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Illinois Personal Injury Questions & Answers
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 »

1 Answer | Asked in Personal Injury and Securities Law for Illinois on
Q: Can I sue if I was injured by a store employee

I was basically dragged into a back room and was forced to the grown and asked questions then he took my wallet and seached through it I ended up with a broken ankle

Steve McCann
Steve McCann answered on Apr 30, 2018

You can certainly file a lawsuit based on the facts provided, but the viability of prevailing and recovering on the lawsuit are dependent on specific facts that are not provided here, such as the nature of you getting dragged out and if you were resisting with the individual.

That said, I...
Read more »

1 Answer | Asked in Education Law and Personal Injury for Illinois on
Q: Last spring I was at my kids school volunteering for kickball, got hurt in my left eye with the ball, was blind for 7hrs

I ended up in ER, school nurse promised that district will cover my bills and made us fill reimbursement form. School denied paying any bills incurred, what can I do now? I am stay at home mom and don’t have money to pay the bills almost $1000.

Steve McCann
Steve McCann answered on Apr 26, 2018

It depends on very specific details surrounding the injury and whether or not a party was negligent. That being the case, I recommend you organize everything in your possession relevant to this matter, including all medical records, and consult with a personal injury lawyer for a consultation.

1 Answer | Asked in Personal Injury for Illinois on
Q: I was hit by a person using a scooter offered for customers at a store - is the store at fault?
Steve McCann
Steve McCann answered on Apr 21, 2018

It is possible that the store could be at fault, but it depends on very specific facts that are not provided here. As such, I recommend organizing everything in your possession related to this matter, including pictures and medical records, and consulting with an attorney individually for a... Read more »

1 Answer | Asked in Personal Injury for Illinois on
Q: What should I do with a restaurant I ordered food at that contained a small piece of plastic in it?

I ordered food from a popular chain restaurant by my house. Upon opening a container, on my first bite I swallowed a small sharp piece of plastic. And began choking. I panicked, as I was home alone, and was able to throw my stomach into a table and force the piece out. My throat hurts a tremendous... Read more »

Steve McCann
Steve McCann answered on Apr 19, 2018

Although traumatic, the injuries you describe are likely not severe enough to justify filing a lawsuit against the restaurant. That said, I certainly recommend following up with a doctor ASAP to determine whether or not there is more damage than seems apparent. The longer you wait, the less... Read more »

1 Answer | Asked in Elder Law, Nursing Home Abuse and Personal Injury for Illinois on
Q: Dad fell at Nursing Home the day he was to be discharged. Nurse called & said he fell & skinned his knee but was fine.

When I arrived for his discharge, I found Dad in bed alone in his room complaining of horrible R hip pain. When I tried to have him sit, then stand to get in a wheelchair to leave, he was completely unable & began to shake & scream in pain. At this point it was obvious he had a severe... Read more »

Steve McCann
Steve McCann answered on Mar 26, 2018

My most sincere apologies that you and your family have to go through this, as it certainly could be considered a case of neglect. That said, it is a very fact specific determination, and is dependent on notice the nursing home had, the nature of the fall, as well as whether or not it exercised... Read more »

1 Answer | Asked in Personal Injury for Illinois on
Q: Was in a car accident but neither one of us were insured - anything I can do here?
Steve McCann
Steve McCann answered on Mar 16, 2018

Yes, assuming you were not at fault, you can still sue the other driver personally for damages. That said, recovering from a judgment is a different story, as you will have to make sure the at-fault driver has enough assets where it makes economic sense to pursue a lawsuit against him or her. As... Read more »

1 Answer | Asked in Personal Injury for Illinois on
Q: I was injured on a pacebus left arm shoulder and neck do to bus driver neglect went to hostipal a musculoskeletal

I end up having a musclarskeleton on my left side neck andshoulder and arm i went to hostipal and seeing my doctor been on meds for pass two weeks now i need therapy bills coming in what I need to do its been reported to pace bus i haven't heard from them

Steve McCann
Steve McCann answered on Mar 3, 2018

I am sorry to hear about your injuries. I highly recommend you continue getting the treatment you need, and consult with an attorney individually as soon as possible. You will not be taken seriously by the bus company until you do, trust me I have represented multiple clients in very similar... Read more »

1 Answer | Asked in Personal Injury for Illinois on
Q: Can I sue the hosts of a party if I was injured by another guest at their house?
Michael J. Brennan
Michael J. Brennan answered on Feb 9, 2018

Yes you maybe able to hold the hosts of the party liable for your injuries. It really depends on the facts and circumstances of the case. You should talk to a person injury attorney to find out all of your rights. My office as well as many other offices will offer a free consultation by phone or in... Read more »

1 Answer | Asked in Civil Litigation, Employment Law, Personal Injury and Workers' Compensation for Illinois on
Q: can security sue the business they work for after a guest breaks their nose?

