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Michael W. Clancy

Michael Clancy’s Answers

64 total


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

    The car was sold to a neighbor's friend and we kept the plates city sticker and everything off the car. The title was signed over and a receipt was given as bill of sale but we did not keep a copy of the title or the receipt, just the plates and ...

    Michael’s Answer

    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 if you know one, but I would contact your insurer no matter what. I know you already know this, but next time you need to make sure to save a copy of the title and the receipt.

    Good luck.

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  • What if hospital bills from a car accident exceed the policy limits.

    Recently a family member was in a car accident where it was a friend of hers fault. It was a one car accident. Her bills have reached $150k as of now and the insurance company says the limit is $100k on the policy. Is there anything that she c...

    Michael’s Answer

    Although your question is fairly simple, the answer isn't. You need to go see a lawyer. First, the "limit" that the insurer is probably referring to is the bodily injury limits. An insurer generally can't be forced to pay more than the limits of the policy. It may be, however, that there is other coverage in the same policy, like medical payments coverage, which can be accessed to cover more of the bills. While you can sue the friend, the issue is whether the friend has the money to pay a judgment. Most people don't, and judgments like this simply impossible to collect. What can be done is negotiating with the medical bill providers to persuade them to take less so that all the money doesn't go to the bills and your family member gets to keep some.

    This is just an outline-- please find a good lawyer in your area and give him/her a call right away.

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  • Broken wrist .

    I had surgery on my wrist a little over a month ago. They put 7 screws in it. The doctor put 1 screw to far into my joint (2mm) and now has to take it out. Surgery is needed for this procedure. He said it was rare that this happened and apologized...

    Michael’s Answer

    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 have spoken with an expert. Some lawyers might tell you to get the second surgery and then come see them. This is because whether the second surgery works to fix the problem will have an impact on your damages, and ultimately on the value of your case. In any event, it is important that you consult with a lawyer right away and find out what he or she thinks. I would caution you against trying to ask whoever it is that is going to do your second surgery whether what happened the first time was negligence-- let the lawyer find the expert. Things will go better if you seem like all you are interested in is getting better.

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  • Auto accident

    I was driving my company car on a saturday and i was in an accident which was my fault. we are allowed to drive the company car for personal use. I was asked by my fleet vehicle manager if it was for personal or business use. I am afraid to answer...

    Michael’s Answer

    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 might take a dim view of the crash and take some adverse job action. I hope things turn out well. Good luck.

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  • Cerebral palsy from birth

    My son was born with CP, and we did attempt to sue, but 2 different lawyers, after the deposition, said we wouldn't win. My son is now 26, and I am still very frustrated, as the fetal stress monitor strip was lost, he was delivered by emergency c...

    Michael’s Answer

    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. If your son is mentally disabled, that may also play a role. The only way to get an answer that you can rely on to this question is for you to consult another lawyer, who will ask the right questions to gather all of the information necessary. I also don't know whether another lawyer will take your son's case, assuming that it can still be pursued. The fact that two lawyers have looked at the case and turned it down certainly suggests that the case is challenging. One of the most frustrating things for client is coming to grips with the fact that sometimes a client will get bad medical care but there is simply not enough proof to convince a lawyer to risk the hundreds of thousands of dollars in expenses and hundreds of hours of work which will be necessary to move the case forward. I don't know, of course, whether your case is one of those-- I simply know that this happens sometimes and it is intensely frustrating for both the lawyer and the client. The only way for you to know for sure is to go see another lawyer, someone who specializes in birth injury cases. Given the seriousness of your son's injury and the level of your frustration, I think it's worth another try. Best of luck.

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

    I have State Farm Insurance and so does my girlfriend. I borrowed my girlfriend's car and was backing out of a parking space at the mall when I hit another car. My question is- Do I file a claim with her insurance or with mine? Is there a chanc...

    Michael’s Answer

    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.

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  • Malpractice or Wrongful death

    My sister was from IL and was hospitalized in IL. She was transferred to Evanville Indiana as a "direct admit" to ICU. She was supposed to get two medications for her condition. Both werre ordered when she was admitted to ICU. She received the fir...

    Michael’s Answer

    I'm very sorry to learn of your loss. The answer is yes, you need an attorney licensed to practice law in the state of Indiana. Look for someone who specializes in medical malpractice cases in the area where the hospital is located. If you get stuck, you're welcome to contact me and I'll help you find someone. The most important advice that I can give you is to contact someone right away-- the case won't get any better as it gets older.

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  • What is the procedure for amending a complaint for personal injury

    I was in a car accident and obtained a lawyer to handle my case, after the case was closed I received a large medical bill. I am now in court trying to get the lawyers to pay for the unpaid bill. I filed a complaint in small claims court, now I am...

    Michael’s Answer

    Your additional information helps, but not quite enough. Without actually seeing your complaint, it is almost impossible for us to diagnose the problem which makes it equally impossible to prescribe a fix. This said, it may be that you have failed to adequately plead duty. In general, lawyers don't pay medical bills for clients. In personal injury cases, lawyers do negotiate and satisfy liens for clients, and they also will assist a client in paying off medical bills which are related to the accident if they are asked. If you and your lawyer had an understanding that he or she was going to negotiate and/or pay your related medical expenses out of your recovery, your complaint needs to include the fact that the two of you reached this agreement, the fact that a bill was sent to the lawyer before the case settled, the fact that the lawyer didn't negotiate or pay the bill out of the recovery as promised, and the fact that you were damaged by having to pay the bill out of your pocket instead of the recovery. Let me be clear-- I don't know if this will fix the problem because I don't know enough about the entire situation. There are other potential legal problems with your claims which are outside the scope of your question. I know this is what you were trying to avoid, but the best advice that any of us can give to you if you want to make sure that the complaint sticks is to talk to a lawyer about it right away.

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  • IL medical malpractice law

    My son was born with rare genetic disease last month. During the pregrancy, my wife followed all the necessary test. Now we went back to the meidcal records and found out that the ultrosonic pictures clearly showed his deformed facial structu...

    Michael’s Answer

    Mr. LaSorsa is right- a medical malpractice lawyer would need much more information in order to answer your question. In general, a successful medical malpractice case requires the proof of two distinct things--1) that the health care provider made a significant medical mistake and 2) that the outcome would likely have been different if the mistake hadn't been made. It sounds like one of the issues in your son's case would be whether something could have been done to make the effects of the genetic disease less significant if your wife's doctor had recognized the problem sooner. The only way to find out the answer to this is for you and your wife to consult with a qualified medical malpractice lawyer right away. Statute of limitations issues for cases involving infants in Illinois are difficult and I would need to know more to give you an opinion on when the statute of limitations will run. Nevertheless, I can tell you that if you are interested in going forward with this, you need to talk to a med mal lawyer quickly.

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  • A car accident gone bad to worst.

    I am looking for a lawyer that is a fighter. I was just involved in a car accident. So help me God my light was green, and the other car ran a red light. My wife was in the car and my sister and daughter. My wife also saw a green light. There was...

    Michael’s Answer

    Do you have automobile insurance? If so, call them immediately and tell tehm what happened. Your policy requires that they appoint a lawyer to defend you and they will want to do all they can to make sure that the police get this right. The advantage of this is that you don't have to pay for the lawyer- your insurance company does. If you don't have auto insurance, you"ll need to speak with a lawyer right away although you"ll probably have to pay by the hour. Speed is essential-depending on where the accident occurred there may be intersection cameras which will show what really happened but you'll have to get to them before they are erased. Good luck.

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