Violation of the Illinois Workers’ Compensation Act or Breach of Contract (Count 4) In Count 4 of the amended counterclaims, Chambers alleges that he suffered—and reported—a workplace injury on January 5, 2016. (R.34, Am. Counterclaims at 9). Lyo...
You Complaint has already been Dismissed for failure to state a claim. It should be apparent that you need experienced counsel. What you are doing may be a very bad idea. Unless the Defendant is judgment-proof, you may NEVER get paid in a civil action.
If you were badly injured, you are better off bringing a claim before the IWCC. You alert the AG that the employer is uninsured and the State of Illinois will have to pay any Award through the Commission. You REALLY need to discuss your options with an attorney experienced in this area of law.
You can find an experienced Workers' Compensation attorney here on AVVO. Attorneys on AVVO want to help you but we are not permitted to solicit your business. You must contact us.See question
In a domestic battery situation, can the prosecutor have the jury trial if the victim does not want to cooperate? The victim made a statement to the police as soon as it happened, but later did not want anything to do with it?
When you say that the complaining witness later decided that he/she "did not want anything to do with it," you need to realize that that there can be serious repercussions to recanting testimony:
1..) They risk being charged with False Reporting; and
2.) Like the "boy who cried wolf," he/she risks being ignored the next time they call the police for help.
If the prosecutor can prove through other witnesses that the defendant threatened the witness or otherwise prove that the witness was afraid of retribution for testifying, it may still be possible to convict, depending on the evidence gathered at the scene such as photos of the injuries.
It's a BAD idea to call the police if you don't intend to follow-through.
If you are the complaining witness, the Prosecuting Attorney is YOUR attorney. If you're the defendant, hire an attorney and DON'T INTIMIDATE the witness from testifying.See question
My mom was injured in a parking lot during a blizzard. A pothole was covered by the snow and she stepped into it while walking to her vehicle. Her leg was broken below her knee and a lawsuit was filed. I, recently, contacted her lawyer and was inf...
At a minimum, this is a Wrongful Death suit with a Survival action and possibly a loss of consortium claim. NOTHING is in limbo in the Law Division (there is a hold calendar but it wouldn't apply here). If you need time, take a Voluntary Dismissal. You MUST avoid the case being DWP'd for more than 60 days as that could be fatal. WHATEVER you do, consult an attorney by telephone or in person, ASAP and hope it's not too late.
You can find an experienced Personal Injury attorney here on AVVO. Attorneys on AVVO want to help you but we are not permitted to solicit your business. You must contact us.See question
what do I do when the cause for a traffic accident that affect other people's health
Without insurance, there is no limit to your exposure. The most likely scenario is that the other driver will have UM (uninsured motorist coverage). His insurance company will pay the fair value of the property damage and personal injury. It will then report that amount to the BMV which will suspend your license until you enter into a repayment agreement with the other driver's insurance company.See question
I started a work man's comp case last year and was seen by the nurse 7 times and every time was told to "suck it up or just quit". A year later my hands started to swell and get bruising around my thumbs. i was sent to the same nurse but this thi...
As my colleagues has indicated, you need an experienced WC attorney. You have not asked any question but do imply one. Unfortunately, Indiana WC has no provision for a pay differential. Therefore, if it turns out that you need to "seek other employment" that pays less money, there is no way to compensate you, beyond your PPI rating.
No matter how smart you may be, without someone to guide you, you can't possibly know the questions to ask. Initial consults are free.See question
I worked as a delivery driver for 2 yrs with a good employee record regarding raises and meeting company standards. I was in a car accident on the job and started a workers comp claim, hired a lawyer, which they paid benefits on right away. After...
Why haven't you discussed this with your attorney? He is in the best position to answer your questions.See question
I hade injury last year when l steping out from my truck.I twisted my right ankle.I report to my safty officer and he connect me with incurance company.After l explane what happened,l open a claim.I recieved the bennefit check all the time.My inju...
You NEED to hire an experienced attorney to guide you through the process. If you have been off work for several months, the insurance company will be looking for ANY excuse to stop paying. More importantly, you need to choose an orthopaedic doctor ASAP. Your attorney can guide you in this, as well. It is imperative that your doctor be willing and able to dedicate the time and effort necessary to memorialize your condition and causation opinions. Again, it is your attorney who would coordinate all of this.
For Illinois Workers' Compensation claims, you will ALWAYS cheat yourself if your do not hire experienced counsel. You will have someone to guide you through the process AND when it is time to settle, an attorney can add value to your case IN EXCESS of his fee. So, you have fewer headaches AND you get more money. It really is a no-brainer.
You can find an experienced Workers' Compensation attorney here on AVVO. Attorneys on AVVO want to help you but we are not permitted to solicit your business. You must contact us.
I was in a pedestrian accident with my friend. We were crossing the street when we were struck by a truck. We hired a lawyer and he took both of our cases together. Now that it is time to settle I am wondering if he will collect 33% from both of u...
As my colleagues have said, It depends upon your contract.
Multiplication is commutative. It would not matter whether he charged you together. (e.g.Assuming settlement of $90,000, each, 1/3 of $90,000 is $30,000 + 1/3 of $90,000 is $30,000 = $60,000. 1/3 of $180,000 = $60,000. No difference.
If either or both of you were seriously injured and there is a single-limits policy (e.g. $100,000.00 for all claims), the attorney CANNOT represent both of you because he has an ethical conflict. He CANNOT advocate for one of you over the other unless you BOTH understand the conflict and you BOTH agree to his representation.
The real question is WHY NOT ASK YOU OWN ATTORNEY?See question
My car was parked in front of my house when someone visiting a neighbor backed into my car damaging the door. Luckily I had friends coming over and they saw it because they told me that he was trying to pull off. So I came outside and we exchan...
If you made a police report, have the car repaired. That will compel your mutual carrier to become proactive. If you did NOT have collision coverage, your only option is Small Claims. Get affidavits from eyewitnesses, NOW,before people move or memories fade.
An attorney would only put you further in the hole because you would have to pay him, up front.See question
I have a vehicle with the auto loan in my name, but it is mainly only used by my partner. The vehicle was in an accident while I was at work. My partner has permission to drive the vehicle, but I believe he let someone else drive it when it was in...
I agree with my colleagues. Whatever you do, do NOT say that the driver did not have permission to drive the car or your insurance CAN deny coverage and leave you and your partner holding the bag. As long as the car was insured, no worries.See question