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Gerald William Napleton

Gerald Napleton’s Answers

463 total


  • What if treating physician testified poorly?

    She said that she is unsure whether the low speed rear-end collision caused my lower back pain. She said she did not see me that often so she does not know. How much does this hurt my case? My lawyer said this is a big problem.

    Gerald’s Answer

    It's a big problem. The insurance company will use this as ammunition on why the case isn't worth much money (or worth nothing at all). Without your doctor linking the accident with your medical treatment it is impossible to say the accident and your medical treatment are related -- unless your lawyer hires an expert witness to link the accident and treatment - and without a traumatic injury with substantial medical bills it's a fool's errand to spend thousands on an expert witness on a case that may not be worth much more than that. Sorry for the bad luck and lousy testimony.

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  • Can I hold a general contractor personally liable for deposit funds if they go into backruptcy?

    We are building a custom house on property we own, in Illinois. We paid the contractor an upfront deposit of $100,000 for the final construction draw. We have since found out the contractor has been engaged in potentially illegal behavior, has b...

    Gerald’s Answer

    Possibly. You will have to pierce the corporate veil, so to speak, which will require adept lawyering. Hire a lawyer and sue.

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  • I hit a manhole yesterday in Chicago.

    .It was raining and a lot of construction along the street My car is damaged . There were no signs about construction Can I recover damages?

    Gerald’s Answer

    It's unlikely you'll succeed. First, you would likely have to do this yourself as a lawyer will not take the case unless there were substantial damages and damage to your car is not enough. Secondly, most importantly, the city is generally immune from negligence lawsuits. You would have a large hurdle to cross in having to prove that the city or its agents acted grossly negligent. Sorry for the bad luck.

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  • I purchased a brand new car in Chicago couple of days ago, Can I return it?

    The dealer ran my credit check with multiple banks without my permission, the sales manager was extremely unprofessional and did not meet any promises, he even refused to let me talk to his manager when asked. I ended up buying the car though and ...

    Gerald’s Answer

    There is no automatic three day right of return in Illinois that exists in some states. Whether you can return the car is up to the dealer and the language of the sales agreement signed.

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  • Is there a general law that all Illinois apartments must have two exits in( Broadview , Illinois) . 2nd door for apt is broken

    Purchased an Condo ( coop apartment). informed the Cooperative Board on 12 occassions via email and 7 via phone , the apt only has one exit, (1 door) safety hazard to retreat from an intruder and or a fire. Sent several emails and requests to...

    Gerald’s Answer

    You could be setting yourself up here. If a door is not a common or limited common element the individual owners will have to pay. Check with your condo declaration for the definitions of your common and limited common elements.

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  • Can I sue my ex-spouse for not truthfully answering the U.S status question on our mortgage documents?

    My ex-spouse applied and received FHA loan for our home. His name only appears on the documents. This puts me at a disadvantage when I need financing for our child's increasing activities. He went to the closing alone! now, I know why!

    Gerald’s Answer

    So are you alleging that by you not appearing on the loan document/mortgage you missed out on a chance to establish or build credit? I don't see a viable lawsuit if that's the case.

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  • Signed a form for photo service inquiry, I signed the form but did not pay is it consider a contract where it is legal?

    include the bride and groom name with their emails as well as the event location and time to inquiry the cost but did not put a deposit

    Gerald’s Answer

    More information is needed but submitting information for an "inquiry" through a website does not sound like you entered into an actual agreement.

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  • Can an insurance claim be made for a accident after a judge dismissed the case?

    My sister hit a car 12/7/14 during a winter storm. A police report was made at the scene. a court date was set . The case was dismissed by the judge due to the party involved not showing for court. Now almost 6 months later the person involved in...

    Gerald’s Answer

    Yes. Have her talk to her insurance company. Hopefully she reported it when the accident happened. This traffic matter has no bearing on a civil matter between the parties (such as property damage or injury).

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  • House sellers abruptly terminated contract after appraisal and inspection expenses. How to make them pay for expenses?

    Went under contract after negotiations (both parties agreed). After inspection, had an issue with plumbing that we wanted a professional plumber to assess. All of a sudden, before plumbing professional can assess, sellers terminated contract and...

    Gerald’s Answer

    What was the basis for the termination? What does your real estate lawyer say? If you didn't have one (first mistake) I would consult with one Asap. Contract provisions apply which regulate who can do what and what the damages are for breach.

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