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Stephen Laurence Hoffman
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Stephen Hoffman’s Answers

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  • What should I do?

    I was in a car accident. I was the passenger and my now ex boyfriend was the driver. We were arguing and he purposely ran my car into a building. I suffered bruises to the chest, arm,and toes. I have liability insurance but he doesn't have a licen...

    Stephen’s Answer

    I am assuming this is your vehicle. Assuming so, it was his intentional act that caused your injuries. If this was reported to your insurer, I'd assume they'll deny the claim, as only negligent acts (not intentional acts) are covered. I also assume the ex did not have any insurance, so suing him would be pointless, as you would never recover from someone without any insurance, especially noting he is on probation and has no license (really good chance someone like that has no insurance). So, EVEN IF this was reported as a negligent act, there would be no coverage from him. If your liability coverage has not yet been informed of the incident, you can report it, but you are in a bind. If you are honest and tell them what happened, they will deny it as deliberate. If you lie, you risk a charge of insurance fraud.

    Get your medical issues checked out by a doctor. If they are not too serious, I'd think you are best to let this go. Learn a lesson from this, or several: never ever drive with a car that isn't insured with a driver who is unlicensed and/or uninsured, and make sure you have adequate insurance yourself whenever you own a vehicle. Good luck.

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  • Penalties for court citation

    what are the penalties in court for a "at-fault" drive who jumped red signal in the intersection in IL and caused an accident which resulted in accident with NON-INCAPACITATING - B injuries for both drivers . and if the "at-fault" driver has a cle...

    Stephen’s Answer

    It is a misdemeanor, but depends on the exact charge to determine potential penalties.

    You do realize there are very good reasons why you should get a traffic attorney rather than showing up solo, don't you? In case you have not been informed, let me give you a general idea of why this is a good idea.

    First, I assume you had insurance and that you informed your carrier of this potential claim. If not, do so ASAP. If you did not have insurance, then you may be left paying for what damage (both property and injury) yourself.

    Second, if you plead guilty, this is an ADMISSION of negligence, which means you cannot fight your fault in the incident in any civil action. Do not plead guilty without hiring a lawyer!

    Third, it is almost always a good idea not to handle your own traffic matters. Get a lawyer who does hundreds of these annually to minimize the damage to your pocketbook, driving ability, and insurability.

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  • Am i able to get my money back? what are my rights?

    I had a temporary crown placed recently on a dental implant it was very painful and i did let him know that when i left the office on a friday.... he said he would adjust it on a monday.... but I was in so much pain I had to visit the emergency ro...

    Stephen’s Answer

    What options do you have legally or realistically? Legally, you can find a lawyer and sue claiming dental malpractice, assuming you can find an expert to prove that this work was below the standard of care, which is not likely. Further, whatever damages you win would be dwarfed by huge costs of such a case. Realistically, this means that you probably have no chance of getting all your money back.

    I recently went through a series of crowns (they aren't just painful, but costly too!), and no matter how good the dentist is, they will never get them painfree the first try--it's a process. So your dentist probably had them too big and too tight, but that is not necessarily malpractice. Again, an infection that clears up and a small ER bill is definitely not worth pursuing as a dental malpractice case.

    Sorry for your troubles, but other than a bad review on Yelp of this dentist, there aren't many real options. Obviously, get the crown fit correctly first and then ask for the money back.

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  • 1. What are the legal rights and remedies available to a lawful immigrant that has been harmed ?

    Clear instructions were provided however the instructions were not followed by the attorney resulting in tremendous harm to the beneficiary.. What are the legal rights and remedies that are available

    Stephen’s Answer

    I'm not sure what harm occurred or whether the attorney who allegedly did something wrong actually committed malpractice.

    Your immigration status has no effect on any legal remedies you may have.

    Whether you have a legal malpractice case against your attorney is a question that would best be answered by discussing the facts with an attorney who handles matters in the same area of the law. Once that is determined, you will know whether you can proceed or not.

