Illinois Questions & Answers by Practice Area
- Bankruptcy
- Consumer Law
- Contracts
- Copyright
- Criminal Law
- Divorce
- DUI / DWI
- Employment Law
- Estate Planning
- Family Law
- Foreclosure
- Immigration Law
- Personal Injury
- Products Liability
- Real Estate Law
- Tax Law
- Traffic Tickets
- Workers' Compensation
- Admiralty / Maritime
- Adoption
- Agricultural Law
- Animal / Dog Law
- Antitrust
- Appeals / Appellate Law
- Arbitration / Mediation Law
- Banking
- Broker Fraud
- Business Formation
- Business Law
- Car Accidents
- Child Custody
- Child Support
- Civil Litigation
- Civil Rights
- Collections
- Communications Law
- Constitutional Law
- Construction Law
- Domestic Violence
- Education Law
- Elder Law
- Election Law
- Employment Discrimination
- Energy, Oil and Gas
- Entertainment / Sports
- Environmental
- Federal Crimes
- Gaming
- Gov & Administrative Law
- Government Contracts
- Health Care Law
- Identity Theft
- Insurance Bad Faith
- Insurance Defense
- Intellectual Property
- International Law
- Internet Law
- Juvenile Law
- Land Use & Zoning
- Landlord - Tenant
- Legal Malpractice
- Lemon Law
- Libel & Slander
- Medical Malpractice
- Mergers & Acquisitions
- Military Law
- Municipal Law
- Native American Law
- Nursing Home Abuse
- Other
- Patents
- Probate
- Public Benefits
- Securities Law
- Sexual Harassment
- Small Claims
- Social Security
- Trademark
- White Collar Crime
- Wrongful Death
Illinois Questions & Answers
Q: I'm going to estimate tree removals and trimmings for a tree service. I'll be paid 10% of jobs I get (cold calls).
1 Answer
| Asked
in
Contracts, Employment Law and Personal Injury
for
Illinois
on
Answered on Apr 21, 2016
Answered on Apr 21, 2016
Mr. Michael O. Stevens' answer
There is no way to guarantee you will not be sued. Not to mention, if you were negligent, you should be sued. Just make sure to have your own insurance as well.
There is no way to guarantee you will not be sued. Not to mention, if you were negligent, you should be sued. Just make sure to have your own insurance as well.
Q: My Dad worked for the railroad and now has lung cancer. He worked around diesel exhaust. Can he sue the railroad?
1 Answer
| Asked
in
Personal Injury and Workers' Compensation
for
Illinois
on
Answered on Apr 15, 2016
Answered on Apr 15, 2016
Andrew L. Hughes' answer
Yes - if he was exposed to diesel exhaust at work he may very well have a case. Diesel Exhaust is now considered a carcinogen by the World Health Organization. He would need to bring his action under the Federal Employers Liability Act. If he rode on locomotives, the Locomotive Inspection Act and Code of Federal Regulations will come into play as well. These are complicated toxic tort claims however, so make sure that you retain counsel who is very familiar with both FELA law and toxic tort...
Yes - if he was exposed to diesel exhaust at work he may very well have a case. Diesel Exhaust is now considered a carcinogen by the World Health Organization. He would need to bring his action under the Federal Employers Liability Act. If he rode on locomotives, the Locomotive Inspection Act and Code of Federal Regulations will come into play as well. These are complicated toxic tort claims however, so make sure that you retain counsel who is very familiar with both FELA law and toxic tort...
Q: can i file personal injury for a blood test that went horribly wrong
David A. Wolf's answer
There may be a case or claim for malpractice. If the tech or medical provider fell below the standard of care, there may be a claim or case to pursue. It will also depend on the extent of damages related to the malpractice. If the damages or injuries are temporary in nature and will heal over time, this may be a deterrent to attorneys considering the case. Most medical malpractice attorneys provide for a free consultation on these matters. Good luck.
