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3 Answers | Asked in Medical Malpractice and Personal Injury for Illinois on
Q: Can I sue multiple hospitals for negligence in Illinois for failing to diagnose septic arthritis?

I am considering suing multiple hospitals for medical malpractice or negligence due to a failure to diagnose septic arthritis. From October to December, several doctors overlooked my blood test results and complaints. After visiting the fifth hospital, where I received an aspiration, the correct... View More

Charles Candiano
Charles Candiano
answered on Feb 24, 2025

By all means, consult medical malpractice attorneys. Much will depend upon your present physician's ability to testify as to the ADDITIONAL harm that you sustained as a result of your delayed diagnosis. If the delay in your diagnosis resulted in no additional harm ( beyond your continuing... View More

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2 Answers | Asked in Car Accidents, Insurance Defense and DUI / DWI for Illinois on
Q: Can the other driver go over $25,000 settlement cap without DUI proof?

I was involved in a minor collision early last year where my grill was chipped and my license plate bent. The police told me to "just go," and I didn't take a DUI test. Now, the other driver is suing my car insurance for injuries, but they don't want to settle for my policy cap... View More

Theodore J. Harvatin
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answered on Feb 23, 2025

They probably will not be able to prove you were under the influence but there’s nothing stopping them for making the claim although there should be some evidence to support it before they claim it is the case.

On your other thing, you probably received a letter from your insurance...
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2 Answers | Asked in Car Accidents, Insurance Defense and DUI / DWI for Illinois on
Q: Can the other driver go over $25,000 settlement cap without DUI proof?

I was involved in a minor collision early last year where my grill was chipped and my license plate bent. The police told me to "just go," and I didn't take a DUI test. Now, the other driver is suing my car insurance for injuries, but they don't want to settle for my policy cap... View More

Charles Candiano
Charles Candiano
answered on Feb 24, 2025

Let's get something clear. When you have an accident, you are either at fault or not at fault. Beyond that, for the purposes of calculating the value of the claim nothing else matters. You could be a nun, driving sisters to a convent or you could be a junkie, with an open bottle of... View More

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1 Answer | Asked in Consumer Law, Internet Law and Identity Theft for Illinois on
Q: What legal steps can I take after a crypto scam with CashApp and Coinbase in Illinois?

I was a victim of a cryptocurrency scam where my CashApp and Coinbase accounts were hacked. Both companies refuse to refund my losses, claiming that I authorized the transactions. I've reached out to both platforms and filed a police report; however, the investigation is taking a long time,... View More

Manuel Duenas Lopez
Manuel Duenas Lopez
answered on Feb 23, 2025

Hello,

We understand the distress caused by cryptocurrency scams, particularly when financial platforms deny liability. Given the nature of your case—unauthorised transactions on CashApp and Coinbase—you may have several legal and strategic options to pursue recovery.

Immediate...
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1 Answer | Asked in Appeals / Appellate Law, Gov & Administrative Law and Family Law for Illinois on
Q: Can DCFS continue drug tests after 6 clean months in IL?

I have been undergoing weekly random drug tests for six months as part of a DCFS case initiated when we sought their help to remove my fiancé's kids from their stepmother, who had abducted them. Despite complying with the drug tests and having no wrongdoings on our part, DCFS continues to... View More

Cheryl Powell
Cheryl Powell
answered on Feb 21, 2025

When DCFS has your children or your boyfriend's children and you want them back, you do whatever they say whenever they say. A drug test is not unreasonable EVER when it comes to the safety of children. If doing drugs is more important than the children to the two of you, then by all means... View More

2 Answers | Asked in Workers' Compensation and Appeals / Appellate Law for Illinois on
Q: Workers' comp coverage dropped for delayed treatment appeal

I was injured at work in March 2024 and initially managed the injury with self-care at home as advised by workers' compensation. In May, I visited urgent care but did not seek further treatment until December due to worsening hip pain. When I reached out to workers' compensation in... View More

Charles Candiano
Charles Candiano
answered on Feb 18, 2025

That's not how it works. As long as you reported your work injury within 45 days, you have 3 years to file the claim with the Illinois Worker's Compensation Commission. Until the claim is filed with the Commission, YOU HAVE NO RIGHTS TO ENFORCE. As I stated, you are required to formally... View More