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  • MY MOTHER DIED IN ST FRANCES PRESENCE HOSPTIAL ON JULY 13 2015 SHE WAS IN THE HOSPITAL FOR AROUND 23 DAYS WE NEED LEGAL ACTION

    SHE WAS WITH OUT FOOD AND DRINK LOT OF THINKGS WAS GONE ON THATH HOSPITAL 23 AND THEN SHE DIED ON JULY 13 2015 HER ESPCECIALLY PRIMAMRY DOCTORS AND HOUSE STAFF SAID THIS IS END OF HER LIFE SHE NEED TO DIE WE NEED FEDERAL AND STATE LEVEL LEGAL ACTI...

    Stephen’s Answer

    First of all, so sorry to hear of your mother's passing.

    Here is what you will need to do to determine whether your family has any cause of action on behalf of your mother against the hospital or staff: contact a medical malpractice lawyer immediately.

    Why?
    Because a lawyer will be able to review the specific facts of her hospitalization and obtain her medical records and have them reviewed by an expert (which is required before a lawsuit can be filed).

    Only if there is a showing that the staff did something outside the standard of care would there be any action for negligence/malpractice. At this point, it's unclear whether there was anything done or not done that was improper.

    All of us work on a straight contingency fee basis (you only pay if you win) of 1/3 and there is never a fee for a consultation. Call one of the Illinois Chicago area medical malpractice lawyers as soon as possible.

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  • Can i contra suit?

    Sep 29th 2015, I was arrested for helping my Daughter's boyfriend selling Manchester Flags outside the Soldier Field, Chicago, the people that arrested me were not wearing uniform and no badgers showing, except for a fem, when i asked them to ide...

    Stephen’s Answer

    Attorney Goldstein's answer is dead on. You need a criminal lawyer. There are no counter suits in criminal court.

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  • Can I sue my doctor for slande?

    I was seeing a doctor from the same office my sister goes to that doctor quit so I had to see the same one my sister does I went to him the first time I told him I wanted off a arthritis med the previous doctor had me on but wanted refils for my l...

    Stephen’s Answer

    No, you cannot sue your doctor for slander.

    He's doing a normal check of drug abuse prior to prescribing addictive medication.

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  • What is an appropriate compensation to ask for when having sustained a small injury from a product (Maidenform bra)?

    I purchased a Maidenform bra from the retailer Kohl's a number of months ago. The bra is backless and comes with adhesive tape to be applied onto the bra's wings which is supposed to be good for a number of wears before needing to repurchase. I us...

    Stephen’s Answer

    You had irritation and a small bruise and no medical treatment, so your damages are in the hundreds for pain and suffering I'd suspect.

    Get a few free bras and a few hundred bucks and you're probably doing just fine. Maybe ask for $500 or $1K and see what they say.

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  • In a Production Request To A Pro Se Party, Would asking a For Them To Make An Affidavit Be Out Of Line?

    I am a Pro Se Plaintiff in federal court. I am suing a Pro Se Defendant for a large amount of money. I have sent my requests for production to the defendant. One of my requests is asking for the defendant to produce an affidavit stating that t...

    Stephen’s Answer

    If the Federal Rules don't require an affidavit, then you don't have the right to ask for one, especially as the rules do provide that attorneys and parties signing documents are vouching for the completeness and accuracy anyway.

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  • IL Cook County Municipal Pro-Se... Please...I need help with verbiage on my "Motion to Vacate a Judgment"

    I recently paid all of the dollar amount entered on the Judgment. Now, I want request the Judgment be vacated to reopen my case, so I can negotiate the reduction of the high legal fees and remove a couple of erroneous charges posted on my ac...

    Stephen’s Answer

    You asked this question and received several detailed answers. This is an online Q&A forum, not a free law firm.

    Again, I suggest you get help from the pro se desk at the Daley Center. I also think if you follow the rules and ask for what you want and why, your motion will be sufficient. Also note there will likely be a timing issue (is it more or less than 30 days since the judgment? it's a much different standard), as well as a fee to be paid.

    It is most likely something you would be far better off discussing with a lawyer. Unless you want to do something wrong and lose, you're better off getting help.

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