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Michael W. Clancy

Michael Clancy’s Answers

64 total

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

    I used a pre-brushing product and after 6 uses, I now have extreme sensititvity to the left side of my mouth. I'm now sensitive to cold items, most liquids, and sweet items that was not present before using product. There are no warning labels o...

    Michael’s Answer

    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 if you have a claim to go see a lawyer who specializes in products liabiltiy law. Don't wait-- waiting too long can harm your claim or cause it to be barred altogether.

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  • Am I liable for an accident that my daughter was involved in, even though the car belongs to me?

    My daughter backed out of my drive way and hit my nieces car, which was illegally parked at the end of the driveway. My car wasn't insured at the time. My niece filed a claim, no accident report was involved. The damage is $3500. A collection comp...

    Michael’s Answer

    As a general matter in Illinois, you are only liable if you do something wrong or if there is an employment or agency relationship. If your daughter didn't have a valid driver's license and you let her use your car, you might be liable. Similarly, if there was some reason you knew that your daughter might not be able to drive safely (like she had a cast on her right foot or she had been drinking) you might be liable. You might also be liable if your daughter was running a errand for you at the time that she hit your niece's car. Because the answer to the question that you have is so fact specific, I'm afriad that you're going to have to speak to an attorney in order to get a clear answer (because he or she will have the chance to ask you questions to make sure that he or she understands the facts). I will say that it sounds like there is a reasonable chance that you are not liable, so it might be worth it to speak to someone.

    Good luck.

    Michael Clancy
    Clancy Law Offices
    www.clancylaw.com

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  • My baby was born with a fractured collar bone and it is expected to fully recover, I was wondering if i would still have a case

    during labor my daughters collar bone was fractured. my mom and the doctor both heard it snap. it is expected to fully recover. she also has swelling on the top of her head which is also common. what should or can i do?

    Michael’s Answer

    I'm sorry to hear that your daughter was injured when she was born, but glad to hear that it looks like things are going to be ok. I think that the best advice is to wait for a while to make sure that your daughter actually recovers fully, and then talk to an experienced medical malpractice lawyer. In general, medical malpractice cases are expensive to handle and it might turn out that your daughter's case doesn't have enough value to support the expenses which will be necessary to drive the case forward. There isn't any way to make a reasonable assessment of your daughter's case until you know what the medical outcome will be and without an actual meeting so that the lawyer can be sure that he or she is getting all the information. These intial meetings are usually free.

    I wish you the best of luck

    Michael Clancy
    www.clancylaw.com

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

    A young lady hit my car and when I went to get paper for her information, she jumped in the car and drove off. I filed a police report. The owner of the car contacted me and wanted to pay for the damages without contacted their insurance company. ...

    Michael’s Answer

    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 entities (like the CTA), in which case other, shorter time frames apply. Finally, my experience tells me that when something seems fishy, it usually is. Follow your instinct on this, talk to a lawyer, and make sure you protect yourself. Good luck

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  • Should I get a Lawyer for this Auto Accident or work with the insurance company to get compensated?

    I was in a two car accident in which I was the front passenger. The second vehicle was abandened on the side of the road. We struck the vehicle at 70 MPH, the driver (my friend) was given three tickets, including a DUI. I wasnt given prop...

    Michael’s Answer

    I'm sorry to learn of your injury. There isn't quite enough information in your question to allow someone to know whether hiring a lawyer will end up being the right thing for you. What I can say is that your injuries are fairly serious and every good personal injury lawyer I know will consult with you about your potential case for free. You don't have anything to lose by talking to an experienced lawyer, who will be able to ask you enough questions so that the two of you can decide how best to proceed.

    Michael Clancy
    www.clancylaw.com

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  • How much in damages am I required to pay?

    I was involved in an 4 car accident, I went to court but no one showed up but me and the case was dimissed. What percent of the damages am I required to pay?

    Michael’s Answer

    It is a little difficult to answer your question because it is hard to know exactly what happened. When something happens in court, there should be a written order. You should have been given a copy of the order before you left court, but if you weren't it is a public record and you can go to the clerk's office and take a look at it. If you are required to pay any money at all, the order will say so. If you were really the only one who showed up and the case was really dismissed, you shouldn't have to pay anything, but the only way to confirm this for sure would be to look at the order.

    Good luck.

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  • Which family member needs to file a wrongful death lawsuit?

    My brother was killed by a drunk driver last month. As a family, we would like to file some kind of wrongful death lawsuit, but aren't sure how to go about it. He was not married, had no will, and has 4 minor children. His ex wife wants to file th...

    Michael’s Answer

    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. The important thing is for the family to find an experienced, competent lawyer to handle the case. Once you find that person, he or she will get the family together, explain the process, and show everyone how they'll be involved and informed.

    I'm sorry for your loss. Pick a really good lawyer and the rest will work itself out. Best of luck.

    Michael Clancy
    www.clancylaw.com

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  • Are there grounds for a medical malpractice suit?

    My 83 yr old mother was offered an outpatient surgery by a cardiologist to gain better use of her left arm. She had a blockage in the subclavian arterty, causing occasional dropping of objects. Advised there are risks in any surgery, no 100% gua...

    Michael’s Answer

    I'm sorry to hear about your mother's bad outcome. You need to speak with a medical malpractice lawyer right away. He or she will gather the necessary medical records and consult with an expert to decide if your mother has a case. While the statute of limitations for things like this is generally two years in Illinois, there is nothing to be gained by waiting. Speaking with a qualified lawyer won't cost you anything (although you may be asked to reimburse the lawyer for some of the out of pocket expenses), and it will allow you to know whether your Mom has a claim worth pursuing. Good luck

    Michael Clancy
    www.clancylaw.com

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  • What do you do when a doctor is prescribing a medication in your name but then taking it himself-self-prescribing?

    There is an MD in my family who has been taking Paxil for several months. Recently I found out from the local pharmacist that the MD had written several RX over the last few months for Paxil under my name. After reporting this to the AMA nothing ...

    Michael’s Answer

    In Illinois, the licensing of physicians is controlled by the Illinois Department of FInancial and Professional regualation. They have a website (www.idfpr.com). In the middle of the first page there is a box under the heading "Quick reference". Use the drop down menu unders Division of Professional Regulation and you'll find "File a Complaint" This agency should be acutely interested in your problem and will likely work to fix the problem right away.

    Good luck.

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  • Fight it or no recently got in an accident where I hit someone. It was due to black ice and the driver behind me being impatient

    I was trying to get into the center lane on the interstate, because traffic was very slow. I had my blinker on and the car behind me decided he was going to speed around me. I was doing approximately 25 mph. I was more than 2 car links from the c...

    Michael’s Answer

    Did you have insurance? If so, all you need to do is turn the claim in to your insurer and they'll take care of claim evaluation and, if necessary, hiring a lawyer to defend you if the other person makes a claim. If you didn't have insurance, I'd need more information. What kind of claim is the other person making-- property damage, personal injury, or both? How badly is s/he hurt or how much will it cost to repair the car. Knowing what your exposure might be is the first step to making an informed decision about how to handle any claim. I think you need to speak with a lawyer so that someone can find out all of the relevant information and give you sensible advice.

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