Illinois Personal Injury Legal Questions

It would be best that you arrange a personal injury consultation. His receiving the ticket does not necessarily determine his share of the fault as far as the insurance claims and/or a civil lawsuit among him, the other drivers and any other parties who may be liable. He should not plead guilty to the ticket, but should get further advice during the consultation about the handling of the ticket. If in fact, however, after consultation, it is agreed that he was substantially at fault for the accident, then you will likely need to rely on your own auto insurer's medical payments coverage, then your health insurance.... Read More

The best place to find a lawyer is by word of mouth. Ask your friends, family, and co-workers if they've ever needed attorney services. Not only will they give you names, they'll let you know what kind of service/results they received. (You don't get that kind of reliable information from a Google search, Yellow Pages listing or late night TV commercial.)... Read More

First things first: if the summons and complaint ask for a lot of money, or any other relief that is costlyand perhaps even if the legal matter is smallit's almost always a good idea to consult a lawyer. They will be aware of possible defences, and will know how to ask you for all the relevant facts. That said, the summons itself should tell you a good part of what you must do. It almost certainly tells you to file an Answer with the Court, copy to the lawyer who is suing you. Your answer should identify the case by name and number (e.g. Griffin vs. Boulder, Case No. 2015 SC 1234or something similar). It should respond to each assertion in the Complaint with the words 'deny, 'admit' or 'lack sufficient information to form a belief as to the accuracy of the averments of this paragraph, and therefore deny it and put Plaintiff strictly to his/her/its/their proof thereon.' There are a few other possible responses. Find a skilled lawyer to represent you. It's generally worth the cost.... Read More

It is not practical to evaluate a malpractice claim based on the limited information that can be provided on a site like this. It sounds like you have something to consider, but in reality you should understand that attorneys have to exercise careful discretion in considering these claims because they are typically expensive (involving experts, records, transcripts, ...) and time-consuming (extending out over several years). Gather the information available to you and set a consultation.... Read More

Your exclusive claim for an on the job injury is for workers' compensation benefits. You have 2 years from the date of the accident to bring it or you will be forever barred. There is no time limit on a claim for medical benefits. There are exceptions to the exclusivity provisions of the law that may allow you to sue outside of the Comp Act for additional damages. Consider consulting an experienced workers' comp lawyer. Good luck.... Read More

Almost every day we get a request for evaluation of a claim. We cannot respond to such a request, as there are simply too many elements to be considered. These include percentage of fault, age and health and background of the claimant, the nature of the injury, the treatment, the diagnosis, the prognosis, the cost of the treatment, and the outcome. Also to be taken into account in some cases are the amount and type of insurance coverage and the name of the insurance company. Most attorneys offer a free conference. We suggest that you talk to a few lawyers. Also, you should know that an independent study showed that claimants did better, even after fees, with a lawyer than without.... Read More

There are attorneys I have worked with who have specific experience in dental malpractice. It would be best that you consult with someone who has that specific background. Likely, the question is whether the damages are sufficient to warrant a claim and possible lawsuit. It sounds like a partial solution was already provided and the future solution is not too drastic in light of dental treatment practices today, but an attorney experienced with this specific area will have a better perspective.... Read More

Potentially liable parties are the bar itself, which may have had a duty to protect you, and each of the people who assaulted you assuming you did not provoke the fight. I expect the only defendant which could pay a judgment would be the bar. Consult a skilled personal injury lawyer in your area.... Read More

Slip and fall cases are, by their nature, difficult. First, you must be able to prove negligence on the part of the property owner/occupant. Negligence could be defined as the failure to use REASONABLE care; the owner is not a guarantor. To do this, you must be able to prove that the owner put the slippery substance there, or that they had prior knowledge of the hazard and failed to take care of it promptly. Second, they will claim ?comparative fault?, meaning that you had a duty to watch where you were walking, and thus are partly at fault. The result is that most lawyers are reluctant to take a slip and fall case unless there are substantial damages, and there are at least some arguments to be made on the question of fault.... Read More

