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3 Answers | Asked in Wrongful Death for Illinois on
Q: If someone dies in an auto accident, but they were drunk, can the family sue the bar that

served the person for wrongful death?

Charles Candiano
Charles Candiano
answered on Aug 18, 2017

Yes, provided that you can prove that the defendant was served alcohol when he was "obviously intoxicated."

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2 Answers | Asked in Workers' Compensation for Illinois on
Q: Suffered a concussion after being kicked in the face by a patient and was on TTD for 9 months. Offered 3% maw fair?

No permanent deficits. Not offered employment by hospital after released by MD. Had to take lower paying job (not major difference) Is 3% maw a fair settlement?

Charles Candiano
Charles Candiano
answered on Aug 11, 2017

If you were you paid TTD for the entire 9 months and you truly have no residual deficits, it is probably fair. That said, get the offer in writing and then consult an experienced local Workers' Compensation attorney. You cannot be charged any fee on the amount in a written offer that... View More

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2 Answers | Asked in Car Accidents and Traffic Tickets for Illinois on
Q: I was given a ticket with no fine and was told to appear in court but unknowingly,I had the wrong date in mind .

I missed the court date and realized 5 days later.what happens next?I'm so scared!

Charles Candiano
Charles Candiano
answered on Aug 8, 2017

Call the Court to see if a bench warrant issued for your FTA. If it did, you need to address this, immediately or your license will be suspended, as well. A traffic attorney can take care of this provided you have a decent driving record.

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4 Answers | Asked in Car Accidents, Insurance Bad Faith and Personal Injury for Illinois on
Q: Is it normal for adjuster to send details to my boss about an open claim to pressure me to settle?

I was injured when rear ended by an uninsured motorist while driving a company vehicle. I'm currently going back and forth with my company's insurance. The adjuster keeps threatening to close the claim, trying to pressure me into signing the release. Recently, he sent an email to my... View More

Charles Candiano
Charles Candiano
answered on Aug 4, 2017

If your boss is the policy-holder, yes, it is normal. Pressuring you to settle is part of the adjuster's job. Assisting his insurer is the policy-holder's obligation.

If you were injured, you need an experienced personal injury attorney to get anything approaching fair value.

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2 Answers | Asked in Car Accidents for Illinois on
Q: Will canceled auto insurance on July 31, 2017 still cover accident on May 1, 2017?
Charles Candiano
Charles Candiano
answered on Aug 2, 2017

YES. Cancelling your insurance AFTER an accident has no legal effect on coverage.

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1 Answer | Asked in Workers' Compensation for Illinois on
Q: Can workers comp ask about previous worker comp cases that are closed?

Wc adjuster says she needs to know all other workman comp cases I have had in the past. She said it's to estimate recovery time along with mental illnesses and auto immune diseases I have currently. Is this allowed?

Charles Candiano
Charles Candiano
answered on Jul 26, 2017

All prior WC claims MUST be reported because your employer is due a credit on ALL prior specific injuries to the same body part, except for spine, shoulders, and hips because they are all MAW injuries. That said, Settling a WC claim in Illinois without counsel will cost you, BIG TIME!

2 Answers | Asked in Wrongful Death for Indiana on
Q: My ex-husband died in a car accident - am I allowed to make a wrongful death claim?
Charles Candiano
Charles Candiano
answered on Jul 24, 2017

Not for yourself. As Mr. Munsing noted, you certainly may do so for any minor children or if you are his executor.

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1 Answer | Asked in Employment Law, Workers' Compensation and Employment Discrimination for Illinois on
Q: If my boss does t want to buy me hairnets after i already asked can he fire me for not wearing my hair in a ponytail?

I Work with food, and i do have long hair, and already asked for hairnets n was told use a ponytail. Jus received a warning that if o do t do somethi g woth my by the end of the month ill be terminated and was told "the laws, the law"

Charles Candiano
Charles Candiano
answered on Jul 20, 2017

To answer the question, definitively, you MUST review the statute or rule. If employees are required to wear hats or hairnets, failure to do that may result in your dismissal, for cause. The ponytail may or may not be relevant. Refer to the statute or rule so that you will know the law.

1 Answer | Asked in Workers' Compensation for Illinois on
Q: What if my employer won't authorize the medical treatment I need?
Charles Candiano
Charles Candiano
answered on Jun 23, 2017

This is just another reason why you need an experienced attorney. 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 to settle, an attorney can add... View More

1 Answer | Asked in Traffic Tickets, Car Accidents, Collections and Small Claims for Indiana on
Q: Towing company charging me to get my own property

I was in an accident involving only myself. My vehicle was then towed. I need to get some of my personal belongings out of the vehicle but the towing company wants to charge me to get my things. Can they do this? I have all the paperwork and the keys to the car.

Charles Candiano
Charles Candiano
answered on Jun 22, 2017

If your car was towed because it was not driveable, the towing company had a right to tow it and an obligation to store it, probably under police order. If you do not have towing on your car insurance or you do not have car insurance, you are responsible for the towing and storage fees. The... View More

1 Answer | Asked in Workers' Compensation for Illinois on
Q: Is it appropriate for a casworker to ask personal questions? Like, what are your daily activities?
Charles Candiano
Charles Candiano
answered on Jun 22, 2017

You answer such a question at your peril. Something you say can be used to deny benefits. This is just one more reason to hire an attorney. The value that an experienced attorney can add to your claim will far exceed the fee. You need an experienced Workers' Compensation attorney and you... View More

2 Answers | Asked in Car Accidents for Illinois on
Q: Ex got on single car accident while driving with suspended license, he fled scene and hid car. can I report it

Vehicle is still wrecked and hidden at family members home

Charles Candiano
Charles Candiano
answered on Jun 6, 2017

Unless you were an eyewitness, you cannot. Why would you?

