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Questions Answered by Charles Candiano
1 Answer | Asked in Car Accidents for Indiana on
Q: I was recently in an auto accident as the only passenger in the vehicle and the driver was intoxicated, need advice

Hello, I was recently in a very bad accident, the driver was intoxicated and at fault, I was the only passenger in the vehicle and we did not hit any other vehicles, I suffered a c4 fracture and must wear a neck brace for a month and be out of work for that month, he only had liability insurance... View More

Charles Candiano
Charles Candiano
answered on Oct 31, 2017

Unless you have insurance, in excess of 25,000, you have no recourse, irrespective of your injuries. If you do have auto insurance with higher limits, any personal injury attorney can assist you.

1 Answer | Asked in Car Accidents for Indiana on
Q: Being sued in small claims court for 5k, can't afford to pay what do I do?

I'm being sued bc I got into an accident and I had no insurance at the time. They want 5k for there totalled car. I can't afford to pay that and have no money to give. What do I do?

Charles Candiano
Charles Candiano
answered on Oct 25, 2017

If you can't afford insurance, you can't afford to drive.

Your driver's license will be permanently suspended unless you enter into a repayment agreement. Moreover, if the other driver had insurance, their insurance paid the claim and they will secure a judgment against you...
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1 Answer | Asked in Workers' Compensation and Employment Law for Illinois on
Q: If someone has been paid under $599.00, will they still be considered a 1099 and we would need proof of insurance?

These people have been considered in our payroll and our workman's comp audit. Even though they were paid under $599.00 in a year. Can the auditor included them in our audit?

Charles Candiano
Charles Candiano
answered on Oct 24, 2017

Whether someone earns $599.00 or $599,000.00 has nothing to do with whether they are/were an employee. Control over their work, scheduling, and who owns the tools are all much more important factors.

2 Answers | Asked in Car Accidents for Illinois on
Q: Can I be sued by my father for wrecking his car As a minor if I was on his insurance as liability

I was 17 living with him I told him I would fix it and he told me no he would do it one day. The vehicle isn’t drivable right now. I ended up moving out because he threatened me and I didn’t want any ties with him. I got told by a sibiling that he was gonna sue me. I don’t have proof that I... View More

Charles Candiano
Charles Candiano
answered on Oct 18, 2017

If you wrecked a car that belonged to your father, you are responsible to pay him if he sues. The accident was your fault and you chose to drive with liability, only.

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1 Answer | Asked in Car Accidents and Criminal Law for Indiana on
Q: In a hearing for an EPO, can I inform the judge that someone that I don't know has also filed an EPO against the person?

Both applications are for stalking and harassment.

Charles Candiano
Charles Candiano
answered on Oct 15, 2017

This has nothing to do with car accidents. If it has been filed, the Court should know about it. The fact that someone else filed for similar relief is irrelevant to your particular situation.

1 Answer | Asked in Car Accidents for Indiana on
Q: Can I get money back from a accident?

I was in a car accident on June 12, 2017. The other driver (who was at fault) did not have a license, did not have insurance nor was the car he was driving covered under a valid policy. In the days following the accident I spoke with someone from his 'insurance' company and was told... View More

Charles Candiano
Charles Candiano
answered on Oct 12, 2017

Whether it is a hardship for you to pay has NOTHING to do with anything. This should have been put through your own insurance from the beginning, given the uncertainty of the defendant's coverage. You would have had your car back in a week.

Demand that the defendant's insurance...
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1 Answer | Asked in Car Accidents for Indiana on
Q: I bumped a car almost 2 years ago they accepted the $500 from the insurance company but now they want to sue can they?
Charles Candiano
Charles Candiano
answered on Oct 11, 2017

If the payment was made by the insurance company, NO. ALL insurance companies require that a Release is executed BEFORE they pay any money. If you are sued, give the documents to your insurance company immediately. They will have the matter dismissed.

1 Answer | Asked in Wrongful Death for Illinois on
Q: My son was at fault in a car accident

- the other person said he was fine at the time and never told the police he was injured, but then about a week later he died. Will my son get sued for wrongful death?

Charles Candiano
Charles Candiano
answered on Oct 9, 2017

We are attorneys, not soothsayers. 1.) It all depends upon whether the death is relatable to any injury sustained in the accident; and 2.) If your son is sued, his insurance will pay EVERYTHING, including his attorney. There is no cause for concern.

1 Answer | Asked in Workers' Compensation for Illinois on
Q: What happens if you are off work due to a back neck hip & shoulder injury & get pregnant???

Been off work since May 24th & found out 3 months pregnant on Sept 3rd... Got pregnant after being attacked at work... What now???

Charles Candiano
Charles Candiano
answered on Oct 9, 2017

It simply is not possible for you to have been worked up for a back injury without the doctor noticing you were pregnant. Moreover, how will you credibly explain that you were pregnant for 3-4 months BEFORE you suspected? If you were sexually attacked at work, all cost related to the pregnancy... View More

1 Answer | Asked in Workers' Compensation for Illinois on
Q: Why would an IME be asked to be done after I've been diagnosed and first round of treatments didn't work so why now

Its been 3 years of pain and just got diagnosed with tos about 9 months ago and now they want me to do an IME after they had a doctor try and treat but was unsuccessful with his treatments. Why would they want an IME after doing like 3 already and it's 3 years into the case

Charles Candiano
Charles Candiano
answered on Oct 2, 2017

Respondent has a right to request a Section 12 Examination at any time. Failure to attend will result in termination of benefits. If you are not represented, consult an experienced Workers' Compensation attorney ASAP.

