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Questions Answered by Charles Candiano
2 Answers | Asked in Car Accidents, Libel & Slander, Criminal Law and Civil Litigation for Illinois on
Q: Can a person take a picture of my car to use as evidence in their case?

A petitioner took a picture of my car to use for their evidence because they say that my car resembles a car they have video of but not plate number. The person took the picture without asking me. I explained that just because my car is the same model in their video doesn’t mean it proves it’s... Read more »

Charles Candiano
Charles Candiano answered on Sep 15, 2021

Small Claims is informal and frowns on Motion Practice. If you are in Small Claims, just tell the judge. If you have an attorney, he/she will know what to do.

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1 Answer | Asked in Personal Injury for Illinois on
Q: Personal injury pro se law suit

I filed a pro se PI suit on 8-30-21 I have found supportive material, till which date I am allowed to file, summons are served and time given for defendends to appear or file

Charles Candiano
Charles Candiano answered on Sep 15, 2021

The way this works is you need to ask a question. If you are looking for an attorney to represent you, we all give free consults but do NOT expect a discount because you filed. You may or may not have properly drafted the Complaint and you may or may not have named the correct Defendant. If you... Read more »

1 Answer | Asked in Personal Injury for Indiana on
Q: My granddaughter was hurt at school Thursday and I wasn't notified or no note sent home she did she the school nurse

Took her to doctor she has a broken arm had to take her to orthopedic for cast and appt next week if not healing properly she will need surgery

Charles Candiano
Charles Candiano answered on Sep 12, 2021

Though certainly appropriate, the school has no duty to notify you. Moreover, you offer no facts to suggest that the school was responsible for her injury or that the delay in medical care resulted in further harm. If the school caused your child's injury or the delay made the injury worse... Read more »

2 Answers | Asked in Criminal Law, Personal Injury and Civil Litigation for Indiana on
Q: Before a plaintiff can recover for proximate cause what must the plaintiff prove?

The proximate cause theory of liability was used to convict somebody; what must the plaintiff prove before the paints can use proximate cause theory as basis for his/her case?

Charles Candiano
Charles Candiano answered on Sep 3, 2021

One way is to establish that whatever happened was reasonably foreseeable given the Defendant's actions or failure to act.

"Conviction" refers to Criminal law, only."

If you were looking for something different, please re-write the question.

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2 Answers | Asked in Employment Law, Workers' Compensation and Small Claims for Illinois on
Q: Is 820 ILCS 105/1-15 does not protect commercial drivers in the state of IL?
Charles Candiano
Charles Candiano answered on Aug 26, 2021

It protects ALL employees who are Illinois residents.

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1 Answer | Asked in Criminal Law, Personal Injury, Civil Rights and Internet Law for Indiana on
Q: I got a question so as a victim do I have to testify at a bail revocation

Cause the person who did this violated the no contact order and the bail revocation hearing is before the trial

Charles Candiano
Charles Candiano answered on Aug 22, 2021

Only if you want his/her bail revoked.

1 Answer | Asked in Workers' Compensation for Indiana on
Q: I contracted covid-19 December 2020 and have had continued complications from the virus. Am I eligible for worker's com?

I contracted the virus at work, kroger. I am still having complications from the virus and unable to work. I was advised I might be eligible for worker's comp.

Charles Candiano
Charles Candiano answered on Aug 19, 2021

Probably not. You are neither a healthcare worker nor a first responder. Hundreds of thousands of people have contracted this virus which is to say that the likelihood of PROVING your exposure to be work-related is very low. Moreover, Workers' Compensation has express exceptions within the... Read more »

1 Answer | Asked in Employment Discrimination, Employment Law and Sexual Harassment for Illinois on
Q: im writing due to the fact that i have been harrased at work and it is now very hostile work place

the manager used spanish to describe the job details. i only speak english i asked a few times to explain the job in english, i was not properly trained and i have heard them used foul racial slurs

Charles Candiano
Charles Candiano answered on Aug 16, 2021

You need to ask a question. Entry level jobs are plentiful and many employers are offering incentives. If this is a new, entry-level position, move on. If racial hostility or hostility against non-Spanish-speaking people is obvious, you may wish to seek a Right to sue letter from the EEOC but... Read more »

1 Answer | Asked in Car Accidents, Insurance Bad Faith, Insurance Defense and Traffic Tickets for Indiana on
Q: insurance company refuse to pay for my vehicle after an accident cause someone was driving with suspended license

My husband received a ticket in February 2021 we paid the speeding ticket and the Bmv sent the sr-16 to the Bmv my husband got into an accident and hit a tree he was the only one involved in the accident in July 2021 and that’s when he found out his license had been suspended and yes I know... Read more »

Charles Candiano
Charles Candiano answered on Aug 13, 2021

An insurance company has a right to refuse payment on an accident claim if the driver did not have a valid license. You admit that your husband did not have a valid license at the time of the accident. Your insurance company may well be refusing to issue a certificate of coverage but that refusal... Read more »

1 Answer | Asked in Car Accidents for Illinois on
Q: boyfriend took car without permission and did a hit and run on someone else’s car. Everything is in my name. What to do?

He doesn’t want me to tell on him but I feel like I’m going to be responsible for his mess. He hit a car and left the scene. While I was sleeping. The police towed it and I never heard anything. Now I’m out of a car. What should I do? I don’t want to get him in trouble and gets mad if I... Read more »

Charles Candiano
Charles Candiano answered on Aug 2, 2021

Please consider the following:

1.) I have never counseled a client to lie and I am not telling you to lie. That said, you need to understand that if you tell the police that your boyfriend took your car, without your permission, you are telling your insurance company that they are not...
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1 Answer | Asked in Car Accidents, Insurance Defense and Traffic Tickets for Illinois on
Q: I have a car with insurance but my brother drove my car with a revoked license. I was not aware. Will I be covered?

