Illinois on
Q: Eye technician gave me a corneal abrasion.

While performing the eye pressure test, a technician gave me a pretty decent corneal abrasion. It healed, but the very top layer of my eye didn't heal properly and I have a 'wrinkle' that is causing blurry vision. Another eye doctor told it might heal, but it might be permanent.... View More

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

Contact a member of the Illinois Trial Lawyers Assn--they give free consults.

2 Answers | Asked in Personal Injury for Illinois on
Q: I opened my car door into a biker but they were cycling with headphones on.

Does that make the accident partly their fault?

Peter N. Munsing
Peter N. Munsing
answered on Feb 18, 2017

Why, would they have heard the inside noise of your car door mechanism? You didn't look. They had the right of way. Report it to your car insurance.Sin no more. Say one "glad I didn't drive into them " and 10 "Check the mirrors"

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2 Answers | Asked in Employment Law, Personal Injury and Workers' Compensation for Illinois on
Q: Potential lawsuit?

Was diagnosed with plantar fasciitis, advised work I couldn't stand per doctors orders restricting me to desk duty only. They accommodated, however several days in other supervisors, managers were going against what the store manager directed and were telling, making me do physical work,... View More

Peter N. Munsing
Peter N. Munsing
answered on Feb 16, 2017

Ask Justia to take down your phone & name or you're likely to be trolled. Contact a member of the Illinois Trial Lawyers Assn who handles both comp and employment issues--they give free consults.

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3 Answers | Asked in Personal Injury for Illinois on
Q: I was broadsided by a truck who was ticketed, judge dismissed, now what happens to my claim?

Told by an attorney as well as judge when I went to drivers 1st court date that I didn't need to appear--court date was postponed and I didn't go after that. Did that end up hurting my claim against the delivery company?

David Alan Wolf
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David Alan Wolf pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 15, 2017

Typically, the traffic court hearing is a separate proceeding from the personal injury case. You should contact a local attorney to represent you on the injury case to discuss the traffic court proceedings and other matters.

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1 Answer | Asked in Civil Rights, Personal Injury and Juvenile Law for Illinois on
Q: CanI file a civil battery suit if I went to meet w/ person whowanted to fight but I walked away andgot seriously injured

this girl has made racial comments and hateful remarks to POC so I wanted to talk about this issue and the use of racial slurs.The person who hit me is a minor and I am as well. The girl wanted to fight but I had agreed to meet her but decided I wanted to leave and walked away but she punched me... View More

Cheryl Powell
Cheryl Powell
answered on Feb 2, 2017

Talk to the state's attorneys office. Ask for a xopy of the police reports. Take the reports to a lawyer for review to determine whether or not you even have a case.

2 Answers | Asked in Civil Litigation and Personal Injury for Illinois on
Q: can a driver stopped at a light be held liable for his passenger getting out of the car and getting hit?

The passenger sued the car that hit him but can the driver of the stopped vehicle be brought into the suit??

Peter N. Munsing
Peter N. Munsing
answered on Feb 2, 2017

Possibly. Depends on the dynamics of how it happened, and why, ages, etc.

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1 Answer | Asked in Personal Injury for Illinois on
Q: how much would a lawyer cost for a case involving security cop brutality
Steve McCann
Steve McCann
answered on Jan 31, 2017

The answer to your question depends on specific facts that are not provided here. If you sustained significant personal injuries as a result of the alleged brutality and the facts are in your favor, an attorney may be willing to take the case on a contingent basis, meaning you would not have to... View More

1 Answer | Asked in Criminal Law, Personal Injury and Civil Rights for Illinois on
Q: 1983 Lawsuit - Is the 2 year deadline from final ARB decision, or 2 years from actual injury?

For an Illinois prisoner wishing to file a 1983 lawsuit, is the 2 year deadline from the final disposition of the Administrative Review decision, or is it 2 years from the actual injury no matter how long it takes the prison to deal with the grievance?

