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Questions Answered by Charles Candiano
3 Answers | Asked in Car Accidents, Personal Injury and Medical Malpractice for Illinois on
Q: I didn’t settled my car accident case until 2021 but I am have to get my leg cut off due to the accident I’ve had the

Same surgery 2 times I feel the first dr should have done better is there anything I can do cause this has changed my life forever I never knew it would of turned out this bad

Charles Candiano
Charles Candiano
answered on Feb 19, 2024

CAR ACCIDENT

If you are asking about reopening the car accident, you CANNOT do that. That said, given the extent of your injuries, the insurance carrier probably surrendered their policy limits. That is to say that you probably received ALL available money.

Medical Malpractice...
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4 Answers | Asked in Car Accidents and Personal Injury for Illinois on
Q: I was in a car accident in 2019 I settled my case but now I may have to get my leg amputated can I do anything else

Or can I take the lady to small claims court

Charles Candiano
Charles Candiano
answered on Feb 19, 2024

Apparently, you posted the question about settling your claim in 2021. When you settle a claim, you release the Defendant from any liability that is in any way related to the events that took place on that date. As noted in my other answer, you probably received the policy limits. Contact the... View More

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1 Answer | Asked in Car Accidents and Personal Injury for Indiana on
Q: Is there a statute of limitations on auto accident lawsuits in Indiana?
Charles Candiano
Charles Candiano
answered on Feb 14, 2024

Suit MUST be filed on or before the 2nd anniversary of the accident or your 20th birthday, whichever occurs later. The Statute can be tolled by mental infirmity but you need to seek the guidance of an experienced personal injury attorney with all relevant details.

1 Answer | Asked in Employment Law and Workers' Compensation for Illinois on
Q: Illinois Worker's Comp

If I have a candidate working remotely in Illinois but their base is in Indiana, do I have to add Illinois to my worker's comp insurance or can I just keep Indiana's and be covered?

Charles Candiano
Charles Candiano
answered on Jan 31, 2024

You are using words that are amenable to multiple interpretations. If you mean to say that you have an employee who lives and works in Indiana for your business that is headquartered in Illinois, you need to have Worker's Compensation insurance in Illinois. If a worker sustained a... View More

4 Answers | Asked in Car Accidents and Personal Injury for Illinois on
Q: Police have held my car on hold since 3/18/23 and I tried to get info on it but the police report doesn’t even exist

I was passenger in the vma and my “friend” driving My car crashed & left me there. When police arrived I was unconscious so I went to the hospital as trauma 1. He has since been in jail and I have tried to get information for my Insurance but all I have is a report number that doesn’t... View More

Charles Candiano
Charles Candiano
answered on Jan 8, 2024

If I understand correctly, you were a passenger in your own car at the time of the accident. Your friend who was driving is currently incarcerated, and your car was impounded and has remained impounded for 10 months. Sadly, the towing and storage fees on your car may far exceed its fair market... View More

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1 Answer | Asked in Criminal Law, Personal Injury and Domestic Violence for Indiana on
Q: If someone witnessed her boyfriend beat up his mother & police were to be called but upon arrival the fight was over.

Mother wouldn't admit what happened nor would press charges either because she was afraid or because he was her son & didnt want to get him in trouble but signs were visible of fresh wounds. He has also been on house arrest for several years for drugs but about done with his time. Is there... View More

Charles Candiano
Charles Candiano
answered on Dec 30, 2023

Whether anyone is charged with a crime in the state of Indiana is within the sole discretion of the County prosecutor and his/her deputies. On your facts, your testimony would be sufficient to charge the offender and probably sufficient to convict him. That said, many prosecutors will refuse to... View More

2 Answers | Asked in Workers' Compensation for Illinois on
Q: My work comp case is closed, but they did not pay all my medical. What should I do?
Charles Candiano
Charles Candiano
answered on Dec 30, 2023

I agree with Mr. Ahlberg IF YOU HAD AN ATTORNEY. If you did not have an attorney and there is no language in your settlement contract to pay the providers, you may be stuck. There are NO MEDICAL LIENS on Illinois WC settlements so NONE of the bills have to be paid from the settlement but YOU do... View More

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2 Answers | Asked in Personal Injury, Health Care Law and Medical Malpractice for Indiana on
Q: What's the statue of limitation on a injury that occurred in high school 40 years ago from the fall of 1983?

