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Illinois Personal Injury Questions & Answers
1 Answer | Asked in Personal Injury for Illinois on
Q: Who's at fault? Insurance denying claim

I was involved in an accident in the slick weather the other night. I was rear-ended by someone who is saying he was rear-ended. His insurance is denying my claim because the mystery car is liable. Problem is, neither he or I ever saw this other car. It's purely his word that he was hit. He asked... Read more »

Charles Candiano
Charles Candiano answered on Nov 21, 2018

It is absolutely reasonable for his insurance to take this position. If the only reason he hit you is because someone hit him, he is not liable. In turn, his insurance company is not liable. That said, common sense should reign. It would be nearly impossible for his card to be hit hard enough... Read more »

1 Answer | Asked in Personal Injury and Products Liability for Illinois on
Q: How do I file a case for a exploding glass milk bottle that caused boldly harm

The glass milk bottle was sitting in the sink. Was being washed out and exploded

Charles Candiano
Charles Candiano answered on Nov 21, 2018

The situation you explain is simply not possible. A glass bottle cannot explode any more than a water glass can explode. On the other hand, if a sealed milk bottle was in the sink, before it had been washed, it is certainly possible for back area growth to result in sufficient pressure to cause... Read more »

2 Answers | Asked in Personal Injury and Car Accidents for Illinois on
Q: The woman who hit my car won't contact her insurance company so they won't pay for my medical or repair.

I have liability w/ medical but lawyer says wait for settlement & fix yr own car? If my insurance pays medical will I have no settlement or more $ to fix my car? Or can they still sue to get her insurance to fix?

Tim Akpinar
Tim Akpinar answered on Nov 18, 2018

I do not practice in Illinois, and more information would be helpful here. However, as a general matter, if you have retained an attorney and they have contacted the other side’s carrier, that should enable moving forward with a property damage claim regardless of driver contacting her insurance.... Read more »

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1 Answer | Asked in Personal Injury for Illinois on
Q: Would I be able to involve my son's

friend in a suit if I feel he is the one that encouraged him to speed and then he got in an accident? Could it get my son off the hook?

Charles Candiano
Charles Candiano answered on Nov 12, 2018

If your son was driving, he is responsible for the accident unless a passenger grabbed the wheel or depressed the accelerator.

1 Answer | Asked in Personal Injury for Illinois on
Q: So my Mom said in front of other people that

she wanted me to have her house, but she died with no will -- what should be do to transfer ownership?

T. J. Jesky
T. J. Jesky answered on Nov 2, 2018

When someone who owns the entire interest in a parcel of land or real property and passes away without a will, the state’s laws of intestate succession generally determine ownership. Therefore, just because she said the property becomes your property means very little at this time.... Read more »

1 Answer | Asked in Personal Injury for Illinois on
Q: Is it true that your dog can be put down after biting someone when it had no prior history of violent behavior?
T. J. Jesky
T. J. Jesky answered on Nov 2, 2018

Dog bites are treated as strict liability in Illinois, with the exception if someone provoked the dog, or is some was trespassing. Under Illinois statutes, if a dog, without provocation, attacks, attempts to attack, or injures any person who is peaceably conducting himself or herself in any place... Read more »

2 Answers | Asked in Personal Injury, Car Accidents and Civil Litigation for Illinois on
Q: What type of evidence should I try to preserve after a multi-car accident that caused me injuries?
Steve McCann
Steve McCann answered on Oct 29, 2018

If you were involved in a multi-car accident and sustained injuries, you should first and foremost obtain all medical treatment necessary. Next, you should hire a personal injury attorney. Do not make any statements until you are represented by an attorney.

Many of us offer free...
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1 Answer | Asked in Personal Injury for Illinois on
Q: Are salons liable if I get a foot infection -- will they pay my medical bills?
Howard Abrams
Howard Abrams answered on Sep 26, 2018

Yes, they can be. Salons are held to a negligence standard like most other personal injury cases. A lot of salons fail to properly sterilize or use new equipment, which tends to be the main reasons infections happen at these types of businesses. Either way you need to consult with a personal... Read more »

1 Answer | Asked in Personal Injury for Illinois on
Q: Will I lose my job after being out due to injuries from a car accident?
T. J. Jesky
T. J. Jesky answered on Sep 13, 2018

There are a lot of variables in order to answer your question. Such as:

1) How long have you been out of work since your car accident?

2) Have you recovered from your accident?

3) If you have recovered, are your physically able to return to work?

4) Have you...
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3 Answers | Asked in Personal Injury and Workers' Compensation for Illinois on
Q: computer chair flipped me out onto the floor causing severe back pain, besides wc is this personal injury or on company

Work as a lpn .. old worn chair, company threw out after my fall, keep asking me to return to work

Tim Akpinar
Tim Akpinar answered on Sep 9, 2018

It looks like you already identified the workers’ comp element in this matter. I don’t practice in Illinois, but if you were injured and are exploring your rights outside of workers’ comp, consult with an Illinois personal injury/product liability attorney regarding third-party cause(s) of... Read more »

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1 Answer | Asked in Personal Injury and International Law for Illinois on
Q: Please see more information

Hello! I’m just trying to ask, my boy friend are studying aviation in America but that is a Chinese school. So they don’t let all the student spend night at outside and they have to be at their dorm after 10pm. It’s that legal? And if they spend the night at outside they will stop that... Read more »

T. J. Jesky
T. J. Jesky answered on Sep 8, 2018

It sounds as if this is private organization, where your boyfriend decided to study aviation. They can set their own rules. If the students cannot accept their rules, I would imagine they can leave the program.

