Lawyers, Answer Questions  & Get Points Log In

Questions Answered by Charles Candiano

1 Answer | Asked in Wrongful Death for Indiana on

Q: Mother filled out her will, but did not have it notarized. Was married. I am her daughter, can I legally have her ashes?

She left a letter behind stating she was going to leave her husband. She filled out her will and everything was to go to my sister and I, not her husband. Mom owned the property that he is now claiming. She was cremated and I just want to know if I can take her ashes legally. I cannot leave her in... Read more »

Charles Candiano answered on Apr 22, 2019

An unwitnessed or "holographic" Will is NOT valid in Indiana, so your mother died, intestate. Under Indiana Code § 29-1-2-1, where a person who dies intestate and is survived by both children and a spouse, 1/2 of the estate passes to the spouse and 1/2 passes to the children, who take, equally.... Read more »

2 Answers | Asked in Car Accidents and Traffic Tickets for Illinois on

Q: I got crash with another car and i only have permit and my ticket is improper lane usage and i lied at first that my mom

was driving but in the end I confess that i was the one and he ask me why i lied and i told him that i’m so nervous which is true that i startled. what’s going to happen to me in the court? I’m only 16?

Charles Candiano answered on Apr 22, 2019

If a licensed adult was in the car AND a policy of insurance was in effect at the time of the accident AND there were no prior moving violations, the following are likely:

1. A moving violation conviction before age 18 generates a Secretary of State warning letter to the parent and...
Read more »

View More Answers

1 Answer | Asked in Car Accidents for Indiana on

Q: an uninsured motorist hit my parked 2002 toyota sequoia. it is not driveable. how do i get a dollar amount to take them

Charles Candiano answered on Jan 11, 2019

Have your insurance repair the vehicle. If you did not have insurance and you believe the at-fault party will pay for the repairs, pay a certified estimator to come out and estimate the damage. Tell the estimator that the cost of repair CANNOT exceed the fair market value of the car. In your... Read more »

2 Answers | Asked in Car Accidents and Traffic Tickets for Illinois on

Q: Can i get a ticket off my record that was listed wrong?

I got a ticket for failure to yield because i had accident. I was turning left on a one way street the correct way. When i had court i asked for a new date because i was sick. I got a paper in the mail saying i was found guilty of turning the wrong way on a one way street which is inacurate. The... Read more »

Charles Candiano answered on Jan 11, 2019

On your facts, the judgment was vacated which means that you don't have a ticket on your record. On your facts what you have on your INSURANCE record is an at-fault accident as reported by your insurance company. If you had appeared and asked for a continuance or hired an attorney to ask for a... Read more »

View More Answers

2 Answers | Asked in Criminal Law and Car Accidents for Illinois on

Q: Can my friend stepmother press personal property damage charges on me? I was not the driver but the vehicle is mine.

My friend was the driver and hit her stepmother vehicle. The front fender has a minor dent but major scratches. I offered to pay for the damages because it was my vehicle even though I was not driving, my close friend was. Since I work part time and only make about 500.00 take home weekly I asked... Read more »

Charles Candiano answered on Dec 28, 2018

I have no idea what you are asking. "Press charges" is a silly term that usually refers to someone to asking the State's Attorney to file minor criminal charges against someone. If that is what you mean, I assume you did not have insurance on the car and the stepmother wants to charge her... Read more »

View More Answers

1 Answer | Asked in Workers' Compensation for Illinois on

Q: Husbands been on Workmen's Comp since 1978, needs additional surgery recommended by Doctor.

Can workmen's comp deny surgery?

Charles Candiano answered on Dec 21, 2018

Absolutely! The doctor MUST explain how the need for surgery is related to the original injury.

For Illinois Workers' Compensation claims, you will ALWAYS cheat yourself if your do not hire experienced counsel. You will have someone to guide you through the process AND when it is time...
Read more »

2 Answers | Asked in Car Accidents for Illinois on

Q: Can I discover if my car was stopped too closely to an emergency technician bringing a patient to the truck

An emergency technician might have taken a photo of my plates.

Charles Candiano answered on Dec 17, 2018

Why does it matter? If you are charged with an offense and you claim an EMT has photos that prove otherwise, of course, you may secure them with a Subpoena.

View More Answers

2 Answers | Asked in Car Accidents for Illinois on

Q: The insurance agency says it'll provide me with an attorney - should I do that or hire someone privately?

Charles Candiano answered on Dec 14, 2018

This is one of the reasons that you buy insurance. They have a duty to defend you, if you should cause an accident. The attorney who they will assign is paid for. Why would you want to pay, again? This is not like the difference between a public defender and a private, criminal defense... Read more »

View More Answers

1 Answer | Asked in Wrongful Death for Illinois on

Q: How many survivors can be compensated for a person's wrongful death? If a mother dies, can her spouse and children all

recover damages?

Charles Candiano answered on Dec 11, 2018

Absolutely! The Court would request that family information and must authorize the distribution. If a standard scheme is used (i.e. all share equally or surviving spouse takes 1/2 and 1/2 is divided among the children), the Court will summarily approve the distribution. If something different... Read more »

2 Answers | Asked in Car Accidents for Illinois on

Q: My friend was visiting from Europe and was in an accident - can she pursue a claim here?

