Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Illinois Questions & Answers
4 Answers | Asked in Intellectual Property for Illinois on
Q: How can I get to continue with my application after considered abandoned for not replying on time? Sailreddy

This method of perforating dough layer is considered abandoned due to not replying on time. Do I get to apply to revive or need to put a new application

Alan Harrison
PREMIUM
Alan Harrison pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 1, 2024

Was it an *unintentional* delay up until the moment that you obtained an attorney to prepare the papers to revive? If so, you can petition to revive.

"Unintentional" is hard to define - indeed, I am not able to find case law that defines it - but it might be considered to...
View More

View More Answers

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for Illinois on
Q: I need help here I'm out 48 thousand dollar and only got a partial payment of 3000 and I never signed off on this matter

I find it all unjustified how I was done in this matter of my things I worked hard for for 17 years and got 3000 dollars out of all it 48 thousand worth and showed proof of what they asked and I got 3000 for all of it and that was 2 years ago and I didn't sign off on anything in this matter so... View More

Tim Akpinar
Tim Akpinar
answered on Sep 1, 2024

An Illinois attorney could advise best, but your question remains open for two weeks. I'm sorry for your ordeal. It sounds like you're basically saying you got shortchanged on an insurance claim. If that's the case, you could set up a consult with a local attorney to review the... View More

2 Answers | Asked in Personal Injury and Workers' Compensation for Illinois on
Q: How do you determine what is a sufficient settlement for an injury on the job?

If a nurse is assaulted while on the job by a mental patient, how do you determine what a fair settlement would be?

Tim Akpinar
Tim Akpinar
answered on Aug 15, 2024

An Illinois attorney could advise best, but your question remains open for two weeks. I'm sorry this happened. If the nurse you describe is yourself, I hope you are okay. It could depend on injuries, time lost from work, level and permanence of any disability incurred, and other factors. One... View More

View More Answers

2 Answers | Asked in Personal Injury and Workers' Compensation for Illinois on
Q: How do you determine what is a sufficient settlement for an injury on the job?

If a nurse is assaulted while on the job by a mental patient, how do you determine what a fair settlement would be?

Charles Candiano
Charles Candiano
answered on Aug 29, 2024

I don't mean to be flippant, but the only legitimate answer to your question would be a comprehensive "how to do it" book on Worker's Compensation injuries. It is not "rocket science," but it can be unbelievably complicated. To make the calculation, an attorney would... View More

View More Answers

1 Answer | Asked in Personal Injury, Civil Litigation, Small Claims and Wrongful Death for Illinois on
Q: Hello, Does every attorney that presents on a case before the court have to file an individual appearance?

Hello,

My Question: If a law firm files an appearance and list two attorneys on the appearance, Can a new attorney for the same firm, present to the court without filing an additional appearance?

Ex: attorney X represents Client A, X law firm files an appearance for his firm,... View More

Tim Akpinar
Tim Akpinar
answered on Jul 28, 2024

Only an Illinois attorney could answer your question, as it involves state procedural rules, but you await a response for five weeks. Until you are able to consult with a local attorney who could advise precisely under Illinois civil procedure law, in many places nationwide as a general practice,... View More

2 Answers | Asked in Personal Injury and Car Accidents for Illinois on
Q: What If I feel like I was wrongly accused of a accident that was partially my fault?

I was involved in a car accident where I was coming down the wrong side turning lane and I took fault for that part but in doing so he wasn't supposed to be turning without one a turning signal then he came down a turning lane stating that he was jus trying to go on on coming traffic headed... View More

Tim Akpinar
Tim Akpinar
answered on Jul 23, 2024

If you could arrange a free initial consult with an Illinois attorney, that might be the most thorough way to sort out what happened here, between the matter of how liability was apportioned (it isn't fully clear from the brief post - if you have a police report, that would be valuable to an... View More

View More Answers

2 Answers | Asked in Personal Injury and Car Accidents for Illinois on
Q: What If I feel like I was wrongly accused of a accident that was partially my fault?