There may be a case or claim for malpractice. If the tech or medical provider fell below the standard of care, there may be a claim or case to pursue. It will also depend on the extent of damages related to the malpractice. If the damages or injuries are temporary in nature and will heal over time, this may be a deterrent to attorneys considering the case. Most medical malpractice attorneys provide for a free consultation on these matters. Good luck.
Q: expired product from mcdonalds
Terrence H Thorgaard's answer
The mere fact that the pies were expired does not mean that they had gone bad and thus were the cause of your distress. You would probably need to pay experts to testify on this issue. I suggest that you contact the manager and ask for something in compensation.
The mere fact that the pies were expired does not mean that they had gone bad and thus were the cause of your distress. You would probably need to pay experts to testify on this issue. I suggest that you contact the manager and ask for something in compensation.
Q: Can employer make injured person wait one whole year for back surgery?
1 Answer
| Asked
in
Personal Injury, Employment Law and Workers' Compensation
for
Illinois
on
Answered on Mar 31, 2016
Answered on Mar 31, 2016
David A. Wolf's answer
Worker's compensation is a specialized field. Most worker's compensation attorneys will provide you with a free consultation to discuss your rights and remedies. Worker's compensation has its own rules, regulations, and procedures that are quite different than the typical personal injury / automobile accident case. Discuss these issues with a qualified and experienced worker's compensation attorney. Good luck.
Worker's compensation is a specialized field. Most worker's compensation attorneys will provide you with a free consultation to discuss your rights and remedies. Worker's compensation has its own rules, regulations, and procedures that are quite different than the typical personal injury / automobile accident case. Discuss these issues with a qualified and experienced worker's compensation attorney. Good luck.
Q: What legal wavers are needed to keep sources legally protected, as well as ourselves financially protected?
1 Answer
| Asked
in
Contracts, Intellectual Property and Personal Injury
for
Illinois
on
Answered on Mar 31, 2016
Answered on Mar 31, 2016
Mr. Michael O. Stevens' answer
What you should do is sit down with a local attorney who handles media law and has experience with publishing. That way they can cover all of your basis. An ounce of prevention saves a pound of flesh (or something like that).
What you should do is sit down with a local attorney who handles media law and has experience with publishing. That way they can cover all of your basis. An ounce of prevention saves a pound of flesh (or something like that).
Q: I have a disability discrimination charge at the eeoc,my company was found in violation under title 8 and retaliation.
Marshall Jason Ray's answer
You would be well served to consult with a lawyer. I believe you should have done so early on. A good attorney with experience in employment discrimination matters will greatly improve your chances of success. An attorney should disclose up front what the fee will be. If the lawyer takes the case on a contingency basis, then the lawyer will receive some percentage of any award or settlement. It will not be most of the settlement. A standard contingency is around one third, and that one...
You would be well served to consult with a lawyer. I believe you should have done so early on. A good attorney with experience in employment discrimination matters will greatly improve your chances of success. An attorney should disclose up front what the fee will be. If the lawyer takes the case on a contingency basis, then the lawyer will receive some percentage of any award or settlement. It will not be most of the settlement. A standard contingency is around one third, and that one...
Q: I'm planning to come to the USA would like to know what to expect when crossing the US borders. Wouldnt I be deported?
Shan Dimitris Potts' answer
You may be denied entry, you should consult with an immigration attorney before trying to enter. Many immigration attorneys including me offer free consultations, make use of the consultations.
All the best.
-Shan Potts
Like our facebook page for regular immigration and visa updates - www.facebook.com/pottsmartinez
15 years of successful immigration law experience. The answer above is only general in nature cannot be construed as legal advice, given that not...
You may be denied entry, you should consult with an immigration attorney before trying to enter. Many immigration attorneys including me offer free consultations, make use of the consultations.
All the best.
-Shan Potts
Like our facebook page for regular immigration and visa updates - www.facebook.com/pottsmartinez
15 years of successful immigration law experience. The answer above is only general in nature cannot be construed as legal advice, given that not...