A student suffered a fall back in the fall of 1983. The school nurse neglected to have the student checked out at the hospital. Had the school done that and to have the hospital done an x-ray on the right arm, the hospital would have discovered a fracture on the elbow. If addressed, this would have... View More

Charles Candiano
Charles Candiano
answered on Dec 15, 2023

The answer to your question is an unequivocal "NO." I am not familiar with the Indiana school for the deaf. If it is a private school, the statute of limitations ran on your 20th birthday. If it is a public school, you would be suing an arm of the state of Indiana so you would be... View More

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1 Answer | Asked in Wrongful Death for Illinois on
Q: My dad was taking Zoloft and committed suicide recently. I wanted to know if i can file a wrongful death lawsuit.

He had recently increased his dosage.

Charles Candiano
Charles Candiano
answered on Dec 12, 2023

I don't mean to be flippant but there is a vast difference between whether you can file a suit and whether the suit is winnable. The makers of Zoloft readily acknowledge that there is an increased risk of suicide, especially in individuals under 24 years of age and especially in the period... View More

1 Answer | Asked in Workers' Compensation for Illinois on
Q: Exceptions to the 3 year statute in Illinois to file a claim for Worker's Compensation.

Since one of the exceptions to the three year filing deadline for Illinois worker's compensation is having a medical bill paid related to my injury within 2 years of working for that company, since I no longer work for that company but if I were to get a different kind of job with the same... View More

Charles Candiano
Charles Candiano
answered on Dec 7, 2023

Not for the 2017 injury. That said, it is always possible to reinjure your back or exacerbate a pre-existing injury. If a doctor is able to relate any reinjury or exacerbation of pre-existing injury to your work activities, THAT injury would be compensable under Illinois Worker's... View More

1 Answer | Asked in Workers' Compensation for Illinois on
Q: Illinois Worker's Compensation late claim past the due date questions.

If I was on an unpaid leave of absence with my employer is that considered as still being an employee for the company? As far as the original injury goes, the symptoms first appeared in early Nov. 2017 and an MRI told us what was going on for sure in Dec. 2017. Herniated disc, bulging disc,... View More

Charles Candiano
Charles Candiano
answered on Dec 7, 2023

The most common way to date an injury from repetitive stress trauma (wear and tear) is to use the first day that you went to seek medical attention. For you, that is going to be some date in 2017 so the statute of limitations is going to be the same date in 2020. Remember that in addition to the... View More

1 Answer | Asked in Workers' Compensation for Illinois on
Q: Covid-19 time extension for Worker's Compensation Illinois.

Does anyone know if when Covid 19 started the U.S. lock down that there were exceptions, extensions, etc. for filing late worker's compensation claims in Illinois?

Charles Candiano
Charles Candiano
answered on Dec 7, 2023

To the best of my knowledge, no statute of limitations was extended as a result of the pandemic. If the three-year SOL for filing your claim ran during the last two weeks of March when the Commission was closed, you would have a strong argument for being able to timely file your claim on April 1,... View More

1 Answer | Asked in Workers' Compensation for Illinois on
Q: Can this information help someone create an Illinois worker's compensation case way past the 3 year deadline?

I looked through my medical records and I did find one progress note that does say specifically that my symptoms, and the symptoms were specified, were due to an accident at work. The biggest problem is the progress note says that began in 03/2018 when my symptoms first appeared in 11/2017 and an... View More

Charles Candiano
Charles Candiano
answered on Dec 6, 2023

On your facts, there is nothing that can be done. The ONLY way to extend the statute of limitations for work injury beyond three years is to receive "compensation" (usually in the form of medical benefits) from an employer-sponsored group health insurance program within two years of... View More

1 Answer | Asked in Workers' Compensation for Illinois on
Q: Is there any way I can file for Illinois worker's compensation 3 years past the deadline?

