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Stephen I. Lane
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Stephen Lane’s Answers

89 total


  • Can I get this done in time, my personal injury attorney unethically dropped my case 2 months before the statue runs out?

    Reading advice here on the website I recently cornered my attorney into providing me with my file. He wouldn't return my calls or emails, so I did as advised here and asked to set up an appointment to see my file. It was at this time that he sudd...

    Stephen’s Answer

    I wholeheartedly agree with the others who've suggested you retain a new attorney asap, before you give any statement. You absolutely should not have any communications with the insurance company without at least hearing what other attorneys have to tell you about your case. You have not given any details about the case, so it's not possible to comment on the merits. The one thing I can assure you of is that the insurance adjustor does NOT want to help you. You can be sure that he/she wants to make sure their insurance company pays you as little as possible, nothing, if possible. The fact that the statute of limitations is approaching, and you have no attorney representing you gives the insurance company reason to believe you will blow the statute. Please get with counsel that you trust right away!

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  • What is the statute of limitations for a medical malpractice lawsuit

    Or misdiagnosis rather

    Stephen’s Answer

    It depends very much on the unique circumstances involved in each case, but generally, you have 2 years from when you know or should have known that you were injured, and that it may have been wrongfully caused, but in no event more than 4 years from the date of the negligent act. There are a number of nuances and exceptions to this general rule, and so if you're even thinking of bringing a case, you really should speak with an experienced medical malpractice attorney to ensure that your rights are protected.

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  • Do I really need a lawyer for a rear end accident?

    I was rear ended by a semi truck in traffic. I went to the hospital and was told I have a soft tissue injury to the neck. I also followed up with my care provider and was told the same. My left shoulder has been giving me trouble. I have three chi...

    Stephen’s Answer

    I agree with the others' recommendations that you at least consult with an experienced personal injury attorney. One thing you cannot know or be sure of now is the actual nature and extent of your injuries. You can't know why the trucker rear-ended you, or whether any industry rules or regulations were violated. The one thing you absolutely can be sure of is that whoever is representing the trucker and truck company has only one interest in mind, and that is paying you as little as they can to make you go away, and even paying nothing is one of their options. I've seen MANY cases where what was thought to be just a minor "soft tissue" injury has, over time, developed into far worse, spinal problems, herniated disks, even subtle brain injuries. Get a good lawyer and make sure that your interests and options are protected.

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  • My bosses dog bit me less than a year ago, do I still have a case?

    I have pictures and witnesses, I quit the job and they refuse to pay me my vacation. Can I still sue over the dog bite?

    Stephen’s Answer

    In Illinois, you have 2 years within which to bring the suit, unless the injured party is either a minor at the time, or legally disabled, both of which can extend the time allowed for filing. I suspect neither basis for an extended time applies to you. While it's true that most cases are what they call "strict liability", which means you don't have to prove fault, there are some landmines that you have to be aware of. Our statute says, essentially, that if a dog or other animal attacks or injures a person without provocation, then the "owner" or "harborer" of the dog is liable for all damages that result. The difficulties lie in what is considered "provocation" under the law, and who may be considered "owners" or "harborers". I agree with the others who've recommended that you consult with an experienced personal injury attorney as soon as possible to make sure that your rights are protected. He/she will be able to explain and work with yyou to determine your best course of action under your particular circumstances.

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  • Can I be sued if my company insurance didn't pay for claim?

    I was in a minor accident in a commercial truck while on the job. (I work for a pretty big company) I was rear ended, the lady said I backed into her. My companies insurance found her at fault and didn't pay the claim. yesterday I was personally s...

    Stephen’s Answer

    The short answer is yes, you can be sued. If you really were on duty and in the course and scope of your job-related activities, I can't think of any reason why your employer's insurance wouldn't represent and cover you, unless the employer is not named in the lawsuit. I would suggest you turn over the papers you were served with as soon as possible to both your own insurance company and to your employer to make sure your rights are best protected. Your insurance company should take the necessary steps to have you represented by counsel.

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  • I was hit while crossing the street,the walk sign was on I was in the crosswalk.My medical bills were over $50,000.

    I had no insurance.My lawyer mis handled the case,I was left with medical bills of over $40,000.I assumed all my medical bills would be taken care of by the insurance the person that hit me had.My lawyer told me to take the first offer we got.I en...

    Stephen’s Answer

    It's very hard for anyone to second guess your lawyer without more information, and knowing the case and what your lawyer knew. Was the defendant underinsured for your damages? We're there questions as to the driver's fault? We're there witnesses who blamed you? One thing I can tell you is this: all things being equal, if the driver's negligence caused your injuries, then you would certainly be entitled to recover damages for pain and suffering.

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  • What is the Illinois statue of limitations apropos for knee revision surgery (faulty knee replacement)?

    I had a left knee revision on 08/24/2015 after numerous problems with a Smith & Nephew Journey total knee implant done 04/2010. Since the knee implant in 2010, my symptoms include inflamation, pain, instability, and...finally, the knee replacemen...

    Stephen’s Answer

    Technically, you have 2 years from the date you knew or should have known that you were injured, and that it may have been wrongfully caused, but in no event more than 4 years from the date of the negligent act to bring a medical malpractice case. But your circumstances may invoke either a medical malpractice case or a product liability case, neither, or both, depending on the specific circumstances. You really need to obtain all of your records, including all x-rays and other imaging studies (the images themselves, not just reports), and consult with an experienced medical malpractice lawyer to figure out what, if any basis you may have for action. That's really your best bet for getting a reasonable analysis and a smart course of action.

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  • Is it too late? Car accident less than 2 weeks ago 9/8.

    I was involved in an accident and the other insurance accepted full responsibility. My car is still being worked on. I spoke to the insurance company on 9/11 and I let them know that my back had been sore and I not only missed a day of work but ...

    Stephen’s Answer

    You need to be very careful about what you are accepting from the insurance company. It's not too late, unless you've already accepted their offer as a settlement of all of your claims. Do not sign anything, and above all, please speak with an experienced personal injury attorney asap!

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  • Can you suit a doctor for wrongful death or do you have to suit the hospital to.

    If a doctor take a person that is in the hospital and discharge them. But now the person still need to see the Doctor. But now the Doctor will see the person as a outpatient. But the person dieds 5 day after being discharge. And the person had no...

    Stephen’s Answer

    First of all, I'm sorry for your loss. The facts you've provided are not very detailed, and in order to give you any real help, we'd all need to know much more of the circumstances. If I understand you, there was a death which occurred within a few days of the patient's being seen in and outside of a hospital. There are many situations that might or might not prove to be a basis for bringing a case. Each case is very unique, and each case depends on the specific details of what happened. You should obtain all the records and consult with an experienced medical malpractice attorney. He or she can review the records with you, and together you can decide if there's a basis to investigate or pursue the case. Was there an autopsy done? If so, you should get that report too.

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  • Should I go after the Father of the kid who T boned me in NO FAULT state of IL?

    Come to find out the kid or father didn't have insurance on the truck that T boned me, but my insurance found me 90/10 liable for accident. So, my question is should I go after the father for letting the son drive the truck knowingly without ins...

    Stephen’s Answer

    First of all, Illinois is NOT a no-fault state. In any event, with the truck owner/driver being uninsured, your best avenue for relief will be through your own insurance company. You didn't say how the accident actually happened, or what your carrier is basing the 10% fault they are attributing to you. Especially if you were injured, you absolutely should contact an experienced personal injury lawyer right away to help you work through the property damage and uninsured motorist claims which you should pursue.

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