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Illinois Personal Injury Questions & Answers
1 Answer | Asked in Personal Injury for Illinois on
Q: Do I have a case if I was in a fight when unprovoked another girl jumped in and attacked me as well? + evidence ?

I got in a fight which started when the other girl had grabbed me by the hair and I started defending myself. The girl I was fighting then signaled her friend to jump in ( who had been waiting) and attacked me. I did nothing to her friend and she started striking me . Also The original girl had... View More

Charles Candiano
Charles Candiano
answered on Apr 6, 2022

The girl who grabbed your hair committed a battery which is illegal and would have merited her arrest but you chose to fight with her rather than call the police.

Do you have hospital, ER, or other medical bills from the date of the incident? What is your permanent injury? Why didn't...
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1 Answer | Asked in Consumer Law, Personal Injury and Small Claims for Illinois on
Q: can a sue a car repair shop for breaking a part on my truck and not fixing it they have had it for 2 months

whatever they broke now its going to cost $5600 to fix and they will not take my calls and they have had the truck for over 2 months now I have already paid $1782.00 for the heater core and now the computer is not working and the truck will not start they still have the truck and said it will be... View More

Charles Candiano
Charles Candiano
answered on Mar 31, 2022

Maybe. Before you go down that road, your best advice may be to have the car towed to the dealer before anything else is done. The dealer can tell you whether the heater core was properly installed and they should be able to explain how it would be possible to damage the computer while performing... View More

1 Answer | Asked in Criminal Law, Federal Crimes, Family Law and Personal Injury for Illinois on
Q: I live in central llinois, are there any laws regarding desecration/disrespect to a deceased ones ashes by other person

I was involved in a domestic violence dispute. My child's father had broke open the container of my(at the time) recently deceased dad's ashes, who had been dead less than 2 weeks, only having his ashes not even 48 hours.

Charles Candiano
Charles Candiano
answered on Mar 22, 2022

Your rights are stated in 755 ILCS 65/1, et seq. Please read to gain a better understanding of your rights.

1 Answer | Asked in Criminal Law, Education Law, Contracts and Personal Injury for Illinois on
Q: can you sue a Montessori school if something happens to your child?

My son is attending a Montessori school and they had me sign a contract stating that I can’t sue them ever even if something happens due to their negligence

Charles Candiano
Charles Candiano
answered on Feb 28, 2022

It depends on the contract language and how your child was injured. ALL of the details and a copy of the contract need to be reviewed by an attorney before it is possible to provide a meaningful answer.

2 Answers | Asked in Personal Injury, Employment Law and Civil Litigation for Illinois on
Q: Illinois removal from federal court

I am a plaintiff in a case in which the defendant removed the case from state to federal court. It has now been remanded back to state court. Defendants filed a motion to dismiss in fed court which wasnt resolved. Defendants are now seeking to dismiss case in state court based upon the motion to... View More

Robert D. Kreisman
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Robert D. Kreisman
answered on Feb 26, 2022

I believe that once the federal court is divested of jurisdiction and thus any authority over the pending case, that the motion to dismiss filed in federal court would have to be filed in the state proceeding to heard. That seems to be the case where although the motion to dismiss was filed in the... View More

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2 Answers | Asked in Personal Injury, Traffic Tickets and Small Claims for Illinois on
Q: Acciden w/ an at fault driver w/ no insurance, pleading not guilty and has a B trial w/ lawyer. Should I get lawyer 2?

There was only property damage. I only have uninsured bodily damage, not property. I was never contacted to go to court, but I went for the first appearance and was told if I didn't show up for the trial, the other drivers case would be dismissed. Shouldn't the officer be there to testify... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jan 25, 2022

Unless the officer witnessed the accident/collision he has no personal knowledge of how the accident occurred-----that is why you would need to testify at the trial on the traffic ticket. You can contact a lawyer in your area to discuss the pros and cons of attending the trial on the traffic... View More

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1 Answer | Asked in Personal Injury and Workers' Compensation for Illinois on
Q: What should I do when I have lack of communication with my lawyer & have reached full MMI?

