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Illinois Personal Injury Questions & Answers
1 Answer | Asked in Personal Injury for Illinois on
Q: my options? fell through fell through friends stairs. her ins. finds no fault

says they'll pay $2000 for medical bills and nothing else. this happened 28th of dec. 30 stitches in right leg half way round my leg, bruising on my left and reaggravated my back. still have large opening on front shin and a hole retaining fluids that needs cleaning everyday. go once a week to... View More

Jonathan Rosenfeld
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Jonathan Rosenfeld
answered on Aug 24, 2016

You may have grounds to pursue a premises liability case against your friend based upon their negligence in failing to maintain their property. If your friend had knowledge of the condition and failed to make necessary repairs or alert you to the condition, you may have grounds to pursue them for... View More

2 Answers | Asked in Personal Injury for Illinois on
Q: I hit a motorcyclist but he wasn't wearing a helmet. Is he able to get money from me to pay for his recovery?
Peter N. Munsing
Peter N. Munsing
answered on Aug 17, 2016

Yes. Report it to your insurance company and let them handle it.

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1 Answer | Asked in Personal Injury for Illinois on
Q: I walking in a bike lane and got hit by a cyclist and sprained my ankle.

Even though I wasn't supposed to be in the bike lane, can I sue the cyclist?

Peter N. Munsing
Peter N. Munsing
answered on Aug 8, 2016

If you can show you were clearly in sight, and they hit you. If you were walking across it likely to be on you. Talk to a member of the Illinois Assn for Justice--they give free consults.

1 Answer | Asked in Animal / Dog Law and Personal Injury for Illinois on
Q: I have recently been dog-sitting for a man who who claimed he was going to pay me 100 per week the dog stayed at my pla

Not only has he not paid at all, but the dog recently pulled me down off the leash and resulted in a broken collarbone. I can't work for the next 6-8 weeks as a result of this dog. Can I sue?

Peter N. Munsing
Peter N. Munsing
answered on Jul 31, 2016

On the 100 a week yes. On the injury probably not--barring a written agreement it happened as you were acting as an independent contractor, not an employee.Check with a member of the Illinois Trial Lawyers Assn --they give free consults--but I don't see it.

If you can't do your...
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1 Answer | Asked in Personal Injury for Illinois on
Q: what does the federal has to do with a settlement case

i have been waiting 14 years for my settlement to be resolve, all i am getting is continued after contenue. now they are telling me they are waiting for numbers from the government. what exactly does the government have to do with case.

Peter N. Munsing
Peter N. Munsing
answered on Jul 20, 2016

Presumably there's a medicare lien or a branch of the government is involved. Unlikely a court would wait that long--

suggest two things--go to the courthouse, go to the clerks office, look a the file for your case. See if it's still active.

Second, sit down in person with...
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1 Answer | Asked in Civil Rights, Medical Malpractice and Personal Injury for Illinois on
Q: Can I sue the county jail for health negligence for my brother

My brother has been in the county jail for over a year now and he became sick with pneumonia this year of April June 23rd he was admitted to the hospital they had to do two surgeries on him

Peter N. Munsing
Peter N. Munsing
answered on Jul 16, 2016

Your brother might have a case, but you dont. Suggest he contact the Ill. Civil Liberites Union prisoners rights project. They may have someone working on prison medical issues.

1 Answer | Asked in Personal Injury for Illinois on
Q: Can a customer in your store sue you after he volunteers to inspect phone lines just knocked down by a tow truck?

The customer just happens to be certified telecommunications installer who falls off the roof....

Peter N. Munsing
Peter N. Munsing
answered on Jul 5, 2016

He is doing an errand for you so he may have a claim. It's better directed at the tow truck. There may be a defense of assumption of risk. Bet bet is to notify your insurance which may have a medpay provision and let them handle it.(It's also a requirement of your policy).

1 Answer | Asked in Juvenile Law and Personal Injury for Illinois on
Q: A 14 year old slammed my brothers head against a table of no clear reason. What could we file for & what are penalties?
Peter N. Munsing
Peter N. Munsing
answered on Jul 1, 2016

Penalties come from a criminal complaint--someone needs to report it to the police. If no witnesses they may not do anything. On a civil claim, you sue for damages--the assault and for medical treatment afterward. Talk to a member of the Ill. Trial Lawyers Assn--they give free consults.

1 Answer | Asked in Personal Injury and Consumer Law for Illinois on
Q: Can I sue a hotel room for giving a key to an unauthorized user
Robert D. Kreisman
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Robert D. Kreisman
answered on Jun 28, 2016

It may be a breach of contract to mistakenly give a key to a stranger who then would have access to your hotel room. But in any breach of contract case, you would need to prove that you suffered some kind of damage. If you took the same facts and claimed the hotel was negligent in giving your key... View More

1 Answer | Asked in Personal Injury for Illinois on
Q: If someone get hit by a foul ball during a baseball game. Is the team responsible for negligence liability ? Thank you

Stadium allow fans to carry umbrella, which can blocked his/her view of the foul ball.

Robert D. Kreisman
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Robert D. Kreisman
answered on Jun 28, 2016

The short answer is, it depends. There is much controversy here because you may have noticed the increased number of fans being severing injured by foul balls or broken pieces of bats. You may also notice that most professional baseball stadiums today have increased the size and area of the... View More

1 Answer | Asked in Personal Injury for Illinois on
Q: Had fallen in parking garage on way to Jury Duty, Village of Joliet is refusing to pay for ER bill.

