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Eric J. Parker's Answers
- 44 Legal Answers
- 1 Legal Guide
7
Attorney answers:
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Work Injury
At the risk of stating the obvious, you need an attorney. It is not unusual for a company to fail to document your injury. They are often more interested in avoiding liability than in documenting the injury. In any event - the circumstances you describe may make it more difficult to prove your case, but you should not lose your rights. If you were hurt at work, you are entitled to certain things. If they are fighting you already, you are going to need help. Please feel free to call...
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4
Attorney answers:
If you are named the sole beneficiary of someones pension fund is it yours and only yours?
I think that any attorney would need to see the details of what type of plan it was to give you a definitive answer. Generally speaking, however, life insurance policies, beneficiary accounts and similar plans are considered non-probate assets - meaning that they pass to the beneficiary directly and do not become part of the probate estate. If you are the named beneficiary, you can probably ask the pension fund to provide you with the details about what kind of plan / benefit is involved.
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3
Attorney answers:
Can a beneficiary also be the executor of the will?
Yes.
6 lawyers agreed with this answer
3
Attorney answers:
I want to ask probate for my spouse's award due to death of husband. in illinois they give to spouse about $20,000. how difficu
I agree with the other attorney who posted. The only thing I would add is that if there was money held in trust - that money should be available immediately (depending upon the terms of the trust) to the beneficiaries, because it is a non-probate asset. Also, keep in mind that even with a trust, it is possible that there are some funds that are not in the trust that are probate assets.
5 lawyers agreed with this answer
4
Attorney answers:
Do I need attorney?
Yes. I agree with everything the first attorney who posted said. The "independent" doctors that the employer (or employer's insurance company) requires you to see will be anything but independent. They typically are well paid for doing many examinations on behalf of the same insurance company. Not surprisingly, they often say that you are able to return to work, even when your own doctors say that you can't. In any event - you have a serious injury and you are going to need someone...
4 lawyers agreed with this answer
5
Attorney answers:
Lien against insurance settlement
Not sure I fully understand your question. The general rule is that when you go for medical treatment, you are responsible for the bill. In order to protect their bill for services, they may submit a lien against any personal injury settlement you receive. If the insurance company receives that lien, they will include the medical provider's name on the check. If they don't they generally do not put them on the check. In your question it is unclear which insurance company is paying you....
4 lawyers agreed with this answer
3
Attorney answers:
Injury Compensation?
Possibly. The biggest concern at this point is that the incident occurred 3 years ago. The statute of limitations for worker's compensation cases in Illinois is 3 years. If the time has not passed already, you should get a lawyer involved asap. Second, it depends what you have received already. My guess is that they paid you for your time off work, but nothing for the permanent injury to your arm. If true, you should be entitled to something for that. I would strongly suggest...
3 lawyers agreed with this answer
4
Attorney answers:
Attorney selection advice desired for personal injury and landlord-tenant suit
I'll give you five guidelines to find a good personal injury lawyer: 1. Take everything you read (including web sites) with a grain of salt. 2. Don't trust anyone who promises victory or a huge verdict / settlement. 3. Ask potential lawyers about experience and results. 4. You should not need to pay more than a 1/3 contingency fee + costs. (and beware of people who charge less too) 5. Interview at least a few lawyers and only hire one that you trust. Best of luck....
2 lawyers agreed with this answer
3
Attorney answers:
MOM DIED QUICKLY AND WE KNEW SHE WAS SICK FOR QUITE SOME TIME. IN A NURSING HOME, DOCTOR BILLED VISITS, NOT UNDER HIS CARE.
I too am sorry for your loss. My firm has handled lots of these cases and your complaints are typical. I would recommend that you contact an attorney experienced in Nursing Home Neglect (not just any personal injury lawyer) to review the case. In general, the treating physician in a nursing home setting must physically see the patient at least one time a month. That is not their only requirement, however. If the patient needs to be seen more often, that must happen. Also, they...
2 lawyers agreed with this answer
3
Attorney answers:
Can I find my deceased fathers Prenup if I am in his will to receive everything?
In Illinois, you are required to file the will with the court within 30 days after his death. Thereafter, you file a petition to admit the will to probate. You will need to track down the prenup if there is one. Having the probate estate open may help because your lawyer can issue a subpoena to get it. The other attorney who posted also suggests some possible ways you might track it down. I do think you will need a lawyer for the process. Best of luck.
2 lawyers agreed with this answer