I was involved in a car accident where I was coming down the wrong side turning lane and I took fault for that part but in doing so he wasn't supposed to be turning without one a turning signal then he came down a turning lane stating that he was jus trying to go on on coming traffic headed... View More

Gary K. Burger Jr
PREMIUM
Gary K. Burger Jr pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 22, 2024

Illinois has a modified comparative fault rule, which means that someone who is partially at fault can still recover compensation from the other party's insurance as long as they were 50% or less at fault (the amount they recover would be reduced by the share of fault they carry, so if they... View More

View More Answers

1 Answer | Asked in Immigration Law for Illinois on
Q: I was on an H-1B visa, but I lost my job, and my employer terminated my H-1B.

I see two options: 1. Changing my visa status to B-1/B-2 or 2. Changing my status to F-1 using the regular process with a bridge application. Can you help me decide which option is best and guide me?"

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 22, 2024

I'm sorry to hear about your situation. Choosing between changing your status to B-1/B-2 or F-1 depends on your goals and circumstances. The B-1/B-2 visa is for temporary business or tourism, offering a short-term solution if you need time to arrange your affairs or explore other employment... View More

1 Answer | Asked in Bankruptcy and Employment Law for Illinois on
Q: when filing out a proof of claim form against my employer who filed for chapter 7 can I include severence to wages owed?

and if yes how do I caculate severence owed?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 21, 2024

Yes, you can include severance in the wages owed when filing a proof of claim form against your employer who filed for Chapter 7 bankruptcy. Severance pay is typically considered part of wages and can be claimed as such.

To calculate the severance owed, refer to your employment contract or...
View More

2 Answers | Asked in Copyright, Intellectual Property, Patents (Intellectual Property) and Trademark for Illinois on
Q: Is the name Warhorse copyrighted patented or protected from me using it for my new company or Warhorse production
Bao Tran
PREMIUM
Bao Tran
answered on Jul 25, 2024

Based on the search results provided and the information in your query, here's an analysis regarding using "Warhorse" for your new company or "Warhorse Production":

Existing Usage:

The search results mention "The War Horse" and "The WarHorse...
View More

View More Answers

1 Answer | Asked in Child Support, Divorce and Family Law for Illinois on
Q: Questions about alimony in Illinois and what options I may be able to pursue?

1) Per my divorce decree, my ex wife and I are to present W2's each year. This was never done, however I experienced a decrease in income since the maintenance was set 6 years ago. If it were determined that I overpaid during any year, is that reimbursable in court? If I underpaid during... View More

Joerika Stitt
Joerika Stitt
answered on Jul 13, 2024

Hello,

Thank you for your questions about spousal support (maintenance) in Illinois. Here's some information that may help address your concerns:

1. Reimbursement for Overpayment of Maintenance

Yes, under Illinois law, if you overpaid maintenance due to a decrease in...
View More

1 Answer | Asked in Divorce and Family Law for Illinois on
Q: Hello I have low income and my spouse had been verbal and mentally and financially abusing me I what can I do ?
Joerika Stitt
Joerika Stitt
answered on Jul 13, 2024

Hello,

I'm sorry to hear about the verbal, mental, and financial abuse you've experienced. It's important to remember that domestic violence (DV) isn't limited to physical harm. The behaviors you describe are forms of DV, and it's not your fault.

You are...
View More

2 Answers | Asked in Copyright and Intellectual Property for Illinois on
Q: Can I ask them not to use my photography if I was a contractor and the job exceeded scope and pay?

I was hired as a Marketing Coordinator in April. When I started, they stated they wanted social media graphics to promote bands, occasional visits to take videos of bands playing, a website redesign, and they wanted to get some photos of food. They paid a $400 flat fee a month. In June, I went in 3... View More

Bao Tran
PREMIUM
Bao Tran
answered on Jul 25, 2024

Based on the situation you've described, you may have some rights regarding the use of your photography. Here's an analysis of your position:

Copyright Ownership:

As the photographer, you automatically own the copyright to the photos you took, unless there was a written...
View More

View More Answers

2 Answers | Asked in Copyright and Intellectual Property for Illinois on
Q: Can I ask them not to use my photography if I was a contractor and the job exceeded scope and pay?