Charles Candiano answered on Nov 24, 2018

Certainly. The only problem is with logistics. When you file suit in Illinois, you MUST make yourself available to be deposed and for trial in Illinois. If the plaintiff needs to be deposed or proceed to trial, she must return to Illinois.

View More Answers

1 Answer | Asked in Personal Injury for Illinois on

Q: Who's at fault? Insurance denying claim

I was involved in an accident in the slick weather the other night. I was rear-ended by someone who is saying he was rear-ended. His insurance is denying my claim because the mystery car is liable. Problem is, neither he or I ever saw this other car. It's purely his word that he was hit. He asked... Read more »

Charles Candiano answered on Nov 21, 2018

It is absolutely reasonable for his insurance to take this position. If the only reason he hit you is because someone hit him, he is not liable. In turn, his insurance company is not liable. That said, common sense should reign. It would be nearly impossible for his card to be hit hard enough... Read more »

1 Answer | Asked in Personal Injury and Products Liability for Illinois on

Q: How do I file a case for a exploding glass milk bottle that caused boldly harm

The glass milk bottle was sitting in the sink. Was being washed out and exploded

Charles Candiano answered on Nov 21, 2018

The situation you explain is simply not possible. A glass bottle cannot explode any more than a water glass can explode. On the other hand, if a sealed milk bottle was in the sink, before it had been washed, it is certainly possible for back area growth to result in sufficient pressure to cause... Read more »

1 Answer | Asked in Wrongful Death for Illinois on

Q: If my brother filed a wrongful death claim for our father, does that mean only he would get money from the suit and not

the rest of the siblings?

Charles Candiano answered on Nov 20, 2018

No, he is just the name on the lawsuit. When the case is tried or settled, the Court will have to approve a distribution of the funds. Siblings generally take equally.

2 Answers | Asked in Personal Injury and Car Accidents for Illinois on

Q: The woman who hit my car won't contact her insurance company so they won't pay for my medical or repair.

I have liability w/ medical but lawyer says wait for settlement & fix yr own car? If my insurance pays medical will I have no settlement or more $ to fix my car? Or can they still sue to get her insurance to fix?

Charles Candiano answered on Nov 21, 2018

They don't have to pay if she does not cooperate. there must be some misunderstanding. It makes no sense for your attorney to instruct that you repair the car with your own money. Remember, personal injury attorneys are generally not concerned about property damage beyond whether there is... Read more »

View More Answers

1 Answer | Asked in Workers' Compensation for Illinois on

Q: I do piece work - can I still file a claim?

Charles Candiano answered on Nov 12, 2018

Absolutely. Sooner rather than later.

1 Answer | Asked in Personal Injury for Illinois on

Q: Would I be able to involve my son's

friend in a suit if I feel he is the one that encouraged him to speed and then he got in an accident? Could it get my son off the hook?

Charles Candiano answered on Nov 12, 2018

If your son was driving, he is responsible for the accident unless a passenger grabbed the wheel or depressed the accelerator.

1 Answer | Asked in Car Accidents and Insurance Bad Faith for Indiana on

Q: I was involved in a auto accident at no fault. My Insurance is lying and putting off settling the claim.

I was entering a intersection as my light turned yellow, going straight, a girl coming from the opposite direction, in the left turning lane, turned right into me. This happened the 20th of October. We both have Geico Insurance, and they have both of us at no fault. They have 2 statements verifying... Read more »

Charles Candiano answered on Nov 12, 2018

If Geico says you were not at fault and you go through your policy, your car will be replaced, immediately, less your deductible which Geico must return to you on your facts. What's the problem?

1 Answer | Asked in Workers' Compensation for Illinois on

Q: I hurt back at work reported it to boss. Went to doctor but used my insurance. Since I have also went to ER what do I do

Doctors X-rays said inflammation arthritis 2 days off work then 6 days back to work landed me in ER cat scan showed 2 bulging discs. Boss has told me take as much time as needed and he can always find something for me to do at work. I have given my personal insurance for doctors and Er visits, not... Read more »

Charles Candiano answered on Nov 12, 2018

This is why you need an experienced Workers' Compensation attorney. You are entitled to be paid for every day you cannot work due to your injury or you earn less money because of restrictions. Back injuries are among the most debilitating. No matter what your boss says, if you need surgery and... Read more »

1 Answer | Asked in Workers' Compensation for Illinois on

Q: If a court finds that my workers' comp benefits were improperly calculated, could I have to repay some of them to my

employer?

Charles Candiano answered on Nov 5, 2018

Workers' Compensation questions are before the Workers' Compensation Commission. YES, if you were overpaid, you can owe money. If this is the case, it is usually learned early-on. In that case, it can be deducted from the permanency. Discuss your claim with an experienced attorney in this area... Read more »

2 Answers | Asked in Car Accidents for Illinois on

Q: I was involved in a car accident 10/19/2018. No liscence or insurance...

On 10/19/2018 I was driving down Butterfield Rd at approximately 50Mph (Road speed limit 50) this road is a 2 way only with cars being able to pull out from right hand side to make either a left or a right hand turn. I was reaching dupage Pkwy when a car decided to fail to yield to a stop sign and... Read more »

Charles Candiano answered on Oct 31, 2018

The other driver was cited and is at-fault. Your failure to have a valid license or insurance is irrelevant. If you had insurance, you could make a claim on your policy to expedite recovery or to get more money if you had higher limits than the other driver. You have very little chance of... Read more »

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.