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2 Answers | Asked in Criminal Law, Car Accidents and Elder Law for Indiana on
Q: I'm in Indiana, my father passed away. He was arrested & scheduled for court. Why do they not just drop his case?

He was arrested for leaving the scene of an accident. My husband bailed him out. If they don't drop the case, do I take his ashes so he's present? I mean what do they logically expect from us now? His 2nd court date was this morning and they're "undecided" at husband's last contact.

Charles Candiano
Charles Candiano
answered on Jan 16, 2018

Send the Death Certificate to the Prosecuting Attorney. If there was property damage or bodily injury and your father did not have insurance, the bond may be held and ordered as partial payment of restitution.

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2 Answers | Asked in Car Accidents for Illinois on
Q: It was snowing and I sideswiped a parked car. Left my # on car and going to make a police report on my lunch.
Charles Candiano
Charles Candiano
answered on Jan 16, 2018

So far, so good. What is your question.

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1 Answer | Asked in Workers' Compensation for Illinois on
Q: I have a work comp employee who recently threatened to "stab" another employee. Can we terminate without having TTD?

The employee is on light duty and we have been accommodating his restrictions. He made a credible threat to another employee with customers and other employees as witnesses. If we terminate, will we be responsible for lost time since he is on light duty?

Charles Candiano
Charles Candiano
answered on Jan 15, 2018

There are two questions: 1.) Am I justified in firing an employee who makes threats to harm co-workers; and 2.) Does termination "for cause" justify terminating WC benefits. The first question requires more explication but probably. The second question is ABSOLUTELY NOT. Even if you... View More

1 Answer | Asked in Workers' Compensation for Illinois on
Q: What does petition withdrawn mean?
Charles Candiano
Charles Candiano
answered on Jan 12, 2018

It means what it says. One of the litigants moved(asked) the Commission to do something and then later changed their mind and withdrew the request.

1 Answer | Asked in Workers' Compensation for Illinois on
Q: Can attorney place a Lien against Worker's Compensation case and claim attorney fees?
Charles Candiano
Charles Candiano
answered on Jan 11, 2018

Yes and no. Technically, there are no liens on Workers' Compensation claims. That said, at attorney CAN file a FEE PETITION with the IWCC if you fired him. An attorney is generally entitled to quantum meruit (compensation for time spent on the file) and any costs incurred such as medical... View More

1 Answer | Asked in Car Accidents and Traffic Tickets for Illinois on
Q: In an accident in Cook county and received a Failure to reduce speed/accident. I have an Indiana licence.

Method of release is Promise to Comply. The other driver involved was injured. What should I expect/be prepared for in my court date?

Charles Candiano
Charles Candiano
answered on Jan 10, 2018

The general answer to your question is highly fact-dependent e.g. How fast? What were the conditions? What are Plaintiff's injuries? What does your driving record look like? If it is clean, you want to go online at IN.gov and get a copy of it. It is always best to hire a traffic attorney.... View More

2 Answers | Asked in Workers' Compensation for Illinois on
Q: Surgeon put in plate and screws wrong in wrist on 10 4 17 (per 2nd opinion and xrays), wrist will not turn 2 months ot

I have asked for xray at last three appts with primary surgeon. Should I return so denial is documented by case worker?

Charles Candiano
Charles Candiano
answered on Jan 10, 2018

Until you have represented by an aggressive Workers' Compensation attorney, NOTHING will happen. 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... View More

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2 Answers | Asked in Workers' Compensation for Illinois on
Q: The ime and my doctor disagree My doc says I need surgery. I beleive insurer is going for MMI. Should I go forward

With surgery through my insurance wait for my lawyer to go through court etc?

Charles Candiano
Charles Candiano
answered on Jan 10, 2018

If you trust your doctor, YES, but NOT without experienced counsel to guide you and protect your interests.

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...
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2 Answers | Asked in Wrongful Death for Illinois on
Q: My great grandma fell dowb stairs delivering avon and pasted because of it. Can we sue for wrongful death
Charles Candiano
Charles Candiano
answered on Jan 7, 2018

I'm sorry for your loss. If there was a defect in the stairs AND the property owner knew about the defect and had an opportunity to correct it, you have a personal injury claim against the property owner.

Avon representatives are NOT employees, but rather true "independent...
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2 Answers | Asked in Workers' Compensation for Illinois on
Q: Husband was released back to work on full duty after injuries. Since then he has not been put back in his work truck as

he was before his injury, which is standard for his job. Now costing us $ out of our pocket to use his personal car for work purposes. They continue to blow him off on this. What rights does he have in regards to this situation?

Also-we keep hearing about a settlement from friends. Will we... View More

Charles Candiano
Charles Candiano
answered on Jan 5, 2018

If the work truck was part of his compensation package, the value should be included in the calculation of ALL benefits.

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1 Answer | Asked in Workers' Compensation for Illinois on
Q: Workers Comp requesting me to go into ICEP after my job has nothing for me due to restrictions?