For Illinois Workers' Compensation claims, you will ALWAYS...
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2 Answers | Asked in Car Accidents and Traffic Tickets for Illinois on
Q: The police officer put the wrong year of the car that hit my car on the report and put a different year on the ticket he

Gave me how can i get that ticket dismissed

Charles Candiano
Charles Candiano
answered on Oct 2, 2017

No. If you demand a trial, the officer will identify you as the driver to whom he issued the ticket and simply fess up to the clerical error.

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1 Answer | Asked in Workers' Compensation for Illinois on
Q: If i own my own company and am not llc or inc. And i get hurt working For a different company i was helping.

Am i entitled to any work comp from my business or premium as i cant do either job now

Charles Candiano
Charles Candiano
answered on Sep 21, 2017

If you were injured while you were an employee of another company, you may be entitled to Workers' Compensation benefits. Whether the business you own is incorporated or an LLC is irrelevant. Whether you were covered will depend on whether you were an employee or an independant contractor,... View More

1 Answer | Asked in Car Accidents for Indiana on
Q: someone hit my car

the person hit my car but left her insurance information. I called her insurance and I did an estimate based on her insurance instructions. Estimate came back with high repairing cost, then her insurance refuse to pay. What should I do??

Charles Candiano
Charles Candiano
answered on Sep 20, 2017

If you have property damage coverage, contact your insurance company and provide them with a copy of the note left by the other driver. If you do not have property damage coverage, you may have to file a Small Claims action.

1 Answer | Asked in Employment Law and Workers' Compensation for Illinois on
Q: What are employers rights after an employee has been released back to work without restrictions

Employee has been released without restrictions after 50 weeks of no work at all..said employee has had multiple attendance issues exceeding company handbook standards because of pain but keeps going to the doctor and being released with no restrictions. Employee has requested a reduction of hours... View More

Charles Candiano
Charles Candiano
answered on Sep 11, 2017

If the restrictions are NOT related to a work injury, you have NO obligation beyond any contractual obligation and FMLA, IF it applies.

Even if the employee was injured at work, you have no obligation to hold her job beyond the 12 weeks as provided in the FMLA, PROVIDED that FMLA applies...
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1 Answer | Asked in Workers' Compensation for Illinois on
Q: I was hurt at work and went to doctor he sent me back to work can he do that
Charles Candiano
Charles Candiano
answered on Sep 11, 2017

If you don't hire someone to enforce your rights, anything goes. Hire experienced counsel, NOW. No cost now and a greater return when you settle. Any of us are happy to answer questions without obligation.

1 Answer | Asked in Workers' Compensation for Illinois on
Q: I was injured at work in Feb. And I haven't heard from workers comp in months no one is returning my calls

And I don't know what my rights are. Or what I should be doing. I have sent in everything the asked for in a timely manner need help please

Charles Candiano
Charles Candiano
answered on Sep 11, 2017

This is typical. Things won't change until you hire an experienced attorney. There is no up-front cost and you will get more in the end. Hiring an experienced attorney is a win-win proposition.

2 Answers | Asked in Wrongful Death for Illinois on
Q: my little brother die at work parents she fed gov. Settling out of court already how long till I receive my share?

And can I borrow against my share not all just sum to get me by can I do this

Charles Candiano
Charles Candiano
answered on Sep 11, 2017

If your brother died in a work injury, in Illinois, your parents would NOT receive anything unless 3 conditions are met: 1.) He was not married; 2.) He had no Children; and 3.) Your parents were financially dependent upon your brother. Your parents may or may not get any money but YOU are NOT... View More

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2 Answers | Asked in Wrongful Death for Illinois on
Q: My grandson died in a motorcycle accident - he wasn't wearing a helmet

-- but didn't wear one b/c the driver said he didn't need it. As the grandparent, can I sue the driver?

Charles Candiano
Charles Candiano
answered on Sep 8, 2017

We need more details to provide any meaningful answer. Who you can sue depends upon who caused the accident and what your grandson died from.

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1 Answer | Asked in Car Accidents and Traffic Tickets for Indiana on
Q: At-fault accident. Damage to others exceeded my policy's limits. Can license be suspended for being under-insured?

No citations or arrest from accident. Just that I'm being asked to pay the deficiency.

Charles Candiano
Charles Candiano
answered on Aug 24, 2017

Your insurance will NOT pay anything without limiting your liability to the policy limits. You have no legal obligation to pay more and you CANNOT be sued.

4 Answers | Asked in Car Accidents and Traffic Tickets for Illinois on
Q: I was in an accident going the wrong way on a one way but it was the other persons fault and my ticket was later amended

I was in an accident going the wrong way on a one way but it was the other persons fault and my ticket was later amended to a no seat belt ticket how do I get the police report changed to reflect that.

Charles Candiano
Charles Candiano
answered on Aug 22, 2017

The police determine which is the "striking" vehicle but they CANNOT assign fault. If you were going the wrong way on a one-way street, you are at least 50% at fault and it would be a miracle if you got anyone else to pay.

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