I’m 26 with two surgeries in one year from a job injury that led to termination. I still have chronic pain after having both surgeries in a year. It’s been 3 years that my case has been ongoing and I’ve reached MMI. I have been having major neck pain on the opposite shoulder & I don’t... View More

Charles Candiano
Charles Candiano
answered on Dec 8, 2021

There is no excuse for no contact in 4 months and there is rarely a need to speak specifically with your attorney. There is no reason why someone cannot get a question answered for you, MOST of the time. If your attorney is doing his job, he should be apprising you of options. No attorney can do... View More

2 Answers | Asked in Car Accidents and Personal Injury for Illinois on
Q: If a vehicle is standing that got hit by another car can I sue the driver of the standing vehicle also

Lawsuit

Charles Candiano
Charles Candiano
answered on Dec 6, 2021

If a vehicle was stopped on a roadway and ANY of the vehicle remained on the roadway, it constituted a hazard to other vehicles on the roadway and it is liable for ALL property damage and injury that results, no matter how many vehicles are involved. If the stopped car caused the car that hit you... View More

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1 Answer | Asked in Personal Injury for Illinois on
Q: is there anything I can do about something that happened nearly 3 years ago?

I was working in my yard splitting rocks with a pickaxe when the pickaxe broke the metal head flew up and hit me in the back of the head my friends began to take me to the hospital until someone in the backseat dialed emergency services in which the they pulled us over after over the phone i said... View More

Tim Akpinar
Tim Akpinar
answered on Nov 20, 2021

An Illinois attorney could advise best, but your post remains open for two weeks. As a general matter nationwide, when a call is made to the dispatcher and an ambulance responds, there's going to be a bill, regardless of whether it's a fire department, police, or other agency's... View More

1 Answer | Asked in Employment Law, Personal Injury, Civil Rights and Employment Discrimination for Illinois on
Q: Hello. I believe that I have solid discrimination case against my employer. I would like to get a legal perspective.

I believe that I am being wrongfully discharged and I need legal advice. My doctor’s recommendation against my taking vaccinations due to previous medical reactions were rejected by my employer. I also have religious beliefs that do not support my taking the vaccines. My employer fraudulently... View More

Charles Candiano
Charles Candiano
answered on Nov 15, 2021

Sorry, but it is a slam-dunk loser. Every court that has addressed compulsory vaccination has found that it was merited. If your children are not vaccinated (against childhood diseases), they CANNOT attend public school. Why should you have an additional opportunity to become infected and to... View More

1 Answer | Asked in Personal Injury for Illinois on
Q: why does it cost 92,000 dollars for a lawyer

Your gross settlement is 230,00,00

Tim Akpinar
Tim Akpinar
answered on Oct 28, 2021

An Illinois attorney could advise best, but your question remains open for a week. Without seeing your file, one could only make general guesses about funds in your case. Only your attorney could answer meaningfully. Although roughly one-third is a commonly used contingency fee in many places, it... View More

1 Answer | Asked in Criminal Law, Federal Crimes and Personal Injury for Illinois on
Q: Can I file a personal suit after being the victim of a felony assault?

I was the victim of a felony assault in 2019. The case just came to an end today with the state successfully getting a guilty please. I will receive restitution for damages received (I have lasting damage to my vision in my left eye, restitution only covers vision therapy receipts up to last year,... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 28, 2021

You most definitely may initiate a civil action for additional lasting damages against the convicted person based on your description. I believe you have requisites merits to initiate such suit for damages, however, the difficulty will lie in the following: even if you file and obtain a judgment... View More

1 Answer | Asked in Personal Injury for Illinois on
Q: Personal injury pro se law suit

I filed a pro se PI suit on 8-30-21 I have found supportive material, till which date I am allowed to file, summons are served and time given for defendends to appear or file

Charles Candiano
Charles Candiano
answered on Sep 15, 2021

The way this works is you need to ask a question. If you are looking for an attorney to represent you, we all give free consults but do NOT expect a discount because you filed. You may or may not have properly drafted the Complaint and you may or may not have named the correct Defendant. If you... View More