No break in wrist, but I ended up with a $4,295.91 bill, I filed a claim with the Village of Joliet and they responded stating that it seems I was just seeking to recover damages from the City. My shoe tripped on something either the door strip or a crack in the concrete, and I fell face first on... View More

Robert D. Kreisman
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Robert D. Kreisman
answered on Jun 28, 2016

In order to prevail in the case that you describe you would have to be able to prove by showing that the place where you fell was caused by some defect that the City of Joliet knew or should have known to be dangerous to those expected to pass over this area. Your injuries are serious, but unless... View More

3 Answers | Asked in Personal Injury for Illinois on
Q: Social guest who came to visit me at my store fell and broke her leg. Is my store liable for her injury?

She triped behind the counter area.

Ronald V. Miller Jr.
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Ronald V. Miller Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 8, 2016

The question is whether she tripped as the result of the negligence of the store? You are not liable just because someone falls in your store.

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1 Answer | Asked in Personal Injury for Illinois on
Q: Can a lawyer make more money than the six children in a wrongful death lawsuit?

Lawsuit is done, but lawyer not paying children. Think he spent the money. Fees keep going up, but the settlement is done in February.

David Alan Wolf
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answered on Jun 5, 2016

These are serious allegations. Before you go further, set up a meeting with the attorney to discuss the settlement and the closing statement which is an itemization of fees and costs on the case. In most instances, any misunderstands can be worked out with a meeting and better communication.... View More

1 Answer | Asked in Education Law and Personal Injury for Illinois on
Q: If my dorm room is so cold that I get sick, can I sue the school is I have proof I asked them to turn the air down?

I am really sick right now so I could easily get a doctors statement. I also have the email of me asking the woman over housing to turn the air down. She said she'd send someone out, but nothing is done.

Jonathan Damashek
Jonathan Damashek
answered on May 5, 2016

It would be difficult to show a causal connection to the temperature of your door room and you getting sick.

1 Answer | Asked in Contracts, Employment Law and Personal Injury for Illinois on
Q: I'm going to estimate tree removals and trimmings for a tree service. I'll be paid 10% of jobs I get (cold calls).

I'm a Certified Arborist. The Tree Service does not have Workmans Compensation for the guys performing the work, but does have liability insurance (property damage). I will not be working on the job sight. My name and phone number will be on the estimate as the Certified Arborist (signature).... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Apr 21, 2016

There is no way to guarantee you will not be sued. Not to mention, if you were negligent, you should be sued. Just make sure to have your own insurance as well.

1 Answer | Asked in Personal Injury and Workers' Compensation for Illinois on
Q: My Dad worked for the railroad and now has lung cancer. He worked around diesel exhaust. Can he sue the railroad?

He worked for the railroad for 35 years.

Andrew L. Hughes
Andrew L. Hughes
answered on Apr 15, 2016

Yes - if he was exposed to diesel exhaust at work he may very well have a case. Diesel Exhaust is now considered a carcinogen by the World Health Organization. He would need to bring his action under the Federal Employers Liability Act. If he rode on locomotives, the Locomotive Inspection Act... View More

1 Answer | Asked in Personal Injury for Illinois on
Q: can i file personal injury for a blood test that went horribly wrong

i went for a simple blood work my doctor ordered and they had to take it out of my hand within an hour my hand swoll up and scared me i went back for them to just say put warm wash cloths on it and it would eventally go down no one even looked at it this happened march 14 it since was causing me... View More

David Alan Wolf
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answered on Apr 6, 2016

There may be a case or claim for malpractice. If the tech or medical provider fell below the standard of care, there may be a claim or case to pursue. It will also depend on the extent of damages related to the malpractice. If the damages or injuries are temporary in nature and will heal over... View More

1 Answer | Asked in Personal Injury and Products Liability for Illinois on
Q: expired product from mcdonalds

when ordering apple pies from mcdonalds, I was given expired apple pies which I did not realise until consuming. Same day night, I had stomach upset and other health issues like heavy stomach. Hence, my question is, can I sue mcdonalds for this deficiency of service and the health issues I had ?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 1, 2016

The mere fact that the pies were expired does not mean that they had gone bad and thus were the cause of your distress. You would probably need to pay experts to testify on this issue. I suggest that you contact the manager and ask for something in compensation.

1 Answer | Asked in Personal Injury, Employment Law and Workers' Compensation for Illinois on
Q: Can employer make injured person wait one whole year for back surgery?

Surgery was little help due to the long wait & employer still controling medical treatment. No compensation received yet!!

David Alan Wolf
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answered on Mar 31, 2016

Worker's compensation is a specialized field. Most worker's compensation attorneys will provide you with a free consultation to discuss your rights and remedies. Worker's compensation has its own rules, regulations, and procedures that are quite different than the typical personal... View More

1 Answer | Asked in Contracts, Intellectual Property and Personal Injury for Illinois on
Q: What legal wavers are needed to keep sources legally protected, as well as ourselves financially protected?

I'm looking to write a book with a friend of mine about certain personal experiences of many of our community members. We will likely have folks who are happy to share their personal information (such as names) for the book, as well as those who wish to remain anonymous, but still want to... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Mar 31, 2016

What you should do is sit down with a local attorney who handles media law and has experience with publishing. That way they can cover all of your basis. An ounce of prevention saves a pound of flesh (or something like that).

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