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Questions Answered by Charles Candiano
1 Answer | Asked in Car Accidents for Indiana on
Q: Parked in nearly empty lot. Back out with no car in sight. About to go forward and I'm hit. I'm at fault?

I was one of three cars. The other one was a mile away. One was driving. He was in another lane. I back out. About to put my car in drive and I get hit. Damage to my rear driver side bumper and his front passenger side bumper. Everyone is ok. But because my car was in a backing motion, I was deemed... View More

Charles Candiano
Charles Candiano
answered on Mar 12, 2018

Your facts are not as clear as they might be. If you are saying that you misjudged the speed of a car which had the right-of-way and you got hit, the accident is clearly your fault, irrespective which gear you were in.

2 Answers | Asked in Workers' Compensation for Illinois on
Q: My workmans comp insurance stopped paying for my physical therapy. My own doctor says I need more. It's a torn Achilles

I had surgery for the torn Achilles tendon, and when therapy began it was fine at first, then became sporadic, due to the insurance not approving it on time, and being unavailable when I called & left messages, and my calls were never returned. After I got approval to return to work, they... View More

Charles Candiano
Charles Candiano
answered on Mar 8, 2018

You are being generally ignored just like all injured workers who represent themselves. If you needed PT 4-5 months ago, it is unlikely that it will help now. Hire an attorney who is experienced in these matters. We would be happy to provide a consult without cost or obligation.

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2 Answers | Asked in Car Accidents for Illinois on
Q: My son was in an accident he is 26 never had a ticket or other accident he was in stop and go traffic foot slipped hit

The car in front of him. Can he get court supervision and not get it on his record? He did get a ticket for following to close for conditions

Charles Candiano
Charles Candiano
answered on Mar 5, 2018

As long as he had car insurance, he almost certainly can. Hopefully a police report was made from the scene. You do not say whether he was cited.

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2 Answers | Asked in Workers' Compensation for Illinois on
Q: How long does it take to get w/c settlement check after signed by arbitrator? They signed it onfeb 6.
Charles Candiano
Charles Candiano
answered on Mar 5, 2018

Your attorney will receive the check within 30 days (often 2 weeks) UNLESS you work for the County or CPS or some other entity that requires Board approval. e.g. It can take up to 12 weeks to get checks for employees of Cook County. Ask your attorney.

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1 Answer | Asked in Car Accidents for Illinois on
Q: Car accident. .fault of the other party ..my car considered totalled

The other party's insurance says they will only cover 3 days for rental. My car was totalled and I will not receive payment to pay my car loan off (that I am also still paying) for up to 60 days. I am now paying out of my pocket for a rental when the other party hit my car and is at fault.... View More

Charles Candiano
Charles Candiano
answered on Feb 28, 2018

Only if the at-fault driver purchased rental coverage. If the at-fault driver's insurance issued payment for the fair market value of your car within 3 days, their obligation is ended. If rental coverage was so important, you could have purchased it on your own policy.

1 Answer | Asked in Car Accidents and Insurance Defense for Indiana on
Q: My husband and I wrecked our motorcycle a few years ago and we we're unaware that our insurance had lapsed
Charles Candiano
Charles Candiano
answered on Feb 28, 2018

The insurer is required, by statute, to let you know, in writing, that your insurance has lapsed. Most insurance companies make the advisement BEFORE the policy expires/lapses. If you were paying, monthly, there would be no opportunity to write to you before the policy lapsed or they would be... View More

1 Answer | Asked in Workers' Compensation for Illinois on
Q: Are we required to bring x-rays, images & medical reports to an IME, if our insurance paid for them. Can IME keep them?

My wife was injured at work in 2017 and it was a workers comp issue. Over the last 2 months pain (from pinched nerve in neck) came back and cannot work. We are in the process of trying to reopen claim which is why IME is needed.

Charles Candiano
Charles Candiano
answered on Feb 27, 2018

You should bring them if you have them. They will NOT keep them. Your wife really NEEDS an attorney to represent her.

