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3 Answers | Asked in Products Liability and Car Accidents for Illinois on
Q: If I get in a no fault car accident and I have receipts showing the work I've had done to it can I be reimbursed for it?
Charles Candiano
Charles Candiano
answered on May 8, 2017

The words are getting in the way. "No fault" is a term of art. There is no such thing in Illinois. Apparently, you were in an accident where you were not at fault. As such, you are entitled to sue for damages but that would be foolish. If the defendant did not have insurance, simply... View More

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4 Answers | Asked in Wrongful Death for Illinois on
Q: Can you sue the government in a wrongful death case?
Charles Candiano
Charles Candiano
answered on May 5, 2017

Of course. If you are suing the State of Illinois, you must do so in the Court of Claims. If you are suing the Federal government, you must do so in Federal Court.

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2 Answers | Asked in Car Accidents, Personal Injury and Traffic Tickets for Illinois on
Q: After a traffic accident, can the injured driver request leniency for the at fault driver and will it have any effect?

I was involved in an accident where I was not at fault. I reacted in a way that minimized injury to the other driver to the point that she didn't have any problems at the expense of exposing myself to injury. It could easily have been fatal, if I reacted even slightly differently, but it... View More

Charles Candiano
Charles Candiano
answered on May 3, 2017

Assuming that she had insurance as has NOT accumulated a lot of traffic tickets, she will probably get a ticket for Failure to Yield or Improper Lane Change and pay a small fine. How much easier do you think they should go?

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1 Answer | Asked in Workers' Compensation for Illinois on
Q: Says request hearing,dismiss as attorney of record.Petitoner and respondent are prepared to come to completion

I got letter from my work comp lawyer the letter first shows a request for hearing. Then states motion to dismiss as attorney of record. Also under the request for hearing shows date of hearing then says Petitoner and respondent are prepared to try this matter to completion. I'm lost and... View More

Charles Candiano
Charles Candiano
answered on Apr 23, 2017

Your attorney "fired" you. "lack of communication" or Failure to Communicate" are common generic reasons stated. You and your attorney are on bad terms but your attorney CANNOT say anything to hurt your claim. Get a new attorney ASAP!!! The date noted before... View More

1 Answer | Asked in Workers' Compensation and Employment Law for Illinois on
Q: In the state of Illinois can your employer NOT pay you when you go to physical therapy do to an injury
Charles Candiano
Charles Candiano
answered on Apr 23, 2017

If you are back to work and you schedule PT or any care during work hours that COULD be scheduled outside of work hours, your employer is NOT obligated to compensate you for anything other than mileage, tolls, and parking.

Q: FCE or IME needs to be done now before settlement talks can take place. Why now??

I injured my back at work a year ago. I have completed therapy, 4 spinal injection shots and a work hardening program. During this time I was receiving my weekly worker's comp checks. After 9 months of going through this my dr. ordered an FCE to be done but my job's workers comp insurance... View More

Charles Candiano
Charles Candiano
answered on Apr 23, 2017

You are paying an attorney who knows all of the details of your claim, a great deal of money. Why would you seek an online opinion when you already paid for the privilege of getting an informed opinion? Ask YOUR attorney. HE has all of the information necessary to give you an informed answer.

1 Answer | Asked in Workers' Compensation for Illinois on
Q: What happens when a Judge calls in sick the day of trial? Does another motion for trial have to be filed?
Charles Candiano
Charles Candiano
answered on Apr 19, 2017

Yes. If you are representing yourself, you are in for a rude awakening. It is not "rocket science" but there are MANY rules and you will not be familiar with any of them, nor will you understand how to write the Proposed Decision. People come to us all the time asking us to represent... View More

1 Answer | Asked in Car Accidents, Gov & Administrative Law and Traffic Tickets for Illinois on
Q: I have court in a couple days for driving without license and car insurance

They asked me to bring proof of insurance and get a drivers license before court but I haven't had the time to get my drivers license what can I do or what would they do ?

Charles Candiano
Charles Candiano
answered on Apr 19, 2017

I'm guessing you received a ticket for driving without a license and no insurance. MANY judges/State's Attorneys will go easy on you if you bring yourself into compliance because that's the whole point. If you haven't bothered to bring yourself into compliance, you will likely... View More

3 Answers | Asked in Bankruptcy, Car Accidents, Civil Litigation and Consumer Law for Illinois on
Q: Please help. Car totalled after bankruptcy

I have a chapter 7 that has been discharged since November 2015....I did NOT reaffirm and am currently on payments. The car was hit by a drunk driver the other day and insurance deemed it totaled. The loan is 13k but car is only worth 8k. Insurance is in the process of sending payment to Leinart... View More

Charles Candiano
Charles Candiano
answered on Apr 17, 2017

Yes. You could have and should have purchased GAP insurance to cover this contingency.

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2 Answers | Asked in Workers' Compensation for Illinois on
Q: Hi how long til you have any money workmancomp settlement??
Charles Candiano
Charles Candiano
answered on Apr 23, 2017

The short answer is usually within 2-3 weeks after the Arbitrator approves the contracts. If you are representing yourself, your recovery will likely be a little more than 1/2 of what an experienced attorney could negotiate. If you have a wage loss or other complex claim, it could cost you... View More

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2 Answers | Asked in Wrongful Death for Illinois on
Q: How long do wrongful death lawsuits usually take?
Charles Candiano
Charles Candiano
answered on Apr 17, 2017

As my colleague answered, there are too many variables to give a meaningful answer without more details. If you are pursuing a wrongful death claim in Illinois, it is foolish to do so without an experienced attorney. Consults are free. If you are represented by counsel, make an appointment to... View More

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1 Answer | Asked in Workers' Compensation for Illinois on
Q: What is the State minimum for Workers comp coverage for a company owner?

