Michael W. Clancy's Answers

Michael W. Clancy
Saint Charles Medical Malpractice Attorney.
Contributor Level 10

4

Attorney answers:

  1. Donald Solomon Nathan
  2. Michael W. Clancy
  3. Edgardo Rafael Baez
  4. Elizabeth Taylor Herd

Can I press charges against someone who hit my car and ran, even if it wasn't the owner of the car?

Asked by a user in Chicago, IL - about 3 years ago.

The short answer to your question is yes. I suggest that you speak with a lawyer so that he or she can explain both your options and the process to you. I also suggest that you get a copy of the police report. The report should have the identity of both the owner of the car and the driver and the insurance information for at least the owner. The report typically costs $5. You have two years from the date of the accident to file suit unless the vehicle was owned by certain governmental...

1 lawyer agreed with this answer

3 people marked this answer as helpful

4

Attorney answers:

  1. Michael W. Clancy
  2. Stephen Laurence Hoffman
  3. Donald Solomon Nathan
  4. Donald Curtis Kudler

I had a question about my treatment after a car accident.

Asked by a user in Chicago, IL - about 2 years ago.

The short answer is usually not. Long gaps in treatment are typically more damaging to claims than changing your primary care doc one time. If you have a lawyer for your claim, you should certainly talk to him/her to get input because they will know more about your case and your treatment. Michael W. Clancy Clancy Law Offices www.clancylaw.com

Selected as best answer

6

Attorney answers:

  1. Michael W. Clancy
  2. Donald Solomon Nathan
  3. Michael J. Helfand
  4. Stephen Laurence Hoffman
  5. Mark S Guralnick
  6. ···

What if someone have a third party case in work related injury.

Asked by a user in Chicago, IL - about 2 years ago.

The reason that you're getting answers that seem a little contradictory is because it's hard to tell from the facts you've given us whether you friend has just a worker's compensation case or a comp case and direct action against a third party. The time frames for a comp case and a third party case are different, as are the amounts that your friend can expect to receive if he wins. The best thing for your friend to do is to speak with an experienced personal injury attorney right away. This...

3 people marked this answer as helpful

3

Attorney answers:

  1. Michael W. Clancy
  2. Alan James Brinkmeier
  3. Bruce H Murray

Which family member needs to file a wrongful death lawsuit?

Asked by a user in Silvis, IL - about 3 years ago.

As I'm guessing you've gathered from the others, what happens is that someone has to be chosen by the court to be the representative. Being the representative in a wrongful death suit like this really just means that you sign certain documents which are necessary to move the case along. Settlements in wrongful death cases require court approval in Illinois, so no matter what the representative thinks any resolution of the case or distribution of the proceeds needs to be approved by a judge....

1 lawyer agreed with this answer

1 person marked this answer as helpful

4

Attorney answers:

  1. Stephen Laurence Hoffman
  2. Michael W. Clancy
  3. Steven Alan Fink
  4. Lars A. Lundeen

Can an arbritator make an award decision that would exceed all liability coverage?

Asked by a user in Belleville, IL - over 1 year ago.

Although yes is the right answer, I'm not sure that this gives you the right impression. While the arbitrator's job is to award you damages which fairly and adequately compensates you for your injuries regardless of the coverage, this doesn't mean that you will actually be able to collect more than the available coverage. The only circumstance under which this might be possible is if you could prove bad faith on the part of the involved insurer, and it is not clear at all that you have the...

2 people marked this answer as helpful

3

Attorney answers:

  1. Michael W. Clancy
  2. Erik Glen Swanson
  3. Salim John Sheikh

How do I prove increased sensitivity to my teeth after using a mouth rinse that has no warnings. Do I need a lawyer?

Asked by a user in Aurora, IL - almost 3 years ago.

I'm afraid it's extraordinarily hard to evaluate whether you have a claim on a board like this. I can tell you that if you're having trouble, you should document it by going to see your dentist and gving him/her a careful history of when and how the sensitivity started and what product you used. It's often true that an internet search can give you an idea about whether other people are experiencing the same problems you are with the product. In the end, though, the only way to know for sure...

1 lawyer agreed with this answer

2

Attorney answers:

  1. Michael W. Clancy
  2. Charles V. Falkenberg III

Broken wrist .

Asked by a user in Chicago, IL - over 3 years ago.

The short answer is that I don't have enough information to to know, but maybe. In cases like this, lawyers typically gather your medical records and imaging studies and then show them to an expert to see whether the expert thinks that what happened was malpractice. Some surgical errors can happen even when a surgeon is being careful, and those are not malpractice. Others simply shouldn't happen, and those are. A lawyer can't know which of those you have until they have all the records and...

2 people marked this answer as helpful

2

Attorney answers:

  1. Michael W. Clancy
  2. Salim John Sheikh

Defective /Dnagerous products

Asked by a user in Des Plaines, IL - over 3 years ago.

First, keep the piece of metal somewhere safe and in the same condition that you found it. Second, save and preserve everything you can think of that is related to the meat, its purchase, and/or its packaging. Third, you shoule speak with a lawyer who handles product liability cases. It goes without saying that pieces of metal shouldn't end up in your ground beef. The lawyer will want to know where you bought the meat, whether you still have the packaging that it came in, whether you have...

1 lawyer agreed with this answer

4

Attorney answers:

  1. Michael W. Clancy
  2. David N. Rechenberg
  3. Jeena R. Belil

What is the statute of limitations for personal injury lawsuits in state of IL, what happens if driver does not have insurance

Asked by a user in Illinois - over 3 years ago.

Although your English is fine, it's a little hard to decipher what's going on with your friend. Assuming the woman who your friend hit was over 18 at the time of the accident, the statute of limitations in Illinois would have expired two years from the date of the accident. This means that the woman would have had to file suit against your friend on or before the two year anniversary of the accident. If she waited longer than 2 years, her lawsuit is subject to being dismissed. What makes...

2 people marked this answer as helpful

2

Attorney answers:

  1. Michael W. Clancy
  2. Salim John Sheikh

Can I sue my dentist in small claims court?

Asked by a user in Aurora, IL - almost 3 years ago.

Yes, you can sue your dentist in small claims court. And yes, the failure to inform a patient about the risks and consequences of treatment can form the basis of a claim. I recommend that you at least speak with an attorney before filing the suit, even if you have to pay him or her for their time. They should be able to give you some pointers which will make it more likely that you'll win and keep you from having to hire expensive experts. I wish you the best of luck. Michael Clancy...

1 person marked this answer as helpful