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Questions Answered by Charles Candiano
1 Answer | Asked in Personal Injury for Illinois on
Q: is the hotel responsible for a escalator fall if if the person is intoxicated?

My brother and I had just gotten on the escalator. I was in front and him behind. I fell backwards on top of him. Even though the escalator continued to go up we stayed at the bottom. Both of us received many lacerations. I received several on my right calf. My brother received several on his calf,... Read more »

Charles Candiano
Charles Candiano
answered on Nov 29, 2022

On your facts, there was no defect or malfunction of the escalator. Rather, you lost your balance from drinking too much and fell backwards, on your brother which caused him to fall. If you were overserved in a hotel bar or restaurant, it may be possible for you or your brother to bring a... Read more »

1 Answer | Asked in Civil Litigation, Libel & Slander and Personal Injury for Illinois on
Q: State Agency Rep committed slander and put Red Flag report on person after 40 second phone call.

SBDC office rep was to transfer me to their office manager to go over business plans for services. The Receptionist spoke to me for 40 seconds. After, transferred me. She then continued to file a State police complaint claiming I was a threat to society. Googled my name, saw images of me over... Read more »

Charles Candiano
Charles Candiano
answered on Nov 23, 2022

You cannot sue a State Agency in Civil Court. You must sue them in the Court of Claims and then only after filing a Tort Claims Notice (usually within 6 months). That is probably a very bad idea for many reasons, including limited recovery and a long wait time to be paid.

The suggestion...
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2 Answers | Asked in Personal Injury and Medical Malpractice for Illinois on
Q: medical injury cannot find lawyer due to case won't net enough of money for their law firm any suggestions? arbitration?

i feel the doctor should be held accountable for causing me additional injury pain and suffering here in life!

Charles Candiano
Charles Candiano
answered on Oct 18, 2022

I do not know anything about your situation. If a law firm has confirmed to you that the physician's actions constituted medical negligence, you can always file a complaint with the Illinois Department of Financial and Professional Regulation. That is the State agency that licenses all... Read more »

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1 Answer | Asked in Personal Injury and Appeals / Appellate Law for Illinois on
Q: Can't find the decision before Ill Appellate Court First District in 1997: Moll v. Mt. Prospect Fire Dept.Pension Fund.
Charles Candiano
Charles Candiano
answered on Oct 18, 2022

There are no reported Decisions involving a litigant by the name of "Moll" and "Mount Prospect" from the late 1980's, to present. It would be helpful to know why you are looking for it/what proposition it stands for. Please provide that information and I'll check.

1 Answer | Asked in Car Accidents and Traffic Tickets for Indiana on
Q: My friend was driving my car and I was asleep. He hit phone pole and ran. I walked home because I was scared what do I d

I don't have insurance and I'm scared. The cops came here but I hadn't made it home yet. I don't know what to do

Charles Candiano
Charles Candiano
answered on Oct 12, 2022

If your friend had insurance, the accident is covered.

If your friend didn't have insurance, you gave your friend permission to drive your car, knowing that it was uninsured so you are responsible for all property damage and/or personal injury that resulted. Whether you were driving...
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1 Answer | Asked in Personal Injury for Indiana on
Q: the witnesses are lying on me, and said I got hit on purpose, so nobody will accept the case

I,ve talked to few lawyers and they keep dropping out

Charles Candiano
Charles Candiano
answered on Oct 12, 2022

You don't give us a lot to go on so I'll begin at the beginning. Personal injury attorneys work on a contingency which means that they do not get paid unless they win. Regardless of the reason, if witnesses are claiming that you are responsible for an accident, a judge, jury, or... Read more »

1 Answer | Asked in Criminal Law for Indiana on
Q: for 9-21-8-33(a)/IFA: Failure to Yield at Yield Sign-Involves bodily injury should you plea not guilty even if you are?

could this possibly be plead down to a falure to yeild or something?

