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Questions Answered by Charles Candiano
1 Answer | Asked in Car Accidents for Illinois on
Q: Diminished Value on a suv because of a delayed reporting on a crash. Bought a 2017 Jeep Grand Cherokee, used, carfax

showed no accidents, and two years later, during a repair, discovered it had been involved in a left frontal accident, checked carfax again, and it was reported a year later after my purchase?

Charles Candiano
Charles Candiano
answered on Jun 30, 2022

Though it is true that a car has diminished value once it is involved in an accident, the amount by which the value is diminished varies widely. Illinois law provides for you to make a claim for diminished value on vehicles that you own. On your facts, this vehicle was involved in an accident... Read more »

1 Answer | Asked in Animal / Dog Law for Indiana on
Q: I was visiting my parents with our cat. Their neighbor baited and trapped it and had it spayed what recourse do I have?

My dad ask him if he did it and he admitted it,even told him where he took it to have it done. He sign papers at the vet stating he owned the cat and was responsible for it. We are from Kentucky and were visiting my parents in elwood in.

Charles Candiano
Charles Candiano
answered on Jun 23, 2022

Presumably, the trap was set on the neighbor's property so the cat could not have been trapped unless it was out of your control, on the neighbor's property. If your father's neighbor does this routinely, to decrease the surplus population of feral cats, it is commendable that he... Read more »

1 Answer | Asked in Personal Injury, Civil Rights, Identity Theft and Land Use & Zoning for Illinois on
Q: First of all house. My house at 7229 South Harvard in Chicago they took me to court I w o n of my case a rule 23 return

The managers in the work program man have stole all my stuff then I got me to the other building they change my rent to $1,000 or $37,000 I they won't take me to court and I can't get nobody help me how to build a change my property my unit told me I wasn't the owner but they... Read more »

Charles Candiano
Charles Candiano
answered on Jun 23, 2022

Please read:

You must ask a coherent question or NOBODY can help you.

Reciting rambling facts with no syntax wastes your time and ours because it is unintelligible.

Never use proper names in an online post. Your question is supposed to be anonymous.

1 Answer | Asked in Energy, Oil and Gas and Consumer Law for Indiana on
Q: Can I sue a gas station for refusing to give me a receipt for gas purchase and being racist to me.

I went to purchase gas at a gas station and the machine was out of receipts, I went inside to ask for one. The worker was very racist and rude in her talk and refused to give me a receipt. I asked why she said I don’t know how but she mentioned that she has been working at the place for 20 years.... Read more »

Charles Candiano
Charles Candiano
answered on Jun 20, 2022

Workers' Compensation is an area of law that deals with work-related injuries.

It is illegal for a retail merchant to refuse to provide you with a receipt. The situation that you describe happens EVERY day. A remote printer either runs out of paper, misfeeds, jams, or runs out of...
Read more »

2 Answers | Asked in Contracts, Personal Injury and Construction Law for Illinois on
Q: A guy wants to take my old barn down. What can I do to make sure I'm not liable for accidents etc? ILLINOIS

Agreed he could have half the wood.

Charles Candiano
Charles Candiano
answered on Jun 20, 2022

Spend a few hundred dollars to have an attorney draw a contract where the party who is to demolish the barn where the other party agrees to demolish the barn and further agrees to assume ALL liability for injury or damage to any people and to any property other than the barn in exchange for 1/2 of... Read more »

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1 Answer | Asked in Employment Law and Workers' Compensation for Illinois on
Q: I don’t know if it’s worth it my finger ring finger got smashed at work broken tip I had surgery and pins put in thank

Pins are currently out hand swollen

Charles Candiano
Charles Candiano
answered on Jun 15, 2022

I don't know what question you're asking. If you are asking whether it is "worth" hiring an attorney, the answer is always yes in Illinois Worker's Compensation claims. You hire the attorney on a contingent fee basis which means that you pay nothing until the claim is... Read more »

1 Answer | Asked in Animal / Dog Law and Car Accidents for Indiana on
Q: If my dog broke off his chain and my neighbor ran him over can I sue him? He never stopped! Never braked!