Steve McCann
Steve McCann
answered on Jan 25, 2017

The answer to your question is very fact specific, and cannot be answered with certainty based on the limited facts provided. That said, based on the limited facts provided, it is 2 years from the actual injury or whenever you were discovered that the injury occurred. I would highly recommend... View More

1 Answer | Asked in Personal Injury and Landlord - Tenant for Illinois on
Q: What can you do when you notify your landlord of an Bed Bug Issue, and he refuses to do anything to treat the apartment?

Early December I notified my landlord of an bed bug issue. Since then the landlord has refused to do anything to treat the apartment. I have withheld rent, until this apartment is beg free. I also have done research on my end, and have sprayed to treat the apartment myself. So far negotiations... View More

Steve McCann
Steve McCann
answered on Jan 20, 2017

I would highly recommend consulting with an attorney individually before doing anything further. Did you notify your landlord in writing and do you have receipts for your furniture you were forced to throw away? In any event, organize all of the information you have in your possession regarding... View More

2 Answers | Asked in Contracts, Employment Law, Personal Injury and Civil Rights for Illinois on
Q: I About 45 Claims that were accepted by the EEOC and have a Hearing In U.S District Court I need a Lawyer.

I am federal employee tha has a upcoming hearing with very solid evidence and will by suing for $3000,000, I will be settling, I work for the Edward Hines Jr. VA Hospital and my boss is the person that created the Secret Wait List and did not give Veterans a Military Burial, where the bodies of our... View More

Steve McCann
Steve McCann
answered on Jan 11, 2017

You are making the right decision to seek counsel in this situation, as opposition will not take you seriously until you are represented by experienced counsel. Have you had any form of settlement discussion with opposition, and what is the status of the EEOC claim? I would recommend organizing... View More

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3 Answers | Asked in Personal Injury for Illinois on
Q: How can I determine who to sue when I was injured due to the negligence of a third-party contractor in a hospital

situation?

Steve McCann
Steve McCann
answered on Dec 21, 2016

The answer to your question is an extremely critical determination to make prior to filing a lawsuit, and it depends on the specific facts surrounding the injury. Have you seen a medical professional since your injury, and did you file a report after the injury occurred? If not, do so... View More

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2 Answers | Asked in Personal Injury for Illinois on
Q: I was in a minor accident and I don't think I was injured. Should I still see a doctor?
Steve McCann
Steve McCann
answered on Dec 14, 2016

Yes, you absolutely should see a doctor. Often times with minor accidents, swelling and noticeable injuries do not occur for days or maybe even weeks after. If something comes up at a later date, it will be far more burdensome to collect damages if there was a lapse in time from the accident to... View More

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2 Answers | Asked in Personal Injury for Illinois on
Q: How does a negligent person's intent factor into me receiving compensation for an injury?
Robert D. Kreisman
PREMIUM
Robert D. Kreisman
answered on Dec 10, 2016

Intent is different that negligence. Negligence is an unintentional act or omission by definition whose elements are duty, breach of duty, causation and damages. For example, a doctor does not intend to injure a patient, but can be negligent. A driver texting a friend does not intend to crash... View More

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1 Answer | Asked in Personal Injury for Illinois on
Q: I was in a car accident. Can I get compensation for my injuries even if I was partially responsible?
Robert D. Kreisman
PREMIUM
Robert D. Kreisman
answered on Dec 5, 2016

As long as you were not more than 50% at fault in Illinois you may recover for your injuries with a percentage of contributory negligence reducing your recovery. Some insurance companies pre-suit will try to assess the liability between its insured and you and thus make its offer by reducing the... View More

1 Answer | Asked in Small Claims and Personal Injury for Illinois on
Q: In Illinois does a settlement for a minor have to be put into a trust fund if it doesn't exceed $10,000?
Robert D. Kreisman
PREMIUM
Robert D. Kreisman
answered on Nov 19, 2016

No. $10,000 is the threshold for both getting the probate court involved with the opening of a minor's estate and placing the funds in an acceptably safe, long term (or until majority reached) investment vehicle that the court would have to approve. It's not just the settlement amount,... View More

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