Its a community voluntary service and I feel that they are doing this so they don't continue to pay me my weekly benefits. Especially if they know I have restrictions and my employer has no work for me with my restrictions.. please help

Charles Candiano
Charles Candiano
answered on Jan 3, 2018

So long as the Community Service is within your restrictions, they CAN make you go or terminate your benefits.

2 Answers | Asked in Criminal Law and Car Accidents for Illinois on
Q: Can I sue local police department for not providing me with a theft report in a timely manner? It’s been 3 weeks?
Charles Candiano
Charles Candiano
answered on Jan 3, 2018

Absolutely not! The most that you could do would be to file a Mandamus action. The theft is likely under investigation which accounts for the delay. If you need something memorializing the theft for insurance, explain that and they will probably provide it. That said, if the police are still... View More

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3 Answers | Asked in Car Accidents for Illinois on
Q: Someone rear ended me, Totaled my car. Only recd 6 mos court supervision. Anything I can do?

Also he was new driver and had other kids in his car... at court he first plead not guilty, then guilty, but only to most serious charge of failure to reduce speed to avoid an accident. Do I have any recourse???

Charles Candiano
Charles Candiano
answered on Dec 21, 2017

If you were injured, you need to consult a personal injury attorney. Criminal punishment is entirely within the discretion of the State's Attorney.

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1 Answer | Asked in Car Accidents for Illinois on
Q: When will i get muy settlement check?
Charles Candiano
Charles Candiano
answered on Dec 6, 2017

Usually 2-4 weeks after you execute a Release. Do NOT settle any claim without your doctor giving you a check-up.

You MUST repay Medicare, Medicaid, and/or your private health insurance. If a doctor or hospital "held" a bill, YOU are responsible to pay it. Your settlement...
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1 Answer | Asked in Car Accidents for Illinois on
Q: i was considered at fault for an accident involving an uninsured driver

I was turning right at a stop sign when a driver sped past me and hit my front corner of the drivers side. I was ticketed for failure to yield and also another because i couldn’t find my insurance in time before my car was towed away. The police told me i can just bring in my insurance on the... View More

Charles Candiano
Charles Candiano
answered on Dec 1, 2017

You do not provide sufficient details for any of us to render a definitive causation opinion. If you made a right turn from the left lane, you probably ARE at fault for failure to yield the tight-of-way to the car in the right lane.

If you are at fault, you or your insurance Must bear ALL...
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1 Answer | Asked in Workers' Compensation for Illinois on
Q: In Illinois, saw doc for 3 weeks before being told he won’t bill WC. Now wants payment in full for services. Options?

Was rear ended while working, saw a chiropractor & advised him it was a WC injury. 3 weeks into treatments he said he refused to file the bills through WC and I should find a new chiropractor. I just got a nearly $1k bill for the services he rendered with the knowledge of WC status. Am I liable... View More

Charles Candiano
Charles Candiano
answered on Nov 30, 2017

Ultimately, YOU are responsible. Hire an experienced Workers' Compensation (WC) attorney. He will get it paid.

WHENEVER you sustain an orthopaedic injury, always go to an orthopaedic doctor to have him make a diagnosis and coordinate your care. Their opinion will be far more...
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1 Answer | Asked in Workers' Compensation for Illinois on
Q: How long does an IL WC attorney have to submit a proposed decision?
Charles Candiano
Charles Candiano
answered on Nov 30, 2017

Usually 2 weeks. The Commission is flexible if more time is requested.

1 Answer | Asked in Workers' Compensation for Illinois on
Q: I have reached MMI in my wc claim. I have returned to full duty. I also want to quit badly. What will happen if I do?
Charles Candiano
Charles Candiano
answered on Nov 30, 2017

Discuss with your attorney. There should be no issue provided you give notice to your employer but DISCUSS with your attorney first.

If you do not have an attorney, you may or may not get a settlement and if you do, it will be much less than if you had counsel.

1 Answer | Asked in Personal Injury for Illinois on
Q: Is a Bar Owner "required" to maintain insurance to cover personal injury/assault of a customer in his establishment?

My husband has a lawsuit against a Bar because he was assaulted while in this Bar, and his attorney says the Bar owner does not have insurance to cover the injuries received while a patron of this bar. We have been advised by a Very Reliable source, that the Bar Owner is "Required" to... View More

Charles Candiano
Charles Candiano
answered on Nov 29, 2017

The bar owner IS required to maintain insurance so it can secure and renew it's liquor license. There are laws that prevent anyone from driving without insurance, yet people drive without insurance every day. It is illegal, not impossible. Many small bars that don't carry insurance own... View More

1 Answer | Asked in Workers' Compensation for Illinois on
Q: Can you sue an IME doctor in Illinois?

In a workers comp case can you sue an IME doctor that releases you to full duty when your surgeon has you on restrictions and you re-injure yourself?

Charles Candiano
Charles Candiano
answered on Nov 29, 2017

NO. That said, the reinjury is COMPLETELY COVERED by Workers' Compensation. If you had an attorney, you would not be in this position. Hire an experienced Workers' Compensation attorney ASAP.

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