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Illinois Personal Injury Questions & Answers
2 Answers | Asked in Car Accidents, Civil Litigation and Personal Injury for Illinois on
Q: Can a vehicle lienholder be held liable when the borrower is uninsured and causes a crash?

The uninsured driver hit a bicyclist. Uninsured driver is completely at fault.

Tim Akpinar
Tim Akpinar
answered on Aug 22, 2023

It's unlikely. Lienholders are not treated as insureds or registrants. However, if the car is declared a total loss, the salvage end of the claim can involve the lienholder. Good luck

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2 Answers | Asked in Personal Injury and Car Accidents for Illinois on
Q: Is there anyway to find out who is representing me if I lost the contact info for the firm I signed my retainer with

Hello I recently was injured in New Mexico but was contacted by a firm from Ohio because i did this thing to calculate my settlement and for sum reason it had me living in Ohio??? I got locked out of my Google account and that's where all their contact information is in. I have tried calling... View More

Charles Candiano
Charles Candiano
answered on Aug 17, 2023

There is no central repository of the information you are seeking. That said, you posted this under Illinois law so I assume that you are a resident of Illinois who was injured in New Mexico. How did you decide to engage a law firm in Ohio to represent you in litigation in New Mexico for which... View More

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1 Answer | Asked in Employment Law, Personal Injury and Workers' Compensation for Illinois on
Q: Can I sue my employer after developing chronic degenerative orthopedic diagnosis that was likely caused by my job?

I, 33 year old female, was recently diagnosed with lower lumbar facet arthrosis. I was told by my chiropractor that this typically isn't seen in patients my age, this is something that occurs in older patients. I have been working at a factory for over 12 years and believe this diagnosis was... View More

Charles Candiano
Charles Candiano
answered on Aug 16, 2023

First of all, when you are injured at work, you can never sue your employer. Your sole remedy is to file a claim with the Illinois Worker's Compensation Commission. To succeed in a Worker's Compensation claim, it is essential that you provide a sound causation opinion from a credible... View More

1 Answer | Asked in Personal Injury and Civil Rights for Illinois on
Q: A neighbor was bulling me and wss making load noises at 2 am i thought he was shooting a

So i walked over and plitly ask him to stop he choked me out can i sue him i have pic , went to doctor

Charles Candiano
Charles Candiano
answered on Jul 8, 2023

You should have called the police. There was no reason for you to confront your neighbor. Nobody believes that you were polite at 2:00 AM. That said, your neighbor cannot commit a battery on you (choke you). If you were injured AND the neighbor was convicted, you MAY be able to recover for your... View More

1 Answer | Asked in Personal Injury and Landlord - Tenant for Illinois on
Q: A Realtor moved my pregnant girlfriend and I into an apartment with a gas leak and mold and told me i was wrong about it

We were coughing up mucus and just not feeling healthy the whole time we were there. It was a back and forth hassle with everything and then they ended up saying I was wrong and didn’t know what I was talking about. We got out of the lease because the other apartment they tried to move us into... View More

Tim Akpinar
Tim Akpinar
answered on Jun 19, 2023

An Illinois attorney could advise best, but your question remains open for two weeks. In terms of the personal injury aspect of your matter), you could reach out to attorneys to discuss. However, some firms are reluctant to handle mold cases - the symptoms and correlations to an incident can be... View More

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... View 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... View 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... View 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.... View 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... View 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... View 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... View 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... View 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,... View 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... View 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... View 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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1 Answer | Asked in Personal Injury and Workers' Compensation for Illinois on
Q: I am so confused ...what do i do now that my condition has worsened to death sentence?After the closing of 1st claim

first claim was closed when i was told by my attorney after telling him I was diagnosed cancer it would be left open ....i am seriously so upset that i was told i have no case even w the getting stage4b lung cancer all the sudden 6 -12 months before may 2022 scan and had breakout at work sept... View More

Charles Candiano
Charles Candiano
answered on Mar 1, 2024

You also posted this question in Avvo. Unfortunately, neither posting contains the information necessary to provide a definitive answer to your question. You do not tell us about your Worker's Compensation claim other than you had one and you are represented by an attorney. You do not tell... View More

1 Answer | Asked in Personal Injury and Appeals / Appellate Law for Illinois on
Q: I was involved in the Sosa versus on fida case and I am calling to find out what I can do case # 20-cv-04247@
Charles Candiano
Charles Candiano
answered on Jan 29, 2024

You need to check with your attorney. Pacer shows the case was closed on 12-04-23.

1 Answer | Asked in Child Custody, Family Law and Personal Injury for Illinois on
Q: My mom isnt allowed to hit me (court ordered) but she did. I left home at 17 and Im staying with a friend is that legal?

My mom left bruises on me after a harsh fight, I talked with the school about what happened and the school police officer but they dont consider it abuse. However because of her previous abuse she isn't supposed to hit or lay a hand on me or my siblings. So I left the house and have been... View More

Cheryl Powell
Cheryl Powell
answered on Dec 7, 2023

You should contact DCFS and the police, tell them what you are doing and why. Dcfs has forms where your mother could sign guardianship over to another responsible adult until you are 18.

1 Answer | Asked in Family Law, Personal Injury, Tax Law and Workers' Compensation for Illinois on
Q: if someone else put my daughter as a household memebr when she is not she was mine and have given me stipulations on get

on getting my child back what can i do in order to get this fraud behavior to stop

Cheryl Powell
Cheryl Powell
answered on Oct 1, 2023

Do you have a court order between you and the other parent that gives you custody or parenting time? Who is this person whose household she has joined? How old is this child? Have you filed a police report? There are a lot of issues here.

1 Answer | Asked in Personal Injury and Landlord - Tenant for Illinois on
Q: Is it possible to sue a university for making their students live in uninhabitable conditions?

I'm enrolling into a college where they have a large first-year enrollment rate. Because of this, a lot of students (mainly freshmen) are pushed to live in a specific dorm hall that's farthest away from the entire campus. For the past few years, this hall has gained a NOTORIOUS reputation... View More

Charles Candiano
Charles Candiano
answered on Aug 19, 2023

You can't sue anyone for something that hasn't happened yet. You are choosing to enroll in the school. By doing so you are choosing to live where you are assigned. On your facts, you haven't even seen the dorm yet. Your concerns are based solely on gossip. Dorms are often... View 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)... View More

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