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Questions Answered by Charles Candiano
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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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

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