My lower back pain first started in early Nov. 2017. I saw a doctor after it didn't go away after a few days and reported it to my boss and supervisor. I worked at a grocery store for a long time moving the big and heavy things. No one ever gave me worker's comp papers or filed a claim. I... View More

Charles Candiano
Charles Candiano
answered on Dec 4, 2023

It depends. There are two components to timely filing a Worker's Compensation claim. You must provide notice to the employer within 45 days AND you must file an application for adjustment of claim within three years OR within two years of the last medical care provided under an... View More

2 Answers | Asked in Wrongful Death and Health Care Law for Indiana on
Q: How is it possible that a longtime diabetes patient have cancer for a year and no one knew even with blood draws?
Charles Candiano
Charles Candiano
answered on Nov 16, 2023

Blood testing is very specific. Routine blood tests for a diabetic have the primary purpose of determining a blood sugar level. It is entirely reasonable that an entirely unrelated disease like cancer would only be identified in something akin to an annual checkup or in response to specific... View More

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2 Answers | Asked in Personal Injury for Illinois on
Q: I was forced on unpaid medical in October. As of today the leave was not approved and the case has not been worked. Help

I have been trying to return to work but I'm getting the run around. What can I do?

Charles Candiano
Charles Candiano
answered on Nov 16, 2023

You need to provide some facts before anyone can help you. For example, how were you forced to take an unpaid medical leave? Does your employer qualify for FMLA? If you "took a leave" without the leave being approved, how is that different from abandoning your job? You have been... View More

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1 Answer | Asked in Criminal Law for Illinois on
Q: Can a charge for indecent exposure get upgraded to a charge for sexual assault?
Charles Candiano
Charles Candiano
answered on Nov 13, 2023

It depends. Criminal charges are extremely fact-sensitive. To be charged with assault, of any kind, there must be an unpermitted "touching." The basis for charging indecent exposure is generally public nudity. If that was the basis for the charges here, the perpetrator cannot be... View More

2 Answers | Asked in Medical Malpractice and Personal Injury for Indiana on
Q: Am I able to sue some medical providers for malpractice for leaving staples in my foot?

I broke my foot. My foot was operated on by an orthopedic surgeon and a plastic surgeon. I was originally informed that they would be cutting my foot open and taking a piece of skin from my thigh to do a skin graft. However, they actually just cut some skin off the top of my foot to cover up the... View More

Charles Candiano
Charles Candiano
answered on Oct 31, 2023

The simple answer to your question is yes. Unfortunately, you can sue nearly anyone for nearly anything. If your real question is whether you have a viable claim (one where you will probably recover more money than you will spend), it is unclear without many more details. "Staples" can... View More

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2 Answers | Asked in Car Accidents and Personal Injury for Indiana on
Q: Can i sue the estate of the person i was riding with who had no insurance I sustained injuries.

I was riding on a motorcycle with a person who come to find our had no insurance. This person has passed on the lawyer i spoke with basically said he couldn't help because there was no insurance. I was injured in this accident. I have had to have family and friends take care of me and get me... View More

Charles Candiano
Charles Candiano
answered on Oct 30, 2023

Like the answer to so many legal questions, it depends. First of all, you need to be able to prove that your friend who was operating the motorcycle was negligent (beyond the fact that he failed to purchase insurance). An attorney is unlikely to take your case because the attorney would have no... View More

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3 Answers | Asked in Car Accidents for Illinois on
Q: Rolled my truck over on load and my employer refuses to cover the damages to my truck. Is it worth going after him?

I have a few questions; I recently rolled my truck over while on load. I’ve been paying my employer 2k a month for insurance and he’s refusing to cover any damages to my truck or tow.

Also, the spot in which I rolled over, when I delivered my load one of the men there said I’m the 3rd... View More

Charles Candiano
Charles Candiano
answered on Oct 19, 2023

There is no fee for consultation. Your employer must have provided you with an insurance card. Did you call the insurance after the incident? Did they refuse to pay the claim? If they did refuse, why? We had a recent incident where a trucking company purchased insurance for two of its own... View More

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