I am sorry you are going through this. If this is an ex-boyfriend, then you may be able to obtain a protective order, which would set up easier prosecution if the conduct resumes. Next, many states have now passed more specific laws concerning online harassment and those laws may give you specific recourse. You mention moving, so a determination would need to be made about which state's laws may apply for either a protective order or the application of specific laws about posting such content. You may also have a case for civil damages separate from any such laws. Apart from legal recourse, the conduct probably violates the websites rules. If you have not contacted any site on which the posts and communications are being made, you should carefully and succinctly do so, laying out what is happening in a way that shows your concerns as proper and serious. I do not imagine you would, but avoid anything that seems like you are trying to put the website in the middle of a spat, avoid any wording that would make it seem like you are simply trying to retaliate by impacting his rights.... Read More

I am sorry to hear about the unfortunate situation you encountered. Certainly you have a claim that would warrant a review of the records, further discussion, evaluation of the short and long-term consequences and, likely, analysis by an expert (which is required). Whether the case will be taken will depend on the total review. Medical malpractice cases, despite some perception to the contrary, are difficult to pursue and carefully screened. For attorneys, a careful look must be taken before engaging in what will almost always be a strongly contested, extended and costly matter (understanding that as lawyers the time and the expenses are generally advanced, with the fees and costs coming from the eventual settlement or judgment). Make an appointment before engaging in any discussions about the case. Bring records and bills that you already have. Be prepared to sign a release for additional records to be obtained.... Read More

It is possible that your attorney is doing a very effective job on the case, but not communicating with you in the way that best helps you. I am not sure how you have communicated with him recently, but the best thing you can do for your case, as a first step, is to schedule an office appointment. Ask the receptionist to find a time that will work well for the attorney, where he will not feel rushed with another client waiting in the reception room, a court case or deposition scheduled shortly after the appointment, a looming deadline, ... Don't go too far out in the future, but see if the receptionist can help you work out the best appointment time for the attorney in the coming weeks. When you meet with the attorney, perhaps acknowledge his busyness and thank him for meeting with you. Begin with a general request for an update and opinion about the case's timeline and potential value. Try not to unnecessarily question, doubt, raise your voice, etc. It is okay for you to ask questions, but try to do so after hearing the attorney out with a mind to listen and understand. It may be that the case is not as strong as it once was considered and the reasons can be explained. It may be that the case is exactly where it is expected to be, but that the expected timeline was never clear. If necessary, you can explain that you need things explained differently for you to understand, perhaps differently from the attorney's usual style or perhaps differently from one client to the next. You can explain that, unfortunately, you are in difficult circumstances and not knowing or understanding more about the case makes matters worse. Understand, however, that the attorney's hands may be tied in that medical cases are difficult, costly, take time and often have unexpected turns, delays, etc. Unfortunately, even a very sympathetic attorney's job is in handling the case effectively, rather than your present circumstances. Most cannot be overly focused on how to get you by in the mean time. Your circumstances, assuming that there are not others impacted, may influence decisions such as settlement, but until such time as the funds are available, you may have to look to social services, family, friends, possibly even bankruptcy. Short of settling the case early for lower value, there may not be much that the attorney handling the claim can do for you. A loan against the possible settlement, is almost always a bad choice! Avoid that. The terms will be terrible. While you can look to change attorneys, that can often be difficult in cases like this. If, however, your meeting leaves you less assured than you are now, then you should get a second opinion. Understand, however, that while another attorney will consider a good case, part of that consideration will include a fee split that will be due the former attorney, that some (possibly a lot of work) has already been done by another attorney, perhaps differently than the new attorney would have liked, perhaps limiting what the new attorney feels she or he can do with the case in its current status, and similar concerns with coming into a case mid-stream. I am sorry for your loss and the difficult circumstances. I hope the above guides you in best assessing the situation.... Read More