Never checked his rearview mirror! I'm in Indiana. And if he would of stopped and i would have know sooner i may have been able to save him. 20 mins after he was hit i found him suffering in pain. This guy and his wife speed on all the streets in my little town constantly. Before this event we... Read more »

Charles Candiano
Charles Candiano
answered on Jun 12, 2022

In Indiana, it is illegal to leave the scene of an accident with a domesticated animal before you call the pet's owner or animal control. As a dog lover, I feel your pain. That said, if the driver had lost control while taking evasive action, you would be responsible for all property damage... Read more »

1 Answer | Asked in Personal Injury and Civil Litigation for Illinois on
Q: What are considered disrespectful attorney acts in context of failing to answer a complaint timely?

Illinois appeals cases for default judgements based on untimely answers have generally cut slack to the untimely Defendant it appears. However it does add a caveat that the attorney cannot be disrespectful in doing so.

Is not the fact that the attorney failed in a case to file answer until... Read more »

Charles Candiano
Charles Candiano
answered on Jun 9, 2022

I'm not really certain as to what you are asking. If you are the client and a default judgment was entered against you, the only aspect of the attorney's conduct that would ever be examined is whether the attorney was able to vacate the default judgment. So long as that is accomplished,... Read more »

1 Answer | Asked in Personal Injury and Landlord - Tenant for Illinois on
Q: Would I be able to sue neighbor for smoking or landlord for not evicting neighbor that abuses no smoking policy.

I have asthma. My Neighbor continues to smoke after complained to manager about it. There is no smoking policy here by HUD. I've complained to HUD abd the state health department smoke hotline.

Charles Candiano
Charles Candiano
answered on Jun 6, 2022

You cannot sue your neighbor because there is no privity of contract between you and your neighbor. If no smoking is a condition of your lease you can break your lease if the landlord refuses to enforce the no smoking policy. If you have complained to HUD, HUD will issue warnings. If the warnings... Read more »

1 Answer | Asked in Personal Injury and Animal / Dog Law for Illinois on
Q: My pit got off his leash while walking run up to another dog, the other dog (pit) badly injured my dog Who's at fault?

Her dog would not let go of my dogs neck.

My dog ran home which was two houses down from the incident with the dog attached to him.

Neighbors came out trying to help get the dog off of mine.

I have paid her vet bill 1,200

And mine which has cost me about $4,000 and... Read more »

Charles Candiano
Charles Candiano
answered on Jun 1, 2022

Your instincts are correct. Your dog got out of its collar and caused injury to the other dog. When your dog got out of its collar, it was out of your control and any injury or damage that resulted is your responsibility. If the woman who was walking the other dog injured her finger, you are... Read more »

1 Answer | Asked in Personal Injury and Workers' Compensation for Indiana on
Q: Workplace mental health issue

I have a question: I was working at a local small government entity as a director. The outgoing director and I formed a strong friendship that ended with a emotionally charged discussion between us before they left. In the course of this discussion, the person said, “I hope you don’t hang... Read more »

Charles Candiano
Charles Candiano
answered on May 24, 2022

At the time of the comment, you are both acting in your official capacity so Worker's Compensation would be your sole remedy. That said, Indiana's Worker's Compensation law does not recognize psychological injury so I honestly do not see any viable cause of action. I would urge you... Read more »

1 Answer | Asked in Personal Injury, Civil Rights, Communications Law and Environmental for Indiana on
Q: How do I stop voice 2 skull
Charles Candiano
Charles Candiano
answered on May 24, 2022

This is NOT a legal question but a technical one. You need to identify the mechanism of transmission before any legal remedy is possible.

1 Answer | Asked in Workers' Compensation for Indiana on
Q: What is the legal consequence when workers compensation fails to provide necessary medical care in IN?

Going on two years post ORIF. Failed to provide treatment for post op DVT (basically left me for dead), failed to provide any care for my related nerve damage or problematic hardware. Finally got them to send me to a new specialist who agrees there are all kinds of problems and ordered mri and emg.... Read more »

Charles Candiano
Charles Candiano
answered on May 19, 2022

Shame on you! You are a healthcare professional. There is no reason why you could not have worked with Worker's Compensation to coordinate any needed care. Indiana's Worker's Compensation board is not set up as a traditional, adversarial system. In Indiana, the employer has... Read more »

1 Answer | Asked in Car Accidents and Insurance Bad Faith for Illinois on
Q: A few months back I was driving a rental car and hit a deer. I now am going to court for driving without insurance?

I sold my car years ago and use rental cars for work so I don’t have my own personal insurance besides on my credit card. I had always thought that rental car companies legally had to have state minimum coverage on their vehicles. How do I fight this?

