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Illinois Personal Injury Questions & Answers
Q: Do I need arbitration in Illinois due to harassment and TOS agreement?

I am dealing with a B2B lead generation company whose Terms of Service require arbitration in Illinois, but the business has been harassing us and attempting to bribe us to remove a review of their services. Despite our cease and desist efforts, they retaliated by leaving an unfounded review on our... View More

Charles Candiano
Charles Candiano
answered on Apr 17, 2025

Harassment is a legal finding, NOT something that can be simply be asserted by a party. You give no example of the conduct that you allege constitutes harassment. If you signed a contract with a choice of laws clause that mandates Illinois jurisdiction, that is where you are. Be careful!... View More

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2 Answers | Asked in Medical Malpractice and Personal Injury for Illinois on
Q: Can my son's MS from mercury fillings fall under the 10-year statute of repose?

I have twin sons who received dental fillings: one received 9 composite fillings, while the other received 9 mercury silver fillings. The latter twin developed MS, which was linked to the mercury fillings by a renowned neurotoxicologist's published research and extensive documentation.... View More

Charles Candiano
Charles Candiano
answered on Apr 6, 2025

Statute of repose for what? TODAY, there is no restriction or guideline against amalgam fillings in Illinois so even if you could prove a nexus between the fillings and the MS (and I don't see how you can), you CANNOT hold the dentist responsible because using amalgam fillings is still... View More

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2 Answers | Asked in Medical Malpractice, Civil Rights and Personal Injury for Illinois on
Q: What can I do about a psychiatrist's inappropriate conduct in Illinois?

I had a psychiatrist for six years, mainly consisting of talk therapy after discontinuing medications. He made inappropriate comments, such as asking about my experience as a woman with physical features and dismissing my experiences of abuse. He objectified me and commented on my attractiveness,... View More

Charles Candiano
Charles Candiano
answered on Apr 3, 2025

What you describe is your opinion that the psychiatrist conducted himself/herself inappropriately. You also say that you have consulted with his peers, butt you do not tell us their opinions. Another psychiatrist or clinical psychologist would be in the best position to advise you whether your... View More

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3 Answers | Asked in Medical Malpractice and Personal Injury for Illinois on
Q: I consented to a painful gynecological exam. What can I do legally?

I underwent an invasive gynecological exam in October 2023. I agreed to the exam because the doctor told me it was the only way to get information about my issue. I was informed it might cause "discomfort," but it was excruciatingly painful, and I was crying and unable to speak. The... View More

Charles Candiano
Charles Candiano
answered on Apr 3, 2025

I'm sorry to hear of your trying experience. Unfortunately, doctors are often misinformed that they are unable to express their concern/sympathy for your situation without admitting liability. You have to understand that if the procedure that the doctor performed was an appropriate procedure... View More

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3 Answers | Asked in Medical Malpractice and Personal Injury for Illinois on
Q: I consented to a painful gynecological exam. What can I do legally?

I underwent an invasive gynecological exam in October 2023. I agreed to the exam because the doctor told me it was the only way to get information about my issue. I was informed it might cause "discomfort," but it was excruciatingly painful, and I was crying and unable to speak. The... View More

Tim Akpinar
Tim Akpinar
answered on Apr 3, 2025

I'm sorry for your agonizing ordeal. One option may be to be consult with a medical professional and discuss what took place. Unfortunately, since October 2023, any evidence of what happened would have likely been evanescent, if it existed at all. Despite the upsetting nature of what happened... View More

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2 Answers | Asked in Consumer Law, Insurance Bad Faith, Car Accidents and Personal Injury for Illinois on
Q: Paid for car insurance via dealership, no coverage record; need help.

I bought a car on March 7, 2025, with the requirement to have full coverage insurance in order to drive it off the lot. The car salesman informed me that he would set up insurance for $401. I paid this amount via Cash App but did not receive a declarations page or any official documentation. On... View More

Charles Candiano
Charles Candiano
answered on Mar 26, 2025

First things first. Begin by contacting the dealer and requesting the name and contact information of the insurance company. In the future, avoid the situation by comparing various insurance carriers ahead of time and advising them of your intention to purchase this make and model vehicle so... View More

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2 Answers | Asked in Car Accidents, Personal Injury and Insurance Defense for Illinois on
Q: Can I sue after signing a law and injury form with State Farm and my car was totaled?

