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Questions Answered by Charles Candiano
1 Answer | Asked in Animal / Dog Law and Wrongful Death for Illinois on
Q: If my dog gt killed by my neighbors dog how do I go about filing a lawsuit
Charles Candiano
Charles Candiano answered on May 27, 2021

Wrongful Death law only applies to human beings.

I am a dog lover so I do not tell you this lightly. In the law, a dog is a chattel - it is only worth the fair market value of another dog so, at most, you would file a Small Claims case. Though we treat them like family and grieve their...
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1 Answer | Asked in Car Accidents and Traffic Tickets for Indiana on
Q: How long would a prior conviction effect a new case?

15 years ago I received a driving while suspended citation. I recently received another. I received the ticket because someone ran a red light and Tboned me. How will that affect the verdict/punishment? My license has zero points on it. Was a dumb mistake. I have gotten my license reinstated... Read more »

Charles Candiano
Charles Candiano answered on May 25, 2021

Your question is a bit confusing. It looks like you are saying that you drove on a suspended license for 15 years. If you live in Detroit, Michigan, why are you asking about Indiana law? You really need to consult a local traffic attorney to assess your options. print out a copy of your driving... Read more »

1 Answer | Asked in Car Accidents for Indiana on
Q: My daughter hit someone, left a note, they haven't gotten an estimate yet. How long until I'm not responsible

I asked repeatedly to get an estimate so I can pay out of pocket

Charles Candiano
Charles Candiano answered on May 16, 2021

You admit that your daughter was at fault so you are never not responsible. The other driver must file suit within two years to recover if the accident happened in Indiana.

1 Answer | Asked in Personal Injury, Wrongful Death and Divorce for Indiana on
Q: Can you be tested for poisons if you aren’t dead?

Honestly fear chemical dosing of malicious intent to disable or kill while inheritance money rapidly dissipated and displaced - obvious tampering of bank transactions evident - 150k gone in my state of undiagnosed impairment - time sick and decommissioned paralleled inheritance distribution all the... Read more »

Charles Candiano
Charles Candiano answered on May 13, 2021

You want to take care that you are not perceived as a paranoid, conspiracy theorist. That said, simply share any concerns that you may have with your general practitioner who can certainly test the presence of most harmful substances, depending upon the symptoms that you experience.

If you...
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2 Answers | Asked in Car Accidents and Personal Injury for Illinois on
Q: I was involved in a minor accident & I have no insurance. Will I have to go to court? They sent me an attorney lien lett
Charles Candiano
Charles Candiano answered on May 4, 2021

The short answer is not yet. Eventually, the other party's insurance company will secure a judgment against you in whatever amount they pay. At that time (or sooner) your license will be suspended until you pay the judgment or enter into a repayment arrangement that is acceptable to the... Read more »

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1 Answer | Asked in Workers' Compensation for Illinois on
Q: How long does it take to set up a WCMSA with medicare? Will it take months before I know something?
Charles Candiano
Charles Candiano answered on Apr 29, 2021

If the question you mean to ask is how long does it take to get approval for an MSA, the answer is that it depends how you go about it. If you have the ability and resources to do it yourself, it is possible to get approval in 45 to 60 days. If you use a third-party provider, it could take 6 to 9... Read more »

1 Answer | Asked in Traffic Tickets and Car Accidents for Illinois on
Q: I was in an accident other driver was charged with lane viol he's fighting it in court if win can state come after me?

I've been called in to testify

Charles Candiano
Charles Candiano answered on Apr 27, 2021

You asked this under Illinois law so I assume the accident was in Illinois. I cannot comment on Nebraska law as I do not practice in Nebraska.

You have been subpoenaed to testify as a State's witness. ostensibly, your testimony will support the State's contention that the...
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1 Answer | Asked in Personal Injury and Products Liability for Indiana on
Q: What recourse can I have if a medicine was defective: contained less than the correct amount of active ingredient?