(Update #2): Providing a second... Read more »

Charles Candiano
Charles Candiano
answered on May 13, 2022

Please don't say that you thought car rental companies were obligated to provide insurance. They all DO provide insurance as a DEFAULT.

The application requires you to SPECIFICALLY DECLINE insurance coverage and additionally makes you sign or initial that choice. Additionally, rental...
Read more »

2 Answers | Asked in Employment Law and Workers' Compensation for Illinois on
Q: If i worked for company A and was injured at company B, if company A covers my workmans comp claim can i still sue B

I was not working or being paid by company A(or B) while at company B. I was injured at company B while performing an action at the behest of an employee at company B. Company A and B are affiliated.

Charles Candiano
Charles Candiano
answered on May 12, 2022

You posted this under Illinois Worker's Compensation law but you clearly state that you are not an employee of either company A nor company B. The Illinois Worker's Compensation act only applies to injuries that are sustained in the course and scope of one's employment. And injury... Read more »

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1 Answer | Asked in Car Accidents for Indiana on
Q: Can the county immune to liability for "weather-related" damage to their main roads?

I hit a sizable, unmarked pothole on US 31 within St. Joseph County limits that did significant damage to my car. I filed a claim and a county representative said they would not pay it because they aren't responsible for "weather-related" damage to the roads. All damage to roads... Read more »

Charles Candiano
Charles Candiano
answered on May 10, 2022

The person with whom you spoke was right, for the wrong reason. US 31 is an interstate highway so you would need to make a claim with the state of Indiana, NOT St. Joseph County. Before you can make a claim, you must file a Tort Claims Notice. The form number is 54668. A completed form must be... Read more »

1 Answer | Asked in Personal Injury for Indiana on
Q: Mistakenly mismarked my exhibits in a motion for waiver of objections i filed can i amend this motion to correct?

I'm representing myself in a personal injury lawsuit. I filed a motion to waive objections that defendant provided to me in their answers to my Request for a 3rd set of Interrogatories and request for Production. I discovered that i had mistakenly mismarked my exhibits and i need to fix this... Read more »

Charles Candiano
Charles Candiano
answered on May 6, 2022

There is a very old saying that the individual who represents themselves has a fool for a client. I don't mean to be flippant but you are going out of your way to prove the adage. You need to hire a legal professional for the same reason that you do not drill your own teeth or paint your own... Read more »

2 Answers | Asked in Employment Law, Personal Injury and Workers' Compensation for Illinois on
Q: How can I sue my job for mental distress? I asked 3 law firms and they all denied me. They never asked for proof for

anything. They were both Personal injury and employment law firms. What can I do to get what I deserve.

Charles Candiano
Charles Candiano
answered on Apr 29, 2022

You posted more facts on avvo. The situation that you outlined is very unfortunate but not legally actionable. If the company is in financial trouble and needs to close a retail store, people get laid off and hours get cut. Again, it is understandably very stressful for all parties concerned.

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1 Answer | Asked in Personal Injury for Illinois on
Q: The mother claiming to be his guardian lied The couple was not married only one year before the accident 8 years later

8 years later she was still going to the hospital heart broken to see her husband. The marriage ended when the accident happened in October 1980 and Herbert never knew Sue ever again. So why was this lawsuit ever allowed to get to court to hurt Sue additionally financially and emotionally want... Read more »

Charles Candiano
Charles Candiano
answered on Apr 29, 2022

You need to ask a question. Mentioning that an unnamed person (who may or may not have been the at-fault driver) had an accident 42 years ago and then asking why his wife was sued is a commentary, not a question. If you want a legal analysis, you need to provide the requisite information. For... Read more »

1 Answer | Asked in Workers' Compensation for Illinois on
Q: I am currently towards the end of my lawsuit. I have had 2 surgieres on my right shoulder in two years and 1 on my left.

In my opionion I feel like my left arm recently had to have surgery because i over compensated it from having two surgeries on my right. I have talked to my lawyer & he keeps saying to have my doctor write it down. My surgeon only could say that it can be from over use and compensation but he... Read more »

Charles Candiano
Charles Candiano
answered on Apr 28, 2022

A Worker's Compensation claim is not a lawsuit. You need to have a conversation with your attorney about what relief you are seeking. In other words, are you seeking compensation for a "specific injury" (here, your shoulder); are you seeking compensation for loss of trade (the... Read more »

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