Illinois Car Accident Legal Questions

You need to review the mortgage loan documents to see what remedies both the lender and your boyfriends heirs are entitled to upon the passing of the borrower. Additionally, you need to file to become executor of his estate, which then would give you the authority to renegotiate the terms of the loan so the heirs can assume said loan. If these attempts are not acceptable to the lender, then they may just sell the home to recover the balance remaining on the note. You need to bring all the paperwork with you including but not limited to the will, the loan agreement and a market appraisal of the home etc and speak with an estate planning lawyer for advice and representation.... Read More

OK so there is no such thing as suing to extend the statue of limitation's. You could file a lawsuit even after the expiration of the time period, but the defendant will interpose the defense that the claim is time barred. Why didn't you get an attorney to represent you? As always, you need to discuss with counsel in your specific jurisdiction regarding matters of civil procedure that may allow you to claim relief from this time period, but it may be a difficult task.... Read More

The short answer is "yes." Provided this is an insurance issue, probably not a big deal. Otherwise, I wonder if it will cause more problems than it is worth if there are continuing things between you, such as child support, custody, ... Have you tried working it out without suing her?... Read More

Obviously, something "fell through the cracks" between the Clerk of the Du Page Circuit Court's office and the Secretary of State's office. The pending charges can be contested. Once the matter has been resolved to your satisfaction, you'll be glad you hired an attorney who knows what to do to straighten out your situation, and properly protect your legal rights and driving privileges.... Read More

This is serious, this is NOT minor, because you had an accident in DuPage County, & you shouldn't have been driving there at all since your license is suspended, this is not just a "traffic" matter, you have a "Class A Misdemeanor" charge pending against you now. A skilled criminal defense attorney would need to discuss this matter with you in greater detail, & ask you many questions, in order to give you the complete, proper legal advice you need (& a quote to represent you).? Schedule a consultation ASAP. Once the matter has been resolved in court to your satisfaction (hopefully), you'll be glad you paid the money to hire an experienced attorney & properly protect your legal rights.... Read More

In pursuing a tort (civil wrong) case, you must prove ALL of the following: 1) that there was a duty owed to you (such as obeying the traffic laws), and 2) that the defendant breached the duty, and 3) that you suffered an injury which caused you damages, and 4) that what the defendant did or failed to do was a direct cause of your injuries. Any one of those things which is answered NO ends your case.... Read More

John Bisnar Sounds like what you need it is a really good car accident attorney rather than to start a malpractice case.  Changing attorneys is easy.  Just find a local personal injury law firm with a great reputation (see button in upper left hand corner of this page "Find a Lawyer" to start looking) handling traffic collision cases that insists on a signed written contract.  The new attorney will take care of the entire change of attorney process and you should be on your way. Before you can successfully sue an attorney for malpractice, the attorney would have had to do something or failed to do something that cost you financial loss and that the attorney's actions "fell below the standard of care".  At this point, it is not clear that you have lost anything financially.  You may have been delayed in recovering what you are due. However, your accident claim is probably in tact and unharmed.  Much easier to recover what you are due from the auto insurance company than to go through the additional time and hassal of a malpractice case, if in fact you have a winning malpractice case. Good luck with the new attorney. John Bisnar BISNAR|CHASE, Personal Injury Attorneys Trusted Professionals, Proven Results www.BestAttorney.com 800-956-0123... Read More

Yes, there can be legal action against you. The question is whether as a practical matter the other person (or their insurance company) decided to pursue you. If you can afford to pay some amount for a settlement that would be your best option. Good Luck,   Andy Gillin, Senior Partner GJEL Accident Attorneys... Read More

In an automobile accident, you have the right to either give the money to the lender, while paying off the balance and keep the vehicle or get your car fixed. If the value of the damage to the car exceeds 75% of the total cars value, then the car should be salvaged and your entire balance to the lender be paid off, any insurance company takes the car and send it to auction. I have responded to your inquiry according to the laws of Massachusetts, where I practice. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.   Joseph F. Botelho, Esq. BOTELHO & ASSOCIATES, LLCAttorneys At Law www.massachusettslawyeronline.com 126 Shove Street Unit 202 Fall River, MA 02724 Office: 888-269-0688Cell: 508-801-6747FAX: 877-475-8147 Twitter Facebook  ... Read More

It sounds like the attorney miscalculated and it should be his loss.  He agreed to only take a fee if he received more than your current offer of $30,000.  He got nothing more.  You have no obligation to change the terms, unless you want to.  Steven A. Schwartz Attorney/Partner   JOEL H. SCHWARTZ, P.C. One Washington Mall, 16th floor Boston, MA  02108 (617) 742-1170 (800) 660-2270 (617) 250-2072 fax sas@joelhschwartz.com www.joelhschwartz.com... Read More

Let me preface my response by first stating that I am truly sorry for your loss.  Your son's death poignantly emphasizes the dangers of drinking and driving.  You ask whether there would be liability on the part of the bar where your son was drinking, and the short answer is, "Yes, probably."  This is often referred to as Dram Shop Liability.  However, in a lawsuit against the bar, your son's liability would be compared with that of the bar, and your son's liability for taking the wheel of an automobile after voluntarily consuming alcohol would far exceed any liability that the bar might have, therefore his estate would not prevail. I have been involved in numerous lawsuits where innocent third parties were injured or killed by drunk or impaired drivers, and in those cases the fault of the driver and bar are compared.  Most of the time, the lion's share of the liability is going to be on the driver.  However, in certain instances where bars knowingly continue to serve alcohol to someone whom they know to be impaired they can be tagged with a larger portion of fault.  Oftentimes, the damages are so catastrophic that a small portion of fault on the part of the bar can result in a significant verdict.  For example, in a case where you have an innocent victim, and damages are $10 million dollars, if a jury apportions 90% of the fault on the drunk driver and only 10% on the bar, that would still result in a $1 million dollar verdict against the bar. Indianapolis Injury Attorney, Chip Clark, practices with the law firm of Goodin Abernathy, LLP... Read More

You have every right to a complete copy of your file, and are certainly entitled to a breakdown of your settlement to show why you are receiving the amount being proposed.  If you have issues and your attorney is not addressing them, I would contact the local bar association to find out who oversees attorney conduct in your state.  Attorneys must act ethically at all times, and must communicate with their clients. As for medical bills, you may and may not be able to pay them on your own and not out of the settlement.  If there is a valid lien by that medical provider on your case, then the attorney would have to address that bill.  Otherwise, you can tell your lawyer that you will remain responsible for the bills yourself.  Steven A. Schwartz Attorney/Partner   JOEL H. SCHWARTZ, P.C. One Washington Mall, 16th floor Boston, MA  02108 (617) 742-1170 (800) 660-2270 (617) 250-2072 fax ... Read More

Whenever anyone is being sued over a traffic collision, they should immediately contact their auto insurance company and get them whatever documents have been received.  The auto insurance company will handle the matter.  They will want to get a statement from you. For piece of mind, get a consultation with an attorney who defends traffic collisions.... Read More