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2 Answers | Asked in Workers' Compensation and Appeals / Appellate Law for Illinois on
Q: Workers' comp coverage dropped for delayed treatment appeal

I was injured at work in March 2024 and initially managed the injury with self-care at home as advised by workers' compensation. In May, I visited urgent care but did not seek further treatment until December due to worsening hip pain. When I reached out to workers' compensation in... View More

Charles Candiano
Charles Candiano
answered on Feb 20, 2025

I just wanted to clarify that you are not seeking to "reopen" your case because you DO NOT HAVE ONE. You need to hire an attorney OR file an Application for Adjustment of Claim with the Illinois Workers Compensation Commission (IWCC). The claim No. you have is with the insurance... View More

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2 Answers | Asked in Probate, Estate Planning and Family Law for Illinois on
Q: What happens to my deceased son's estate without a will?

My adult son recently passed away without a will. He was the sole owner of a house that his mother quitclaimed to him. He did not have a spouse or children. He is survived by his sister, two brothers, me (his father), and his mother (we are divorced). What will happen to his estate, particularly... View More

Charles E. Hutchinson
Charles E. Hutchinson
answered on Feb 16, 2025

According to the Illinois Compiled Statutes (ILCS)

(755 ILCS 5/2-1) (from Ch. 110 1/2, par. 2-1)

Sec. 2-1. Rules of descent and distribution. The intestate real and personal estate of a resident decedent and the intestate real estate in this State of a nonresident decedent, after...
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1 Answer | Asked in Child Support, Contracts and Family Law for Illinois on
Q: Can my maintenance be decreased after a salary reduction due to a promotion?

I am currently obligated to pay $1,800 a month in maintenance and $600 in child support for our one child, who lives with my ex-wife the majority of the time. I recently accepted a promotion at work, which resulted in a $24,000 decrease in my annual income due to the elimination of overtime pay. I... View More

Cheryl Powell
Cheryl Powell
answered on Feb 15, 2025

I don't believe so. You knew your promotion would result in a salary cut. Given that, you could have chosen to refuse that offer of employment. When the decrease in income is voluntary, one cannot decrease the maintenance they are paying. I suspect the court would keep you obligations the... View More

1 Answer | Asked in Criminal Law, Car Accidents and Domestic Violence for Illinois on
Q: Can a indiana warrant be executed in Illinois

I have a possible warrant in Indiana but I live in illinois

Charles Candiano
Charles Candiano
answered on Feb 11, 2025

An arrest Warrant can be executed in ANY state. Take care of the warrant immediately. Contact an experienced criminal defense attorney who regularly practices in the jurisdiction where the warrant was issued. If it is something very minor, the attorney may be able to take care of it for you.... View More

1 Answer | Asked in Traffic Tickets for Illinois on
Q: How many moving violations in Illinois, before your license is suspended?
Theodore J. Harvatin
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answered on Feb 9, 2025

If under 21 years old, the second conviction within a 24 month period will cause a suspension. It’s important to try for court supervision on the ticket you receive because supervision does not count as a conviction. So the correct question is not how many moving violations it’s how many moving... View More

2 Answers | Asked in Tax Law for Illinois on
Q: Me and girlfriend split up and she is telling me I can't claim my daughter, she is. Custody has not been decided
Phillip Todd Zagotti
Phillip Todd Zagotti
answered on Feb 8, 2025

It’s interesting that you referred to her as your girlfriend and not the child's mother, as this could affect the outcome depending on the circumstances.

If she is the child's mother and she has the child for more nights throughout the year, then she would likely have the right...
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2 Answers | Asked in Bankruptcy for Illinois on
Q: Can I file bankruptcy and keep my home?

I have credit card debt lived off of them for 3 years. Could not work because a pain doctor gave me Epidural in my neck causing a large hematoma cervical with lower extremity paraparesis.

In hospital for one month. I need to file bankruptcy but don’t want to lose my house

House... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Feb 3, 2025

For payment defaults, especially those lasting more those lasting 90 days or more, most credit card issuers will sue, take judgements, and because final judgements become liens and bankruptcy courts have limited abilities to void liens, you should confer with experienced bankruptcy counsel before... View More

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1 Answer | Asked in Estate Planning, Family Law and Uncategorized for Illinois on
Q: MY SISTER REFUSES TO GIVE ME INFORMATON ABOUT OR DECEASED MOTHER'S ESTATE. HOW CAN I GET THIS INFO?

