Michael W. Clancy’s Answers

Michael W. Clancy

Saint Charles Medical Malpractice Attorney.

Contributor Level 10
  1. What if someone have a third party case in work related injury.

    Answered over 4 years ago.

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

    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...

    1 lawyer agreed with this answer

    3 people marked this answer as helpful

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

    Answered over 5 years ago.

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

    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...

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

    Answered over 4 years ago.

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

    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

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

    Answered almost 6 years ago.

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

    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...

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  5. Which family member needs to file a wrongful death lawsuit?

    Answered over 5 years ago.

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

    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....

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  6. What is the statute of limitations under IL law for medial malpractice claims, personal injury tort law in IL

    Answered about 6 years ago.

    1. Michael W. Clancy
    2. Erik Glen Swanson
    2 lawyer answers

    Statute of limitations issues in medical malpractice cases can be tricky. In general for adults, the statute of limitations is two years from the date of the negligence. There are times, however, when the patient doesn't know that negligence has occurred until later. This is sometimes the case in cases where a misdiagnosis is alleged, because the patient didn't realize that either the diagnosis or the treatment wasn't right until later. For these cases, Illinois uses a so-called "discovery...

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

    Answered almost 4 years ago.

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

    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

  8. Is it common to repay car insurance medical expenise out of my settlement when i was the victum?

    Answered about 5 years ago.

    1. Stephen Laurence Hoffman
    2. Salim John Sheikh
    3. Michael W. Clancy
    4. Donald Solomon Nathan
    5. Lars A. Lundeen
    5 lawyer answers

    Repaying the companies who paid for medical care which was caused by someone else's negligence is typical. In some cases it is possible to negotiate a repayment which is smaller than the amount that the company actually paid, but this depends entirely on the circumstances of the individual case.

    1 lawyer agreed with this answer

  9. I'm being sued for property damage even though the other party was at fault for an auto accident. What are my options?

    Answered over 5 years ago.

    1. Michael W. Clancy
    1 lawyer answer

    Your situation is a difficult one. If the other driver has actually filed a lawsuit against you, you need to at least consult with an attorney. The cost for this consultation should either be very small or nothing at all. Once a lawyer has examined your paperwork and talked with you about the fact, he/she should be able to lay out your options and risks. Do this soon: there are time limits which will run without you knowing and it could put you in a bad place. Michael Clancy Clancy...

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

    Answered over 5 years ago.

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

    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