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1 Answer | Asked in Car Accidents for Illinois on
Q: When in a car accident that you are not at fault is the other insurance company supposed to make the check out to you?

There is a lien on the vehicle and it was totalled

Charles Candiano
Charles Candiano
answered on Jun 5, 2017

Property Damage Only

It all depends how careful they are. If there is a lienholder, they should write the check to BOTH the owner and the lienholder. Either way, it is your responsibility to repay the lienholder.

Personal Injury

If you were injured, contact a personal...
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1 Answer | Asked in Workers' Compensation for Illinois on
Q: It's been 2 years since my sever laceration. Is my employer required to offer a settlement?

While programming a machine at work that had a problem with the controller, I was severely lacerated on my left hand requiring 17 stitches. I returned to work the next day under light duty. I was under doctors care for 6 month and still have problems with numbness in my thumb and 2 fingers. Is my... View More

Charles Candiano
Charles Candiano
answered on Jun 2, 2017

Your employer has no obligation to offer you money. If they do offer money, it will likely be far less than your claim is worth. Your claim has NOT been filed with the Illinois Workers' Compensation Commission unless you filed it or hired an attorney to do so. If your claim is not filed... View More

1 Answer | Asked in Car Accidents and Traffic Tickets for Illinois on
Q: I am at 3 moving violations and just got into an accident but didnt receive a citation, will this still appear on my mvr

I am currently pending for my drivers license to be suspended for 3 months per Illinois law but took a probationary drivers course to retain driving privileges. My suspension date has not started yet and was involved in accident where i rear ended someone. i filed a police report at a station but... View More

Charles Candiano
Charles Candiano
answered on May 22, 2017

Paying a traffic ticket is the most expensive thing you can do unless it is your last ticket. Luck and driving habits conspire against us. Consult a traffic attorney ASAP to learn what can be done at this point.

1 Answer | Asked in Car Accidents for Illinois on
Q: I rear ended somebody and filed an accident report at a police station but did not receive a citation, is this normal?

I had rear ended this person and he wanted to file a police report. We waited for 2 hours for police to arrive but decided to drive to a State police station since it was taking long for them to get to us. Once there we filed a report and waited roughly 1 hour and at the end of it all we just... View More

Charles Candiano
Charles Candiano
answered on May 22, 2017

The police should not cite drivers for conduct that they do not observe. On the front of the report, they probably listed you as Driver #1. That is the "striking" driver, usually (but not always) the at-fault driver. As long as you had a valid license and current insurance, it is not... View More

1 Answer | Asked in Car Accidents and Traffic Tickets for Illinois on
Q: I got a ticket for a minor accident last week where I rear ended another car. Mail guilty plea or take traffic school?

Should I just pay the $120 fine and mail in the ticket with the guilty plea? Or plead guilty and take the additional $100 4-hour traffic school with 120-day supervision? On my particular ticket, a court appearance is not required. Thanks.

Charles Candiano
Charles Candiano
answered on May 19, 2017

NEVER pay a traffic ticket. Hire counsel. You can often get deferred prosecution and keep it off your record.

2 Answers | Asked in Animal / Dog Law and Wrongful Death for Indiana on
Q: Is it legal in the state of indiana to shoot a dog just because you find the barking annoying? What can I do to help?

I know someone who has a dog and she let her roommates shoot him just because they found him annoying. They shot him in the face with a shot gun. He has never bit anyone or hurt a fly. I want justice for this dog what can I do.

Charles Candiano
Charles Candiano
answered on May 16, 2017

Report these people to the local police ASAP. YOU cannot do anything but report it to the police. The POLICE can and should charge the shooter AND the owner with Animal Cruelty under § 35-46-3-12. The penalty is up to one year in jail UNLESS the animal dies, then it is a FELONY with up to three... View More

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3 Answers | Asked in Personal Injury and Car Accidents for Illinois on
Q: A Chicago cab rolled into my Lower back legs. Struck my legs and I don't have any broken bones Seek advice

Need

Consultation

Charles Candiano
Charles Candiano
answered on May 11, 2017

The question is whether you were injured. If you were, please contact a personal injury attorney for a consult at no cost and with no obligation.

You can find an experienced Personal Injury attorney here on JUSTIA. Attorneys on JUSTIA want to help you but we are not permitted to solicit...
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3 Answers | Asked in Workers' Compensation for Illinois on
Q: I was injured at work, dr says this is due to a failed rotator cup repair done approximately 4 1/2 yrs. ago.

I have not had any previous problems with my shoulder until recent incident. what are my options?

Charles Candiano
Charles Candiano
answered on May 10, 2017

You don't have a "failed surgery," you have a "reinjury." Contact a Workers Compensation attorney to assist. For Illinois Workers' Compensation claims, you will ALWAYS cheat yourself if your do not hire experienced counsel. You will have someone to guide you... View More

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