Charles Candiano
Charles Candiano
answered on Oct 11, 2022

You need to be represented by counsel. Almost everything can be played to a lesser included offense, under most circumstances. There are too many variables to discuss and there are details that should not be published in an online forum. You need to contact a criminal defense attorney who... Read more »

1 Answer | Asked in Car Accidents for Illinois on
Q: is it legal for police officer not to ask me to call towing and he calls his preferred tow and we end up with 15000$ bil

there was accident invoving my driver of truck and trailer , police never asked us to call towing. he calls "preferred towing", towing never asks us where to tow. tow us to there location and now they have 15000$. truck and trailer were towed separatelly and they do not wanna release my... Read more »

Charles Candiano
Charles Candiano
answered on Oct 6, 2022

ABSOLUTELY! The police have a duty to clear the highway after an accident. To that end, in any given jurisdiction, tow operators must apply with the police agency or district and must be able to respond 24/7 (in good weather) within 20 minutes and meet other criteria, as provided by State Vehicle... Read more »

1 Answer | Asked in Domestic Violence and Personal Injury for Illinois on
Q: Victim lures defendant to place where no contact order is to humiliate cyber bully attack and cause distress to cause ha
Charles Candiano
Charles Candiano
answered on Sep 18, 2022

You only provide part of the scenario. The way this works is that you need to ask a question so that we may respond. Please repost with a question.

1 Answer | Asked in Workers' Compensation for Indiana on
Q: I was at work holding a students hand lightly when he grabbed my hand with both his hands and fell to the floor.

He caused my shoulder to sprain. Can I get a payment from workers comp for the injury?

Charles Candiano
Charles Candiano
answered on Sep 18, 2022

Your question is very oddly phrased. If you sustained an injury as diagnosed by your physician, by the means that you explained, you have clearly sustained a work injury. If you timely report this injury to your employer, you have a solid Worker's Compensation claim which means that you are... Read more »

1 Answer | Asked in Car Accidents for Illinois on
Q: a vehicle with a dealer lien was involved in a collision, towed to our shop in chicago.

the vehicle owner stated he had no current insurance. i called the lienholder at their corporate headquarters; they are located in the state of Georgia. I was informed they would have to report the incident to the department of abandoned vehicles, which would probably involve a delay of 30-60 days... Read more »

Charles Candiano
Charles Candiano
answered on Sep 12, 2022

Please ask a more specific question. If you are asking whether you are permitted to charge storage fees as permitted by Illinois statute, the answer is YES. Just to be on the safe side, I would send the lienholder a letter by certified mail with return receipt requested, memorializing your... Read more »

2 Answers | Asked in Business Formation, Employment Law and Social Security for Illinois on
Q: Can i form an llc for my future box truck business while receiving benefits?

am currently 33yrs old.

Three years ago I was driving semi trucks . Stopped due to multiple surgeries (non-work-related).

Currently on Government Benefits.

Temporary Social security disability

Now present time.

Im close to being fully recuperated so its... Read more »

Charles Candiano
Charles Candiano
answered on Sep 12, 2022

I agree with Mr. Jesky. I would only add that your question has nothing to do with Workers' Compenstion which is an area of law concerning work-related injuries.

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1 Answer | Asked in Personal Injury and Education Law for Illinois on
Q: My son is in 1st grade, today he was hit multiple times by another student who he doesn’t even know.

He’s never even spoken to this kid. He walked up to my son during lunch and started kicking him and hitting him. There is supposed to be lunch attendants making sure this stuff doesn’t happen. No body helped until my son was crying. His friend was screaming and asking for help. A teacher came... Read more »

Charles Candiano
Charles Candiano
answered on Aug 31, 2022

There have always been bullies. There probably always will be bullies. There is no law to invoke. If the school has a zero-tolerance policy about violence, the aggressor should be reprimanded. Request a meeting with the principal to express your concern and to request that the student be... Read more »

