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Questions Answered by Charles Candiano
1 Answer | Asked in Car Accidents for Indiana on
Q: I got into a car accident and I was uninsured and at that time I was a minor. what should be my next steps?

I do have a police report and I am being held at fault since I was uninsured and a minor. The accident was a collision and everyone was okay and no ambulance was called. The other person insurance gave me a letter in the mail to talk about the claim/settlement and have left voicemails to the number... View More

Charles Candiano
Charles Candiano
answered on Dec 6, 2024

It is illegal to drive without insurance and I am not condoning it. That said, failure to have insurance has nothing to do with whether you are the at-fault driver. You provide no facts concerning the accident so I cannot tell you whether you were at fault. Assuming that you were at fault and... View More

1 Answer | Asked in Personal Injury for Illinois on
Q: my OB I had gestational diabetes during my pregnancy and that lead me to developed type two diabetes , can I sue ?

was never told by my OB I had gestational diabetes during my pregnancy and that lead me to developed type two diabetes, (she did do the test for glucose, I was told to monitor my numbers because the results came out high but didn’t say anything that I had developed diabetes, throughout my whole... View More

Charles Candiano
Charles Candiano
answered on Nov 1, 2024

Sue for what? There is NOTHING that anyone can do to prevent GD. To sue under a theory of medical negligence/malpractice, you MUST be able to articulate how the provider breached the standard of care they owed you. GD is CAUSED by the placenta interfering with insulin absorption. It cannot be... View More

1 Answer | Asked in Medical Malpractice and Personal Injury for Indiana on
Q: Can I sue my former middle school for an injury that happened 16 years ago

I got a severe concussion when I was 13 at school. The school were negligent with my care and refused to call an ambulance or my parents. I since have developed severe chronic migraines, anxiety, and fatigue. I have lost multiple jobs because of my health issues

Charles Candiano
Charles Candiano
answered on Oct 28, 2024

The statute of limitations closed on your 20th birthday. You had 7 years to bring the claim. You do not state the circumstances surrounding the concussion. If the school's culpability is limited to its failure to call an ambulance or your parents, it is unlikely that you would have been able... View More

1 Answer | Asked in Personal Injury and Products Liability for Illinois on
Q: Where can I find sample punitive damages interrogatories?
Charles Candiano
Charles Candiano
answered on Oct 25, 2024

Just to review, compensatory damages are usually the only damages awarded, in any action. Punitive damages are extremely rare and in Indiana courts, they are limited to $50,000 of which only A maximum of$12,500 is payableTo any Plaintiff. After attorney fees and costs, your recovery is capped at... View More

1 Answer | Asked in Consumer Law and Car Accidents for Illinois on
Q: Should the car insurance have provided me a car rental / paid for my car payments while my car is in the shop?

For a deer collision? My car was in the shop for 6 months, and i was only given 30 days of car rental. I continued paying for my car even though i wasn't driving it. I had no vehicle for 5 months. I have a full time job, and i’ve missed a lot of work. Should the insurance have paid for my... View More

Charles Candiano
Charles Candiano
answered on Oct 7, 2024

This is not a legal question but I will answer it as best I can from personal experience. When you purchase car insurance, car rental coverage is usually defined by duration and the amount payable per day. For example, 30 days at $50 per day. The duration is generally fixed at 30 days. The only... View More

1 Answer | Asked in Medical Malpractice for Illinois on
Q: Two years ago in an E.R., was told I had pneumonia but didn’t tell me I had a heart attack. Can I sue?

I was taken by ambulance. Told my husband I had bacterial pneumonia which had caused some delirium. When I was admitted and coherent I was told the same thing. No mention of a heart attack by any doctor or nurse. Due to terrible care, I left shortly after being admitted and put in a room. Discharge... View More

Charles Candiano
Charles Candiano
answered on Oct 3, 2024

You can sue anyone. If you are asking whether you can recover, on your facts (you sustained no harm as a result and your own cardiologist didn't mention it until you asked, 2 years later), you cannot recover. I medical negligence (a/k/a medical malpractice), the rule is no harm, no foul.... View More

1 Answer | Asked in Workers' Compensation and Medical Malpractice for Illinois on
Q: Can we appeal denied workers comp after being misdiagnosed for heart attack symptoms by employer's physicians?