My mother died on 12/19/24. My sister who hsa her POA over her finances refuses to give me any information regarding her estate. I know i am entitled to half. How can i go about getting my half of the estate? I do not know if my mother had a will or not. She refuses to provide me this... View More

Cheryl Powell
Cheryl Powell
answered on Jan 29, 2025

The POA died with your mother. If there is a will, it should be filed with the circuit clerk of the county she lived in within 30 days of her death. You can get a copy there. Do you know who the lawyer would have been that drafted poa's and maybe a will? If so, check there to see if they... View More

1 Answer | Asked in Divorce and Appeals / Appellate Law for Illinois on
Q: if I didn't request maintenance at the end of court. can I file a motion and bring it back into court and request it?
David Giffin
David Giffin
answered on Jan 29, 2025

The most likely answer is no. Without knowing more about what exactly happened at trial, under most normal circumstances, you are responsible for raising issues you know about or should have known about at or before the time of trial. By failing to raise it properly, you may be deemed to have... View More

1 Answer | Asked in Family Law for Illinois on
Q: What do I do about an incest relationship In my family my sister and my moms brother ( uncle) and they had a child.

She was pregnant a while back but she couldn’t go full term. And then they basically told my mom that they have a relationship and the baby might be my uncles child. Plz help idk what to do or feel about this!

David Giffin
David Giffin
answered on Jan 29, 2025

This is a matter that should be brought to the police, not to a family attorney. Illinois law prohibits certain categories of close family members from engaging in penetrative sexual intercourse. This includes aunts and uncles with nieces and nephews. Additionally, if your sister is a minor, your... View More

1 Answer | Asked in Criminal Law for Illinois on
Q: Can you have your probation revoked even if you get a charge and it is still in the courts

I'm having to go to court for probation being revoked but the other charge that I got I am still going to court on there's been no conviction is that legal

Cheryl Powell
Cheryl Powell
answered on Jan 28, 2025

Yes. Essentially, you have a Petition to Revoke your Probation partly based on your new charge and you have the new charge. In the PTR the state only has to prove that it's more likely than not that you committed the crime. In the new charge you have to be proven guilty beyond a reasonable doubt.

2 Answers | Asked in Family Law and Estate Planning for Illinois on
Q: My boyfriend and I are living together for 10 years, we were both divorced, he had no kid, I had 1 (32 y/o) .

We both would like to start with our will. Him being 73 y/o, and I am 63. We need assistance in how we can start with it, God knows, what will happen one day. Is there a form that we can get and have it notarized, for each one of us separately? I think we need the financial will, living will and... View More

David Nachman Byer
David Nachman Byer
answered on Jan 27, 2025

As an unmarried couple, albeit a long-term one, the law would not provide any transfer of the assets of each of you at your passings to the other person. You need 2 wills to achieve the results you are seeking. In them you could structure the passing of your assets and create a medical power of... View More

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2 Answers | Asked in Divorce and Personal Injury for Illinois on
Q: Can I sue my husband for intentional infliction of emotional distress

I have been married to my husband since 02/27/2019. In about June of 2019 we had started using methamphetamine. Shortly after we started using together, he started getting physically violent. Mainly at first he would choke me out till I passed out. Like I would be standing up and he would come from... View More

Charles Candiano
Charles Candiano
answered on Jan 23, 2025

Ms. Powell is correct that it is technically possible. That said, litigation is terribly expensive (you will need to pay in advance) and you need to consider whether your husband would be able to pay. More importantly, money isn't going to keep you from being repeatedly injured by your... View More

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1 Answer | Asked in Workers' Compensation for Illinois on
Q: Do I need to release all of my medical records for a workers compensation injury?

I work in healthcare in Illinois, I injured my neck at work. My adjuster sent me a medical records and health information authorization and I feel as if only my medical records pertaining to this injury should be released.

Charles Candiano
Charles Candiano
answered on Jan 22, 2025

1st of all, you need to understand that your employer is legally entitled to all medical records from any care that they pay for related to your work injury, IRRESPECTIVE of whether you give them permission. Unless your work injury involves a psychological injury or other specially protected... View More

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