For Illinois Workers' Compensation claims, you will ALWAYS cheat yourself if you do not hire experienced counsel. You will have someone to guide you through the...
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2 Answers | Asked in Car Accidents, Civil Rights and Small Claims for Illinois on
Q: What kind of a lawyer do I need to get

I had no car insurance on my vehicle and my boyfriend was driving my car and he was not insured at the time either.. I only have sr22 that’s it.. he got in a very bad car accident and hit another vehicle.. the guy he hit was in the hospital for only 3 days and now he wants to sue me because it... View More

Charles Candiano
Charles Candiano
answered on Feb 23, 2018

Your insurance had lapsed so what insurance you WOULD have had IF you paid the premium is irrelevant. If your boyfriend DID CAUSE the accident, you AND your boyfriend are BOTH individually and severally liable for the damage to the other vehicle, any damage to public or private property, and the... View More

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3 Answers | Asked in Car Accidents for Illinois on
Q: I was in a car accident that was the other driver's fault. Turns out they did not have insurance.

They provided proof of insurance at the time of the accident but it turns out it was expired. Can I sue them to get my deductible back as well as for the time I have invested in this?

Charles Candiano
Charles Candiano
answered on Feb 20, 2018

You don't need to sue anyone. You or your insurance company simply report the accident to the Secretary of State. They will suspend the driver's license, indefinitely until you and your insurance company are paid. The at-fault driver must pay or discharge in bankruptcy.

A...
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1 Answer | Asked in Car Accidents for Illinois on
Q: Car slid ditch. AAA Drived told full recovery . totaled. Where find lawyer

Gave many false statements.township not advised..not told to tow. Car had no bady damage. Door was crumpled though hit nothing..

Township called by local . pre tow pics show that car had no body damage aside from front.

Though tow company stated the culverts were multiple... View More

Charles Candiano
Charles Candiano
answered on Feb 18, 2018

If multiple vehicles were necessary for traffic control to effect vehicle recovery, the cost would be higher.

The rest of your question is unintelligible as written. Please re-submit your question using proper syntax.

2 Answers | Asked in Car Accidents for Indiana on
Q: my wife rear ended another vehicle who’s driver did not have insurance. Is my wife still at fault?
Charles Candiano
Charles Candiano
answered on Feb 9, 2018

Fault has nothing, whatever, to do with insurance. If your wife is at fault, she is at fault.

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1 Answer | Asked in Workers' Compensation for Illinois on
Q: My weekly checks from work comp have stopped coming how long can they legally not pay the weekly checks?
Charles Candiano
Charles Candiano
answered on Feb 7, 2018

Your question belies a misunderstanding of the process. What is the penalty for driving 80 mph in a 50 mph zone WHEN YOU KNOW IT IS NOT PATROLLED. Your not having an attorney creates the same situation. There is nobody to force the insurance company to pay. Hire an experienced Workers'... View More

1 Answer | Asked in Car Accidents for Illinois on
Q: I was in a traffic incident where the other car was in the middle of the intersection because of stopped traffic in fro

and the the light turned red so i had to make my left turn, but the car was in the way, so i tried going but i left a very minor scratch on the car as i was turning. i dont have insurance and the owner of the other car made a police report and said it was a hit and run, even though i stopped and... View More

Charles Candiano
Charles Candiano
answered on Feb 5, 2018

NEVER drive without insurance. ALWAYS make a police report, even if you have no insurance. It is your word against the other driver as to whether you stopped to exchange information. If you didn't stop, how did the other driver get your information?

If at all possible, consult a...
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1 Answer | Asked in Car Accidents and Traffic Tickets for Illinois on
Q: I have 2 tickets and 1 my fault accident. In 2 mos. should I go to traffic school and before the judge in court also

I am signed up for. Traffic school for first ticket. Then had an accident with a ticket. So goin before the judge on that 1. All this in 2 mos time. Will it all raise my ins. Sky high

Charles Candiano
Charles Candiano
answered on Feb 4, 2018

We are here to answer legal questions. Only your insurance agent can tell you, for sure. Common sense tells you they are not going down. If you have a fantastic driving record, you may even lose your insurance. Ask your agent.