2 Answers | Asked in Personal Injury for Illinois on
Q: Fall while patient in hospital for unrelated issues, due to faulty railing, taken to ER, then to another hospital

for injuries, then rehab., released and sent home March 1, 2021. no photos of faulty stair railing available, has been repaired, no acceptance of responsibility but visit while in rehab and phone calls from someone, asking that he sign a 'release'...has not to this day signed. Are their... View More

Charles Candiano
Charles Candiano
answered on Jul 26, 2021

It is necessary to know the nature of the faulty stair railing as well as the nature of the injury sustained and whether there are any deficits from the injury. It would be a premises case so you need to establish that the hospital knew or should have known of the defective banister. It is... View More

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2 Answers | Asked in Car Accidents and Personal Injury for Illinois on
Q: I was involved in a minor accident & I have no insurance. Will I have to go to court? They sent me an attorney lien lett
Robert D. Kreisman
PREMIUM
Robert D. Kreisman
answered on May 4, 2021

The short answer is that a lawyer for the party who may claim some injury has sent you the form letter that generally kicks off such a case. I'm sure the letter asks you to report this incident to your insurer, which you don't have. Many lawyers in your situation will turn to their... View More

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1 Answer | Asked in Personal Injury and Medical Malpractice for Illinois on
Q: APPEARANCE FILED - FEE PAID - (JURY DEMAND) What does this mean
Robert D. Kreisman
PREMIUM
Robert D. Kreisman
answered on Apr 15, 2021

This means that the defendant(s) has filed an appearance and a demand for jury trial. This filing would almost always be filed by the attorney(s) representing the defendant(s).

1 Answer | Asked in Employment Discrimination, Employment Law and Personal Injury for Illinois on
Q: Belleville, Il. 62221 of St. Clair County. Question: Will get paid comp from missing 4 days of work (Covid 19)

In regards to being paid by worker's comp.

Charles Candiano
Charles Candiano
answered on Jan 24, 2021

If you contracted Covid-19 as a front-line worker, you enjoy a rebuttable presumption that it was work-related. Once that is proven, it is the same as any other Workers' Compensation claim. In Illinois, an injured worker is not compensated for the first three days that they must be off work... View More

1 Answer | Asked in Personal Injury for Illinois on
Q: Personal injury lawsuit in (Lake County) Illinois. See below.

In general when the deadline for doing something falls on a Saturday, Sunday, or legal holiday the deadline is extended to the first day that is not a Saturday, Sunday, or legal holiday.

In Illinois does this apply to the deadline for filing a personal injury lawsuit? Thank you.

Tim Akpinar
Tim Akpinar
answered on Dec 28, 2020

An Illinois attorney could answer best, but you await a response for two weeks. As a GENERAL matter in MANY jurisdictions, the practice you describe is often followed. But each jurisdiction can apply its own rules, customs, or practices. Therefore, it would be best to reach out to a local attorney.... View More

2 Answers | Asked in Civil Litigation, Libel & Slander, Personal Injury and Criminal Law for Illinois on
Q: Where can you find an attorney personally invested for a demand to ensure justice? practicing all areas of law
William Wolf
William Wolf
answered on Oct 19, 2020

I can only speak for myself as a criminal defense lawyer. I guess the best answer is to ask the lawyer you're thinking about hiring why they became a lawyer. I would also ask the lawyer what professional associations they belong to and why.

I find that many of the best criminal...
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2 Answers | Asked in Personal Injury for Illinois on
Q: I was working at a customer's house and I injured my knee very badly so badly that I have to have an emergency surgery t

Can I sue her homeowners insurance company I'm pretty sure I can I need to do something very quickly

Robert D. Kreisman
PREMIUM
Robert D. Kreisman
answered on Oct 4, 2020

Two things come to mind. Were you working for an employer who carries workers' compensation insurance? Secondly, to your question on whether you can sue the homeowner for your injuries depends on what you believe was the cause of your knee injury. Was there something unsafe that the... View More

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