Therefore, you will need to accept these rules. I am hopeful that your...
Read more »

1 Answer | Asked in Car Accidents, Personal Injury, Products Liability and Small Claims for Illinois on
Q: I was sold a vehicle which I was told had no damage . i later found out in had frame damage.Can I sue for product liab?

I was involved in an accident. I hit a parked car , however the entire vehicle flipped causing me to be hospitalized, I lost wages at work, etc. I later found out the car had frame damage which played a huge role in why the car flipped instead of staying upright.

Steve McCann
Steve McCann answered on Aug 29, 2018

It is certainly possible you have a viable cause of action, as well as the ability to recover for the personal injuries sustained. However, the chances of recovery are dependent on specific facts that are not provided here, such as the details around the collision and the applicability of various... Read more »

1 Answer | Asked in Personal Injury for Illinois on
Q: If you are injured in a motorcycle accident but weren't wearing a helmet can that hurt your case?
Steve McCann
Steve McCann answered on Aug 10, 2018

It certainly possible that not wearing a helmet in a motorcycle accident, but the affect of that fact is dependent on specific facts that are not provided here, such as the nature and extend of your injuries.

More importantly, do you have an attorney representing you in this matter? If...
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1 Answer | Asked in Personal Injury for Illinois on
Q: What happens if no one is at fault in an accident - who pays?
Charles Candiano
Charles Candiano answered on Jul 25, 2018

There is no such scenario. Each of the 2 or more Parties to an accident is ALWAYS assigned some degree of contributory negligence. If it turns out that 2 drivers are determined to be equally negligent, they are each responsible for one half of whatever injury and other damage they cause. In... Read more »

1 Answer | Asked in Personal Injury and Animal / Dog Law for Illinois on
Q: If I own a pit bull, and living in a rental house, wouldn't I be the only one liable for any bad behaviors by the dog?

I don't want the owner of my house to be responsible for any of this!

Camille Brooks Ibrahim
Camille Brooks Ibrahim answered on Jul 5, 2018

Absolutely! The owner of the dog is liable for any damages inflicted by that dog

1 Answer | Asked in Personal Injury for Illinois on
Q: My moving company hired two felons who threatened to burn down my house/kill me. Do I have a case for negligent hiring?

DELETED

Drew Ball
Drew Ball answered on Jun 14, 2018

From the limited facts you provided it does not sound like any personal injury was actually suffered? Did they cause you injury? Have you seen a doctor or psychologist as the result of the threats? If you did not sustain an injury it would be difficult to say "you have a case" and even more... Read more »

1 Answer | Asked in Personal Injury and Workers' Compensation for Illinois on
Q: Hey I had an injury from I was off for a week and a half am I due a settlement

They paid me for the week I was off but didn’t offer me a settlement

James G. Ahlberg
James G. Ahlberg answered on May 30, 2018

Without knowing the nature of your injury and the extent of your disability (if any) resulting from the injury, there is no way to answer your question. Also, as a general rule workers' compensation insurers do not voluntarily make offers to settle cases unless an attorney is negotiating for you. I... Read more »

1 Answer | Asked in Animal / Dog Law and Personal Injury for Illinois on
Q: My sister was visiting with her new dog (7 month old puppy) and it bit my neighbor and her son. Am I liable?

The neighbor's lawyer has already sent papers that I sent to my insurance. They found us not liable and offered the 5K in medical. Neighbor has been advised to not take that and the lawyer is going to try again. Should they be going after my father's home owners instead since my sister lived... Read more »

Howard Abrams
Howard Abrams answered on May 9, 2018

This is a complicated question, but if you did not own the dog or were dog sitting or letting the dog stay at your house, you are probably no responsible. If your sister lived with your dad then his insurance could cover it. Your sister is definitely responsible, but probably does not have any... Read more »

1 Answer | Asked in Personal Injury for Illinois on
Q: after signing a class action lawsuit settlement, can I change my mind because I have yet to receive a copy of my contrac

I feel that the the signing of the contract was conscionable and I didn't have an estimate of what the care costs would be going forward and how it would affect my Medicaid benefits.

Steve McCann
Steve McCann answered on May 8, 2018

It is possible, but unlikely unless you have some type of valid defense such as duress or unconscionability. That said, I recommend asking the attorney and/or firm that is representing you in this matter, as they are in the best position to answer your questions due to their implied knowledge of... Read more »

1 Answer | Asked in Personal Injury and Medical Malpractice for Illinois on
Q: I want to sue a hospital for medical malpractice (for a failure to diagnose claim).

Do I have to pay my medical bills before the case gets decided? Or can I wait and see how the case turns out?

Howard Abrams
Howard Abrams answered on May 1, 2018

First, you need to consult a lawyer as a medical malpractice case can be one of the most expensive and complicated types of Personal Injury cases. In terms of the medical bills you should contact the providers directly and either submit it through your health insurance if available or work... Read more »

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