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James Richard Rowe

James Rowe’s Answers

84 total


  • Can I file a federal lawsuit against police dept. in TX without attorney ?

    What is the statue of limit on filing federal lawsuit against police dept. in TX ??

    James’s Answer

    Yes, you can. If you represent yourself in a lawsuit it is condiered a "pro se" complaint, meaning you are proceeding without an attorney. You may be able to call your local clerk's office at the federal courthouse to inquire whether they have forms to assist you in stating your claims.

    James Rowe is an attorney with The Law Firm of Rowe & Associates. He can be reached at (312) 345-1357.

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  • Do I have a civil rights case due to my son's doctor discharging him and then saying tha I wanted the discharge

    My son's doctor discharged my son by saying that I requested the discharge after I (parent) expressed my thoughts and feelings about a seperate subject 24 hours earlier. My issue is that because a parent/patient expresses concern/complaint about s...

    James’s Answer

    Unless you can prove that the doctor's discharge violated some constitutional right, or was the product of discrimination (i.e., race, sex, religion, etc.), you probably do not have a civil rights case. However, if your son suffered damages as a result of the wrongful/early discharge, you may have a malpractice lawsuit against both the doctor and the hospital.

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  • Can a cop open my car door without asking?

    My friend and I were pulled over; when my friend stepped out of the car, the cop came back and open the car door without asking. I asked the cop if he was allowed to open the door without our permission and he said that he could.

    James’s Answer

    If the officer did not have probable cause to search the vehicle, then the answer is no. If the search was unconstitutional, you may be able to file a claim for violation of your civil rights pursuan to 42 USC Sec.1983.

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  • If some one hits me from behind and causes me to hit car in front of me is it my fault?

    i got rear ended slowing down in traffic for a stop light which caused me to rear end the truck in front of me. when i went online to make a claim found out i had no insurance, honestly forgot to make the payment. i know i'm going to lose my licen...

    James’s Answer

    Not necessarily. Some more details would be required to determine whether fault can be attributed to you; such as how far behind the driver that your car impacted were you following, etc. If any claim is made against you, the driver that hit you would/should be brought into the case as a co-defendant.

    James Rowe is an attorney with The Law Firm of Rowe & Associates. He can be reached at (312) 345-1357.

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  • Mom 85 fell broke nose going into docs clinic do we need to get a lawyer

    tripped on carpet two days after eye surgery.

    James’s Answer

    I practice personal injury law in Illinois, and based on my experience you have two options: you can either attempt to settle the claim with the doctor's insurer, or you can retain an attorney and have them handle the matter.
    I often caution clients against going it alone, simply because insurance companies are only ever concerned with their bottom line - which means they are not looking out for your best interests, and are certainly not concerned about paying you fair value for your injuries.
    In my professional opinion, I would advise you to retain counsel; your attorney can file an attorney's lien with the doctor and/or his insurer, which will likely bring them to the table for purposes of settlement.

    I hope this response assists you and answers your question.

    James Rowe is an attorney with The Law Firm of Rowe & Associates. He can be reached at (312) 345-1357.

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  • How do you stop paying child support for your children if they are ages 23, 21 &19. None reside with their mother.

    I am paying child support for my 3 children. They are ages 23, 21, 19. None reside with their mother, but I have a modificiation order to pay her more because she has lost her job. I want to stop the child support payments. How do I do this?

    James’s Answer

    File a petition to terminate support.

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  • Do I have a valid Slander Case.

    My Ex Wife told my sister that is was behind in Child support. My support is 65 Dollars a month and Child Care is 215 dollars. My son is 13 and has not needed Child care for some time now. I feel I have over payed her these past 8 Years. She also ...

    James’s Answer

    You likely cannot file a slander lawsuit against your ex-wife if in fact you were behind in child support. The amount of your child support obligation is public record in your court clerk's office; the fact you were delinquent (if in fact you were) is likely a matter of public record as well, if not in a court filing then likely in the state's system/records. Those are not private facts, so if in fact her statement regarding your delinquency was truthful, then you can likely not sue.

    However, if you were NOT behind in paying child support, you could likely assert a claim for slander against her; remarks that insinuate you are a dead-beat dad, when in fact you are not if you paid the support on time, are damaging to one's reputation.

    Best of luck to you.

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  • I need to know if I can sue a police dept and also the DA's office for harassment, slander, and violating my privacy rights?

    I made an anonoymous call to report a crime based on a news video that aired. I explained that I was a relative and did not want the call released and did not give my information. They used my cell number and pulled it all and told the suspect and...

    James’s Answer

    You can likely file a suit against the officers that engaged in the wrongful conduct, perhaps pursuant to 42 U.S.C. 1983, which is a civil rights statute that protects you from constitutional violations. I would need more facts to determine what causes of action you would be able to bring. But, at first glance, I do believe you would be able to file your lawsuit in federal court within your state/district. Best of luck to you.

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  • Do I have a case against my employer for wrongful termination?

    I understand the "at will" agreement between an employee and an employer, but I was terminated from my job due to a car accident involving the company's vehicle. Based on the company's policy, an employee should not be given a driving position job...

    James’s Answer

    I won't bore you with the details of the at-will status of employees in Illinois because as your question indicates you already know it is very anti-employee. I counsel clients all the time in matters like this; and would be glad to discuss your potential case with you further. However, if there was a contract governing the terms of your employment that stated either a specific duration of time OR specific conditions under which you can be fired, then that may trump the state's terrible at-will policy.

    Absent a contract, in order to bring any legal action against them you would likely need to show they violated some state or federal law. For instance, if your age, race, sex, religion, national origin or disability played a role in their decision to fire you. If, for instance, you are a female and a male employee previously committed the same infraction but was not fired, that may show disparate treatment.

    As an attorney in Chicago, I can tell you firsthand that many of my clients wish Illinois would be more employee-friendly.

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  • Passenger in auto accident am i entitled to compensation for injuries i received besides medical benefits

    i received a sprained shoulder and sprained back from this accident the other driver admitted liability am i due further compensation for my injuries besides them paying my bills im still sore and this happend may 30th besides the huge black and ...

    James’s Answer

    In my opinion, you have a classic personal injury claim. You should notify the other driver's insurance company of your claim; you'll want to obtain your medical bills, records and other documents to substantiate any out of pocket costs; additionally, you can make a claim for pain and suffering if your injuries were painful, which I would assume a sprained shoulder and back would be. This is difficult to calculate; usually, one can sometimes get 2-3 times medical bills for pain and suffering; sometimes more, sometimes less depending on the facts.

    I hope this matter is ultimately resolved in your favor. I also hope my response has been helpful to you. Of course, you should consult with counsel for state-specific regulations, statutes of limitation, local rules, etc. If you have any further questions, please feel free to give my office a call at (312) 345-1357.

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