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Questions Answered by Charles Candiano
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 »

1 Answer | Asked in Employment Discrimination, Employment Law and Workers' Compensation for Illinois on
Q: I was hurt at work ended up with carpal tunnel, then fell and hit my head. Also feel intimidated by my Boss as well

After hurting my hand and having carpal tunnel surgery I was in the enterance of the store were I dont really know what happen next I was on the floor with my head bleeding all I was doing was helping a customer get out the door, the door did not open and is still broken to this day. Was taken to... Read more »

Charles Candiano
Charles Candiano
answered on Apr 27, 2022

I am not addressing the friction with your supervisor. If you wish to address that, you should speak with someone who concentrates on employment law.

I am addressing your work injuries. You do not tell us how you injured your hand. From your description, I will assume that it was a single...
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1 Answer | Asked in Personal Injury for Illinois on
Q: Do I have a case if I was in a fight when unprovoked another girl jumped in and attacked me as well? + evidence ?

I got in a fight which started when the other girl had grabbed me by the hair and I started defending myself. The girl I was fighting then signaled her friend to jump in ( who had been waiting) and attacked me. I did nothing to her friend and she started striking me . Also The original girl had... Read more »

Charles Candiano
Charles Candiano
answered on Apr 6, 2022

The girl who grabbed your hair committed a battery which is illegal and would have merited her arrest but you chose to fight with her rather than call the police.

Do you have hospital, ER, or other medical bills from the date of the incident? What is your permanent injury? Why didn't...
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1 Answer | Asked in Consumer Law, Personal Injury and Small Claims for Illinois on
Q: can a sue a car repair shop for breaking a part on my truck and not fixing it they have had it for 2 months

whatever they broke now its going to cost $5600 to fix and they will not take my calls and they have had the truck for over 2 months now I have already paid $1782.00 for the heater core and now the computer is not working and the truck will not start they still have the truck and said it will be... Read more »

Charles Candiano
Charles Candiano
answered on Mar 31, 2022

Maybe. Before you go down that road, your best advice may be to have the car towed to the dealer before anything else is done. The dealer can tell you whether the heater core was properly installed and they should be able to explain how it would be possible to damage the computer while performing... Read more »

1 Answer | Asked in Car Accidents and Traffic Tickets for Illinois on
Q: I got a ticket from an accident and the cop told me a court date verbally but on my ticket there is no info about court

The court box isn't checked off either. What do I do? Thanks

Charles Candiano
Charles Candiano
answered on Mar 31, 2022

To provide a meaningful answer, you really need to tell us more. For example, what was the ticket for? If you got a ticket for no insurance, you should get insurance before you go to court. Also, if you caused the accident and did not have insurance, you need to contact the other persons involved... Read more »

1 Answer | Asked in Personal Injury for Indiana on
Q: I am trying to find out if there was some type of violation that occurred involving a personal injury statement.

The father of my children, who lives in KY, was in a car accident and received an 80K settlement. He has owed back child support for about 10 years and from everything I read child support should have intercepted the settlement. So, something got out of order. I know that this was settled outside... Read more »

Charles Candiano
Charles Candiano
answered on Mar 30, 2022

If the claim was settled before a lawsuit was filed, child support would've had no way of knowing about the claim. The attorney who handled the claim would have had no way of knowing that a child support lien existed unless his client told him or the attorney was notified by child support.... Read more »

1 Answer | Asked in Criminal Law, Federal Crimes, Family Law and Personal Injury for Illinois on
Q: I live in central llinois, are there any laws regarding desecration/disrespect to a deceased ones ashes by other person

I was involved in a domestic violence dispute. My child's father had broke open the container of my(at the time) recently deceased dad's ashes, who had been dead less than 2 weeks, only having his ashes not even 48 hours.

Charles Candiano
Charles Candiano
answered on Mar 22, 2022

Your rights are stated in 755 ILCS 65/1, et seq. Please read to gain a better understanding of your rights.

1 Answer | Asked in Car Accidents and Insurance Bad Faith for Illinois on
Q: involved in accident a car slammed into me and pushed me into the car in front now her insurance wants me to pay ? why?

i was not insured at the time of accident

Charles Candiano
Charles Candiano
answered on Mar 18, 2022

On your facts, you are not liable. Rather, the car that struck you is liable for the property damage to your vehicle, any injuries that you or your passengers sustained, any property damage to the car that you were forced into and any personal injury that the driver or any of the passengers of the... Read more »

1 Answer | Asked in Personal Injury and Landlord - Tenant for Indiana on
Q: Can you still sue for losses if they changed power of attorney over if it happened before they changed power of attorney

In other words can you pursue their assets if it happened before they changed power of attorney over

Charles Candiano
Charles Candiano
answered on Mar 17, 2022

You posted this under landlord-tenant law but you are asking about a power of attorney. You need to provide more details before anyone can provide a meaningful response. Questions that you should address when you repost this include:

Are you the tenant or the landlord?

How are you...
Read more »

1 Answer | Asked in Car Accidents and Personal Injury for Indiana on
Q: My 17 yr old was in an accident, Can the parent be sued if the policy is not enough to cover medical bills?