1 Answer | Asked in Car Accidents for Illinois on
Q: Value of shoulder labrum tear from rear-end accident.

I know the value can fluctuate but looking for best guestimate range. Rear ended in vehicle accident when I was at a red light. Neck/back and shoulder pain. Neck/back was treated by chiro for a couple of weeks before I got into an orthopedic doctor. Received cortisone shot in right shoulder (right... Read more »

Charles Candiano
Charles Candiano
answered on Aug 30, 2022

First of all, let me commend you for having the foresight to carry reasonable limits of insurance. It is exactly this type of situation where that pays off. Irrespective of the at fault driver's policy limits, you have at least $250,000 of coverage available, without looking at the policy.... Read more »

1 Answer | Asked in Family Law for Indiana on
Q: The sheriffs department has denied me copies of the autopsy pictures from my sons autopsy, how can I obtain them?

County coroners office says they did not take pictures of autopsy(only investigative pictures from the scene and they won’t release those) but the sheriffs department did take pics of autopsy. I have requested them and they denied them but I need them to have his case properly investigated.... Read more »

Charles Candiano
Charles Candiano
answered on Aug 15, 2022

You offer no explanation for asserting that you know autopsy photos exist or why the Coroner and the Sheriff would prevent you from getting them. The easiest way to memorialize your request for the documents is to make a FOIA request. Serve one on the corner and serve another on the sheriff.... Read more »

1 Answer | Asked in Personal Injury for Indiana on
Q: my car worked on and when I got the car back I had cut my finger from a razor blade that was left in my seat.

Is there anything legal I can do

Charles Candiano
Charles Candiano
answered on Aug 11, 2022

You must be able to prove that the repair shop was responsible for placing the razor blade on your seat. That may not be easy unless you can demonstrate that you were charged for some procedure in the interior of your car that would have required or may have required use of a razor blade. You... Read more »

1 Answer | Asked in Personal Injury for Indiana on
Q: My neighbor planted Oelander on an easement close to street where lots of neighborhood children and elderly walk, in IN

It is poisonous to the touch. Can I make them remove it?

Charles Candiano
Charles Candiano
answered on Aug 5, 2022

All parts of the plant are highly poisonous. If you are positive of the plant's identity, your neighbor must be a moron. Nobody would want to assume the liability for causing serious illness or death to humans and pets, irrespective of their age. If it is their property, they have a right... Read more »

1 Answer | Asked in Personal Injury for Illinois on
Q: Could screaming be assault if directed at a stroke victim in a real estate office owner doing the screaming
Charles Candiano
Charles Candiano
answered on Jul 23, 2022

There are no lottery winners in personal injury. If you have a doctor who provides a nexus between the screaming and the stroke, THEN we can ask if the stroke was a foreseeable consequence of the screaming. Probably not.

1 Answer | Asked in Car Accidents, Municipal Law and Small Claims for Indiana on
Q: A light pole fall on top of my car in the middle of a rain storm. What type of laywer do I need?

My car is mexican and insurance only covers third party accidents. The sheriff said I needed to go to the city so that they would make the electric company pay for the damages. Inspection determined that the pole fell due to the wood being rotten. The car suffered great damages and is unusable now.... Read more »

Charles Candiano
Charles Candiano
answered on Jul 18, 2022

Hopefully, you took several pictures of the car with the downed light pole so that you can prove that the damage to the vehicle was caused by the downed pole. You said that the sheriff was there so the sheriff should have prepared a report, memorializing the downed utility pole and the damage to... Read more »

1 Answer | Asked in Workers' Compensation for Illinois on
Q: I have a Workman's Compensation Settlement being processed. If I pass away, will my spouse then receive it?

I'm waiting to receive money from a Workman's Compensation Settlement. If I were to pass away before I actually receive the money, does my spouse still get it?

Charles Candiano
Charles Candiano
answered on Jul 5, 2022

It depends upon what you mean by "being processed." If you have entered into a settlement agreement and that settlement agreement was approved by an arbitrator or a Commissioner, it must be paid within 30 days and is usually paid in 10 days or less. If you should die before you received... Read more »

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