I was hired as a Marketing Coordinator in April. When I started, they stated they wanted social media graphics to promote bands, occasional visits to take videos of bands playing, a website redesign, and they wanted to get some photos of food. They paid a $400 flat fee a month. In June, I went in 3... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 2, 2024

1. Copyright ownership:

Generally, the creator of a photograph owns the copyright to that image, unless it's considered a "work for hire" or there's a written agreement transferring the rights. As a contractor without a signed agreement, you likely retain the copyright...
View More

View More Answers

1 Answer | Asked in Civil Litigation, Civil Rights, Gov & Administrative Law and Legal Malpractice for Illinois on
Q: Does an attorney have to correspond and communicate with a third party non attorney?

If opposing counsel is pro se with a durable power of attorney instrument (which grants specific powers to the agent to explicitly handle, discuss, manage, and correspond on behalf of the principal) is the opposing attorney required to correspond with the POA the same as he would the principal?... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 29, 2024

This is a complex legal question that touches on several areas of law and professional ethics. Let me break down the key points:

1. Generally, attorneys are not required to communicate with third parties who are not attorneys or their clients. However, there are exceptions.

2. When...
View More

2 Answers | Asked in Internet Law and Legal Malpractice for Illinois on
Q: Is it illegal to joke that I am “the unofficial lawyer” for a group of people online?

I do give legal advice, but it is nothing that is actually being taken to court, saying stuff like “doxxing is illegal under these laws”

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 29, 2024

Claiming to be a lawyer or providing legal services without proper licensure and credentials can potentially be problematic. Even if meant as a joke, it could be misinterpreted. There are laws in many jurisdictions against the unauthorized practice of law.

Some key points to consider:...
View More

View More Answers

2 Answers | Asked in Internet Law and Legal Malpractice for Illinois on
Q: Is it illegal to joke that I am “the unofficial lawyer” for a group of people online?

I do give legal advice, but it is nothing that is actually being taken to court, saying stuff like “doxxing is illegal under these laws”

Tim Akpinar
Tim Akpinar
answered on Jul 17, 2024

It's fairly clear to the average person that you mean it jokingly, but as my colleague suggests, it could be better to avoid saying such things. It could be safer to say something like, "This is the way I would interpret it, but it could best to check with a lawyer in Illinois ." Good luck

View More Answers

2 Answers | Asked in Bankruptcy and Real Estate Law for Illinois on
Q: Can I transfer property to my parents if they filed for bankruptcy?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 26, 2024

This question raises some important legal concerns. Here's a concise response based on general principles, but please note that specific legal advice would require consulting a qualified attorney:

1. Timing is crucial: If your parents have already filed for bankruptcy, transferring...
View More

View More Answers

2 Answers | Asked in Bankruptcy and Real Estate Law for Illinois on
Q: Can I transfer property to my parents if they filed for bankruptcy?
W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Jun 23, 2024

Yes, you can, but be sure that their Order Discharge has been entered and that no appeal has been timely taken from that Order.

Also, ensure that the bankrupts will not inherit, or learn of imminent inheritance, within six months of the discharge.

The Bankruptcy provisions enabling...
View More

View More Answers

1 Answer | Asked in Traffic Tickets and Criminal Law for Illinois on
Q: 63 in a 35 have to appear in court

for a first offense what would likely be the punishment

Brandon K. Davis
PREMIUM
Brandon K. Davis
answered on Jun 23, 2024

Speeding 26-34 over is a Class B misdemeanor under Illinois law. This is a criminal offense, which is why you have a mandatory court appearance. An attorney can certainly assist and help ensure you receive the best possible result.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.