I have a pay as you go policy which I've had for 2 years. At this year's audit I was told I didn't pay enough towards the minimum and now owe all that premium. I haven't changed my pay rate from the prior year and this wasn't an issue then. How can they expect me to pay... View More

Charles Candiano
Charles Candiano
answered on Apr 9, 2017

This doesn't make any sense. I have purchased WC coverage for years. Refer to the quote you received PRIOR to purchasing the policy. That document would have specified the annual or monthly premium to which you agreed on purchase.

1 Answer | Asked in Car Accidents for Indiana on
Q: I had a car accident 4 days ago. I was about to park in a parking lot, then a car backed up from the other side and hit

I had a car accident 4 days ago. I was about to park in a parking lot, then a car backed up from the other side and hit my doors.my car has all the damage. I'm an international student and I didn't know my rights. We exchanged names and phone numbers. I tried to reach him a lot but he... View More

Charles Candiano
Charles Candiano
answered on Apr 3, 2017

On your facts, you were wrong to drive without insurance but you were NOT at fault. The other driver is responsible to repair your vehicle. If your insurance had recently lapsed and you reinstated it the next day, most jurisdictions would let you off with a small fine or no fine, even if a no... View More

1 Answer | Asked in Car Accidents for Indiana on
Q: I was in a auto accident. It was ruled as the other party's fault. My truck was totaled. It costs more than the blue

Value to fix it. Can I recover the difference?

Charles Candiano
Charles Candiano
answered on Apr 3, 2017

No. Fair Market Value (FMV) is the most that anyone is obligated to pay. That is why you should always purchase gap insurance.

1 Answer | Asked in Car Accidents and Employment Discrimination for Illinois on
Q: Does my employer have to do the same for ne ?

I've been on my job 5 years as comanager my supervisor has been with the company 2 years

a few months ago his car was hit while on transport for the company ( a bank run )the company paid for all repairs. because he was on duty Just recently my car was hit/run while parked on company... View More

Charles Candiano
Charles Candiano
answered on Apr 2, 2017

Absolutely. If and when your car is damaged while performing work for your employer, it is covered. Your employer is NOT responsible for cars that get hit in the parking lot. Pull the surveillance video to see if you can ID the car that hit you.

1 Answer | Asked in Civil Litigation, Workers' Compensation and Gov & Administrative Law for Illinois on
Q: Can I sue Illinois WC commission if commissioners staff attorney father worked at employers law firm. Conflict.

Commissioners staff attorney who's initials appear on judgment, individuals father was a partner at law firm which represented company I was hurt at. This should be a conflict of interest and individual should have recused themself. Have written to board and they are trying to cover it up.... View More

Charles Candiano
Charles Candiano
answered on Mar 30, 2017

Your facts are a bit confused. It is absolutely true that an interested party should recuse herself. That said, irrespective of whatever conflict, you won at Arbitration so you cannot claim any harm or injury.

1 Answer | Asked in Workers' Compensation and Social Security for Illinois on
Q: Workman's Comp carrier went out of business during my case , would going for Disability be a real problem ?

Halfway through my workman's compensation case the insurance company Ullico Casuality went out of business , The guaranty fund was no help , I am still having problems from my injury is going for social security disability an option for me ?

Charles Candiano
Charles Candiano
answered on Mar 29, 2017

Hire an experienced Workers' Compensation attorney. I do not understand what you mean when you say "the Guaranty Fund was no help." The Fund has an obligation to defend any claims pending with an insurer that folds. The appropriate Motion before the IWCC will bring them to the... View More

1 Answer | Asked in Employment Law, Personal Injury and Workers' Compensation for Illinois on
Q: I need help with employer long-term disability. Is there someone who can help me dealing with the LTD insurance company

I have a multitude of medical conditions, ankylosing spondylitis, Sjogren’s syndrome, severe fibromyalgia, degenerative joint disease, asthma, sleep apnea, etc. I applied for LTD in July 2015. I was denied in October 2015. I appealed the decision 2 more times and just received word that my case... View More

Charles Candiano
Charles Candiano
answered on Mar 29, 2017

You need to search for an attorney who specializes in employment benefits. You should have done this in 2015. If you search for "employment benefit attorney McHenry County"you should find someone close to you. If not, search for "employment benefit attorney Chicago." There... View More

2 Answers | Asked in Employment Law and Workers' Compensation for Illinois on
Q: my workman comp pymts stopped I was injured January 26th, 2015. It's March 27th,2017 hearing day.

we were instructed to be at a hearing in front of the arbitrator, our attorney was rude, we were told by the company being held responsible that our time slot was canceled via an email which had disappeared. Our attorney says our case is a lose lose situation and if we are unhappy to go elsewhere.... View More

Charles Candiano
Charles Candiano
answered on Mar 29, 2017

When you are represented by counsel, my first inclination is to tell you to demand a sit-down meeting. In light of the facts that you have had no income for 2 years, presumably no medical care, and the fact that he told you not to expect money for 10 years, makes me say: GET ANOTHER ATTORNEY!!!... View More

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1 Answer | Asked in Wrongful Death for Illinois on
Q: What relationship do you have to have to file a wrongful death case?
Charles Candiano
Charles Candiano
answered on Mar 24, 2017

Any family member, typically a spouse, child, sibling, or parent.

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