My husband drives tractor trailers and was sent to the clinic by his employer for pain radiating from his back/chest and shoulder down his arm. They said it was a shoulder strain (even though he doesn't do any lifting) and put him on light duty. 5 days later, he went to the ER after work and... View More

Charles Candiano
Charles Candiano
answered on Sep 23, 2024

To be compensable under the Illinois Worker's Compensation Act, an illness or injury must be caused or contributed to by a person's work. On your facts, your husband does no lifting or other strenuous work beyond driving. On your facts, your husband's heart attack cannot be... View More

1 Answer | Asked in Family Law, Personal Injury, Real Estate Law, Libel & Slander and Landlord - Tenant for Indiana on
Q: married, but had someone else move in and now they wont leave. even after notice. they will sander me what to do?

im married going through rough spot. my other is staying with family. we are still legally married. we never filed for a legal separation or anything. i was dumb and had someone move in. now i cant get them to leave. i gave notice of quit. week after the date they are still there. they said it had... View More

Charles Candiano
Charles Candiano
answered on Sep 10, 2024

You said it. You acted foolishly. The police are the "law enforcement" officers. If you don't want the police involved, how can you expect any assistance from the judicial system? If an eviction Order for a restraining Order is entered against the person living in your house, who... View More

Q: If a cop pulls you over can they take your car if they think the car bought with money from drugs?

I know that if you have money or a possession, a cop can take it if they think it came from drugs, even if there's no proof you've ever come in contact with them. They can take your possessions without due process. just wondering

Charles Candiano
Charles Candiano
answered on Sep 20, 2024

The police can "seize" property if there is probable cause that the property was acquired with money from the sale of drugs or if the property was used in the sale of drugs but the police cannot "take" the property. You still own it. If the prosecuting attorney determines... View More

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2 Answers | Asked in Personal Injury and Workers' Compensation for Illinois on
Q: How do you determine what is a sufficient settlement for an injury on the job?

If a nurse is assaulted while on the job by a mental patient, how do you determine what a fair settlement would be?

Charles Candiano
Charles Candiano
answered on Aug 29, 2024

I don't mean to be flippant, but the only legitimate answer to your question would be a comprehensive "how to do it" book on Worker's Compensation injuries. It is not "rocket science," but it can be unbelievably complicated. To make the calculation, an attorney would... View More

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1 Answer | Asked in Medical Malpractice and Wrongful Death for Illinois on
Q: How can I find the information on a case for malpractice and wrongful death in Cook County Illinois

My grandmother died in a nursing home in Crete, Illinois, and I am trying to find the details of her case I am from Indiana and I don’t know how to navigate through Illinois quarts to find out exactly what type of court this happened in or the lawyer or the judges name that handled the case

Charles Candiano
Charles Candiano
answered on Jun 20, 2024

If a medical malpractice or wrongful death lawsuit was filed in Cook County Illinois, you can find it by following this link or pasting it into your browser: https://casesearch.cookcountyclerkofcourt.org/CivilCaseSearchAPI.aspx

Choose the Law Division and then search for your...
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2 Answers | Asked in Civil Rights, Personal Injury and Libel & Slander for Illinois on
Q: How do I find someone to take a case against a police officer and states attorneys office for unlawful arrest
Charles Candiano
Charles Candiano
answered on Jun 6, 2024

You CANNOT sue a police officer or the state's attorney for anything they do in the performance of their official duties. They are immune from prosecution. Beyond that, a police officer has broad discretion in making an arrest. If you believe the arrest was unlawful, you should discuss the... View More

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1 Answer | Asked in Car Accidents for Illinois on
Q: If i didn’t have any car insurance and the insurance of other party asking for it

