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Questions Answered by Charles Candiano
1 Answer | Asked in Contracts for Indiana on
Q: I got married in August of 2018 where I contracted and paid a business to film our wedding day.

Within the contract it stated that our film would be returned to us within 7 weeks following our wedding. It has now been 8 months. By law is the business required to refund my money as they did not meet contracted agreement?

Charles Candiano
Charles Candiano answered on May 7, 2020

You need to read the contract. Whatever it states is what you agreed to as "the law." If the contract states that "video shall be provided to customer on or before October 1, 2019. Failure to do so entitles customer to demand a full refund..." or words to that effect, you... Read more »

1 Answer | Asked in Personal Injury for Indiana on
Q: Where do I report a healthcare practitioner? I have been extremely unwell... Little has been done to help the situation

Over the last few years I have become very unwell. I was a normally functioning person but became unwell and am still unwell. When I go to a medical provider, nothing is done to actually acknowledge what's wrong. Many times they say something similarily equal to "nah". My... Read more »

Charles Candiano
Charles Candiano answered on May 7, 2020

Complaints are filed with the Attorney General at https://indianaattorneygeneral.secure.force.com/ConsumerComplaintForm

On your facts, you may simply wish to seek a second opinion from another doctor as you do not describe any conduct that suggests the doctor is causing harm to you or...
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1 Answer | Asked in Land Use & Zoning for Indiana on
Q: I just found out that my neighbor’s garage is on my property. What recourse do I have?

I have lived in my house for over 12 yrs and just decided to fence in my yard. The neighbor has tried to buy part of my side yard several times. I am pretty sure that he knew his garage was on my property. I am not interested in selling any of my land. I wouldn’t have known any of this if I... Read more »

Charles Candiano
Charles Candiano answered on May 7, 2020

Discuss your options with a local real estate attorney. On your facts, you could compel your neighbor to move the structure. If the infringement is inches and you intend to live next door to this person, you may want to consider some other arrangement, under the guidance of an attorney.

1 Answer | Asked in Car Accidents for Indiana on
Q: I was pulled over and arrested in illinois. They towed my car and I went to jail. There is a article 36 hold on it.

When will I know if they are seizing it

Charles Candiano
Charles Candiano answered on May 7, 2020

The words may be getting in the way. The police already HAVE seized your car pursuant to Article 36 which is a statute in the Illinois Criminal Code, found at 720 ILCS 5/36-1. The State will now begin the process of asset forfeiture. If you make a demand for trial, the State must be able to... Read more »

3 Answers | Asked in Employment Law for Indiana on
Q: I worked as a instructor for a trucking company, we didnt get paid overtime even though we werr forced to work over 40

They said its because we were classified as drivers, however we never drove, never kept logs. We were all either severenced or furloughed on 4/24, but were told we were non driver personnel..how can you not pay us overtime by saying were considered drivers but then labeled non driver to furlough or... Read more »

Charles Candiano
Charles Candiano answered on May 7, 2020

On the issue of overtime, simply complete this online form with the Illinois Department of Labor at: https://www2.illinois.gov/idol/SiteAssets/Pages/Complaints/Wage%20Complaint%20English%20Form.pdf

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1 Answer | Asked in DUI / DWI, Traffic Tickets and Car Accidents for Indiana on
Q: What is the rules on driving a moped in Indiana?

Like I head people who lost there licence can drive mopeds still I tryed looking it up online but im getting mixed results saying you need a licence or a moped license or even just an ID. I currently do not have my licence do to anxiety driving with someone so after i heard about this i thaught... Read more »

Charles Candiano
Charles Candiano answered on May 4, 2020

Your local license branch can walk you through the process. The following is from AAA's digest or motoring laws and seems accurate:

Owners of mopeds or scooters with engines smaller than 50 cubic centimeters must apply for a registration. Such mopeds or scooters will receive license...
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1 Answer | Asked in Car Accidents and Insurance Bad Faith for Indiana on
Q: Car insurance didn't approve accident.

I have insurance on my vehicle as well as my husband and daughter in laws. Were all covered for all cars. My dil got into an accident 2-19. Her car is in my son's name. Hes in the navy and will be gone for 8 years, so we don't have him on the insurance. Now they're refusing to cover... Read more »

Charles Candiano
Charles Candiano answered on Apr 16, 2020

With the exception that you must purchase insurance in a minimum amount, the terms of your auto insurance are governed by your policy, NOT by law. So it is not possible to tell you whether the exclusion is "legal or illegal." An insurance policy is a contract so it can specify whatever... Read more »

Q: What type of legal document do I need to file to request that a court ORDER Unemployment Agency to take paper Applicatio

I am from Illinois and I recently tried to file for unemployment due to COVID-19 by mailing a paper copy of the official IDES unemployment form(which I downloaded and printed from a PDF file on their website).

I received a call days later that they would not accept paper applications and... Read more »

Charles Candiano
Charles Candiano answered on Apr 12, 2020

In general, an agency has the ability to promulgate administrative rules. If their refusal to accept a paper application effectively denied your benefits, it might be possible. Under the current circumstances where the majority of the population is under a stay-at-home order, nearly all government... Read more »

3 Answers | Asked in Car Accidents, Employment Law and Personal Injury for Indiana on
Q: indiana subrogation lien from WC, 3rd party fault ( car accident) what is included in the lien? pay & medical?