Q: My brother is being evaluated for dementia and lives in Kansas City, Missouri. Can I be forced to be legal guardian?
Robert D. Kreisman's answer
No. Assuming your brother has no power of attorney in place before he became afflicted with dementia, the probate court in Missouri would likely appoint a public guardian if there are no family members or someone close to your brother nearby, but the court cannot force anyone in this setting to accept the role of guardian of the estate and person of a disabled person or one alleged to be disabled.
No. Assuming your brother has no power of attorney in place before he became afflicted with dementia, the probate court in Missouri would likely appoint a public guardian if there are no family members or someone close to your brother nearby, but the court cannot force anyone in this setting to accept the role of guardian of the estate and person of a disabled person or one alleged to be disabled.
Q: Grandmother has dementia, is incompetent and has no power of attorney. What are my families options?
Robert D. Kreisman's answer
Because of your grandmother's condition, she is unable legally to sign a power of attorney to any avail. The family would need to petition the probate court for the appointment of a guardian of the person and estate. Those persons, it could be one, would then have the power to conduct the financial affairs and health care matters related to the ward, your grandmother. This assumes that she would be found to be a disabled person by the court. The report of your grandmother's physician would...
Because of your grandmother's condition, she is unable legally to sign a power of attorney to any avail. The family would need to petition the probate court for the appointment of a guardian of the person and estate. Those persons, it could be one, would then have the power to conduct the financial affairs and health care matters related to the ward, your grandmother. This assumes that she would be found to be a disabled person by the court. The report of your grandmother's physician would...
Q: Is it possible to get upgrade file which I put on Green Card after become a Citizen?
Shan Dimitris Potts' answer
You may update your status with USCIS but now that he is over 21 and married it is going to take a while especially since he is from india. Consider consult with an immigration attorney in private to discuss this further. Many immigration attorneys including me offer free consultations, make use of the consultations.
All the best.
-Shan Potts
Like our facebook page for regular immigration and visa updates - www.facebook.com/pottsmartinez
15 years of...
You may update your status with USCIS but now that he is over 21 and married it is going to take a while especially since he is from india. Consider consult with an immigration attorney in private to discuss this further. Many immigration attorneys including me offer free consultations, make use of the consultations.
All the best.
-Shan Potts
Like our facebook page for regular immigration and visa updates - www.facebook.com/pottsmartinez
15 years of...
Q: I have discrimination case against federal agency and I have been asked to offer a settlement from EEOC. How much compes
Mr. Michael O. Stevens' answer
Your damages should be based on your economic damages. As in, if you were given a promotion, how much more would you have earned; if your bonus was lower, how much more would it have been worth; how much were the medical bills.
Your damages should be based on your economic damages. As in, if you were given a promotion, how much more would you have earned; if your bonus was lower, how much more would it have been worth; how much were the medical bills.
Q: My dog bite a lady I'm not sure when or the time I received a letter from animal control. What can I do ?
Mr. Michael O. Stevens' answer
First, contact your homeowners or renters insurance and open a claim so they can take care of defending you if you get sued by the lady. Otherwise, following the instructions on the letter from animal control or hire an attorney.
First, contact your homeowners or renters insurance and open a claim so they can take care of defending you if you get sued by the lady. Otherwise, following the instructions on the letter from animal control or hire an attorney.
Q: My wife just received her green card, but everything came back under her maiden name. Is that normal?
Thomas Murphy's answer
It depends on the documents you provided when you filed and the name listed on those documents. Generally, the card would be issued under the name provided in the relevant documents unless you filed the petition with supplemental legal documents such as a marriage certificate, adoption decree, or court order that effected the name change. Nonetheless, you should be able to file an I-90 to replace her current Green Card with one that has her married name.
It depends on the documents you provided when you filed and the name listed on those documents. Generally, the card would be issued under the name provided in the relevant documents unless you filed the petition with supplemental legal documents such as a marriage certificate, adoption decree, or court order that effected the name change. Nonetheless, you should be able to file an I-90 to replace her current Green Card with one that has her married name.