I am prescribed a blood thinner with refills every 3 months. The drug came from different generic drug manufacturers with each refill. I have reasons to believe that one of them had less than the correct amount of active ingredient putting my life in danger (though I don't know if any harm... Read more »

Charles Candiano
Charles Candiano answered on Apr 27, 2021

You already said that you were NOT harmed. No harm = zero recovery in personal injury litigation. So, why do you want to go through the time and expense of ordering chemical analysis of your medicine? What am I missing?

1 Answer | Asked in Wrongful Death for Illinois on
Q: Can a probation office or officer be held accountable for a wrongful death?

After serving 7 years my son had completed 4 of his 8 years of parole. His original issues involved opiate abuse & addiction and he was ordered to abstain from alcohol and illegal drugs during his parole. The system was such that his parole consisted of a weekly automated call in number and... Read more »

Charles Candiano
Charles Candiano answered on Apr 16, 2021

No public servant has any personal liability for anything they do in the course and scope of their job. Remote check-in was extended because of the Pandemic. A parole officer is supposed to treat each parolee as instructed. If the Court did not order random drug testing or if it was suspended... Read more »

1 Answer | Asked in Car Accidents for Indiana on
Q: Tow capability of deisel trucks on the road

I have friends that have 2500 deisel pickup trucks that they pull the 5th wheel campers with. My question is regarding their weight ratings and legal ramifications in the event of an accident. For an example my friends truck has a payload capacity of 2200 pounds it can have on the truck but can... Read more »

Charles Candiano
Charles Candiano answered on Apr 14, 2021

If your friends knowingly exceed the manufacturer's recommendations and that condition contributes to an accident, your friend could have significant liability AND he would be giving HIS insurance company a great argument that they are not liable because of his affirmative decision to exceed... Read more »

1 Answer | Asked in Employment Law for Illinois on
Q: Hi !! I have been working in a company from last one year the terminate my services today for a very lame reason !!!

I was issued a warning from 27th October 2020 which was ended on 26 dec 2020 in the written document and yesterday I was told that the warning was never ended and they can terminate my services for no serious reason .

Charles Candiano
Charles Candiano answered on Apr 13, 2021

Illinois is an "at will" employment state. This means that you can quit your job at any time or your employer can terminate your job at any time with no obligation to state the reason for the dismissal or termination. The only restriction and termination is that you cannot be terminated... Read more »

1 Answer | Asked in Employment Law for Illinois on
Q: Was i supposed to get paid from employer if they told me to quarantine when husband tested positive for covid?

I tested negative.

Charles Candiano
Charles Candiano answered on Apr 13, 2021

Your employer had absolutely no obligation to pay you during a period of quarantine. You're expected to live, sleep, and eat in close quarters with your husband who was sick. If you have never heard of Typhoid Mary, Google it. Your employer has to protect your fellow employees and has to pay... Read more »

1 Answer | Asked in Employment Law for Illinois on
Q: Can I be forced onto another shift & fired for not agreeing to move?

I spoke with management and they agreed I can move to first due to my childcare situation.

Fast forward to this year I was injured and since then they’ve been looking for reasons to let me go. I returned back to work and they said I have to move to second shift or else they will deem it... Read more »

Charles Candiano
Charles Candiano answered on Apr 13, 2021

Your question is governed by your employment agreement, not by state or federal law. The only way for you to answer your question is for you to read your employment agreement or your collective bargaining agreement if you belong to a union.

1 Answer | Asked in Workers' Compensation for Indiana on
Q: Do you have to sign medical history consent to be paid work comp benefits?