I am writing a demand letter & want to ask for a lower lien amount

Charles Candiano
Charles Candiano answered on Apr 5, 2020

if you were trying to handle this on your own, you are in trouble. these two, entirely separate and distinct actions: 1.) you have a Worker's Compensation which is a Board member of the Indiana Workers' Compensation Board; and 2.) you have a traditional lawsuit in the Circuit Court for... Read more »

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1 Answer | Asked in Employment Law for Illinois on
Q: As a legal adult in Illinois, can my boss tell my parents I’m in trouble at work?

She doesn’t know them and barely knows me. They are not my emergency contact. She said she was going to talk to me about it but hadn’t muttered a word to me about it the 2 days I worked the same day as her.

Charles Candiano
Charles Candiano answered on Mar 29, 2020

She cannot divulge your medical history. Without commenting on the propriety, it is not illegal for her to tell ANYONE that you are in trouble at work, provided that she states only facts.

1 Answer | Asked in Workers' Compensation for Illinois on
Q: My father has been diagnosed with non small cell lung cancer and he was exposed to asbestos can he sue ?

When my dad was younger he worked in an installation company and he believes he was exposed to asbestos. Although his cancer is non small cell can he still sue even though it’s non mesothelioma

Charles Candiano
Charles Candiano answered on Mar 29, 2020

Worker's Compensation is an area of law that deals with injuries sustained work. It is a statute that is administered by the Illinois Worker's Compensation Commission. if someone sustains a work injury, Worker's Compensation is the exclusive remedy. In other words, they CANNOT sue... Read more »

3 Answers | Asked in Employment Law, Workers' Compensation, Public Benefits and Small Claims for Illinois on
Q: Can I file for TTD benefits while I work w/ a laywer to file workmans comp if my employer wouldn't report my injuries?

After an incident at work over the holidays I saw my DR & found out I have bilateral carpal tunnel w/severe damage in my right wrist. She advised me not to return to work until after seeing an orthopedic specialist for possible surgery. I told her that I couldn't afford to & she agreed... Read more »

Charles Candiano
Charles Candiano answered on Mar 29, 2020

If you hired an attorney, that is the FIRST thing he should have done after filing your paperwork. If your employer never reported the claim, it will probably be classified as "disputed" which means that it may not receive any benefits until after a hearing. Given that hearings were... Read more »

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1 Answer | Asked in Car Accidents for Indiana on
Q: when i get pulled over will i get in trouble if i dont have it in the car can i call parent to prove insurance?
Charles Candiano
Charles Candiano answered on Feb 26, 2020

You are required to keep the information in the car. In a worst-case scenario, you get a citation which will be dismissed if you take a letter to Court FROM YOUR INSURANCE COMPANY, that confirms that the vehicle you were driving WAS COVERED on the date you were stopped. That said, the officer was... Read more »

2 Answers | Asked in Workers' Compensation for Illinois on
Q: If I decide to take ptd wkly pymnts instead of taking a lump sum in my wc case is that still considered a settlement
Charles Candiano
Charles Candiano answered on Feb 20, 2020

NOBODY is going to pay you every week, for the rest of your life, unless the Commission Orders them to do so. It is certainly possible for the parties to stipulate if they are in agreement but they must still go through the formality of making a record. It is not for you to "decide."

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2 Answers | Asked in Workers' Compensation for Illinois on
Q: Trying to figure out an estimate on a workers comp ptd settlement. My wkly ptd rate is $484, my life expectancy is 37.5
Charles Candiano
Charles Candiano answered on Feb 19, 2020

If you qualify for Permanent Total Disability, DO NOT SETTLE! You are entitled to receive ‭$25,168 per year, for your life AND all of your medical care that is related to the accident. Given that you are permanently disabled, you would be Medicare eligible but Medicare will refuse to pay your... Read more »

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2 Answers | Asked in Workers' Compensation for Illinois on
Q: Why haven't opposing counsel returned the contract I signed to settle my w c case since August 2019. I have an attorney.

My attorney says they are not responding to him and don't know what is the hold up. I'm sure there is something he could be doing instead of just waiting for them to respond, it's been nearly 6 months.

Charles Candiano
Charles Candiano answered on Feb 19, 2020

There is more to this. When two attorneys agree on case value, the defense attorneys insist on preparing the contracts because they can charge the insurance company for the service. I have NEVER received agreed contracts that were NOT already signed by the defense attorney BEFORE I or my client... Read more »

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1 Answer | Asked in Employment Law and Workers' Compensation for Illinois on
Q: Can I still collect unemployment if I start unpaid TOP job training in Illinois?

It is two nights a week, 6:30-9:30pm, and Saturdays. That still leaves me available for regular job hours.

Charles Candiano
Charles Candiano answered on Feb 4, 2020

Not legally. To collect unemployment, you must be actively seeking employment AND Both Willing and Able to accept a job. If you are in formal training, you are NEITHER willing nor Able to accept a job, if offered, nor are you actively seeking employment.

1 Answer | Asked in Car Accidents for Indiana on
Q: our car was hit outside our home. other party fled on foot, how do i proceed
Charles Candiano
Charles Candiano answered on Dec 27, 2019

Report the accident to the police, immediately, and forward the report to your insurance. If you didn't have comprehensive coverage, you can write to Indianapolis with the license plate and VIN (from police report) to enquire as to whether the car was covered by any policy of insurance at the... Read more »

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