Justia Legal Services & Lawyers Directory

Questions Answered by Robert D. Kreisman - Justia Legal Answers

• 20 March 2011Q: What is a declaratory judgment ?
  A: A declaratory judgment action is filed by a party to have the court determine the rights of the parties. It's like a jump ball in a basketball game, but instead of the decision of whose ball it is based on the longer reach of a player, the determination of who gets the ball is made by the judge based on the evidence. 735 ILCS 5/2-701.
• 20 March 2011Q: How do i file a special appearance, and get the court to recognize my form.
  A: Illinois no longer recognizes special and general appearance distinctions. All appearances made for a party do not waive personal jurisdiction.
• 20 March 2011Q: Can I motion for default in illinois if defendant filed appearance but did not file an answer within 10 days as required
  A: You could file a motion to default the defendant for want of answer if not timely filed, but most judges will allow the defendant additional time in which to answer. So your motion may not accomplish much unless the defendant still later fails to file an answer or other pleadings in a timely manner.
• 20 March 2011Q: If I agree on a financial settlement for a defective medical product for an injury. Is it Taxable?
  A: Personal injury recoveries are generally not taxable by the Internal Revenue Code, 26 USC 104(a)(2).
• 2 February 2011Q: What is vehicle product liablity all about
  A: Automotive product liability cases arise out of dangers associated with everything from tire failure to roof stability. Lawsuits over the years have been brought against car manufacturers and component part makers relating to seat failures, airbags, fuel line ruptures, acceleration, rollover due to instability and many others. The theories of these cases are that the manufacturer was negligent in design, the product was inherently dangerous, the manufacturer chose not to warn of the dangers. Most if not all of these lawsuits are brought for the deaths of the occupants or the severe injuries suffered.
• 2 February 2011Q: I'm in bankruptcy but just got into a car accident - if the person sues me, what do I do?
  A: If you have insurance, report the crash to your carrier. Assuming no insurance and in bankruptcy, but no discharge yet, I would seek leave to amend your bankruptcy filing to list the party you were involved with in the car accident as a possible claimant.
• 2 February 2011Q: How long does it take the workers comp industrial commision to make a decision on a case
  A: Once the case is presented to the arbitrator and the proofs are submitted for consideration, the arbitrator's decision should be submitted within 30-60 days. The decision of the arbitrator in the Industrial Commission can be appealed.
• 26 December 2010Q: Can I sue the hospital for my uncle who has dementia; fell in his room; broke leg?
  A: If your uncle is a disabled person under the law and not able to handle his own affairs, a guardian would have to be appointed by a court, on a petition to adjudicate a disable person, over his person to bring a lawsuit. This assumes your uncle made no written direction before he became ill to appoint an agent holding his power of attorney. The guardian appointed could then stand in the shoes of your uncle. In that case the guardian appointed could investigate with a lawyer whether or not a case were warranted with the facts. Consider also that a hospital would potentially be the defendant and therefore, the Illinois medical malpractice statute would most likely be applicable.
• 26 December 2010Q: Age 17 left the scene of a personal injury accident what can i expect in court?
  A: It depends on who was responsible for the personal injury , what the facts are, what the injuries are, who witnessed this incident, whether any of the parties are insured. That a party was 17 and a minor and left the scene is another fact to be considered. Was the minor the cause of the personal injury?