I was involved in a car accident and it was my fault for not being in the correct turning lane first car and first accident i didn’t have any insurance due to stability issues but now the other party is asking me for insurance or they will take legal actions

Charles Candiano
Charles Candiano
answered on Jun 3, 2024

If you were at-fault, you are liable. If the other driver had full coverage, THEIR insurance will pay and you will owe them WHATEVER THEY PAY for property damage and injury. There are only 2 ways you can keep a driver's license, in ANY state. You can enter into a repayment plan that is... View More

2 Answers | Asked in Personal Injury and Car Accidents for Illinois on
Q: I had an accident.I was in passenger side in Lincoln MKT town car and while airbags being deployed and it burst on face.

I think it was a issue with airbags as it bursted.

Charles Candiano
Charles Candiano
answered on Jun 3, 2024

The way this works is that you need to ask a question. You only tell us that you were a passenger in a used car that is 5 - 15 years old. Then you say that you think there was an issue with the airbag because the airbag bursted/ruptured.

Essentially, you are asserting that the airbags...
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2 Answers | Asked in Employment Law, Workers' Compensation, Business Law and Civil Rights for Illinois on
Q: I am being terminated from my job based on performance issues that have been affected by my mental health.

Do I have grounds to seek legal action regarding my termination based on mental health and substance abuse without being offered treatment or even severance?

Charles Candiano
Charles Candiano
answered on Jun 2, 2024

Worker's Compensation is a specialized area of law that only concerns job-related injuries. Your question is more related to employment law. Most people are at-will employees. You may have an employee handbook or union contract that provides additional rights. That said, any physical or... View More

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1 Answer | Asked in Workers' Compensation for Indiana on
Q: Can workman's comp make me switch pharmacies? They are appealing my settlement. I was awarded palliative care.

I'm looking for statutes to back this up.

Charles Candiano
Charles Candiano
answered on May 21, 2024

Nobody can tell you whether they can make you switch pharmacies without reading the Compromise and Release that you both signed a/k/a settlement. The Compromise and Release is a formal contract that terminates the claim. It cannot be "appealed."

You say that you were...
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1 Answer | Asked in Consumer Law for Illinois on
Q: A landscaper is requesting payment for work they screwed up. What should I do?

From 2020- 2022 we had a landscaping company do a variety of work on our house. They regraded our yard, repaired our tennis court and performed standard maintenance. The problem is that everything they did was wrong. The tennis court still has cracks throughout and the yard floods every time it... View More

Charles Candiano
Charles Candiano
answered on May 10, 2024

This never happened. That is what a judge will tell you. To have an enforceable contract, you secure a bid/quote on SPECIFIC WORK, how it is to be done, when it is to be done, who is responsible for the work permits, what it will cost, and how long it is guaranteed.

You need to provide...
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2 Answers | Asked in Car Accidents for Illinois on
Q: The lady nxt door scratch bumper of my brand new car I want her to pay for the damage
Charles Candiano
Charles Candiano
answered on May 10, 2024

Unless your neighbor has an ASSIGNED parking spot adjacent to the scratch; you have surveillance video of your neighbor scratching the car; an eyewitness saw your neighbor scratch the bumper; or your neighbor admitted scratching the car (in a text, email, in front of a witness, or on video); AND... View More

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1 Answer | Asked in Workers' Compensation for Illinois on
Q: If you are injured on th job and your employer does not file protocol are they breaking the law in regard to workers com

If you are at work and hurt your back and notify you manager immediately and they give you some aspirin and muscle rub send send you home with time off without pay instead of workers compensation then you are unable to work a d they se d you to a doctor a d the doctor send them a written notice... View More

Charles Candiano
Charles Candiano
answered on Apr 8, 2024

The person who was injured is foolishly trying to handle this matter without hiring an attorney. The injured worker doesn't even realize that reporting his work injury to his employer does NOT give him any rights. To be clear, you must report the injury to your employer within 45 days but... View More

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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