My 17 yr old was involved in a car accident, she was found at fault for failing to yield on a left turn, the other driver was speeding and had no seat belt on and was severely injured. My policy limits will probably not cover the cost of his bodily injury. What happens in a case like this? Can I be... Read more »

Charles Candiano
Charles Candiano
answered on Mar 15, 2022

Technically, yes. Practically, no. Remember this and increase your coverage in case you or a loved one is injured by an uninsured driver or someone with minimum coverage.

The injured party absolutely can sue you and your child. Here's the problem. Your insurance company is willing...
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1 Answer | Asked in Workers' Compensation for Illinois on
Q: Is it legal for a workers compensation insurance company to use a blank signed medical release with various providers?

The form was signed but no provider added and the company just changes the name to get information for the claim or for investigation of the claim- example, records for prior injuries that are not under the claim but for that same body part. So providers that the worker’s compensation is not... Read more »

Charles Candiano
Charles Candiano
answered on Mar 9, 2022

If you sign a check without entering a payee or an amount, can it be cashed?

The answer to both questions is yes.

Moreover, if a WC carrier pays for medical care, they have a statutory RIGHT to access the records. They do not need your permission unless they refuse to pay. If...
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1 Answer | Asked in Animal / Dog Law, Personal Injury and Civil Litigation for Indiana on
Q: Does the dog owner still have to pay the full vet bill from a dog attack if you made a Fundraiser for emergency help?

My dog was attacked we emptied our bank account to pay the bill because the owner of the other dogs couldn't pay upfront. I got a fundraiser to help us in our time of need. Now she feels she doesn't have to cover the full amount. Is she still entitled to pay the full amount?

Charles Candiano
Charles Candiano
answered on Mar 5, 2022

To be "entitled" is to have the right. She has the "right" to pay but NOT the obligation. The fundraiser collected money for the dog's vet bills. That money MUST be used to pay the vet. She is obligated to pay ONLY the shortfall between what you raised and what you... Read more »

2 Answers | Asked in Criminal Law, Personal Injury, Civil Litigation and Libel & Slander for Indiana on
Q: I just got a notice from the plaintiff for a deposition. A hearing for a motion to dismiss is scheduled. Do I go anyway

It is a civil tort case. The plaintiff served me by publication and I have yet to see his original complaint, yet still just got sent a notice for deposition. The plaintiff even included costs of deposition. Do I have to go? There’s a hearing for a motion to dismiss scheduled and the courts... Read more »

Charles Candiano
Charles Candiano
answered on Mar 1, 2022

If you are the defendant and you filed a Motion to dismiss, you must be represented by counsel. ASK YOUR ATTORNEY. In general, refusal to obey a subpoena places you in contempt of the court that issued the subpoena. Failure to obey the subpoena can result in multiple penalties which may include... Read more »

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1 Answer | Asked in Criminal Law, Education Law, Contracts and Personal Injury for Illinois on
Q: can you sue a Montessori school if something happens to your child?

My son is attending a Montessori school and they had me sign a contract stating that I can’t sue them ever even if something happens due to their negligence

Charles Candiano
Charles Candiano
answered on Feb 28, 2022

It depends on the contract language and how your child was injured. ALL of the details and a copy of the contract need to be reviewed by an attorney before it is possible to provide a meaningful answer.

2 Answers | Asked in Personal Injury, Employment Law and Civil Litigation for Illinois on
Q: Illinois removal from federal court

I am a plaintiff in a case in which the defendant removed the case from state to federal court. It has now been remanded back to state court. Defendants filed a motion to dismiss in fed court which wasnt resolved. Defendants are now seeking to dismiss case in state court based upon the motion to... Read more »

Charles Candiano
Charles Candiano
answered on Feb 27, 2022

You obviously are represented by counsel and as Plaintiff, your attorney is working on a contingency fee so it costs you NOTHING to get an answer from the person who knows most about your case. Ask your attorney.

In general, pleadings are court-specific. If you file a Motion in one State...
Read more »

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1 Answer | Asked in Personal Injury for Indiana on
Q: I need a format for a claim of pain and surrering and misuse of federal guidlines and l8tigations
Charles Candiano
Charles Candiano
answered on Feb 23, 2022

If you are planning to sue in Federal District Court and you are looking for a " Form," it doesn't work like that. Moreover, the Court will NOT be charitable enough to wade through more than a sentence that is as badly written as your question. I am not criticizing so much as... Read more »

2 Answers | Asked in Personal Injury and Medical Malpractice for Indiana on
Q: Is it malpractice if my specialist has not ordered a refill of a medication that is very dangerous to stop cold turkey?

I take pregablin for fibromyalgia. I called for my rheumatologist to send a refill to my pharmacy on Friday, called again Monday & they called back stating he couldn't get it to go through his computer. They offered to 'try again tomorrow'. I called today & the phone nurse... Read more »

Charles Candiano
Charles Candiano
answered on Mar 1, 2022

I am trying to be candid, not sarcastic. You sustained no harm and therefore your claim is worth nothing. In personal injury litigation, you are compensated for the injury that you sustained. On your facts, you might have sustained injury but you did not sustain injury.

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