I was in a car accident and signed a law and injury form with State Farm. A couple of days later, State Farm totaled out my car. Given this situation, am I still able to sue?

Charles Candiano
Charles Candiano
answered on Mar 10, 2025

There is no such thing as a "Law and Injury Form," so it is difficult to answer. Your property damage claim is handled entirely separately from your personal injury claim. Before any insurance company will release any money to you for property damage or personal injury, you must... View More

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1 Answer | Asked in Animal / Dog Law, Civil Litigation and Personal Injury for Illinois on
Q: Can I win a case against my neighbor for their Doberman attacking and killing my dog?

My neighbor's Doberman came into my yard and bit my 10 lb Pomeranian on the neck, resulting in my dog's death. My dog was on a leash being held at the time. The incident cost me $800 plus additional expenses. The Sheriff came out, and I have a police report, but Animal Control did not... View More

Charles Candiano
Charles Candiano
answered on Mar 3, 2025

Unless you were on your neighbor's property, the Doberman was NOT under its owner's control when it attacked your dog, so your neighbor IS responsible. Animal control CANNOT choose not to respond to an animal attack. Go to animal control and demand that they prepare a report. Did the... View More

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 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 Personal Injury for Illinois on
Q: my OB I had gestational diabetes during my pregnancy and that lead me to developed type two diabetes , can I sue ?

was never told by my OB I had gestational diabetes during my pregnancy and that lead me to developed type two diabetes, (she did do the test for glucose, I was told to monitor my numbers because the results came out high but didn’t say anything that I had developed diabetes, throughout my whole... View More

Charles Candiano
Charles Candiano
answered on Nov 1, 2024

Sue for what? There is NOTHING that anyone can do to prevent GD. To sue under a theory of medical negligence/malpractice, you MUST be able to articulate how the provider breached the standard of care they owed you. GD is CAUSED by the placenta interfering with insulin absorption. It cannot be... View More

1 Answer | Asked in Personal Injury and Products Liability for Illinois on
Q: Where can I find sample punitive damages interrogatories?
Charles Candiano
Charles Candiano
answered on Oct 25, 2024

Just to review, compensatory damages are usually the only damages awarded, in any action. Punitive damages are extremely rare and in Indiana courts, they are limited to $50,000 of which only A maximum of$12,500 is payableTo any Plaintiff. After attorney fees and costs, your recovery is capped at... View More

1 Answer | Asked in Personal Injury and Products Liability for Illinois on
Q: What would you need to sue a shoe manufacturer or company if you sustained an injury from a defective shoe.

I was running and my shoe ripped open from the front and I sustained a hip and leg injury.

Tim Akpinar
Tim Akpinar
answered on Sep 23, 2024

An Illinois attorney could advise best, but your question remains open for a week. Until you are able to consult with a local attorney, to answer your question about what you'd need, it would include being able to prove that the shoe was defective, either in its design, manufacture, or failure... 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

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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

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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

Gary K. Burger Jr
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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

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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

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2 Answers | Asked in Civil Rights, Personal Injury and Libel & Slander for Illinois on
Q: How do I find someone to take a case against a police officer and states attorneys office for unlawful arrest
Charles Candiano
Charles Candiano
answered on Jun 6, 2024

You CANNOT sue a police officer or the state's attorney for anything they do in the performance of their official duties. They are immune from prosecution. Beyond that, a police officer has broad discretion in making an arrest. If you believe the arrest was unlawful, you should discuss the... View More

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2 Answers | Asked in Personal Injury and Car Accidents for Illinois on
Q: I had an accident.I was in passenger side in Lincoln MKT town car and while airbags being deployed and it burst on face.

I think it was a issue with airbags as it bursted.

Voss Skoullos
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answered on Jun 4, 2024

Here is the best chance for a personal injury claim based off the information you shared. You were a passenger in a vehicle that was involved in a car crash. One thing is for sure, the accident likely wasnt your fault. The airbag case sounds rather weak. Instead, you probably have a claim against... View More

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