He drove my car while I was out of the country. Just waiting for my insurance to call back.

Charles Candiano
Charles Candiano answered on Jul 26, 2021

It depends on your carrier. Your insurance only covers "licensed drivers." Given that his license was revoked, your brother was NOT a licensed driver. Any carrier could use such an opportunity to legitimately deny a claim. That you were unaware is irrelevant unless he stole the car.... Read more »

2 Answers | Asked in Personal Injury for Illinois on
Q: Fall while patient in hospital for unrelated issues, due to faulty railing, taken to ER, then to another hospital

for injuries, then rehab., released and sent home March 1, 2021. no photos of faulty stair railing available, has been repaired, no acceptance of responsibility but visit while in rehab and phone calls from someone, asking that he sign a 'release'...has not to this day signed. Are their... Read more »

Charles Candiano
Charles Candiano answered on Jul 26, 2021

It is necessary to know the nature of the faulty stair railing as well as the nature of the injury sustained and whether there are any deficits from the injury. It would be a premises case so you need to establish that the hospital knew or should have known of the defective banister. It is... Read more »

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1 Answer | Asked in Car Accidents for Indiana on
Q: If I was attending a county fair and parked in a designated parking area and a tree fell on my car who responsible?

It was not windy or no storms in the area and all I have is plpd it’s county property

Charles Candiano
Charles Candiano answered on Jul 20, 2021

On your facts, you are responsible for the damage because on your facts, the county did nothing which would cause it to incur liability. On the other hand, if a large branch of this tree was known to be dead for many years and the county was advised that the branch should be removed but failed to... Read more »

2 Answers | Asked in Car Accidents for Indiana on
Q: My car got keyed. And the person who did it said over text I should watch out for my car. Is that enough evidence?
Charles Candiano
Charles Candiano answered on Jul 9, 2021

If that is the ONLY evidence, it is almost certainly not enough to secure a civil judgment and absolutely not enough for a criminal conviction. What EXACTLY is the evidence? Was your car keyed the same day/night you received the text? Are there any witnesses or surveillance video who saw... Read more »

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1 Answer | Asked in Animal / Dog Law and Wrongful Death for Illinois on
Q: If my dog gt killed by my neighbors dog how do I go about filing a lawsuit
Charles Candiano
Charles Candiano answered on May 27, 2021

Wrongful Death law only applies to human beings.

I am a dog lover so I do not tell you this lightly. In the law, a dog is a chattel - it is only worth the fair market value of another dog so, at most, you would file a Small Claims case. Though we treat them like family and grieve their...
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1 Answer | Asked in Car Accidents and Traffic Tickets for Indiana on
Q: How long would a prior conviction effect a new case?

15 years ago I received a driving while suspended citation. I recently received another. I received the ticket because someone ran a red light and Tboned me. How will that affect the verdict/punishment? My license has zero points on it. Was a dumb mistake. I have gotten my license reinstated... Read more »

Charles Candiano
Charles Candiano answered on May 25, 2021

Your question is a bit confusing. It looks like you are saying that you drove on a suspended license for 15 years. If you live in Detroit, Michigan, why are you asking about Indiana law? You really need to consult a local traffic attorney to assess your options. print out a copy of your driving... Read more »

1 Answer | Asked in Car Accidents for Indiana on
Q: My daughter hit someone, left a note, they haven't gotten an estimate yet. How long until I'm not responsible

I asked repeatedly to get an estimate so I can pay out of pocket

Charles Candiano
Charles Candiano answered on May 16, 2021

You admit that your daughter was at fault so you are never not responsible. The other driver must file suit within two years to recover if the accident happened in Indiana.

1 Answer | Asked in Personal Injury, Wrongful Death and Divorce for Indiana on
Q: Can you be tested for poisons if you aren’t dead?

Honestly fear chemical dosing of malicious intent to disable or kill while inheritance money rapidly dissipated and displaced - obvious tampering of bank transactions evident - 150k gone in my state of undiagnosed impairment - time sick and decommissioned paralleled inheritance distribution all the... Read more »

Charles Candiano
Charles Candiano answered on May 13, 2021

You want to take care that you are not perceived as a paranoid, conspiracy theorist. That said, simply share any concerns that you may have with your general practitioner who can certainly test the presence of most harmful substances, depending upon the symptoms that you experience.

If you...
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2 Answers | Asked in Car Accidents and Personal Injury for Illinois on
Q: I was involved in a minor accident & I have no insurance. Will I have to go to court? They sent me an attorney lien lett
Charles Candiano
Charles Candiano answered on May 4, 2021

The short answer is not yet. Eventually, the other party's insurance company will secure a judgment against you in whatever amount they pay. At that time (or sooner) your license will be suspended until you pay the judgment or enter into a repayment arrangement that is acceptable to the... Read more »

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1 Answer | Asked in Workers' Compensation for Illinois on
Q: How long does it take to set up a WCMSA with medicare? Will it take months before I know something?
Charles Candiano
Charles Candiano answered on Apr 29, 2021

If the question you mean to ask is how long does it take to get approval for an MSA, the answer is that it depends how you go about it. If you have the ability and resources to do it yourself, it is possible to get approval in 45 to 60 days. If you use a third-party provider, it could take 6 to 9... Read more »

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