I injured my shoulder, never injured before. MRI shows tear, company has suspended my family insurance, work comp insurance pressuring to gain authorization to investigate past medical history or possible denial of claim, their words in print. I'm not sure how to proceed. Work for biggest... Read more »

Charles Candiano
Charles Candiano answered on Apr 12, 2021

The WC carrier has a right to your current medical records. Why do you care if they access your past medical records? They are of no use to the carrier if they are unrelated to your work injury and the carrier has a duty to protect them. In Indiana, the Workers' Compensation carrier has an... Read more »

1 Answer | Asked in Criminal Law for Indiana on
Q: My friend was driving my car he got a dealing in possession of methamphetamine charge they found drugs on the floor

Does that make it mine because it's my car I got a possession charge probable cause charge so far

Charles Candiano
Charles Candiano answered on Apr 7, 2021

"Possession" means that something is "within your scope of control." It has nothing to do with "ownership." Drug laws intentionally make NO DISTINCTION between possession and ownership because it is contraband - illegal to have it - irrespective of whether it belongs... Read more »

2 Answers | Asked in Traffic Tickets, Car Accidents and Insurance Defense for Illinois on
Q: I'm uninsured and someone lets me drive their car also is uninsured, i got into totaled the car, i do i have to pay?

got into an accident and totaled the car*, is it required to pay them?

Charles Candiano
Charles Candiano answered on Apr 13, 2021

Pay who?

Other Car

If you were at-fault and anyone was injured or any property was damaged, you are responsible for all damages and injury that flowed from the accident. If there was another car involved and that car had insurance, it would have filed a claim under its uninsured...
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2 Answers | Asked in Contracts, Employment Law and Employment Discrimination for Illinois on
Q: Can my job fire me for not telling them I have a mental illness?

They made us sign a paper saying that I must disclose all medical conditions including mental illness and if I withhold any information and they find out I could get fired. So if I were to show up to work and told someone I had depression they said that they could fire me for that. But is this even... Read more »

Charles Candiano
Charles Candiano answered on Apr 13, 2021

Your question isn't about employment law. Rather, it is about contract law. So long as the subject in terms of the contract do not involve contraband or other illegal activity, it has long been established that a person's right to contract is unlimited. Nobody "makes" you do... Read more »

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2 Answers | Asked in Bankruptcy and Car Accidents for Indiana on
Q: First I am a disabled man that was just in an accident w/o insurance and at fault on 2/19/21(3 days before my birthday)

I'm also htv from dui's. This is the fourth time caught w/o insurance. I've already called down state to see what with them is going to happen with my license. 1 year suspension, 3 years Sr 22 insurance, and a $1000 reinstatement fee unless the judge does something else. I'm... Read more »

Charles Candiano
Charles Candiano answered on Mar 7, 2021

At present, you have no real options. Telling the Court that you are on a fixed income and disabled only gives the Court two more reasons why there is no compelling reason to give you a special privileges license. You will eventually need to file for Bankruptcy protection once the insurance claim... Read more »

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2 Answers | Asked in Traffic Tickets, Appeals / Appellate Law and Car Accidents for Indiana on
Q: is hitting a dog reason for license suspension in Indiana?, I found out I was suspended for an accident i wasn't in

was suspended for an accident involving a dog I wasn't involved in or even knew of...i got 8 kids, i cant afford this , what do i do now pro se?

Charles Candiano
Charles Candiano answered on Feb 7, 2021

In law, a dog is a chattel (an animal that constitutes property). If you leave the scene of an accident involving property damage and fail to contact either the owner of the property or law enforcement in Indiana, you commit Class B Misdemeanor which is punishable by a fine of $1,000 and/or... Read more »

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1 Answer | Asked in Contracts, Criminal Law, Civil Rights and Sexual Harassment for Illinois on
Q: RE: Surveillance Abuse, police negligence, police harassment, espionage, radiation poison and Sexual Assault via device

I'm a whistle blower who worked in the radiology department at Mercy Hospital in Creve Coeur, Missouri. I have been a victim of surveillance abuse since 2017. What do I do when being denied an attorney and police are neglecting me?

Charles Candiano
Charles Candiano answered on Jan 24, 2021

You need to re-post this under Missouri Law because the events took place in that venue.

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