Q: I filed N400 and already got biometrics notice. My green card expired 2 weeks ago. Can I go for vacation abroad?
Camlinh Nguyen Rogers' answer
There are questions and answers similar to the mentioned situation on our website at http://aba-us.com/other-services/?lang=en. You can take a look for general information. Good luck.
There are questions and answers similar to the mentioned situation on our website at http://aba-us.com/other-services/?lang=en. You can take a look for general information. Good luck.
Q: Car accident victim. Lawyer does not seem to be doing anything.
Adam Studnicki's answer
Your lawyer knows more about your case than anyone here. You should ask for a meeting and talk to him or her to get your questions answered.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly...
Your lawyer knows more about your case than anyone here. You should ask for a meeting and talk to him or her to get your questions answered.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly...
Q: My husband is on student visa he is married but showed himself single so what legally can I do?
Shan Dimitris Potts' answer
Well you need to contact an attorney to file a complaint and also a request for divorce. Contact an attorney through email or phone if you are outside the US. Many immigration attorneys including me offer free consultations, make use of the consultations. All the best.
-Shan Potts
Like our facebook page for regular immigration and visa updates - www.facebook.com/pottsmartinez
15 years of successful immigration law experience. The answer above is only general in nature...
Well you need to contact an attorney to file a complaint and also a request for divorce. Contact an attorney through email or phone if you are outside the US. Many immigration attorneys including me offer free consultations, make use of the consultations. All the best.
-Shan Potts
Like our facebook page for regular immigration and visa updates - www.facebook.com/pottsmartinez
15 years of successful immigration law experience. The answer above is only general in nature...
Q: A worker got hurt on my property and has no insurance. What do I tell my homeowners insurance
Jonathan Rosenfeld's answer
It sounds like you are saying that a person you hired to do work on your home was injured while performing work for you. Any liability you may face will be dependent on your role in the incident itself. For example, if you provided a defective ladder that ultimately gave way and caused the worker to fall and get injured your may have some exposure. However, simply because someone was injured on your property does not mean that you have a legal responsibility to automatically pay for his or her...
It sounds like you are saying that a person you hired to do work on your home was injured while performing work for you. Any liability you may face will be dependent on your role in the incident itself. For example, if you provided a defective ladder that ultimately gave way and caused the worker to fall and get injured your may have some exposure. However, simply because someone was injured on your property does not mean that you have a legal responsibility to automatically pay for his or her...
Q: WHAT IS THE 'PPD" FOR A TORN ROTOR CUFF INJURY
Jonathan Rosenfeld's answer
You are likely referring to the permanency awards for Illinois work comp cases. The Illinois Workers' Compensation Commission has a schedule for each part of the body (see http://www.iwcc.il.gov/ppdschedule.pdf). Depending on when your injury occurred and the severity of the injury, you may recovery up to 253 weeks of permanency. Your treating doctor can help determine the severity of your injury and any restrictions that should be in place due to the nature of the injury. In a situation where...
You are likely referring to the permanency awards for Illinois work comp cases. The Illinois Workers' Compensation Commission has a schedule for each part of the body (see http://www.iwcc.il.gov/ppdschedule.pdf). Depending on when your injury occurred and the severity of the injury, you may recovery up to 253 weeks of permanency. Your treating doctor can help determine the severity of your injury and any restrictions that should be in place due to the nature of the injury. In a situation where...
Q: Can a law firm represent a client if i work for that law firm and i am suing that client
Adam Studnicki's answer
Potentially a conflict of interest.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage you to consult with a local lawyer to get legal advice and help with your specific situation...
Potentially a conflict of interest.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage you to consult with a local lawyer to get legal advice and help with your specific situation...
Advertisement
Justia Legal Answers is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Legal Answers is not secure and is done so on a non-confidential basis only.
Advertisement
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 Legal Answers 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.
Advertisement
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.