1 Answer | Asked in Workers' Compensation and Legal Malpractice for Illinois on
Q: What do you do if you feel your attorney is screwing you around?

My attorney, myself, and employers attorney signed settlement contract. Although I signed November 21, 2017 it was then sent to employer attorney who sat on it until December 26, 2017. The case was dismissed November 13, 2017 so my attorney filed to reinstate it just to be on the safe side. A new... View More

Charles Candiano
Charles Candiano
answered on Feb 1, 2018

You need to understand the strategy. Your attorney could have simply had the contracts approved in January. It was prudent to file the Motion to Reinstate because that MUST be done within 60 days to resurrect the case. The fact that he filed the Motion to Reinstate, DOES NOT PREVENT HIM FROM... View More

1 Answer | Asked in Car Accidents and Criminal Law for Indiana on
Q: What happens in a 1 man car crash with injury’s, no arrest/ charge and on probation then notified of Warrants 2 yrs late

The person is on felony probation now after being released from prison only due to the sentence being amended , (this is a 2012 conviction.)

In Jan. Of 2016 he hit black ice and crashed his car into a stone bridge wall crushing the Right side of his body. He had to be life lined to St... View More

Charles Candiano
Charles Candiano
answered on Jan 29, 2018

So, his defense is that WHILE HE WAS ON PROBATION, he got so drunk and so high that he crashed his car and injured one or more other people? This must obviously be discussed with an experienced local defense attorney ASAP.

At the time, OWI Resulting in Serious Bodily Injury was a Felony,...
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2 Answers | Asked in Car Accidents for Illinois on
Q: What medical amounts should I use when preparing my Pain and Suffering settlement proposal in an auto accident case?

For instance, one EOB shows Total Charges of $344 and Amount Allowed (and paid by) is $196.08. Can I expect the insurance company to consider my proposed settlement amount for Pain and Suffering to include $344 or just the discounted $196.08?

Charles Candiano
Charles Candiano
answered on Jan 26, 2018

All demands in Illinois are based on the amount charged by the provider, NOT what your insurance paid. By responding, without counsel, you are shooting yourself in the foot and guaranteeing a lower settlement. Moreover, if you health insurance actually paid $196.08, you OWE them that amount if... View More

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2 Answers | Asked in Workers' Compensation for Illinois on
Q: I work in construction and travel. I live in IL injured in Virginia. In which state should I Persue this wc claim?

I'm unsure which WC law would benefit me best. I suffered a herniated lumbersacal disc with ridiculapathy and I will need surgery.

Charles Candiano
Charles Candiano
answered on Feb 26, 2018

Illinois WC benefits are among the best in the Country. It is unlikely that you will find one attorney who is familiar with both state's WC laws. I quick check yields the finding that the maximum weekly compensation in Virginia is $1,043 while the maximum in Illinois is $1,085, with no... View More

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2 Answers | Asked in Workers' Compensation for Illinois on
Q: What do you do when your attorney wont return your call. An its a work comp case.
Charles Candiano
Charles Candiano
answered on Jan 22, 2018

Workers' Compensation attorneys typically carry a very heavy caseload and often find that they must prioritize return calls. The LAST call to be returned will be the message that reads "Please call Mary Smith." Leave a more meaningful question like "Where do I send this... View More

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2 Answers | Asked in Workers' Compensation for Illinois on
Q: Is workers comp obligated to reimburse mileage driven to and from doctors and physical therapy?

Have been injured since June 2017 and this has not been brought up once from their side. How can I go ahead and make sure this is taken care of and can they deny it.

Charles Candiano
Charles Candiano
answered on Jan 21, 2018

It really depends on the circumstances. The short answer is yes. It is impracticable and petty to keep track of mileage for short trips. Long trips and any IME's must be paid for. Without an attorney, how do you intend to seek reimbursement. Most attorneys will choose NOT to request it... View More

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