Michael W. Clancy’s Answers

Michael W. Clancy

Saint Charles Medical Malpractice Attorney.

Contributor Level 10
  1. Do I have a case at all?

    Answered over 5 years ago.

    1. Michael W. Clancy
    2. Michael J. Helfand
    3. Lars A. Lundeen
    3 lawyer answers

    It sounds like you have had a difficult time and I am sorry for that. The previous answer is right-- you need to speak with a lawyer right away. It is impossible to answer your question based on the information you have provided-- someone needs to conduct a detailed interview with you and take a look at the relevant medical records in order to decide if you have a case and, if so, if that case can be filed within the statute of limitations. Please don't delay-- waiting could result in you...

  2. I was in an accident 2 years ago my attorney called me with an offer we accepted it.( have not got paid yet) Now my attorney is

    Answered over 5 years ago.

    1. Michael W. Clancy
    2. Stephen Laurence Hoffman
    2 lawyer answers

    It's difficult to know what is going on here. I think it would be a good idea to call the office and make an appointment to go in, sit down, and have the lawyer explain to you what happened. If you would like, you can take a friend or spouse as a witness. If you get a check in the mail and it's not for the amount which you think you are owed, don't cash or deposit it until you are satisfied with your lawyer's explanation or have spoken to another lawyer. You can always fire your lawyer, but...

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

    Answered almost 6 years ago.

    1. Michael W. Clancy
    2. Dennis Michael Phillips
    3. Lars A. Lundeen
    3 lawyer answers

    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...

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

    Answered almost 6 years ago.

    1. Alan James Brinkmeier
    2. Thomas G. Gardiner
    3. Robert James Domol
    4. Erik Glen Swanson
    5. Michael W. Clancy
    6. ···
    7 lawyer answers

    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...

  5. How much in damages am I required to pay?

    Answered about 6 years ago.

    1. Michael W. Clancy
    2. Alan James Brinkmeier
    3. Donald Solomon Nathan
    4. Ronald Anthony Sarno
    4 lawyer answers

    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...

  6. 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

    Answered about 6 years ago.

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

    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...

  7. Is my son liable for an accident that occured Nov. 2008, when he sold his car in June 2007?

    Answered about 6 years ago.

    1. Michael W. Clancy
    2. Donald Solomon Nathan
    2 lawyer answers

    The short answer is probably not. Although I understand why you may not want to, I think it's best if you actually contact your auto insurer and tell them what's going on. Your policy requires that you keep them informed if someone has a claim against you , and that applies to to claims without merit too. Telling them makes it more likely that if someone decides to sue your son in the future that the insurer will hire a lawyer to defend him. It wouldn't hurt for you to speak with a lawyer...

  8. Auto accident

    Answered over 6 years ago.

    1. Donald Solomon Nathan
    2. Michael W. Clancy
    2 lawyer answers

    I agree with Mr. Nathan that it is really unlikely that you'll be held personally responsible for any injury caused in the accident as long as you had permission to use the vehicle and there wasn't something unusual in the fact pattern (like alcohol use or really reckless driving). What neither of us can tell you is whether the accident will have some impact on your employment. Said a little differently, even though you won't likely be liable to the person injured in the crash, your employer...

  9. Cerebral palsy from birth

    Answered over 6 years ago.

    1. Michael W. Clancy
    2. Patricia Lee Mcclintock Gifford
    2 lawyer answers

    It sounds as if you have had more than your share of challenges. Yours is a hard question to answer on a couple of levels. First, I can't tell if your son can still pursue his claims withouth knowing more. I would need to know more about what happened with the case that was filed by your prior lawyers. In general, once a case in Illinois is filed and dismissed, it is either over for good, or (assuming your prior lawyers dismissed it in a particular way) you have only one year to refile....

  10. Whose insurance do I use and is there a chance I'll fall through the cracks?

    Answered over 6 years ago.

    1. Scott Alan Schanks
    2. Michael W. Clancy
    3. Salim John Sheikh
    3 lawyer answers

    What Mr. Schanks posted is right-- you'll be covered by the SF policy as long as you were a permissive user. Still, just to be safe, I'd report it to both her insurance company and yours. There is always a chance that both will refuse coverage, but it doesn't sound too likely given the facts that you describe. Good luck.