We hired security for New Years and he began to use excessive force on an intoxicated guest who was not even fighting back and he pushed him into a wall. As he was pushing him in the guest went to shield his face and broke his nose. He is an officer who has many complaints again him including using... Read more »

James G. Ahlberg
James G. Ahlberg answered on Feb 1, 2018

To those of us who are unfamiliar with the facts, your frequent use of the words "he" and "his" without clarifying who is being referred to each time makes this a confusing question. It's hard to tell if each use of the words refers to the guard or to the guest. I'm... Read more »

1 Answer | Asked in Personal Injury for Illinois on
Q: What is an IL store liability when one of their signage is knocked over by another customer injuring another customer?

I was shopping in a store in IL in the luggage department and they have wrought iron sales signs weighing about 3 lbs that are not anchored down. Another customer happened to knock over the sign as I reaching down to grab a piece of luggage. The sign hit me in the head - I passed out. The acting... Read more »

Michael J. Brennan
Michael J. Brennan answered on Jan 25, 2018

Yes you have recourse against the store. There maybe a claim for negligence against the store since you made a report the day of the incident. You should speak with an attorney about your possible claim and my office will be happy to speak with you about your claim and there are no fees until you... Read more »

1 Answer | Asked in Contracts, Family Law and Personal Injury for Illinois on
Q: A minor in illinois signing a non disclosure form.

A high school is accusing a 17 year old of harrasing a girl and told him to sign a non disclosure form or else they would expell him

James G. Ahlberg
James G. Ahlberg answered on Jan 24, 2018

There is not enough information given to respond in a helpful way. What is the nature of the harassment? What is the 17 year old being told not to disclose? Are his parents or guardians aware of this or involved in the process? Has he been given an opportunity to show the document to a lawyer? Is... Read more »

1 Answer | Asked in Personal Injury and Car Accidents for Illinois on
Q: I was in an accident but the person who caused it doesn’t have car insurance. What do I do?
Steve McCann
Steve McCann answered on Jan 12, 2018

You have a few different options. You can file a claim through your own insurance carrier, or you can go after the other driver personally. Depending on the nature of your claims, you may have other options as well. In any event, I would recommend organizing everything you have in your... Read more »

1 Answer | Asked in Personal Injury and Workers' Compensation for Illinois on
Q: Are appointments required to be after hours of work or are they to be during hours of work if injury was at work?

In regards to a workplace injury, is there anything cited that doctor visits, MRI appointments, physical therapy, etc with a workers' compensation case that places a work on "light duty". What Illinois or Federal mandate states this information?

Peter N. Munsing
Peter N. Munsing answered on Jan 3, 2018

You would want to get a free consult from a member of the Illinois Trial Lawyers Assn but generally they don't have to limit exams to work hours.

1 Answer | Asked in Personal Injury for Illinois on
Q: I broke a tooth on an olive pit in a salad at a department store restaurant. Am I entitled to any kind of compensation?
Peter N. Munsing
Peter N. Munsing answered on Jan 3, 2018

Get an estimate for the work on the tooth, make a claim.I assume you reported it.

1 Answer | Asked in Personal Injury for Illinois on
Q: My kids has lead posioning from our house I was wondering if I can sue?

The lead is in our water, as well as well as our windows that a company installed. But on our part the lead is on our stairs. So I was wondering if I still have a case.

Gregory Andrews Cade
Gregory Andrews Cade answered on Dec 27, 2017

Yes. If exposure to lead has resulted in health problems, you can successfully file a personal injury lawsuit against whoever is responsible for the contamination. Please contact a lawyer specialized in Environmental Law and they will gladly assist you with recovering financial compensation. They... Read more »

1 Answer | Asked in Personal Injury and Criminal Law for Illinois on
Q: Can someone get into trouble if they took their friend home after his/her friend beat someone up infront of the school?
Peter N. Munsing
Peter N. Munsing answered on Dec 19, 2017

generally no, unless the police came looking and they lied to the police.

1 Answer | Asked in Personal Injury for Illinois on
Q: If my son is injured during fifth grade gym class because another student wasn't following the rules, do I sue the kid's

parents or the school/gym teacher for inadeuately overseeing the class?

Steve McCann
Steve McCann answered on Dec 13, 2017

It depends on the specific circumstances surrounding your sons injuries. It may be all of the above depending on how the injuries occurred, or there may not be a valid cause of action against any of the parties. In any event, I would recommend organizing all information relevant to this... Read more »

1 Answer | Asked in Juvenile Law, Personal Injury and Wrongful Death for Illinois on
Q: I have a case dismissed w/ prejudice, appeal time expired. Can I refile for the juvenile? Death of Dad.

Mom filed on behalf herself and juvenile. Dismissed on 2-622 delay. SOL claimed. But child is a minor- doesn’t his claim stand?

Peter N. Munsing
Peter N. Munsing answered on Dec 12, 2017

I assume they had an attorney. If not they need to consult a member of the Illinois Trial Lawyers Assn. Generally, the wrongful death claim may be barred, the childs claim for future support and loss of companionship might possibly survive.

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